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HomeMy WebLinkAboutCC 2002-05-09 MinutesCITY OF MIAMI REGULAR CITY COMMISSION MEETING MINUTES OF SPECIAL MEETING HELD ON MAY 9, 2002 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/ City Clerk MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 91' day of May 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 9:52 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) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Carlos A. Gimenez, City Manager Alejandro Vilarello, Assistant City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk 1. PRESENTATIONS & PROCLAMATIONS PROCLAMATION: CUBAN CENTENNIAL COMMEMORATIVE MONTH. RECOGNIZE FAMILY OF POLICE OFFICER WILLIAM WILLIAMS WHO WAS KILLED IN THE LINE OF DUTY. PROCLAMATION: SALVATION ARMY WEEK. RECOGNITION OF BEATRIZ F. BRITO-FERRER TEACHER OF THE YEAR IN MIAMI-DADE COUNTY. SALUTE TO JOSEPH REYES, 9TH GRADER WHO WON NATIONAL RECOGNITION BY ATT BROADBAND CONTEST WITH HIS ARTWORK AND ESSAY TITLED "ATTACK ON AMERICA." DIRECT MANAGER TO WORK WITH CITY'S WASHINGTON, D.C. REPRESENTATIVES TO FACILITATE TRIP FOR JOSEPH REYES AND LA SALLE HIGH SCHOOL FACULTY WHO WILL ACCOMPANY HIM TO WASHINGTON, D.C. TO PARTICIPATE IN EDUCATIONAL TRIP AS AWARD FOR BEING SELECTED AS ONE 9T' GRADE STUDENT OF EIGHT NATIONAL 1 May 9, 2002 WINNERS OF "THE COMMON GOOD"; DIRECT MAYOR'S PROTOCOL OFFICE BE REQUESTED TO MAKE AVAILABLE RESOURCES DEEMED APPROPRIATE BY OFFICE OF MAYOR. An invocation was delivered by Reverend Guillermo Revuelta, after which Vice Chairman Winton lead those present in a pledge of allegiance to the flag. Chairman Regalado: We have very important visitors, meaning the students that we are going to introduce in a few minutes, but first, Mayor Diaz has a proclamation. Mr. Mayor. Note for the Record: Prior to the invocation, Mayor Diaz gave a presentation for Cuban Centennial Commemorative Month. Vice Chairman Winton: Good morning, ladies and gentlemen. This morning we're going to salute Joseph Reyes, a 9th grade student from La Salle High School in Coconut Grove. Would Joseph come up? Hey, Joseph. Welcome. Come on up. Stand right there, and his mother, Luz Latora (phonetic). Pleasure meeting you, and Sister Pat Rouche. Hi, Pat. Pleasure. Come on up, and Carmen Martin, and I could have said that Martin, see? Carmen Martin is Joseph's counselor. Oh, and I forget Susan Bizno. Please, Susan. AT & T Broadband. Susan, come up, please, please. Carmen Martin is Joseph's counselor. Sister Pat Roche is the Principal of La Salle High School, and again, Luz Latora is Joseph's mother. This is really a very, very special event. Following -- in a post 9/11 gesture to the entire country, AT&T (American Telephone & Telegraph) Broadband partnered with C -SPAN (Cable Satellite Public Affairs Network) to recognize public service efforts throughout the United States with a program called "The Common Good." This program was a competition for high school students in which they were asked to demonstrate an understanding of the importance of public service and define how one or more public servants have contributed to the common good. Students from around the country had an opportunity to be creative by submitting either original artwork, poetry or a collage, with a 250 word essay. The contest deadline was February 22nd of this year. It was opened to high school students throughout AT&T Broadband service area in Florida and AT&T service area throughout the United States. There was 17 entries submitted from students within Florida. There were eight winners selected nationally. Joseph Reyes, a 9th grade student from La Salle High School, was one of the eight national winners of this award, and he will join 150 other students from across the country for a week-long education trip to Washington, DC between June 9 and June 15th. His teacher, Sister Mary Ann Schaeffer, received a 25 -inch TV (television) and VCR (video cassette recorder) for her classroom, and five hundred dollars worth of videotapes from C -SPAN archives. I would ask, as a first step, that Joseph read his essay, if you're prepared to do that. Would you mind doing that for us, please? And I would like to show you -- I don't know if we can get a good picture of this for the audience watching on Net 9, but this is the artwork that he did. And he will read his essay to us. Joseph. Joseph Reyes: Have you really listened to our National Anthem? I hadn't, until September 11th. I never realized how true that statement was: "America, Home of the Brave." I did not know if I could have been as brave as those people on that day, people who went through the black smoke rising from what had once been the Twin Towers, in hopes that they could just save one more life. Men and women gave their lives to help fellow citizens to just save one more life. That is what my artwork is about, the Americans who fought selflessly for one another. What do you think you would have done in New York on September 11th? I honestly do not know what I would have done. I do not know if I could have been as brave as those firemen and policemen did. I don't think I am that brave. I will never forget how I felt on that day. I felt alone and afraid, even though I was in a room full of people. I just wanted to go home and be with my family, to make sure that everyone was safe. It really changes your view on life. One minute you feel safe and secure and the next, then you know your walls of security have crumbled and you don't know what to think anymore, so next time you listen to the National Anthem or see the Star Spangled Banner, 2 May 9, 2002 waving proudly in the wind, take a step back and really look and listen. You never know, something unexpected could change your life, as it did to me. Thank you. (APPLAUSE) Commissioner Sanchez: We have a special salute to Joseph Reyes and I will read it. "The common good honoring America's public servants. The City of Miami wishes to honor you for your sensitivity and excellence as winner of the AT&T Broadband and C -SPAN competition in which you explored the importance and the commitment of public service in America and demonstrated through the honesty, compassion and pathos of your artistic rendering, "Attack on America," a critically profound understanding of and appreciation for the role of America's public servants in maintaining the common good. It is fitting and appropriate that our local officials, on behalf of our citizens, pause in our deliberations to issue this recognition of your critical insights and to commend you for your talents and support of a humane and just society. Congratulations. (APPLAUSE) Vice Chairman Winton: And I would also like to say, Susan Bizno, AT&T, C -SPAN, thank you, thank you very much for your company's leadership in bringing us this great, fine student. It has been an honor for us to have the student, his mother, sister, and counselor here from La Salle High School. I'm sure y'all are all very, very proud, and Susan, would you like to say anything else? Susan Bizno: I'd just like to say, I think we all feel safer as long as kids like you are writing things like this. Thank you very much. (APPLAUSE) Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would like to move that the City Manager's office be instructed to work with our Washington, D.C. representatives to facilitate the trip for the -- this wonderful young student and the faculty, and family that will be accompanying them, and that the Mayor's Protocol Office be requested to make available resources that may be deemed appropriate by the office of the Mayor. I would so move. Chairman Regalado: There is a motion by Commissioner Teele. Do we have a second? Vice Chairman Winton: Second. Chairman Regalado: Second by Commissioner Winton. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes 5 to 0. 3 May 9, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-509 A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE CITY OF MIAMI'S WASHINGTON, D.C. REPRESENTATIVES TO FACILITATE A TRIP FOR JOSEPH REYES AND LA SALLE HIGH SCHOOL FACULTY AND FAMILY MEMBERS WHO WILL ACCOMPANY HIM TO WASHINGTON, D.C. ON JUNE 9- 15, 2002 TO PARTICIPATE IN AN EDUCATIONAL TRIP AS AN AWARD FOR BEING SELECTED AS ONE 9TH GRADE STUDENT OF EIGHT NATIONAL WINNERS OF "THE COMMON GOOD" COMPETITION SPONSORED BY AT&T BROADBAND AND CSPAN; AND FURTHER DIRECTING THAT THE MAYOR'S PROTOCOL OFFICE BE REQUESTED TO MAKE AVAILABLE RESOURCES THAT MAY BE DEEMED APPROPRIATE BY THE OFFICE OF THE MAYOR. 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: Thank you. Commissioner Sanchez: You're on your way to Washington. (APPLAUSE). 4 May 9, 2002 2. ORDER OF THE DAY. TABLE: ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION CASE OF WILLIAM B. BRICKELL, JAMES B. BRICKELL, JR., BEATRICE A. BRICKELL, MARY SNYDER, AND ARCHIE K. PURDY V. CITY TO 3:00 P.M. (See #6). Chairman Regalado: OK. We have some announcements and I really need to consult with members of the Commission. We have -- we need to do an executive session. If you agree, we'll do this at 3 o'clock. (INAUDIBLE COMMENTS) Chairman Regalado: Yes. This afternoon, 3 p.m. this afternoon. Immediately after that, we will take one of the Mayor's items, which is a personal presentation, and then the bond discussion. We have a 6 pm. time certain PZ (Planning and Zoning) item, and I guess that's all. So, if you all agree, 3 p.m. Vice Chairman Winton: So moved. Chairman Regalado: OK, 3 p.m. executive session with the City Attorney and staff on Brickell Park. Now, we -- before -- we don't have any vetoes from the Mayor, so we'll just go ahead and start our session. May 9, 2002 3. DIRECT MANAGER TO INSTRUCT OFFICE OF MEDIA RELATIONS TO MAKE VIDEO TAPE COPY OF PRESENTATION MADE BY MR. JUAN M. PINO, JR.'S STUDENTS FROM GEORGE WASHINGTON CARVER MIDDLE SCHOOL CONCERNING PUBLIC SERVICE AND POLICE/LAW ENFORCEMENT PROTECTION COMMUNITY ACTION PROJECTS (INTERSECTION SAFETY). Chairman Regalado: Before we take the consent agenda, we have promised a time certain for a group of distinguished visitors. We have here a group of students from George Washington Carver Middle School, and Mr. Juan Pino, their teacher, is here, and they want to address the City Commission on several community action projects, and we thank you very much. Mr. Pino, would you come up to the podium and explain what is it that you want the Commission to listen to? Juan Pino: Well, it all began as a -- Chairman Regalado: Your name and address. Mr. Pino: Juan Pino, 10521 Southwest 52nd Street. Chairman Regalado: Thank you. Mr. Pino: My students and I, we began a project called "Private Citizens," sponsored through the Dade County School System, and the organization's based out of California, and originally it just began as a community action project in class, and then we decided that -- well, the competition, it begins on the 23rd of May, and what we decided to do was that, we decided to take our issues outside the classroom and to create some kind of substantive change, not just something that's going to be, "Oh, well, you know, good job, guys" and then that's it. We really want the committee to take into consideration the types of issues that my students are going to be talking about, and all the themes that you guys were talking about this morning, I was sitting back and listening, about public service and police officers and law enforcement protection. The two issues that we're going to be mentioning this morning relate to that, specifically those two issues, and I think that if you take into consideration the arguments that my students are presenting this morning, you're going to understand exactly what it means to get involved in the community, and exactly what my students are recommending, that it can become substantive and actually can benefit both the community and law enforcement because they're public safety concerns, and that's why they're here today. Chairman Regalado: OK. Can we hear them? Mr. Pino: Yeah, absolutely. OK. Team one, let's go. Chairman Regalado: Your name and address for the record, both. Sarah Garcia: Hello. My name is Sarah Garcia and I live at 700 Southwest 33rd Avenue. Celia Almeida: My name is Celia Almeida, 216 Northwest 17th Court. Ms. Garcia: We are representing George Washington Carver Middle School. Ms. Almeida: And the problem that we're stating today is intersection safety. I'd like to quote the Florida Drivers Handbook. On page 37 it states: "More crashes happen at intersections than any other place. Be very careful when approaching any intersection or driveway." This is such an important issue that it has 6 May 9, 2002 been placed in its own section in the handbook named "Crossing Intersections." The Florida Department of Highway Safety and Motor Vehicles, based on 1988 through 1999, the fatalities that claimed 1,798 people, with an increase in 1999 through 2000 to 1,816 people, and the injuries, there's been more injuries from 1998 through 2000 and the difference of 993 people. Apparently, something needs to be done to reduce the significant number of injuries and fatalities. Ms. Garcia: We think that there are too many people running red lights, but we also think that there's too much focus on people running red lights and there's too much focus on the red lights instead of the yellow lights, and we think that the problem may be disrespect for the yellow light. Ms. Almeida: I'd like to say something about the most dangerous intersection in Miami, and it's in Pembroke Pines. The most dangerous intersections in the country are Flamingo Road and Pines Boulevard, and last year there was 357 accidents there. Cars and crashes cost society an estimated four thousand, four hundred dollars per second. That's about twenty-six thousand, two hundred dollars in the time it took me to read that last sentence. More than 2,000 -- two million, two hundred thousand people sustained disabling injuries from car accidents in 1998. Ms. Garcia: We have here some graphs. We surveyed the community, and the question -- after we explained our policy to the people, we asked them: True or false. I think that intersection safety humps are useful, and as you can see, the great majority said, true, so they think that this would really help. Ms. Almeida: I also did some surveys and one of the questions was, do you feel safe driving or walking across an intersection? Seventy-six people said no and 74 people said yes. Also, do you think a device should be made to improve motorist and pedestrian safety? As you can see, 107 people said yes, and 43 people said no. Ms. Garcia: There's not enough education on this issue. We want to increase education. There's not enforcement at intersections. We also think that the fines are way too low. They're eighty-three dollars for any moving violation, and also, we think that there should be some kind of device to reduce the potential for driver error. Thank you. Chairman Regalado: Wait. OK. Let's call the Chief of Police and you can address him directly and he can respond to the different concerns, if -- now you are in a quasi-judicial sort of environment. You can question the Chief of Police. Tell him what you think is wrong and what can we do. Ms. Garcia: We think that at intersections, there's too many people running red lights, but there's too much focus on the red lights, so we think that the problem may be the yellow light, so as I just stated, we want more education on this issue. There needs to be more enforcement. Fines need to be raised. They're only eighty-three dollars for any moving violation, and there needs to be some kind of device to reduce potential for driver error. Ms. Almeida: We had spoken to the Chief of Police in Miami -- is it Miami -Dade? In Aventura. His name is Mr. Ribel. We have talked to him about this, about both of our issues, and he has told us many things that we did not have any idea about. One of the things that he told us was that on the red light, he thought that -- they're trying -- it's a test that they're doing right now. A white light across the red light. We're not -- we -- in our opinion, we do not think this would do anything, because this -- if people are ignoring the red light, what would it do to look at the red light? So, we think that there should be something not -- to remind you to slow down, not to stop you. Vice Chairman Winton: Can I ask y'all again, what grade are y'all in and what school? 7 May 9, 2002 Ms. Garcia: Seventh grade at G. W. Carver Middle School. Vice Chairman Winton: We need to -- as soon as they graduate, we need to hire them in the City. These two girls are smart. Commissioner Teele: Why wait until they graduate? Chairman Regalado: Hey, we can hire them now. I mean, they make sense. So -- (INAUDIBLE COMMENTS) Carlos Gimenez (City Manager): Commissioner -- Mr. Chairman, I can -- I have maybe a suggestion. I don't know -- I've talked to him about this -- about this issue because when I was driving in Quebec a couple years ago, one of the things they did is, before the light turned yellow, the green light started to flash so that you would know that the yellow light was coming. I asked that of the Police Chief one day. I mean, why can't we have something like that because it really would give you advanced warning that the yellow -- here the yellow comes on and then, all of a sudden, it's either a mad dash to get through it before the red or -- I mean, you're kind of stuck in a (INAUDIBLE). Ms. Garcia: But there's one problem with that, though. We already have the yellow light reminding them that the red light is coming, so I don't see -- Mr. Gimenez: But the flashing green remind -- is now telling you that the yellow is coming and the problem could be that the yellow is too short or you don't -- the yellow just somehow just comes on. Chairman Regalado: So, Chief. Mr. Gimenez: Why don't we have that here? Did we ever look at that? Raul Martinez (Chief of Police): Yes. Raul Martinez, Chief of Police. First of all, all traffic control devices are under the auspices of Miami -Dade County, and we have asked Miami -Dade County many questions on this issue, and all we can do is ask. We can't make them do anything because it's their equipment that they do. The ladies are right about traffic being a huge issue. Last year we wrote about 64,000 traffic tickets in the City of Miami. Maybe there should have been more. But I mean, it's a substantial number of traffic infractions. We have an intersection — If any of you would look back at the previous year and take a look at where are most of the accidents happening, we have an intersection at Dixie Highway and 17th Avenue. That's our number one intersection. I know you spoke about the one on Flamingo Road up in Broward. We had 112 accidents on 17th Avenue and Dixie Highway, on that stretch there, which is roughly about 10 accidents a month, you know, when you get down to it --a state road. It's not a road for the City of Miami. But we're reaching out to the State, and reaching out to the County, because maybe there's some traffic engineering issue that can be done in that intersection to make it safer. Our biggest traffic concern -- you know, the running of red lights. The Manager has asked before, "Can we install the photo install tickets?" Something -- California has that, where if you run the red light, takes a tick -- you know, it takes a picture and you get a ticket in the mail saying, "Your car ran the red light. You're responsible for the car, so therefore, you've got to pay the ticket." We're prohibited from doing that on the state of Florida, but they have attempted twice to create legislation that allows that in the state of Florida and either some opposition from Central Florida or the northern part of Florida has fought that every time it's gone in front of the State legislature for a photo cop, for the lack of a better term. Vice Chairman Winton: That means they don't believe in red lights in North Florida, is that it? May 9, 2002 Mr. Martinez: That may be, sir. Our largest concern that we have, though, is last year we had 45 traffic fatalities. Forty-five people died in the City of Miami because of car accidents; a lot more with serious injuries. This year, for the first four months, we have 29 already, so, at the rate we're going, we're going to surpass that number of 45 that we had last year; so we're putting a lot more focus on traffic enforcement, as we did before. When crime was super high, unfortunately, traffic took a back seat. Now that crime has gone down drastically, thank God, we're putting more emphasis, with all our patrol out -- not just our motor cops. You saw some of the motor officers were here earlier, but all our patrol forces are taking more of an emphasis on traffic enforcement and writing tickets, and unfortunately, the only way you can do it is -- and you mentioned them both — education, and education, at your age, is very important, because you'll be drivers in a couple years, and also enforcement, because there's nothing -- there's not a net we can put out there that forces you to stop, not to do this. All we can do is, you know, write you a ticket when we pass you and hopefully, by you getting the ticket and paying the eighty-three dollars ($83) or whatever it is, you know, it'll make you, you know, say "I'm not going to do that again." All those traffic fine issues are State of Florida guidelines that they do. And last year we had over twenty thousand accidents in the City of Miami. Ms. Garcia: And also -- I don't know what's being done because in the figures that we found, the fatalities raised, Instead of decreasing, they increased, so I don't think there's anything being done. Chief Martinez: But let me tell you. One of the biggest factors of traffic fatalities is failure to wear a seatbelt, and we're one of the primary agencies -- in fact, we won the state of Florida award for something we call the "Buckle Up" campaign, where we -- through education and enforcement, you know, I try to send the message, you know, to buckle up, and unfortunately, Hispanics are one of the least likely to wear seatbelts, so there was a high ratio of Hispanics involved in fatalities, which, you know, in essence, (UNINTELLIGIBLE) fatality, where if that person would have been wearing their seatbelt, you still would have had the accident, but the person wouldn't have died; so wearing of the seatbelt and the educational factor is, wear a seatbelt when you're driving a car is one of the key issues of lowering that fatality rate. Ms. Garcia: OK. Well, we have groups that want to further discuss this with you, so I'll let them go ahead. Ms. Almeida: Thank you. Chairman Regalado: Thank you very much. No, no. We have the second issue. Conner Higgenbottom: Yes. We're also from G. W. Carver Middle School. My name is -- Commissioner Teele: We need to get your -- Chairman Regalado: Name, name. Commissioner Teele: We need to get your name and address for the record. Ms. Higgenbottom: Yes. My name is Conner Higgenbottom, 6140 Southwest 121 Street. Jessica Jensen: My name is Jessica Jensen, 6604 Santona Street. Ms. Higgenbottom: Our colleagues before us discussed the problem. We're here to discuss the alternative policies to the problem. As our first alternative, we chose the fill -over speed hump. Speed hump is a 9 May 9, 2002 gradual lifting of the roadway. It ranges from three to four inches high and 12 to 22 feet long. Most vehicles traveling under 25 miles per hour will suffer no driver discomfort. They're priced at approximately two thousand dollars, excluding signs, in 1997 dollars. Fill -over speed humps were recently installed in Parliament Hill, Canada, improving the success. Overall speeds and accidents dropped by 67 percent. However, because of its enormous size, the speed hump would have to be placed further away from an intersection. Ms. Jensen: As our second alternative, we have chosen the speed table. The speed table is equipped with a flat rocky surface. The texture surface allows for a walkway in residential neighborhoods. The placing of these slabs or bricks within the table itself raises labor costs substantially, making the total exceed two thousand, five hundred dollars, excluding signs, in 1997 dollars, but because of its enormous size, we cannot place it close to an intersection and because of its flat top, drainage becomes a problem of much concern. This construction of speed tables may cause may cause partial flooding in street sections. Our third and final alternative goes by the name of paint strips. Paint strips are, by far, the most controversial of alternatives. Paint strips are about six inches wide and placed at one foot intervals along an intersection. The effective paint that they're made of makes them visible at night; thus, eliminating the signs of -- thus eliminating the use of signs to warn drivers. Because of low material and labor costs, paint strips could be placed in more abundance throughout Miami -Dade County. They have yet to be used due to (UNINTELLIGIBLE) studies. Thank you. Chairman Regalado: Thank you. Vice Chairman Winton: Could I ask all of you Carver students if you're going to give this same presentation to the Board of County Commissioners? Ms. Higgenbottom: Presently, we don't have any appointments. Vice Chairman Winton: You need to do that, because all of the issues that you are addressing are essentially controlled by the County. We don't make -- you know, we can encourage the County to do the kinds of things you're suggesting, but we don't have the power to enforce it. And we can't go and do it ourselves. The County Commission makes those kinds of decisions, so I think you ought to call your Commissioner and -- you guys are all Carver? Unidentified Speaker: Yes. Chairman Regalado: Commissioner, we have a representative from Commissioner Rebecca Sosa's office here and she's always -- Vice Chairman Winton: Great. Chairman Regalado: -- very gracious to be here and -- Vice Chairman Winton: So, you could see her, who might help you, or call Commissioner Morales' office, either one to help -- they would help you to get on the agenda there. Chairman Regalado: Actually, Carver is in Commissioner Morales' district, but some of the addresses that they have said are in Commissioner Sosa's district, so is -- it could be a joint invitation for you to appear before the County. Unidentified Speaker: Thank you. 10 May 9, 2002 Vice Chairman Winton: Because your comments are very, very good, so, if you take the step to take them where the people who set the policy are, that would be very valuable, and I would encourage you all to do that because your -- y'all have put a lot of thought and effort into this and have done an outstanding job. So, don't just leave it here. Take it where it --to that next step. Unidentified Speaker: Yes. Thank you. Chairman Regalado: Your name and address. Jessica Gilbert. Hello. My name is Jessica Gilbert, 10860 Southwest 42nd Street. Elizabeth Twaids: Hi. My name is Elizabeth Twaids, 719 Escobar Avenue. OK. Chairman Regalado: Go ahead. Ms. Twaids: We are here to discuss the proposed policy. Our policy includes intersection safety humps, increased enforcement, education and increased fines. Our class has unanimously agreed on installing intersection safety humps, a device we have created. These devices are table top humps, no higher than two inches, that will be installed about 50 feet before perilous four-way intersections. We will commence to install these humps, beginning with the most perilous intersections. If the policy is successful, we plan to insert the safety humps on other perilous intersections. These intersection safety humps will serve as a sort of admonition, warning drivers they are not going to pass the red or yellow light safely. There will be a sign warning drivers to anticipate the humps lying ahead. We have also agreed that education will be needed. We will include explanations of our intersection safety humps and their purpose in drivers' education. This way all drivers will be educated about these intersection safety humps and will not be ignored as to what the hump's purpose and use is. Ms. Gilbert: We also want to increase fines. At the moment, the moving violation in the City of Miami is only eighty-three dollars. We want to raise it to a hundred and fifty. With eighty-three dollars, you can buy a pair of Jeans, a dinner. You can get a haircut and (UNINTELLIGIBLE), and shoes are much more. People continue to run the red lights, despite the fines, so this is proof that it's obviously not enough money and you can't put a price on a life. We also want to increase police enforcement. We want police stationed at intersections. Oftentimes, someone will run a red light and not get a ticket because no police is present. We hope that intersection safety humps will eliminate the need for police officers and begin to decrease the number of accidents in intersections. And we want them -- we want police officers there at least in the beginning in order to make sure that people heed the humps. Thank you. Chairman Regalado: Thank you. Ms. Jensen: Also, the money from the tickets will be allocated to the cost of the intersection safety humps and the increased enforcement, or at least a percentage of it. Thank you. Tony Cohen: Good morning. Any name is Tony Cohen, 7541 Southwest 53rd Avenue. I'm a 7th grader at G. W. Carver Middle. And we're going to tell you about a different issue that we're dealing with. There are over two -- on average, two to three hundred car pursuits in Miami -Dade County each year, and out of those two to three hundred, 35 percent of these people are committed of a felony that they have recently committed and that is the reason they're running, and when you think about it, 35 percent is a lot. That's over one third of the people. Compared to Omaha and Nebraska, which has approximately 110 car pursuits a year, we have about 190 more pursuits. These pursuits need to be stopped in an easy and safe manner, so that the people that are involved and private property are not damaged in the process. The people that are running from the police are criminals. They're not just running from the police because 11 May 9, 2002 they're in a hurry or rushing, they don't have time for a traffic violation. They're obviously running for a reason and they're probably hiding something. Kiaya Anderson: My name is Kiaya Anderson, 47424 Southwest (UNINTELLIGIBLE). OK. There's a "no chase" policy in the City of Miami and in Miami -Dade County. This enables the criminals to get away and to commit more crimes. For example, someone runs a red light one morning and does not stop when told to do so. A police officer cannot chase him because of a traffic violation only. Stopping strips are not used and the criminal gets away. That night the criminal deals drugs, which he had in his car that morning. This situation could have been prevented, and the cocaine could have been found. Yesterday morning two thieves were chased by police officers. Stop strips were not used. One thief got away and the other was drowned in the canal. If the stop strips would have been used, then the pursuit wouldn't have ended with a death. The pursuit would have ended safely and both criminals would have been caught. Thank you. Melissa Bengoa: Good morning. My name is Melissa Bengoa, 2955 Southwest 109th Court. There's also -- all stop strips and (UNINTELLIGIBLE) are banned in the City of Miami and in Miami -- Metro - Dade. They're banned because of the costs, the urban area and the liability involved. Pinecrest, Hialeah, Tampa, and the City of Miami Beach use stop strips and they're able to stop chases in a safe manner, and the cost of these stop strips is only four hundred and fifty-seven dollars and they're reusable, and the -- and the liability, they disregard it. They disregard it as being less important than protecting the citizens from criminals. Also -- there's also the problem that there's not enough government funding to research on new technologies to stop chases in even safer ways and more quickly. Thank you. Chairman Regalado: Thank you. Gabriel Schichi: Good morning. I'm Gabriel Schichi. I'm a 7th grader at G. W. Carver Middle School. My address is 6510 Southwest 65 Terrace. Our proposition is to have stop strips for the Miami -Dade Police Department. Between 1990 and 1994, there were over 1,000 police pursuits in Miami, according to the National Institute of Justice. Seventy-five percent of those ended in arrests; 45 percent began with traffic violations; 41 percent ended in personal injuries; 20 percent ended in property damage; 61 percent ended in accidents. With stop strips, the number of accidents will drop substantially, judging by the effect they had on other counties, including Monroe County, Dade County, Broward County and Hialeah. Now, usually, after a thief steals a car and a police officer uses a stop strip, and consequently, deflates the owner's tires, the owner would be glad to get the car back at all after having it stolen. Unfortunately, there have been incidents where the owner holds the Police Department liable for their tires, so we're proposing a waiver to eliminate liability for any damage to the owner's car. The waiver says, "If this vehicle is stolen, please do not engage in a high speed chase to reclaim it, unless such action is absolutely necessary to defend public safety or protect a life." In other words, giving responsibility to the insurance company. The owner would be required to sign this waiver at his or her annual car registration. Another response to police liability is something called sovereign immunity protection. Police officers are granted judgmental power to make an arrests, to enforce the law or, in this case, use stop strips. This judgmental power is considered basic to police power functions of governmental entities and recognized as critical to law enforcement officers' ability to carry out his or her duties. Sovereign immunity protection protects officers from arrests if they were just doing their job. When Metro -Dade adopted a Violent Felony Only Pursuit Policy in 1992, the number of pursuits decreased to 82 percent the following year because of the stricter system. This is an incredibly high percentage, but we can make it even higher with stop strips. Studies by the National Institute of Justice have shown that the more police cars are chasing a suspect in pursuit, the greater the likelihood of accidents. With stop strips there won't be nearly as many cars; therefore, reducing the likelihood of an accident. Money is also an important issue. Miami-Dade's budget, as of last year, was approximately four point five billion dollars. A twenty -foot stop strip costs four hundred and fifty-seven dollars. Now, we can't give a stop strip to every one of the thousands of 12 May 9, 2002 police officers in Miami; so we need a group of officers, especially trained to use stop strips. A Stop Strip Unit similar to the Bomb Squad. How many Floridians do bombs kill a year? Not that many. Yet, we have a Bomb Squad, because the Bomb Squad prevents bomb attacks. Pursuits occur much more frequently. A unit of stop strip officers can prevent accidents due to high-speed pursuits. Stop strips not only prevent accidents, but they'll stop pursuits. Pursuits are dangerous. In fact, as I said before, 61 percent of police pursuits end in accidents. People dies because of high speed car chases; trying to escape or simply getting hit by the suspect car or even police cars chasing it. Thus, stop strips save lives to catch criminals and to protect private property. It's the police officer's duty to protect citizens and enforce the law. If they need the help of stop strips, which they do, they should get it. Chairman Regalado: Thank you very much. And thank you, Mr. Pino. Mr. Manager, if you would direct the Media Relations Office to facilitate a copy of their presentation on videocassette so they'd be able to make copies for the benefit of others students and their families. Mr. Gimenez: Yes, sir. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I would just like to say, I don't know if the parents of any of these kids are here, but I can tell you, from what I've heard, their parents ought to be terribly proud of the work they've done. I think that it is crystal clear that y'all have put a lot of effort into the research that you've done. The research was very good. The presentations were outstanding. I think y'all just did a great, great, great job and we welcome you to the City of Miami, and thank you for coming. Chairman Regalado: Thank you very much. (APPLAUSE) 13 May 9, 2002 4. ORDER OF THE DAY CONSENT AGENDA. Chairman Regalado: OK. Consent agenda. I said we have no vetoes from the Mayor. Carlos Gimenez (City Manager): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: The administration would like to pull item CA -4, CA -7 from the consent agenda. We would also like to pull Items 27, 37 and 45 from the regular agenda. And we have a -- Chairman Regalado: Item 27 is the Coconut Grove Festival District. It's wrong, the appointments, so we need to bring it back. Item 37 is -- Commissioner Sanchez: Wait, wait, wait. Twenty -- Commissioner Gonzalez: Latin Quarter Review Board, right? Chairman Regalado: Latin Quarter Review Board. Priscilla A.Thompson (City Clerk): Well, in fact -- Chairman Regalado: That is not necessary because -- Commissioner Sanchez: Why do we -- Mr. Chairman, why are we pulling Latin Quarter (UNINTELLIGIBLE) when we're going to sunset it today? Mr. Gimenez: Excuse me? Commissioner Sanchez: Why are we pulling it? Mr. Gimenez: Because -- Ms. Thompson: Because you are going to be sunsetting it today. We did not realize, when we put it in for appointments that, there would be a sunsetting coming up. Commissioner Sanchez: OK. Now, I just want you to be aware of -- Chairman Regalado: Yeah. You want to do away with that board. Ms. Thompson: Right. Commissioner Sanchez: Yeah. We're doing away with it. Ms. Thompson: Right. Commissioner Sanchez: OK. 14 May 9, 2002 Chairman Regalado: So, we won't make any appointments. Commissioner Gonzalez: So, we're pulling CA -4. We're pulling 27, 37 -- Mr. Gimenez: CA -7 also. Commissioner Gonzalez: CA -7 also. Ms. Thompson: And we'd like to add from the City Clerk's office, if we can pull Item Number 24, which is the Property and Asset Review Committee. Directions were given to the City Manager to put that on the list of boards to be abolished. Thank you. Chairman Regalado: Item 24 is also -- Mr. Gimenez: We also need to make a floor amendment to Item CA -10. Chairman Regalado: CA -10 for an amendment. Any Commissioners -- Vice Chairman Winton: Yes, yes. I would like to -- whatever the term is -- postpone -- do CA -8 this afternoon, after I've had a chance to talk to the Manager -- Asset Management or someone. Chairman Regalado: CA -8 -- Vice Chairman Winton: CA -8. Chairman Regalado: -- is deferred for this afternoon, for discussion this afternoon, after 3:30 p.m. Anybody else wants to pull an item for discussion? Commissioner Gonzalez: I would like to pull CA -9 for discussion. Chairman Regalado: CA -9 pulled out of the agenda. Not deferred, pulled for discussion later on. Immediately after that, if you want to, or in the afternoon. Commissioner Gonzalez: No. We can do it this morning. Chairman Regalado: OK. Commissioner Gonzalez: Well, if it is the will of the Commission, we'll do this one. Chairman Regalado: Do we have a motion for the consent agenda? Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: It's been moved by Commissioner Sanchez. Commissioner Gonzalez: Second. Chairman Regalado: Second by Commissioner Gonzalez, with amendment to one of the items. Unidentified Speaker: Could I read the amendment into the record so -- 15 May 9, 2002 Chairman Regalado: Which is -- Unidentified Speaker: CA -10. All we're doing is changing the total amount of the estimated grant from what you have, which is 534,457 to 602,749. That's just an estimated value of a grant that we're getting. Chairman Regalado: OK. The amendment is included. We have a motion -- Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzdlez: Second. Chairman Regalado: It's a public hearing. Anybody who wishes to speak on the consent agenda. Being none, all in favor say "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 Sanchez and seconded by Commissioner Gonzalez, the consent agenda items were passed by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 4.1. ACCEPT BID OF J. BALSERA SCHOOL SERVICE, INC., PURSUANT TO INVITATION FOR BIDS NO. 01-02-083, FOR PROVISION OF YEAR-ROUND BUS TRANSPORTATION SERVICES FOR DEPARTMENT OF PARKS AND RECREATION, $42,500; ALLOCATE FUNDS FROM PARKS AND RECREATION GENERAL FUND. RESOLUTION NO. 02-510 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF J. BALSERA SCHOOL SERVICE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-083, FOR THE PROVISION OF YEAR-ROUND BUS TRANSPORTATION SERVICES FOR THE DEPARTMENT OF PARKS AND RECREATION, ON A 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 $42,500, WITH APPROPRIATE PRICE ADJUSTMENTS BASED ON THE 16 May 9, 2002 CURRENT YEAR CONSUMER PRICE INDEX; ALLOCATING FUNDS FROM PARKS AND RECREATION GENERAL FUND, ACCOUNT CODE NO. 001000.580301.530. 4.2 AUTHORIZE MANAGER TO EXECUTE ADDENDUM TO MEMORANDUM OF AGREEMENT DATED NOVEMBER 6, 1980, WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), AMENDING LEASE AREA TO EXCLUDE TWO PARCELS OF LAND TOTALING 1,914 SQUARE FEET SO THAT FDOT MAY DECLARE PARCELS SURPLUS AND SELL SAME TO ADJACENT OWNER. RESOLUTION NO. 02-511 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE MEMORANDUM OF AGREEMENT DATED NOVEMBER 6, 1980, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), AMENDING THE LEASE AREA TO EXCLUDE TWO PARCELS OF LAND TOTALING 1,914 SQUARE FEET SO THAT FDOT MAY DECLARE THE PARCELS SURPLUS AND SELL SAME TO AN ADJACENT CsIiJ�lilt 4.3 AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE CENTER FOR USE OF CITY -OWNED PROPERTY LOCATED AT 1836 NORTHWEST 2211D PLACE, FOR OPERATION OF LOW-COST DAY CARE CENTER FOR AREA RESIDENTS AT MONTHLY FEE OF $50 FOR TEN YEARS. RESOLUTION NO. 02-512 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE CENTER FOR THE USE OF CITY -OWNED PROPERTY LOCATED AT 1836 NORTHWEST 22ND PLACE, MIAMI, FLORIDA, FOR THE OPERATION OF A LOW-COST DAY CARE CENTER FOR AREA RESIDENTS, AT A MONTHLY FEE OF $50 FOR A PERIOD OF TEN YEARS, SUBJECT TO A THIRTY -DAY REVOCABLE PROVISION, AND UNDER ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 4.4 AMEND RESOLUTION NO. 00-833, WHICH AMENDED RESOLUTION NO. 00-440, FOR PROCUREMENT OF GROUNDS MAINTENANCE SERVICES, FOR VARIOUS CITY PARKS AND FIRE STATIONS FROM J.R. ALVAREZ LAND CLEARING, TO INCREASE ANNUAL AMOUNT FOR "GROUP A" FROM $15,600 TO $17,100, AND INCREASE TOTAL ANNUAL CONTRACT AMOUNT FOR GROUPS A, B, AND C FROM $64,068 TO $65,568; ALLOCATE FUNDS FROM DEPARTMENT OF FIRE -RESCUE AND DEPARTMENT OF PARKS AND RECREATION, OPERATIONS DIVISION. RESOLUTION NO. 02-513 17 May 9, 2002 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-833, WHICH AMENDED RESOLUTION NO. 00-440, FOR THE PROCUREMENT OF GROUNDS MAINTENANCE SERVICES, FOR VARIOUS CITY PARKS AND FIRE STATIONS FROM J.R. ALVAREZ LAND CLEARING, TO INCREASE THE ANNUAL AMOUNT FOR "GROUP A" IN THE AMOUNT OF $1,500, FROM $15,600 TO $17,100, AND INCREASING THE TOTAL ANNUAL CONTRACT AMOUNT FOR GROUPS A, B, AND C FROM $64,068 TO $65,568; ALLOCATING FUNDS FOR SAID INCREASE FROM DEPARTMENT OF FIRE - RESCUE ACCOUNT CODE NO. 001000.280.601.6.670 AND DEPARTMENT OF PARKS AND RECREATION, OPERATIONS DIVISION, ACCOUNT CODE NO. 001000.5 803 02.6.3 40. 4.5 AMEND RESOLUTION NO. 98-993 FOR PROCUREMENT OF HYDRAULIC PARTS, SUPPLIES AND REPAIR SERVICES, UNDER EXISTING MIAMI-DADE CONTRACT NO. 4599- 4/02 -OTR, TO PROPERLY REFLECT CONTRACT OPTION FOR RENEWAL TERM TO FOUR ADDITIONAL ONE-YEAR PERIODS AND ANY EXTENSIONS. RESOLUTION NO. 02-514 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 98-993, ADOPTED OCTOBER 13, 1998, FOR THE PROCUREMENT OF HYDRAULIC PARTS, SUPPLIES AND REPAIR SERVICES, UNDER EXISTING MIAMI-DADE CONTRACT NO. 4599 -4/02 -OTR, TO PROPERLY REFLECT THE CONTRACT OPTION FOR RENEWAL TERM TO FOUR ADDITIONAL ONE-YEAR PERIODS AND ANY EXTENSIONS. 4.6 AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH SCHOOL BOARD OF MIAMI-DADE COUNTY FOR PURPOSE OF PROVIDING MEALS TO PARTICIPANTS OF CITY'S SUMMER FOOD SERVICE PROGRAM FOR 2002 OPERATED BY CITY'S DEPARTMENT OF PARKS AND RECREATION; SAID AUTHORIZATION BEING CONDITIONED UPON CITY'S ACCEPTANCE OF $534,457 GRANT FROM USDA THROUGH FLORIDA DEPARTMENT OF EDUCATION. RESOLUTION NO. 02-515 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2002 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE CITY'S DEPARTMENT OF PARKS AND RECREATION FROM JUNE 17, 2002 TO AUGUST 23, 2002, CONDITIONED UPON THE CITY'S ACCEPTANCE AND APPROPRIATION OF A GRANT IN THE ESTIMATED AMOUNT OF $602,749 FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; ALLOCATING FUNDS FOR SAID MEALS, FROM THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2002 SPECIAL REVENUE FUND. 4.7 ACCEPT REPORT FROM CIVIL SERVICE BOARD. 18 May 9, 2002 MOTION NO. 02-516 A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 4.8 ACCEPT REPORT FROM MANAGER REGARDING COMMISSION DIRECTIVES. MOTION NO. 02-517 A MOTION ACCEPTING A REPORT FROM THE CITY MANAGER REGARDING COMMISSION DIRECTIVES. Chairman Regalado: Commissioner Gonzalez, you wish to discuss CA -9. It's a settlement on a police case. Commissioner Gonzalez: Yes, Mr. Chairman. I have to tell you that I'm very, very concerned with the amount of settlements and the amount of money that the City is paying out, due to problems caused by police officers in the past, and when I saw on the agenda that we were -- that we have a settlement for nine hundred and twenty-five thousand dollars -- and I read an article in The Miami Herald where it says that the settlement is going to be about one point five million dollars. I was kind of concerned basically, first of all, because we have two different amount of money, OK. We're talking about nine hundred and twenty-five thousand dollars here and The Miami Herald reported that the total settlement is going to be one point five. And that really concerns me. But also, what concerns me more is that our -- so far, since I've been a Commissioner, I think that we have paid close to four million dollars in settlements, if not more. I would like to know how many more millions of dollars our citizens are going to have to pay on settling cases that has to do with the Police Department? Chairman Regalado: Mr. City Attorney. Commissioner Gonzalez: You know, it's very -- it's a very serious situation. And I know that we have some more citizens out there that have filed suit or that are planning on filing suit against the City of Miami Police Department and the City of Miami. And also I know that there are some police officers that are suing the Police Department and there are some other officers that, at this point in time, that we're discussing this issue, are contacting attorneys in order to sue the City and to sue the Police Department, and they has -- this has to come to an end. Somehow we have a problem in the Police Department, and it's not a reflection on you, Chief. I know that I support you. I support the Police Department, but we have a problem. We have a problem and the problem, Mr. Manager, something needs to be done. I've been talking to you for quite a while about the problems and something needs to be done. Let me tell you. About a month ago I requested a radio to monitor calls in my district. And maybe at the time I did that, it might have been a joke to -- for some people to the City, but I'm glad that I did. You know why? Because I've been able to monitor the calls and I've been able to see the effort that the police officers are putting out there trying to do their job, and we don't have enough police presence in our streets. Now that I have been able to monitor calls, I have seen -- I have -- I'm more convinced than ever that we need to put more police officers out on the street. Last week we were holding priority calls. Some calls -- some priority calls were on hold for more than 20 minutes. This morning, early this morning, in the Allapattah area, they were holding calls early this morning. We're talking -- today is Thursday. This is not a Saturday. This is not a Friday, at 2 a.m. in the morning, when everybody's having a good time and drinking and we have a lot of traffic on the street. This is a Thursday, 7 o'clock in the morning. We were already holding calls in Allapattah. I have found out that in Allapattah we have an average of six to one call in comparison to other districts. While there is a call coming out of the Flagami or Melreese or the 19 May 9, 2002 Grapeland area, we have five calls or six calls coming out of the Allapattah area. And I can't blame the officers out there. I can't blame them because thanks to the courtesy of the Police Chief, I was able to ride with the police officer in the police car two nights and I know what they're trying -- and I know what they're doing. I know they're working. I know they're trying to do the best, but they can't. They can't. We need to do something in the organization of this Department, because the problem, the way I see it -- and I'm not an expert and I have never been a Police Chief. I've never been a General or a Colonel or whatever, or a Mayor or whatever you want to call it. I believe the problem is coming from the top down. I also -- and I bring this out to discussion, Mr. Chairman, because it's important that we discuss -- we put these matters on the table, OK. There is a morale problem in the Police Department. Even though in some instances, the high command of the department doesn't want us to find out what is going on in many occasions, things get to us; at least, they get to me. So, I don't know what we're going to do, but we need to do something. I don't know when we're going to start. We promised here that we were going to change the City, that we were going to start to improve the City; that when we approve the contracts, we were told that efforts were going to be made in every department to be more efficient, to be more proactive, to be more this, to be more that, and you know, I want to make sure that those are not promises. As I tell you, those police officers out there, the officers themselves, they're going crazy answering calls, and they can only take one call at a time. I mean, they can't divide themselves and send half a police car in one place and send half of the other police car some other place. And maybe that is one of the reasons why we have so many suits, where we're paying so much money in lawsuits. And the -- what really concerns me is that even members of the force are suing the department for different reasons, and that is my point, Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez. Commissioner Sanchez: This is something that, Commissioner Gonzalez, you haven't heard it and we all haven't heard it here that we're here. This is one of possibly many lawsuits to come our way. I'm surprised that the City Attorney hasn't cautioned us of what we could say on this issue, because there are other pending cases that are out there, that we need to be very careful with what we say. But to sum it up, all I could say is, welcome to Alice in Wonderland and you can't tap your heals and go home yet. There are more lawsuits that will be brought forth. We are a large department. We are a big department. We're a department that, no matter what, we're going to generate lawsuits and we have to defend those lawsuits. Now, let me tell you the history, because the history is very important in this case. We should have learned a lot from the River cases, and that was with this department, due to the large growth of population went out there and recruited and did a poor job recruiting. So, what happens is, years down the line, since you've recruited people that weren't meant to be police officers, end up crossing that gray line. One could say it's a problem with training and recruitment. I can tell you one thing. We have made significant improvement in the three years that I've been here, but most of these cases that have come forth are from a small group of individuals that continue to haunt us. And when you have one individual - - and I'm going to leave it at that. I'm going to leave it at that. But just to say the last thing. We need to focus more on training and we need to improve our recruitment. Chief, you've done the best you can. You've put together the board that reviews -- what is that, the applicants -- Raul Martinez (Chief of Police): Yes, sir. We have a -- Raul Martinez, Chief of Police. We have put — citizens now participate during the final hiring process of police officers. They can have a say-so. Commissioner Sanchez: What is that board called? The -- Chief Martinez: I can't remember the name of it. It's the old -- Commissioner Sanchez: The old Review Board. 20 May 9, 2002 Chief Martinez: The old Review Board. Commissioner Sanchez: Yeah. If they go in front of -- OK. See, that's a step in the right direction. But I'll tell you one thing. Morale is low. And I get it out there. Because you know what? I wore the uniform and I, you know, stop and talk to my fellow friends that I've worked with -- alongside and had coffee with them. Morale is low. Although crime was reduced and you have some police officers that are out there doing a great job -- and I had the distinguished honor of being at the Miccosukee resort, where they honored one of our fine police officers that works in my district, who made nine hundred and some arrests. I wish we had more like that young man, and I think he's got a very bright future in law enforcement. But when you don't have the support of the community, and you don't have the support of brass, and you don't have the support of the administration and the elected officials, all that has a weight on morale. And then the buck stops where it always stops: It stops on your desk because you're the Chief of Police, and it stops on the Mayor's -- the Major's that are running the substations that have to lift up morale. I'll tell you one thing: I'm willing to do one thing, and I think all the Commissioners here should do. We should go and visit some of the roll calls, which I'm prepared to do. In that way, we get to interact with them. Because you know what? You could interact with them outside of the Police Department in a restaurant or having coffee. When I worked out at the gym, you know, you get to socialize that way. But that's the only way you get to interact with them and find out what's really going on in the Police Department. And every Police Department has problems. I speak from experience. No one's ever happy where they're at. Everybody wants something better and everybody always has room to complain, but the lawsuits that we're facing today, I could honestly tell you that if we focus on adequate training and good recruitment. In the long run, they'll minimize what the taxpayers have to pay. You know, when it comes in front of us -- and I'm not an Attorney. I have to rely on the advice of the Attorney, and if he tells me, it's good for the City, 99.9 percent of the time, I go with the City Attorney. Chairman Regalado: Mr. City Attorney -- Alejandro Vilarello (City Attorney): Mr. Chairman, if I could -- Chairman Regalado: -- I would like to ask you, how many pending suits we have in terms of police shootings? Mr. Vilarello: Commissioner, I can't give you that number off the top of my head, but I can within a half an hour -- Chairman Regalado: We have one coming in, which is a companion to this one, that we're -- Mr. Vilarello: There's another plaintiff that arose out of the same facts and circumstances -- similar facts and circumstances as the Wiltshire case. Chairman Regalado: Is that going to trial or -- Mr. Vilarello: At this point, we're -- outside counsel is preparing that case. I don't believe it's on the trial calendar at this point. Is it? It is scheduled for trial a year from March. Chairman Regalado: To your knowledge, had there been any suits filed regarding the Elian Gonzalez demonstrations in Miami? Mr. Vilarello: We've had several claims filed, yes. None of those have been resolved at this point, except that some have been dismissed in favor of the City. 21 May 9, 2002 Chairman Regalado: You have an idea how many? You recall? Mr. Vilarello: At this point, the number is minimal that have actually filed suit. We have received many notices of claims filed by individuals who have claimed of being injured or damaged somehow as a result of being involved in that event. Chairman Regalado: Chief, I also have some comments. Mr. Vilarello: Mr. Chairman, -- Chairman Regalado: Yes, sir. Mr. Vilarello: -- may I just briefly address one point that Commissioner Gonzalez brought up. The settlement is nine hundred and twenty-five thousand dollars. I believe it's the intent of the plaintiff to invest a portion of that into an annuity and I assume -- and I can only assume that that would generate additional funds, but that's not an additional obligation of the City. So, the nine hundred and twenty-five dollars is exactly the amount. Commissioner Sanchez: So, what's the final cost to the City of Miami, nine hundred and twenty-five? Mr. Vilarello: Nine hundred and twenty-five thousand dollars. Commissioner Gonzalez: And that's not what I read in the paper, so -- but anyway, if that's -- I take your word for it. Mr. Vilarello: With regard to each case that comes before you -- and, of course, we make an analysis of each case and we can only address them on a case-by-case basis. However, when I came on board as the City Attorney, this City Commission insisted that any time that we address the settlement of a case, that we, at the same time, address the nature of the problem in an attempt to resolve those issues, and the Chief of Police and I consistently met on, not only this case, but every case that comes before you, and we do that with each and every department so that we can attempt, as best we can, to avoid the same errors in the future, and that policy's been in place, as established by the City Commission, for at least the last four years. Commissioner Gonzalez: I happen to -- Mr. Chairman, I'm sorry that Commissioner Sanchez stepped out, but I happen to -- Chairman Regalado: We have to -- excuse me. We have to stop. Where's Peter? Peter, we need to get one member of the Commission. Mr. Vilarello: We have a quorum, Commissioner. Commissioner Gonzalez: We have a quorum. Commissioner Winton is -- Chairman Regalado: Oh. Hello. Commissioner Gonzalez: I happen to disagree with Commissioner Sanchez. I don't think going to roll call is going to make any difference, because some officers are intimidated or are afraid to express their concerns and their frustrations and their problems to us. Because in certain cases, they have been instructed even not to talk to us politicians, OK, and that came to me two weeks ago, so going to a roll call in front of all the majors and all the captains and all the colonels and all the generals, they're not 22 May 9, 2002 going to talk to us. They're not going to tell us what the problems are. You know what they tell us what the problems are? If we go and have dinner at La Carreta and we go to Versailles or we stop at a gas station and we meet them, maybe out there they will tell us what the problems are and they would say, "Please, please, don't reveal my name because I don't want to get in trouble." OK. And I don't think that is a positive attitude. Problems have to be discussed. Problems need to be put on the table and discussed, so, you know, I -- if Commissioner Sanchez wants to go to a roll call, I'll be more than happy to go to any roll call, but I know that we're not going to get anything accomplished going to roll calls. Commissioner Sanchez, your being an ex -police officer, and you said it, you have talked to friends of yours who are also police officers now, and they have expressed to you their frustration and you know for a fact that the morale is low and it's getting lower and lower, and this needs to be taken care of. This needs to be stopped. Chairman Regalado: Thank you very much. Before you address the Commission, Chief, I -- you know, it seems, Chief, that you do have the support of the elected officials and, of course, you have my support, too, but when reading the article that Commissioner Gonzalez was referring to, you were quoted as saying, "This is -- this case is horrible." Is that the word you used? Chief Martinez: I'm not sure what word I used, but this is not a case that we're proud of. Chairman Regalado: Well -- Chief Martinez: This is not a case that we're proud of. I'm not sure what word I may have used to the reporter. Chairman Regalado: No. No, no. What I'm saying is, I do remember your quote. You said that, "If this is the case, this is horrible." But then, at the same article, you are also described as the person that directed an inquiry and you said that you didn't get the information at that time; that you were given wrong information. That is, more or less, what you said. Chief Martinez: Commissioner, I was Assistant Chief of Operations and when shootings happen, after Homicide says it's a good shooting, after the State Attorney's Office says it's a good shooting, after a judge says it's a good shooting, it goes in front of a board that takes a look at policies and procedures, you know, as to the shooting. Did the officer violate policy? The information presented to that board, which is that three assistant chiefs, was information that lead us to believe that was a good police shooting. Obviously, some officers lie. Years afterwards -- this is a 1995 police shooting, Commissioner, that you're seeing now. Takes seven years for this stuff to make it through the legal system and to get to the bottom of the ending of the case. You know, obviously, we have officers now coming forward to say, "By the way, we lied. Somebody planted a gun and X, Y, Z." Nobody looked at those issues. They didn't come forward at the time and they didn't hindsight the investigative body, Homicide, Internal Affairs, State Attorney's Office should have looked at -- maybe at some of those issues that didn't fit, at some of the loose ends that they say, well, doesn't matter. They were bad guys who committed a robbery. You know, they're saying this. There's nobody there to say anything opposite to what they're -- they're there and that was the -- that was ruled. And not just by the Homicide Unit, but by the State Attorney's Office and by an inquest judge. Chairman Regalado: No. The reason I'm saying this, Chief, is because we support you. We want to protect you as the Chief of Police, and, you know, you now realize that the information you got was wrong information. So, my -- and it goes back to the same thing. You stood right there when we were discussing, I think a year and a half ago or maybe two years, the Police Department spying on elected officials, and you said, to my knowledge, you know, this never happened or whatever. And, yet, there are depositions now that shows that there was some kind of spying on elected officials. And you have a 23 May 9, 2002 whistle blower that was demoted because he didn't want to take part of that. It's a messy situation. My question to you -- and we believe what you said, that during your watch there will not be anymore spying on elected officials and all that. I guess that we all believe that. But my question is to you: What do you propose to do to get the right information so your Assistant Chief cannot make wrong decisions that will come to haunt us three years from now? Chief Martinez: Commissioner, let me address the whole -- if you let me address the whole slew of statements that were made, that I completely disagree with a bunch of them but, you know, we all have our rights to express our opinions. That's what this country is all about. As I said before, this is a 1995 case, and now is when it makes it to the City Commission. The issues about morale, you're right, but when you have Police Department that has a Citizens Investigative Panel that was shoved down its throat, with good reasons -- Chairman Regalado: Excuse me. Chief, excuse me. Commissioner Gonzalez: I'm sorry. That's not the reason that the morale is low. Chairman Regalado: No, no. Commissioner Gonzalez, excuse me. Seventy-eight percent of the voters of Miami cannot be wrong. Chief Martinez: Commissioner, I'm not -- Chairman Regalado: It wasn't shoved down the throats of the City -- you know, you know what happened? Because of this shooting, because of the beatings against the Cuban community by the Police Department during the Elian Gonzalez. You brought it onto yourself. I mean, don't say that this is a mistake. Chief Martinez: Commissioner, I'm not arguing with you. I am saying it is the legacy of this small group of police officers that they brought this Citizens Investigative Panel. But the other 99 percent of the cops that didn't beat anybody, that didn't shoot anybody, still are going to have a Citizens Investigative Panel and they did nothing wrong. That does nothing — wonders-- morale. You also have -- Chairman Regalado: Chief, excuse me. I agree with you. I totally agree with you. The same -- yeah, but I cannot accept what you said about a Police Investigation Committee down their throat. It is not the right way to describe what happened. This was the result of a genuine anger, by -- a frustration by the people of Miami, that did not trust the Police Department, and I agree with you. But you know what? It's the same situation with the Catholic church. There are 254,000 priests in the United States and look what is going on? So, you know, you cannot complain because, you know, the whole police force is on trial on the public opinion because there are five, 10 or 15 wrong police officers. That is the perception and you have to live with it. And the police did beat the hell out of many Cubans during the Elian Gonzalez, did make bad arrests and did lie to you, so you know -- the only thing I cannot accept is that this was forced on the Police Department. It was brought onto the Police Department by the same police officers that we're paying now money. Chief Martinez: Commissioner, again, I'm not disagreeing with that point, but it was -- for the officer that did nothing wrong, he's saying, "It's being shoved down my throat because I didn't do any of those misdeeds." Beyond the issue of the Citizens Investigative Panel, we had indictments last year and we had extended contract negotiations that went on for months and months. Officers went without a contract. As far as morale also, a byproduct of morale is crime going up. In Cincinnati, when morale went down, arrests went down drastically and crime went up drastically, that did not happen in this community. The I 1 percent crime decrease last year, it is one of the highest in the nation, not just in Dade County, not just 24 May 9, 2002 in the state of Florida. One of the highest in the nation. Maybe that doesn't impact on you a lot, but, I mean, I think it should because it makes all the streets safer, and when you're in those community meetings, fortunately now, the issue's not "I'm afraid to go out of my house because I'm getting robbed." They're complaining about garbage. They're complaining about Code Enforcement. They're complaining about -- which is good. It shows how far this City has come in a few years. The issue with police staffing. I sent you, on a monthly basis, our police staffing. That shows exactly where every officer is at. It's not a secret. It's not a hidden formula. You get a matrix that shows training has six cops, property has -- whatever (UNINTELLIGIBLE) you can have it. So, if you have a question on why do we have six or seven or two cops in training, you have a right to ask, through the Manager, why do we have officers assigned to training? We have like 88 to 89 percent of our officers are assigned to operational duties, either on patrol, homicide, narcotics, robbery, giving direct response to our citizens. We have hired very few police officers. Last year we hired maybe 12 cops. Right now we have zero people in the police academy. So, if we want to bring more officers to the street -- and, Commissioner Gonzalez, I agree with you. We need more officers in the street -- we have to do two things: We either hire more. And we have about a hundred grant positions that we haven't hired. My understanding, the Manager's concern is, can we afford this? We can have cops three years, but can we afford in year four? Can the City taxpayers afford to pay that salary in year four when year four comes around? It's very simple to get the gravy now when you've got to pay for it like you're paying now for our lawsuit. Can the City afford to do that? All we've got to say, if we're not going to hire, then there's things we've got to stop doing. We've got to stop doing bomb investigations. We have to stop doing homicides, so on and so forth. That's the only way we can put more people in patrol. And I drastically send people to patrol in a monthly basis. People go to patrol to wide open slots. Whatever slots we have open, somebody comes for 30 days and rides that slot to make sure that that patrol zone has a police officer. He or she rides in that patrol zone for that. The job of a police officer requires the use of force at some times. You know, it's the nature of the business. Miami has gotten a lot safer, but there's still a lot of bad guys out there that if you blink, they're going to clean their Glock; and we had two incidents this year that an officer used their firearm. An officer was stabbed several times, and we were lucky. It was God's grace why we wouldn't be calling somebody else's name today. He fired his firearm correctly. Another officer fought for a gun and the gun was discharged this far away from his face. He suffered bones when the gun fired. We were lucky that the officer's name was not in the honor roll today. It's the nature of the business. You've got bad guys who don't want to go to jail, who are armed to their teeth. And there are officers, like Commissioner Gonzalez is saying, is trying to do their best. I am very proud of our police officers. And the issue on support: They all have my support. Some people don't like me. I -- it takes a lot of change in the organization and people don't like change. When you're strict, people don't like strictness. Most of the officers do support it, but when you've got to fire somebody that doesn't want to get fire, you've got to discipline somebody that doesn't want to get disciplined, when you change the organizational culture that's been there, good, bad or indifferent, there's a price for that happening. Things don't just happen one day and say, we're going to change. We're going to wear different uniforms and that's going to do it. Talking to the politicians, which is the issue Commissioner Gonzalez, that a memo was sent to the management and I responded to it. Additionally, at a staff meeting, and I said the following, and I'll say it again. You can talk to Commissioners all you want about crime, neighborhood issues, invite them to ride, because the more you know, like you did, Commissioner, about the Police Department, I think the more support we're going to have of the (UNINTELLIGIBLE) Police Department. The one thing I did tell them was, if you're going to get beyond that, you're going to talk about policy issues, you're going to talk about other issues that have nothing to do with neighborhood issues, you better talk to me. Of course -- "A," because I should know about it because if you call me and you said what's going on in this table, I should be able to tell you. I should know just as much as my (UNINTELLIGIBLE) patrol. So, that is my -- as long as I'm Chief of Police, anybody that talks to any of you, it has nothing to do with disrespect for anyone here. I think you hired me to do that, for me to know what's happening in my police force, for me to control staffing among my police force. Officers (UNINTELLIGIBLE) Commissioners, we've got 1100 cops and we have 350 civilian police officers -- I mean civilian support personnel. The great majority are great 25 May 9, 2002 employees. A couple of them, you know, maybe are not too great. My challenge is to get rid of that couple of them. Chairman Regalado: Thank you very much. Commissioner Gonzalez: I agree a hundred percent with most of the things that you're saying there. We're not here criticizing the police officers out in the field, OK, and we know what they're going through. We know that they're putting their lives on the line to protect the citizens and the property of the City of Miami. Chairman Regalado: OK. Commissioner Gonzalez: And I'm not criticizing -- as you just said, in the 1995, OK, they lied to you. They lied to you. Because you were the Chairman of the shooting board. And you didn't make the right decisions. Excuse me. You didn't make the right decisions at that time because you were lied to, OK. Well, today, or a year ago or two years ago, I can't remember exactly, more or less two years ago, you were lied to or your person in charge of Homicide was lied to or your person in charge of Internal Affairs was charged to in a case -- and I'm not going to mention because the case is still in litigation or the case is still being investigated, OK. If you want, the Manager, you and I can meet in my office at noon and we'll discuss it, and the City Attorney, and we'll discuss it. OK. What the Chairman just mentioned in the years where we have the most corrupt department or the most corrupted people inside the department -- not the most corrupt department, the most corrupted people inside the department, where we were having all the shootings, where they were planting guns, they were planting drugs, they were doing the whole nine yards, OK, and I want to bring it up because the Chairman did bring it up. The person that denounced that, the person that denounced that, was not merited. He was condemned. And it was not you. It was the prior administration. And that is -- those are the types of things that we cannot allow to continue to happen in this department. Because it takes a lot of courage -- let me tell you, it takes a lot of courage for a person to stand out and say, "This is wrong. What we're doing here is wrong, and it should not be allowed and I'm going to denounce it." It takes a lot of courage. And I'm going to end up with that. And I'm ready to move the -- Chairman Regalado: OK. Commissioner Gonzalez: --The Item CA -9. Chairman Regalado: We have a motion, second. Do you wish to speak on the item that we're discussing right now, C-9? Robert Young: Yes, Commissioner. My name is Robert young, 3576 Charles Avenue, Coconut Grove, Florida. I'm one of the legal team -- a member of the legal team representing the plaintiff. Her name is Rhoda, not Rhonda, Wiltshire. And the reason why this -- the figures are involved -- it's not -- the nine hundred and twenty-five thousand dollar figure comes up to -- what the structured settlement that we entered into comes up to one point two two million. It's only nine hundred and twenty-five thousand dollars. We didn't get what we wanted. The City's -- nobody got what they wanted. That's why it's a settlement. And that's where the figures come from in this particular manner. The only other point is that we -- I've had this case for seven years now. It's been a struggle, but we finally got it done. And I -- I'm not here to pass judgment on the Police Department. However, I do think that the Police Department has a problem, and I think they're going about addressing it. And -- I'll just leave it at that. I won't comment anymore -- Unidentified Speaker: (UNINTELLIGIBLE) problem? 26 May 9, 2002 Mr. Young: The problem is one of perception. I'm dressed like this. I'm an attorney. However, when I have on my jeans -- I'm with the University of Miami. I have on my jeans, I'm walking out and about. I live in Coconut Grove, in the black area of Coconut Grove, and when they see me sometimes, who am I? I'm not an attorney. I'm a black man who's walking around with maybe a can in my hand that looks like it might be a beer, but it's a soda. I get stopped, you know, but I'm still an attorney. I don't look like one, but I got my degree. I know how to file suit. I know how to bring a case to court. I know how to win a case, and that's perception. It's that one of perception, that I look like the criminal element. Chairman Regalado: Well, if there's any comfort, I was wearing a suit when they didn't let me in at the MRC (Miami Riverside Center) building. Mr. Young: I know. But other than that, that's where we are in this case. And I'd like to thank Mr. Ferdy, who's been very cooperative here, and the rest of the City Commission. Chairman Regalado: Thank you. Commissioner Teele: Before you leave, may I, Mr. Chairman? Are you satisfied that -- well, let me ask you this. Once this matter is resolved, would you be willing to appear before maybe the Civilian Independent Panel -- if they wanted to hear from you, and we can't ask them to do anything -- and give them your perspectives on how we can work together to make our Police Department more effective? I think part of the challenge that we've got is, we need people, not just to throw -- not just to criticize our department. A lot of the people that have the problems are not educated enough or exposed enough or, unfortunately, maybe even connected enough to be able to come in and take the time and give a thoughtful and clear presentation. Would you be willing to come back as a community service and give your honest observations before another panel or before somebody at the appropriate time? Mr. Young: Assuming that's not going to take too much time, yes. But, you know, I'm kind of busy. But assuming, yes, I would do that. Chairman Regalado: Commissioner, can I suggest that instead of before the CIP, that he could come before the Nominating Committee, because that way, the nominating members will understand what they're looking for in terms of the candidates to become members of the panel? And I think it will be nice for them to know the perspective of one person that many, you know, members of -- the potential members of the panel will be focusing on this issue of perception. Maybe it's not everything about legally, you know, what they should do, but also about perception. So that is -- Commissioner Teele: I'm not -- may I inquire? Where did you do your undergraduate study? Mr. Robert: University of Miami. Commissioner Teele: And your law school? Mr. Young: Southern University, Baton Rouge, Louisiana. Commissioner Teele: I'm not a Moore House graduate, but Dr. Benjamin Mays, who, for years, was the president, probably one of the most prominent scholars of our time, used to always say, "Service is the price you pay for the space that you occupy." He also said, "To whom -- Mr. Young: Much is given, much is required. 27 May 9, 2002 Commissioner Teele: -- much God has given, -- Mr. Young: Much is required. Commissioner Teele: -- much is required." I'm very pleased that you're here before us, and I'm pleased that you've represented your client so well. But I'm really troubled by your very brief comment that "as long as it doesn't take too much time." Mr. Young: I'll be honest with you -- Commissioner Teele: And I just want you to hear me out. Because you are truly blessed and you have the unique opportunity to give insight on behalf of hundreds of people who can't speak with the clarity and the purpose that you can. And I would just ask you, respectfully, to consider making more and more time available over the next year to help us help our community together. Mr. Young: I understand, Commissioner. Remember where I live. I lived in the black section of Coconut Grove. Commissioner Teele: I understand. Mr. Young: I've got more cases than I can handle. I turn away more cases than I take, because every -- I grew up there. Frankie Rolle was here. Everybody knows me. I know them. And they're all at my door telling me about this is what happened to me; check this out; look at this paper. You know, it's one of those kind of -- but I'll do what I can. Commissioner Teele: Please. Thank you very much. And thank you for being here. Chairman Regalado: Thank you. We have a motion and a second on CA meeting, all in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-518 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFF, RHODA, WILTSHIRE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DERRICK WILTSHIRE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $925,000 (THE "SETTLEMENT") TO BE PAID AS FOLLOWS: $425,000 PAYABLE TO PLAINTIFF, AND THE SUM OF $500,000 FOR THE CITY OF MIAMI TO PURCHASE A FIFTEEN YEAR ANNUITY, WITH PAYMENTS THEREON TO COMMENCE ONE YEAR LATER, PAYABLE TO PLAINTIFF, 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 ISRAEL GONZALEZ, WILLIAM HAMES, JESUS AGUERO, JOHN MERVOLIAN AND JORGE GARCIA, IN THE CASE OF RHODA WILTSHIRE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DERRICK WILTSHIRE VS. THE CITY OF MIAMI, ET AL., FILED IN THE UNITED STATES DISTRICT COURT, CASE NO. 99 -1958 -CIV -JORDAN, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS RELEASING THE 28 May 9, 2002 CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $925,000, FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Regalado: It passes. Commissioner Winton, we have -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Commissioner Winton, I don't get into anybody else's district business, but I will say this, for your benefit -- because the sunshine law doesn't allow me to say it, and I hope the Chief will hear some of this. I have had report after report, complaint after complaint about the lack of diversity in the Coconut Grove NET police unit in the past. Now, whether that has been addressed or resolved is your -- you know, is not my issue, but I'm really troubled -- because to hear this kind of testimony and having true diversity in our units throughout the community -- and I think there should be -- on the record, I think there should be Hispanic officers in Overtown, just like I think there should be African American officers in Allapattah or Little Havana. But obviously, we want our police to reflect the community to the extent that it's feasible and possible. But I'm really concerned when I hear the kinds of comments that are being made about people being stopped and the profiling and he didn't use that word. And I just don't want to let it pass without it going noted that I would like to get a report on the diversity over the last three or four years, you know, each year as relates to diversity for the Coconut Grove NET Office, particularly in West Grove, please. Chief Martinez: Well, Commissioner, I can tell you -- I don't have the exact number, but there are African-American officers that work on the problem solving team and are assigned to Coconut Grove. But I'll get you the specific numbers. Commissioner Teele: No, no, I don't want the problem -solving team, per se -- Chief Martinez: Both. Commissioner Teele: -- yeah, both. But I want the NET because problem solving teams move around. 29 May 9, 2002 Chief Martinez: No, sir. The problem solving team is specifically assigned to the West Grove, period. They don't go anywhere else. The other guys may go some place, but those guys, specifically are assigned only to the West Grove. Commissioner Teele: Well, why is it Overtown was going to get the problem solving team and it was announced in the press and then that team went to West Grove? You'll recall in 19 -- in January of 1997, there was an announcement about the Overtown getting -- that's another issue. But I don't want to confuse a unit that is rotating from a unit that is the NET -- I'm talking now about the NET permanent staff that is under the lieutenant. You call that problem solving? Chief Martinez: Sir, part of the NET is, there are regular patrol officers and the problem solving team. West Grove has one. Overtown has one. Allapattah has one. Commissioner Teele: Yeah. But Overtown just got one. Chief Martinez: No, sir. Overtown has had one for -- what probably you're talking about is, when they first started the problem solving team concept, maybe Overtown was supposed to get it before the West Grove and then, at the time, a decision was made due to the West Grove before Overtown. Overtown has had one now for about two and a half years, three years, roughly. Commissioner Teele: Yeah, but I thought those were rotating. Chief Martinez: No, sir. Commissioner Teele: I'm glad to know that. Chief Martinez: No, sir. Commissioner Gonzalez: Going to the problem solving team, OK. I need to congratulate on record the work that the problem solving team is doing in Allapattah. Even though, even though they've been crying for resources, simple resources to do their job. They've been asking for too old pieces of junk that have a motor, and that have an air conditioning so they can do their job on an unmarked car and they haven't been able to obtain that. I hope, Mr. Manager, since I can't tell the Police Chief what to do, according to City Charter, Mr. Manager, I want to make sure that my problem solving team in the Allapattah area get two automobiles so they can do their job. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. Vice Chairman Winton: Well, I'm going to take exception to that because I've worked with lots of rank and file people in other corporations, in other organizations, and in this City of Miami, and I, like you, I work with the police officers in my district very closely and spend a lot of time with them. And I can tell you that when you're on the line, you might have a different perspective that may or may not be right about the resources that you're given. And, so I think it's terribly dangerous for us, from a policy standpoint, to sit here and demand that the Manager instantly -- because I talked to a police officer on the beat, who thinks he ought to have a Honda instead of a blah, blah, blah -- that I come and make the decision that the Manager needs to deliver that because -- Commissioner Gonzalez: Johnny? 30 May 9, 2002 Vice Chairman Winton: -- --there mayor may not be appropriate justifications. Commissioner Gonzalez: Johnny, when I'm -- believe me, when I'm requesting something, I know for a fact that it's something that can be delivered. Mr. Manager, do you have an idea of how many confiscated cars that we have sitting on the expressway at our disposal? Mr. Gimenez: I don't have an idea. I could tell you -- Commissioner Teele: I could tell you. Commissioner Gonzalez: How many we have, two, four, 10? Do we have 10 cars? Mr. Gimenez: Well, the -- I mean, I'll ask the Police Department how many confiscated cars we have. Chief Martinez: I mean, as we're awarded -- as they're awarded, sometimes it takes two years, three years, five years before the court gives it to us. That's at the point that it becomes a confiscated car. Before that, unfortunately, we can't use it. It's got to sit there. Sometimes they rot and the engine, you know, melts or whatever happens to the car. But the cars sitting there are not for our use, are awaiting the final judgment saying, "City, now use the car." Once they do that, we either give it to GSA (General Services Administration) and they auction it off or we make a determination through GSA, is this a car that you can maintain and keep so we can add it to our Police Department? So, it's basically -- you know, if it's a foreign car, whatever, they don't fix those type of cars. If the car is too old and decrepit, they're going to say, we don't want to keep it because it takes too much to maintain it. That is GSA recommendation when we say, we want to keep this car. Now, the car is ready for us to keep. They say it's worth it or not worth it for us to keep. Commissioner Gonzalez: But, Mr. Manager, wasn't I told that we had cars that could be given to these GSA -- this problem solving team? Mr. Gimenez: Well, I know from experience that, when I was the Fire Chief, that we did pick up confiscated cars for use by the Fire Department and that the Police Department has confiscated cars -- Commissioner Gonzalez: OK. Mr. Gimenez: --in all types of conditions, and we went over there and we picked out the better cars, because it didn't cost the City anything to purchase them, but they were maintainable. If you're saying, you know, some police officers or problem solving team is requesting that they get just old junkers, just with some air conditioning, I've asked the Police Chief to look into it, find out who it is, I'm sure that we can, through the confiscation program, find a couple of clunkers that, if all they want to do is sit in them with an air conditioner in them, that's fine. And if that works for them. If that's something that will make sense for them and the Police Chief agrees, then, you know, let's go ahead and give it to them. Vice Chairman Winton: Commissioner Gonzalez, what -- and I'm not challenging your knowledge, because you probably are more knowledgeable about your street than any of us up here. I mean, I'm really impressed by that. But there's a minor difference here. I think I would be more comfortable if you were asking the City Manager to look into that request so that he could make a determination as to whether or not there was a real need for a junker or a new car or whatever the thing is. Commissioner Gonzalez: I have done that, Commissioner Winton. I have asked the Manager to look into that a couple of times, and the extent of the problem is -- the extent of the problem is this. 31 May 9, 2002 Vice Chairman Winton: Make them come back with a report -- Commissioner Gonzalez: We have a problem solving team doing surveillance on a patrol car. So, that -- Vice Chairman Winton: Marked? Commissioner Gonzalez: -- is the end of my argument. If you believe that we should be doing a surveillance on a patrol car, that's fine. I'm not a police officer. Never been a police officer. Commissioner Teele: I think we're in an area we really shouldn't be in right now. Commissioner Gonzalez: I don't have any experience in that, so -- can I -- Commissioner Teele: I think there are a hundred reasons that a police officer should be doing surveillance of a police officer, just like police officers should do surveillance with the supervision of the State Attorney or the U.S. Attorney of elected officials, under appropriate circumstances. But I think that is the kind of thing that we really should not get into, because somehow, inadvertently, my dear friend -- Vice Chairman Winton: He said from a police car. Mr. Gimenez: From a police car. Commissioner Teele: Oh. I thought you said of -- Mr. Gimenez: No, no. (INAUDIBLE COMMENTS) Vice Chairman Winton: No, no. Chairman Regalado: He said -- Vice Chairman Winton: He said from a marked police car, not of. He said from a police car. Commissioner Gonzalez: No, no, no, no, no. Commissioner Teele: I didn't want anybody to accuse you of interfering with an investigation. But I'm in agreement with -- and Angel, it's more semantics than substance, but it gets substance when you say what you said. I'll go a step further in what you said. I know that what you're saying is right, and I know also that they don't even have to do that. They could go to one of these police approved empowerment lots and the guy there, any of those eighth or 10 guys would be happy to sell you a car for a hundred dollars off the lot as a miscellaneous purchase item. I mean, what we're dealing with, Johnny -- and I have not had one hour sleep, because after that workshop yesterday, and the more I thought about it, the angrier I became at the way this management process is working its way out. And I'm not sure where to be -- to direct my energy. But I'm going to think about this for the next two weeks. But I'm going to tell you something, you made a very important point yesterday in the workshop, that we're all just dribbling out now, reacting to the tip of the iceberg. You know, they say that the iceberg only shows, what is it, 10 percent of the ice or some small -- there's a lot more beneath. You know, when is the last time -- and, Tomas, you need to hear this -- you said something in this debate that I totally disagree with what you were saying at the time you said it, and I still disagree, about the training facility. But you said, until this Police Department changes the way they do business, you're not going to support and dah, dah, dah, dah, 32 May 9, 2002 dah. I heard your predecessor say it. I hear ad nauseam my colleague to my right saying it. I'm hearing Commissioner Gonzalez say it more and more, or expressing concerns. And you know what? We're the problem here. We are the problem, not the Manager, not the Chief, but us. How many times have we had one hearing since you've been here, Johnny? And that's two years, right? Vice Chairman Winton: Two and a half years. Commissioner Teele: Two and a half. How many hearings have we had with the Police Department to say, let's sit down and let's clear a half a day? Let's clear three hours and let's go over police operations. How many -- we've gone through -- and this is how we get fed and this is why, Mr. Chairman, the agenda coordination must and will one day be under the Chairman of the Commission, because I'm going to tell you something. They feed us crumbs while the stake is back in the back, OK, in terms of the way our agenda process works. The Police Department represents the largest single budget of the City. Probably -- what is it, 40 percent of the whole City budget? Chief Martinez: We're about 88, eighty-nine million dollars. I don't know the -- Commissioner Teele: Fully loaded, you're a hundred and forty, sir. Chief Martinez: I'm (INAUDIBLE). Commissioner Teele: Fully loaded, your budget is a hundred and forty million dollars. Fully loaded. Where's the Budget Director? Mr. Gimenez: They're about 40 percent, you're right. Commissioner Teele: They're forty percent. Fire and Police represents 60 percent or more. Mr. Gimenez: Yes, sir. Commissioner Teele: OK. And you know what, we've gone through -- Vice Chairman Winton: Well, those are new numbers. That's interesting. I -- because this is on your point. I have heard, since I've been here, that -- and maybe I'm just talking about salaries and that may be where I'm confused, but at least personnel costs -- and maybe that's what it was. So, I might -- I'll apologize here. Personnel costs represent 50 and 25, which is 75 for the two of them, instead of total loaded costs. Is that the difference I'm understanding here? Commissioner Teele: Total loaded costs -- and see, what you've got are these interf ind transfers. You take the GSA budget. The GSA budget is probably 40 percent Police. Mr. Gimenez: Yes. Yeah, because most of the stuff that they do and work on are police cars. Most of the cars belong to the Police Department. Commissioner Teele: So, you start going through department by department and adding up what the Police actually represent in charge of this budget, you know, it's a whole different picture. The number's a hundred and forty million dollars fully loaded, if you allocate the Police budget to the City. And what's the total City budget, Mr. Budget Director? I saw him hiding. Mr. Gimenez: Operations, probably about 320, 340, something around there. 33 May 9, 2002 Commissioner Teele: So, you see, that's over 40 percent. But this is the point, Johnny, not those numbers. We haven't done our job. We've never sat down and asked the Police Department to come in and give us the benefit, preferably at a workshop, preferably at a workshop, but certainly as an annual kind of activity. We should have a full operational discussion and we should block three hours to discuss the Police Department. And we should discuss -- because it's 40 percent of our budget. We've gone through ITD (Information Technology Department), technology -- what's the technology office, ITD? Mr. Gimenez: Yeah. Commissioner Teele: We've gone through them ad nauseam. You know, we were even down here approving service the other day for them, you know. You know, that's a routine expenditure. But we've gone through everything in ITD, technology. We've gone through everything in Parks and through the various things. But the Police and the Fire, which is 60 percent of the City's budget, we've never -- in four years that I've been here, there has never been an operational detail review. We've had some 20 - minute dog and pony shows, OK? But nobody's ever said -- there are 13 NET offices and this is the first briefing that we're going to have on NET offices. Allapattah. And go through the "A to Z" of Allapattah. And we're responding to the problems that we, as Commissioners -- and what you're hearing is frustration. What Commissioner Gonzalez should do right now, so I can second the motion, is move that the Chief be instructed to present, by five o'clock today, a written report on where those surveillance cars are or the cars that he's talking about, why they've been in the pipeline and give us documents of the requests and dah, dah, dah, dah, dah, dah, because what it's going to show is, obviously, there is an operational problem in the Police Department, and you don't have to be an operations expert to figure this much out. If they can't find two beat up cars -- and I can tell you right now. I was in Overtown once where they waited for at least an hour and a half for the prostitute sting cars to arrive. I attribute that to the wrecker company being slow, delivering them. This was four months ago, six months ago. But there are some operational problems in this area. Commissioner Gonzalez: So move the motion. Commissioner Teele: Second the motion. Chairman Regalado: OK. All -- there is a motion and a second, instructing the Manager to request that the Chief of Police have a written report on the surveillance cars by -- before 5 p.m. this afternoon, for all members -- Commissioner Teele: With back up, and the request -- and the original request and all the paperwork that's in the system. Chairman Regalado: All members of the Commission, the City Attorney and, of course, the public, if they so want. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 02-519 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE POLICE CHIEF TO PRESENT A WRITTEN REPORT, BY 5:00 PM TODAY, ON WHERE SURVEILLANCE CARS ARE AND WHY THEY HAVE BEEN IN THE PIPELINE; 34 May 9, 2002 FURTHER DIRECTING THAT THE REPORT INCLUDE COPIES OF THE ORIGINAL REQUESTS AND RELATED BACKUP DOCUMENTS. 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. Vice Chairman Winton: Mr. Chairman -- Chairman Regalado: If you all want to decide on a day, May or June, for a workshop to be held here -- Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I am not supportive of this idea, at all. Chairman Regalado: OK. Commissioner Teele: Johnny -- Vice Chairman Winton: And I'll tell you -- Chairman Regalado: The workshop. Vice Chairman Winton: The workshop. And I'll tell you why. Commissioner Teele: Well, let's don't debate it. Vice Chairman Winton: No. But it's important to understand it. You've heard me say what I'm about to say over and over again, and I'm about to turn the screws up here. I think there are -- and I think the Chief has said, so I'm not blaming him either -- there are challenges within our Police Department that we have to work through. We have, as a body, passed a resolution -- Mr. Manager, when did we first pass a resolution to hire a major consulting firm to do a top to bottom analysis review of our City Police Department? When did we pass that resolution? Mr. Gimenez: The original one? Vice Chairman Winton: Yeah. Mr. Gimenez: I mean, the original one's before my time. Vice Chairman Winton: Well -- 35 May 9, 2002 Mr. Gimenez: So, be -- in my time, you asked for it some time last year. There was an RFP (Request for Proposal) developed -- Vice Chairman Winton: And I brought forward -- Commissioner Teele, I -- Commissioner Teele, I brought that resolution up, probably -- you know, I've been here two and a half years. So, it's probably -- maybe two years -- between 18 months and 24 months ago, and we still don't have it. When you get that study done, Commissioner Teele, then we have an independent foundation under which we can have a lot of dialogue with the Police Department about the kinds of things that all of us are frustrated about. These guys are on the job 24 hours a day, 7 days a week, 365 days a year, and I can tell you, without question, many times, in those situations, you can't see the forest for the trees because you're in the middle of it. You've been in the middle of it forever. It's like a building remodeling job or maintaining the building. I've been in the building for four years now. I don't see that little crack developing, because it started developing slowly. I bring in a new face that is trained to look at those kinds of things and the first thing he does when he walks in the building, he says, "Damn, you've got a crack developing in your lobby floor." "Oh, jeez, I didn't see that." Same thing goes on here. We need that independent voice view analysis from experts that are going to identify all of the problem areas and challenges that we have in the Police Department, and make a series of recommendations to us. When that job gets done, then we have something really to talk about. Without that done, we're going to have these workshops; they're going to already have their thoughts in mind already, the answer's already there, and what are we going to do? We're going to listen to the answers that are their answers. That may be right and may be wrong and we don't know the difference. And we're going to run in more circles, just like we've done for the past hour. We have done nothing but run in a circle here. We haven't directed anything. We haven't done anything except voice frustration, and we're going to continue to voice frustration. We're going to focus on the little pieces of the problem, like a car here or a car there or this guy's got a problem. We're going to focus on all these little issues, when the little issues aren't the issue. The real issue is the big issue and we don't know what it is, and we're not going to know what it is until we get an outside independent expert that comes in, does their job, can see the little cracks forming, can see the big cracks that we're all missing, and talk to the Police Department and to us simultaneously. Then we'll have something to talk about. Commissioner Gonzalez: Johnny -- Mr. Chairman, I happen to disagree with you when you say that we have been going in circles for whatever time we have been going in circles and nothing has been accomplished. I believe that this type of discussion is very healthy, and you know why? Because, yes, we have achieved something today. We have brought out to light certain problems that are out there, that at least I'm aware of, and I don't know if the rest of the Commission is aware of, and I believe that it is our responsibility to bring it up to the table and to put it out to light and let the people know -- at least let the voters out there know that we are aware that what is happening, OK? Vice Chairman Winton: But, Commissioner, that's not my point. I agree. Commissioner Gonzalez: No, no. You're saying we're going in circles. We're not doing anything. Yes, we are. Vice Chairman Winton: Because tomorrow there's three more of those same types of issues and we've solved nothing. Commissioner Gonzalez: And it is our responsibility to bring them up and find solutions to it. Vice Chairman Winton: But that doesn't solve the fundamental problem. 36 May 9, 2002 Commissioner Gonzalez: You're saying that they work 24 hours a day, 7 days a week, 365 days a year. We, too, Johnny. We, too. Commissioner Teele: Commissioner Winton. Commissioner Gonzalez: At least -- let me tell you. At least, they make very, very, very good salaries. We make forty-seven dollars ($47) a week, OK? And we also work 7 days a week, 24 hours a day, and 365 days a year. Commissioner Teele: Commissioner Winton. Chairman Regalado: Yes. Commissioner Teele. Commissioner Teele: Mr. Chairman, I know you have to leave in a minute. Chairman Regalado: Yes. Commissioner Teele: I would like to announce this. I will ask that the Agenda Coordinator place on my blue pages, for the meeting of the 23rd, a resolution of the Commission asking for a workshop to be held, prior to the August recess of the Police Department, setting aside not less than two hours or more than four hours for the workshop. Now, what I'm asking the Police Department to do now is to provide me with any advice, through the Manager's office, on how the workshop could be organized in such a way that we have heard from Commissioner Winton so that Commissioner Winton could support it, keeping in mind all of his concerns and the other concerns. Commissioner Winton, I think it's very important that we not get caught up in, first of all, the outside consultant. There is very little that an outside consultant can come in here and identify that the City of Miami Police Department, properly instructed and properly directed, cannot identify from within, OK. And I will also -- Vice Chairman Winton: I couldn't disagree with that statement more. I think you're one hundred percent wrong. Commissioner Teele: OK. And I respect -- Vice Chairman Winton: And I've seen it all over the country. Everywhere I've been, it's wrong. Commissioner Teele: Well, then the next statement probably won't surprise you, because I want you to know and I want Commissioner Gonzalez and Commissioner San -- Commissioner Regalado to know, specifically, that I will probably wind up in the end defending many of the things that the City of Miami Police Department has done and what they're doing. What I'm suggesting -- what I'm suggesting, though, is first and foremost, there should be more transparency between the Commission, the Police Department and the public, if we're ever going to rebuild the confidence, OK. And we're not going to rebuild confidence by pushing things under the rug or letting some dialogue get formed in response to something Commissioner Gonzalez is saying, that anybody, any of those 7th graders that were in here would know before all of these Chiefs start making -- putting themselves in a position that they don't need to put themselves in, which is to defend the system, OK, that those two cars could be made available if, in fact, that is something management wants. And if there's a management reason why those cars shouldn't be available, it better be a damn good reason, but there may be a reason, and we need to hear that, too. But the fact of the matter is, Johnny, overriding all of this is, this is not about a witch-hunt. This City Commission, like every other major City Commission in the country, should be getting regular briefings, on the record, from the Police Department. And I would daresay, if you look at the agenda in Atlanta, New York City and any other major City, I would daresay, if the agenda coordinators were instructed to 37 May 9, 2002 do that, they will find that each of these major cities' Police Departments come in and do full briefings as a part of Commission meetings. And I'm requesting, through the Manager, that the agenda coordinator determine through the Agenda Coordinator's Office in New York City, Atlanta -- and I'm talking New York City because we're a City of 300,000. That's a City of what, eight million, 12 million? If they've got time to -- and they've got a police Commissioner. But if they've got time, as a Commission, as a board of estimates -- I think is what it's called up there -- to sit down and hear from police operations about percentages, not about Sergeant Jones got promoted to master sergeant and lieutenant so and so got -- you know, not that stuff. Trends, operational trends. What's going on in each of our 13 NET Offices? How many people we got that need to go out and lose weight? And how many people do we have that are on sick duty? And how many people that are behind the -- statistics. You know, somebody says there's this rumor going around that there's a whole bunch of cops -- police officers down at Communications that don't need to be. I don't know. Or technology. I'm sorry, technology -- that are out wiring computers. You know, I've got to tell you something. Unless this is a black box operation security issue, anybody knows that that's something that could be contracted out or some service -- we don't need to tie up uniformed police officers there. I don't know if it's true. I've heard it. But the fact of the matter is, coming up and discussing that will dispel all of that, and it will create a much better bond between the public and the Commission and the public and the Police Department. We've got problems. And I think we've come a long way in solving those problems. And I think Raul Martinez, as Chief, has probably done as good a job as anybody could do over the last year, given the circumstances. And I've said it before and I'll say it again: The reason that the City of Miami is in the position to move forward, as the leader of this community, has more to do with the Raul Martinez's performance and the conduct of the FOP (Fraternal Order of Police), or we could be in the worst quagmire going on, like it's going on in Dade County now, arguing about CIP, and arguing about this and arguing about -- we've resolved those issues. We're moving ahead. And I commend you again, Raul, for objecting but objecting in a professional way and not, you know, being bitter and doing -- I know you didn't like it. I know you still don't like it. But nobody could tell that by listening to your comments. Your comments were always intelligent and to the point. And we're saying that we've got to move another notch higher, as it relates to police operations and that's all that I think we're saying, Johnny. So, I don't want to vote on that issue today. I want everybody to think about it for two weeks and if you don't want to have a workshop, then fine. I mean, I'm not going to be upset about that. But I think a workshop would be helpful. Chairman Regalado: OK. Commissioners, before I leave, I have to -- just want to make a comment. We had a time certain, Johnny, for your item, the City of Miami's involvement with the South Florida Employment and Training Consortium. I don't know if you're ready to take that now. Mr. Gimenez: Commissioner -- Mr. Chairman, I pulled that item, Item 4. Chairman Regalado: OK. Then it's pulled. Then I see the gentleman from the Bond -- Commissioner Teele: They're here watching government in action. Chairman Regalado: OK. Because it's going to be taken at three -- around 3:30, after the executive session. Mr. Vice Chair, if you can chair the rest of the meeting. Johnny. Vice Chairman Winton: Sure. Note for the Record: Chairman Regalado left chambers at 11:52 a.m. Mr. Gimenez: Mr. Chairman -- Mr. Vice Chairman, if I could make some comments on Commissioner Teele's comments. I think we would welcome a workshop to look at the operations of the Police Department and the Fire Departments any time you want that, because I think there are a lot of 38 May 9, 2002 misconceptions. I know that I hold some and it's to all our best interest to put it all out on the table and say how come you do this, how come you do that? And for the most part, what I found out is, there are reasonable explanations why things are done, and I think we just need to have some clarification. And, also, when you have, you know, another set of eyes looking at the problem that there may be a different set of solutions to do that. So, at least the -- it's our biggest department -- our two biggest departments. We need to know how they operate, why they operate in certain way, and see if we can come up with better efficiencies or that, in fact, that what they're doing is, you know, about as efficient as can be. Commissioner Sanchez: Yeah., but sometimes we don't get that reasonable explanation. That's why, I think, that the workshop -- and it's not for us to dictate or run the Police Department, because I -- you know, the Police Department could run itself. And I know that you're prudent on that matter because the last thing that you want to do is have one Commissioner, you know, telling the Police Department what to do in their district. But I could tell you one thing. A lot of good positive things could come out of this workshop. For one, this Commission could be better informed of what the Police Department's doing. Some of the issues that were brought forth make a lot of sense. You know, I would like to know if you have officers that are doing job or duties that could be outsourced so they could be back out on the street. Vice Chairman Winton: Commissioner Sanchez, could I interrupt you there, because I think you just hit the nail on the head. And this is for all the Commissioners, Commissioner Teele, Commissioner Regalado. I think that, for this workshop, that it would be very valuable for the Police Department and very good for our time efficiency is, if we have issues, we have questions, specific questions, specific issues, small or big, if we could put them in writing, give them to them in advance so they don't have to be dealing with all these issues off the top of their head. Because we're not going to get appropriate answers or information if they're forced to respond at spur of the moment. So, if we can give them our own agenda, if you will, so that they could come prepared to talk about those issues, I think it could be pretty productive. Commissioner Sanchez: Well, Mr. Vice Chairman, I yield. I take the floor back. Just a perfect example. Has the City moved its Internal Affair from the main police? Major Joseph Longueira: Commissioner, we're working on that. We looked at some sites. The Chief wasn't happy. We went back and got some other sites. Commissioner Teele: The answer, and then give the clarification. Commissioner Sanchez: But that's the (INAUDIBLE) Commissioner Teele: Give the answer and then give the clarification. Commissioner Sanchez: No. Major Longueira: No, we haven't moved Internal Affairs yet, but we're working on it. Commissioner Sanchez: Well, this workshop -- Major Longueira: Yes. Commissioner Sanchez: This is good to have this workshop, because this issue -- this is -- if I'm not mistaken, six months since -- Major Longueira: We are working -- 39 May 9, 2002 Commissioner Sanchez: -- the CIP -- wait. Major Longueira: Yes. Commissioner Sanchez: -- since the CIP process started Major Longueira: Yes. Commissioner Sanchez: -- to get them. That was one of the recommendations made, to get the Internal Affairs Office out of the Police Department -- every other Police Department in this nation has almost done it -- where people aren't intimidated when they walk in through the police station to go see Internal Affairs, and the tactic is that usually they either run into the police officer or his partner or something. I mean, the perception is always there and that's something that you don't want to be related with. That's just one recommendation. It's taken you six months and you're still looking for a site. This workshop, this workshop that we will be meeting, this is something that will be on my top priority in that workshop. Vice Chairman Winton: Mr. Manager, one last point about this, and then we'll move on. Could you tell me when we will have the consultant on board that I've talked about for so long. Mr. Gimenez: Well, answer to the question, should be within 90 days and we'll give you an explanation -- Vice Chairman Winton: I don't need it, so within 90 days? Mr. Gimenez: Well, I want everybody to know because we haven't been dragging our feet on it. The RFP was issued. The selection committee met with the responses to those RFPs and decided that the -- none of the responses really would do the job. That was rejected. It's gone out again and, within 90 days, we're going to have that consultant. Vice Chairman Winton: Great. So, Madam Clerk, would you make sure that, at the meeting, roughly 90 days out, that we have some little marker in our agenda that just flags this issue, whether it's in -- on my blue page or something you want to put in there that just flags the issue, "consultant is to be brought forward." Commissioner Teele: I would like for the workshop to be in July. I think -- Commissioner Sanchez: Prior to August? Commissioner Teele: Prior to the August break. They ought to have time to think this thing through. This shouldn't (INAUDIBLE). Vice Chairman Winton: Yeah. And I was talking to her about the -- the Manager said he would have the consultants hired within 90 days, so I was just having her flag that. Mr. Gimenez: Commissioner, we've done these -- you know, I've asked for these operational, you know, reviews and to get myself acclimated, I think most of that work is already -- you already have it in the can, probably. So, it doesn't really have to wait until July. You could have this in June some time and I could do the same thing (INAUDIBLE) -- Vice Chairman Winton: Let me get my schedule. Jason, I need my calendar. It is 11:55. Y'all want to - - we'll get our calendars, get this date figured out for the workshop, and then adjourn for lunch? 40 May 9, 2002 Commissioner Sanchez: In July? Vice Chairman Winton: I'm -- Mr. Gimenez: Like I said, you don't have to set it for July. They have a lot of stuff that's already in the can, so -- because I've asked for this top to bottom review myself, so -- and they've given that to me. I think we can do the same and -- you have -- we have the questions that you want answered. I think, by June, they'll be ready to go. Commissioner Teele: I'd prefer to do it in July. Chief Martinez: Commissioner, we had done a similar presentation to the Mayor a couple weeks ago. We done it to the Manager twice. We showed all the numbers, all the statistics, and whatever concerns come up, concerns come up. And, Commissioner Sanchez, reference the Internal Affairs move, Asset Management has found two facilities for us. It's probably my fault. I had no idea of the costs to rent. We're talking -- the facility they have found is about a quarter million dollars a year to rent, and my question back to them is, is it a wise move to rent -- Commissioner Sanchez: Whoa, whoa, whoa, whoa, whoa. Chief Martinez: --versus purchase? Commissioner Sanchez: Why a quarter of a million dollars? Commissioner Gonzalez: A quarter of a million dollars to rent an office for Internal Affairs Unit only? Commissioner Sanchez: You're moving the whole department? Vice Chairman Winton: How many square feet? Chief Martinez: It's about eight thousand square feet. Vice Chairman Winton: How many? Mr. Gimenez: Eight thousand square feet. Commissioner Gonzalez: How many offices -- Commissioner Teele: Before everybody jumps on him, you know what? Why don't we give this Chief a break. Why don't you just withdraw this whole comment right now. Because you're getting ready to ask - - I mean, first of all, Johnny Winton happens to be one of the foremost -- I mean, he'd be happy for one dollar to give you free advice on -- Vice Chairman Winton: I'm scared to death. I mean, I thought I was giving him free space. Commissioner Teele: But you know what? The Dupont Plaza, which is where the CRA is now, which is where the City of Miami was for the better part of 15 years, where -- you know, look, that's right downtown. I mean, we just signed a lease. We can get -- what did we agree on? What was it, eight dollars? 41 May 9, 2002 Vice Chairman Winton: I mean, it was something -- it's a lot -- they -- Commissioner Teele: It's planning. Vice Chairman Winton: I don't know whether Asset Management -- if it's only eight thousand square feet, that's -- you can move into one of the nicest -- Mr. Gimenez: Thirty-one dollars. Vice Chairman Winton: -- buildings anywhere in this County, Class A -plus building, and pay less rent. Commissioner Teele: That's the Marriott, the J. W. Marriott. Commissioner Gonzalez: One hundred thousand dollars? Commissioner Teele: Johnny -- Vice Chairman Winton: That's exactly my point. Commissioner Teele: -- have you been to that Barkley's building, the J. W. Marriott? Vice Chairman Winton: Yeah. You could -- they could get in that building. Commissioner Teele: That must be where you're going to be, because that is the -- that has to be some of the finest space downtown. Vice Chairman Winton: Right. So, I mean, we can -- the building Commissioner Teele's talking about, I think they are probably 12 or 13 -- although they're rehabbing, so maybe they'll be 15 or 16 dollar rents. But it should be half this cost. So, anyhow, that's not the point. I guess we need to figure out the date we want to -- roughly the date. Commissioner Teele: I would prefer to have it right before the break. I think we've already said we're going to have some kind of workshop or something. Vice Chairman Winton: What break? Commissioner Teele: The August break. Vice Chairman Winton: What break? We haven't had an August break since I've been here. Commissioner Gonzalez: (INAUDIBLE) a break. Vice Chairman Winton: We'll figure out some reason why we can't have it. Commissioner Gonzalez: That's right. Commissioner Teele: Mr. Chairman, I would really prefer to have this in the month of July. I think we've said we're going to have a lot of CD (community development) hearings in June. We've set that up. I mean, if we start bringing in rehab people on CD, that alone could take two days. I mean, June or July, whatever is convenient for the management. But I think having the consultant on board just to sit in on this would be very helpful, too, to be very honest, to take Johnny's point of view. 42 May 9, 2002 Vice Chairman Winton: So do I. Commissioner Teele: Why don't we just let the Manager proffer to us, later on this evening or at the next meeting, a date and -- there's no reason we've got to set it right this minute. Commissioner Gonzalez: I happen to agree with you, Commissioner Teele. If we're going to be tied up with the CDBG (Community Development Block Grant) process in June, I believe that we better do it in July. Mr. Gimenez: Fair enough. Commissioner Teele: That's what we said previously. Vice Chairman Winton: So, Mr. Manager, you're going to try to bring something back to us? Mr. Gimenez: Some time in July, yes, sir. Vice Chairman Winton: Thank you. Commissioner Teele: Mr. Chairman -- Mr. Gimenez: Both departments, sir? Both departments? The both largest departments, Police and Fire? Commissioner Teele: I'd rather do Police in one month and maybe, in October, do Fire. Commissioner Gonzalez: I agree. Commissioner Teele: Huh? Commissioner Gonzalez: I agree with you. Mr. Giminez: Fair enough. Commissioner Gonzalez: We should concentrate on one department first and then go to the next one. Commissioner Teele: We'll learn better -- intelligent questions. Commissioner Gonzalez: That's right. 43 May 9, 2002 5. DIRECT CITY'S INTERNAL AUDITOR, IN CONJUNCTION WITH CITY ATTORNEY AND OTHER DEPARTMENTS AS DIRECTED BY Y MANAGER, TO REVIEW ALL AUTHORITIES AND RIGHTS RELATIVE TO BAYSIDE FOUNDATION AND PROVIDE COMMISSION WITH REPORT SHOWING HOW FOUNDATION SPENT ITS FUNDS. INSTRUCT MANAGER AND CITY ATTORNEY TO PROVIDE COMMISSION FULL WRITTEN REPORT ON CITY'S OBLIGATIONS AND COMMITMENTS RELATING TO BAYSIDE. REQUEST THAT MIAMI-DADE COUNTY THROUGH ITS AUDIT AND MANAGEMENT DIVISION, UNDERTAKE JOINT REVIEW OF MINORITY BUSINESS COMPONENTS OF BAYSIDE AGREEMENT. INSTRUCT MANAGER TO SCHEDULE PUBLIC HEARING FOR COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002, AND INVITE BAYSIDE MANAGEMENT COMPANY TO BE PRESENT IN ORDER THAT THEY MAY COMMENT AND DISCUSS BAYSIDE OPERATIONS AND HOW CITY CAN PROVIDE BETTER ASSISTANCE. Commissioner Teele: Mr. Chairman, I would like to set a date -- you've got the people here. They were supposed to have been here -- come on down. They were supposed to have been here -- this is a Bayside issue. There was a -- Mr. Attorney was supposed to have negotiated or tried to at least involve the City to see what could happen. There were no meetings. Would you just like to say your name and address for the record and give us a brief statement as to where you are now? Panzegna Wood: Right. My name is Panzegna Wood. I live at 13364 Southwest 108`" Street Circle, in Miami, Florida. Commissioner Teele: And Ms. Brenda. Brenda Rivers. I'm Brenda Rivers. I live at 3627 South Douglas Road, Coconut Grove. Trovel Williams: I'm Trovel Williams. I live at 20080 Northwest 2"d Street. It's in Pembroke Pines. Ms. Wood: We're three of the four that are left out of the 24. Commissioner Teele: Out of what, ma'am? Ms. Wood: Twenty-four tenants, black tenants that were originally signed up. We're three of the original... Commissioner Teele: We're talking now about just the record. We've got -- nobody knows what's in your mind. We're talking about Bayside Marketplace tenants who were here two weeks ago and about to be evicted. And did Bayside go forward and did they get an order? Ms. Wood: Yes, yes. Yes, they get an order against Miami Destination because they refused to meet with you before the hearing. Alejandro Vilarello (City Attorney): Mr. Chairman? I personally have met with Ms. Wood, with her counselor, and with their -- Rouse Company's attorneys. They did agree -- they did not agree to forego receiving the final judgment of eviction, but they agreed that they would not execute on that final judgment. We have had three meetings. I've met with Ms. Wood and her lawyer, and we have another 44 May 9, 2002 meeting scheduled next Tuesday to try to mediate the process. This City Commission instructed me to attempt to intervene and mediate a solution to this problem, and I'm surprised to say Ms. Wood says we haven't met. Commissioner Teele: No. She said you did meet. Ms. Wood: No, no, no. No. She -- oh, yeah. No. Mr. Vilarello: Oh, I'm sorry. Commissioner Winton: She did. Mr. Vilarello: OK. Commissioner Winton: She said... Ms. Wood: I told him that we met, sir. Mr. Vilarello: Because we've been working hard to try to mediate a solution that balances Rouse's rights, and Ms. Wood's rights to stay there and continue on in her business. Now, we have not directly addressed the issue of the initial introduction of approximately 24 African American businesses and 24 Hispanic businesses, and I believe there was a percentage of that that was women owned businesses, when the Rouse Company first came into Bayside. The statistics, I have not had an opportunity to question those numbers. I believe Ms. Wood's number is correct. Commissioner Winton: In the original documents that created the opportunity for minority vendors, are you reviewing those documents to see whether or not that requirement stays with the document or was that just a... Mr. Vilarello: Commissioner, over the period of years, the status of the law has changed in this country, where there is a prohibition against using race ethnicity, gender, in any formulation of any decisions we make. Nevertheless, the agreement does provide for the Rouse Company to fund a foundation. That foundation is designed to assist small businesses in continuing at that location, and that's one of the items that we were trying to address as well, how that foundation could assist Ms. Wood in her attempt to come current. Ms. Wood: And the other tenants as well. Commissioner Winton: I'm sorry? Ms. Rivers: I'd just like to say that the Minority Foundation has done nothing for the minority, in 15 years, for the businesses at Bayside. We've met with them individually and as a group and they have just said that's not their role to help us. They do what they want to do with their money. And that's why I'm here. I'm in negotiations to renew with my lease at Bayside. I've been there 15 years and it's just a real toil to work with the current general manager. It's like meeting after meeting and the deal is bad and it's never going to work. Meeting, meeting, meeting, meeting, and same thing happens with Bayside Foundation. They will meet with you and they won't do anything. They haven't done anything for 15 years, and I think some accountability needs to be done on that. Commissioner Winton: And, Mr. City Attorney -- and I think that -- the last comment is absolutely right. I think we need to review -- thoroughly review the documents and determine what's -- because it's City 45 May 9, 2002 owned land. So, it is -- this is not just a private venture. It's City owned land and we need to carefully review the original documents that put this whole thing together and determine what rights we have to enforce the commitments that they made back 15 years ago or whenever the... Ms. Wood: Sixteen almost. And may I also add... Mr. Vilarello: With regard -- in particular, with regard to the Foundation. Commissioner Winton: Absolutely. Mr. Vilarello: The Foundation was designed to assist. Commissioner Winton: Particularly with regard to the Foundation. Mr. Vilarello: And if it is not accomplishing those... Commissioner Winton: That's exactly right. Particularly with regard to the Foundation. Ms. Wood: Sitting with over a million dollars in it and won't assist any... Commissioner Winton: I'm sorry. I didn't hear you. Ms. Wood: Sitting with over a million dollars in it and won't assist anybody with it. The other issue you should check on, Commissioner, is the Charter that was passed also. Bayside have the tendency to say that they haven't met their obligations as far as minorities and women -owned businesses and black -owned businesses are concerned. But the City had also passed a Charter. I am not familiar with it. I am trying to get a copy of it from the City Clerk. Commissioner Teele: It's probably the Carollo amendment that -- when they did the Bayside thing, was there a Charter amendment? Ms. Wood: Yes, to my understanding. Commissioner Teele: Was there a referendum? Mr. Vilarello: No, there was no referendum on Bayside. It complied with the UDP (Urban Development Project) process, and no -- Commissioner Teele: Mr. Chairman? Commissioner Winton: Yes. Commissioner Teele: I would like to make a series of three motions for the consideration. First and foremost, we need to understand that we appoint the majority, I believe, of the Foundation members. At least in the past I have had -- I think Mr. Packingham -- I recall appointing Mr. Ralph Packingham as my representative or maybe he was a representative of the City, but... Commissioner Winton: I've never appointed anyone. Commissioner Teele: I think -- and I think that's the point. I would like to move that the Internal Auditor of the City review all of the authorities and rights, in conjunction with the City Attorney and whoever 46 May 9, 2002 other departments that the Manager directs, and to provide us a report within 30 days regarding the Bayside Foundation; how they spent their money; how they used their money. I realize, in making this motion, that that office is overwhelmed, is over-worked and has some challenges in terms of not wanting any more responsibilities, but I think this is important and we need to look at that, because the Foundation was created by action of this Commission as a part of the whole Bayside development, which was an initiative, I think, of a previous Mayor and a previous Manager, who ultimately fell out over the project. So, I would so move that the Internal Auditor give us our report in 30 days. Commissioner Gonzalez: Second. Vice Chairman Gort: We have a motion and a second. Further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-520 A MOTION DIRECTING THE INTERNAL AUDITOR OF THE CITY OF MIAMI, IN CONJUNCTION WITH THE CITY ATTORNEY AND OTHER DEPARTMENTS AS DIRECTED BY THE CITY MANAGER, TO REVIEW ALL OF THE AUTHORITIES AND RIGHTS RELATIVE TO THE BAYSIDE FOUNDATION; AND FURTHER TO PROVIDE THE COMMISSION WITH A REPORT, WITHIN 30 DAYS, SHOWING HOW THE FOUNDATION SPENT ITS FUNDS. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Winton: Next. Commissioner Teele: Secondly, I would ask that the Manager and the Attorney, jointly, file with us, within 30 days, a written report on all of our obligations and commitments relating to Bayside and the status of them, including the issues related to the original and current minority vendors. But I'm more interested in dollars flowing in, dollars flowing out, police assigned or not assigned, partnership and equity reversionary rights. All of those things that are there in that document that have not been reviewed by anybody, probably from a policy point of view, in the last 12 years. And, so, I would ask that that report be done for the June 13th meeting, so that we have at least three or four days before, including specifically the revenue issues and annual -- I'm very interested in looking at an annual revenue based on sales and dollars to the City, because I think Bayside will be a lesson learned on all of these 47 May 9, 2002 pronouncements that everybody got about how fast development dollars come on-line and how fast development streams come on-line, and I think we're all going to learn that this thing came on-line in a revenue stream much slower than any of us believe. In other words, we were getting a percentage of sales or percentage of something after certain things happened, and I'd just like to see what those numbers were from the beginning to now, the obligations. We committed a bunch of police -- and where's the Chief? Because I tell you, this came up in the union meeting. This came up in the union discussions. And I'm going to break the Code, Chief, right here, right now, while Tomas isn't here. When Bayside was being put on-line, the City bent over backwards, like we should have done and like we should do for any new developer coming in, to help them get started. We committed "X" number of police at our cost to Bayside. To my knowledge, we still have "X" number of police at our cost committed to Bayside. Is that -- did we commit police to Bayside? Raul Martinez (Chief of Police): Commissioner, obviously, you're going back to the 80s for commitments that were here. But -- I mean... Commissioner Teele: No, no, no. I'm -- we're talking about the beginning. I don't know if you were -- that's what -- this is about the beginning. Mr. Martinez: Yes. No. And there were commitments of policing and commitments of security guard by the company, and I'm not sure if both sides were ever accomplished. We promised "X" in some sort of state regional impact study. They said we're going to provide "X" number of security guards on top of that. We did put additional officers on Bayside. We still have some officers in Bayside now, probably not the same numbers that were there when Bayside first opened 10, 15 years ago. Commissioner Teele: Chief, I want to ask you a straight question. Do we have police officers at Bayside now that, if they were not at Bayside -- if they were doing the same thing, that they would be charged as extra duty or be paid by the business, just like we're talking about on 11th Street today? Do we have police officers assigned to Bayside that otherwise could be conceived or deemed as extra duty police? Mr. Martinez: Yes, we have officers assigned on duty, on the City payroll, to Bayside. Commissioner Teele: And does that amount approach about a million dollars a year? Because in the union negotiations, one of the things that was made very clear -- and they said they would provide us the data, if requested -- the number of police that we're paying for, with general funds, that otherwise should be paid for by a private provider. And I'm not asking you the answer right now. I'm just asking you, as a part of that report that we're asking for in 30 days, that we vet this number and we flush it out very, very clearly. Because, you see, what is happening, folks, is Bayside has been getting a huge ride and ain't no question -- there is no question in my mind that the City has been underwriting at certain levels of police activity that could be considered in a different light, as a reimbursed kind of service. But I think the fact is that we need to get the facts; we need to confer with the union. I'm specifically asking, Mr. Manager -- Mr. Manager, I'm specifically asking that the union be afforded the opportunity to review those numbers in the context of labor management. You know -- Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: -- clarity that we say we have -- we're not going with their numbers now. We're going with our numbers, but I don't want to have three -sided arguments on this thing because I know for a fact that we need to look at this more closely. So, my motion is simply that the Manager and the Attorney be instructed to provide, by the June 13th meeting, a full report on the financial, operational, security, including specifically the revenue streams to the City, as well as all costs from the City, all costs, all fully 48 May 9, 2002 allocated costs that the City is paying, whether imbursed (sic), reimbursed or not reimbursed to Bayside as a part of this exercise by that date. I would so move. Commissioner Gonzalez: Second. Commissioner Winton: We have a motion and a second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): "Aye." Commissioner Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-521 A MOTION INSTRUCTING THE CITY MANAGER AND THE CITY ATTORNEY TO PROVIDE THE COMMISSION, PRIOR TO THE MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002, A FULL, WRITTEN REPORT ON ALL OF THE CITY'S OBLIGATIONS AND COMMITMENTS RELATING TO BAYSIDE; FURTHER DIRECTING THAT THE REPORT INCLUDE THE STATUS OF THOSE OBLIGATIONS AND COMMITMENTS INCLUDING: 1. ISSUES RELATING TO THE ORIGINAL AND CURRENT MINORITY VENDORS; 2. ANNUAL REVENUE STREAMS TO THE CITY, AS WELL AS ALL FULLY ALLOCATED COST THAT THE CITY IS PAYING WHETHER REIMBURSED OR NOT; 3. POLICE ASSIGNMENTS; 4. PARTNERSHIP AND EQUITY REVERSIONARY RIGHTS; AND 5. ALL OTHER INFORMATION CONTAINED IN THE BAYSIDE AGREEMENT. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Teele: My final motion would be this: That this Commission resolves and requests that the County Commission -- that the County -- Miami -Dade County, through its Audit And Management Division, undertake a review of the minority business components, in light of the current federal laws and in light of the current court rulings, and that we jointly would undertake to review the minority issues with the City Attorney and the County Attorney, working through the Audit and Management, and that the City would resolve to pay 50 percent of the costs -- if the County would undertake the cost, and do 50 percent. I would so move. 49 May 9, 2002 Commissioner Gonzalez: Second. Commissioner Teele: And for discussion, let me tell you why, Johnny. The County has been the subject of a lot of lawsuits on this issue. They've got a whole different body of law that has evolved based upon court decisions to them. Anything that we do, we need do it with the view that it's going to be challenged, and I don't really want to get the City in a lawsuit, per se, that we clearly are in a gray area. In other words, I don't want the City and Bayside to be in a lawsuit. If we're going to be in a lawsuit, I'd rather be in a lawsuit with Miami -Dade County and the City versus Bayside for -- as it relates to the narrow issue of the enforcement of affirmative action claims that may arise out of the original lease that may have been changed in subsequent decisions, such as -- what are the three big decisions? Ara... (phonetic) -- Vice Chairman Winton: Well, whatever. Commissioner Teele: -- Proson (phonetic), the Richmond cases, those cases coming out of that 4th Court Of Appeals. I would so move. And that's the reason, Johnny -- Vice Chairman Winton: I understand. Commissioner Teele: -- that I would ask that we get them involved -- Vice Chairman Winton: I completely agree. Commissioner Teele: -- so that we could really work this thing through. Vice Chairman Winton: Right. Commissioner Teele: and I would hope that Ms. Rivers, who I would just say for the record, is possibly one of the most successful vendors or business owners at the Miami International Airport. I know that the County has a vested interest in seeing their minority businesses, particularly African American folk, because there are so few, to survive in this. And I think that we could get, through Ms. River's good office, the County to agree to help us if you would talk to Commissioner Margolis and Role and Carey and the others that have been -- Moss and Ferguson -- that have been very supportive, as well as Commissioner Morales, who's very supportive. So, that's why I would go that route. Vice Chairman Winton: We have a motion and a second. All in favor -- any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The motion carries. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-522 A MOTION THAT THIS COMMISSION RESOLVES AND REQUESTS THAT IN LIGHT OF THE CURRENT FEDERAL LAWS AND COURT RULINGS, MIAMI- DADE COUNTY, THROUGH ITS AUDIT AND MANAGEMENT DIVISION WORKING JOINTLY WITH THE CITY AND COUNTY ATTORNEYS, UNDERTAKE A JOINT REVIEW OF THE MINORITY BUSINESS COMPONENTS 50 May 9, 2002 OF THE BAYSIDE AGREEMENT, AND THAT THE CITY RESOLVES TO PAY 50% OF THE COSTS IF THE COUNTY WOULD UNDERTAKE 50% OF THE COST. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Teele: And, finally, I would ask that there be a public hearing, with a public hearing request going out to Bayside, for the first meeting in June, to hear a report from Bayside on how the project is going and anything that they would like to say, and that they be invited here for a public hearing to be able to comment and discuss Bayside operations, police, security, promotions, affirmative action. How we can help them more or better, or any of those issues that they would like to discuss and our staff would like to proffer to them. And I would so move that there be a public hearing to that effect. Vice Chairman Winton: Got a motion. Further discussion? Being none, all in favor "aye." And a second. The Commission (Collectively): Aye. Vice Chairman Winton: Motion carries. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-523 A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING FOR THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002, AND INVITE THE BAYSIDE MANAGEMENT COMPANY TO BE PRESENT AT SAID PUBLIC HEARING IN ORDER THAT THEY MAY HAVE AN OPPORTUNITY TO COMMENT AND DISCUSS BAYSIDE OPERATIONS, POLICE, SECURITY, PROMOTIONS, AFFIRMATIVE ACTION, AND HOW THE CITY CAN PROVIDE BETTER ASSISTANCE; AND RESPOND TO ISSUES WHICH THE CITY ADMINISTRATION WOULD LIKE TO PROFFER TO THE MANAGEMENT COMPANY. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele. Jr. NAYS: None. 51 May 9, 2002 ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez Alejandro Vilarello (City Attorney): Mr. Chairman. Vice Chairman Winton: Yes, sir. Mr. Vilarello: I'd like to brief just briefly say for the record that Ms. Billberry did invite the Rouse Company to attend this meeting today and they declined based on the pending litigation. Vice Chairman Winton: Sends a little message all -- Commissioner Gonzalez: Motion to adjourn. Vice Chairman Winton: Now, what about the folks that are here right now? I'm not sure I'm clear where Commissioner Teele: Mr. Chairman, I think we have to be very careful that we don't interfere with a private right, while it's City land. While we have a master agreement with the Rouse Company, we are not privy to the -- we're not directly privy to the contractual agreement between Rouse and these three fine people. And I think we've pretty much boxed -- we pretty much have drawn the parameters around Bayside by which we can begin a discussion that doesn't necessarily directly relate to them, but clearly -- Vice Chairman Winton: And their City Attorney is doing additional research to determine what powers we do have that could have some legitimate influence over the continued negotiations between Rouse and the vendors. Commissioner Teele: Exactly. Vice Chairman Winton: OK. Mr. Vilarello: And, particular, up to this point, they have been cooperative to sit down, and have accepted my participating as a mediator between the two parties. Ms. Rivers: Excuse me. Vice Chairman Winton: Yes, ma'am. Mr. Vilarello: I hope that that will continue. Vice Chairman Winton: Yes. So do we. Yes. Ms. Rivers: I've been in ongoing negotiations with Bayside Park 10 years. I was wondering if the City could intervene in terms of mediating my situation and others like me? Vice Chairman Winton: Well, I don't know the answer to that. I think that answer's going to come out of the research that the City Attorney is going to do because, as Commissioner Teele said, it is not our job to suddenly become the -- it is not government's job to suddenly become a mediator between tenant and landlord. And, so, what we have to look at is what contractual obligations Bayside or the Rouse Company agreed to when this joint venture between the City of Miami and them was originally entered 52 May 9, 2002 into, and we have to follow the letter of the law very carefully in that regard. And that's once we -- he completes that research, then we will know precisely what we can do and what we can't do and then y'all will know that. Thank you for coming. Ms. Wood: Just want to take this opportunity to thank the City Attorney for his time and for missing your appointment the other day, while helping me out; and the Commissioners, thank you very much for listening. Vice Chairman Winton: Thank you for coming. Commissioner Teele: Thank you. Vice Chairman Winton: Should we go to lunch? Meeting is whatever we do at lunchtime. Recess. Recess until 3 p.m. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:21 P.M. AND RECONVENED AT 3:04 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN WINTON AND COMMISSIONER TEELE. 53 May 9, 2002 6. DIRECT CITY ATTORNEY TO PROCEED WITH LITIGATION IN CASE OF WILLIAM B. BRICKELL, JAMES B. BRICKELL, JR., BEATRICE A. BRICKELL, MARY SNYDER, AND ARCHIE K. PURDY V. CITY, ET AL.; REQUEST FEDERAL COURT JUDGE TO RULE ON ISSUES HE HAS BEEN BRIEFED ON. (See #2) Chairman Regalado: We will be addressing the issue of the bonds. We have three members of the Commission. Commissioner Teele is on his way. Commissioner Winton, I think, is in the building, and he'll be joining us. We have an executive session. Mr. City Attorney. Alejandro Vilarello (City Attorney): Mr. Chairman, pursuant to Florida statutes 286.011(8), the City Commission has -- you, as the Chairman, has just announced the commencement of an attorney/client closed session, closed to the public for the purpose of discussing the pending litigation case of William Brickell, James Brickell, Jr., Beatrice Brickell, Mary Snyder, Archie Purdy versus the City of Miami, et at, case number 88-0230, before Judge Highsmith, United States District Court for the Southern District of Florida, to which the City is presently a party. The closed -door session will commence at approximately 3:03 p.m., on May 9, 2002. Session will last approximately 30 minutes. At the conclusion -- the session will be attended by the members of the City Commission: Tomas Regalado, Commissioner Sanchez, Arthur Teele, who's not currently present, Johnny Winton, who's not present, Commissioner Angel Gonzalez; City Manager, Carlos Gimenez, and the City Attorney, Alex Vilarello; Assistant City Attorneys Olga Ramirez-Cejas, Warren Bitner and Maria Chiaro. A certified court reporter will be present to ensure that the session is fully transcribed and a transcript will be made available to the public at the conclusion of the litigation. At the conclusion of the attorney/client session, the City Commission will reconvene, close the executive session, and then proceed with the rest of the City Commission meeting. Chairman Regalado: Thank you. So, we're going to proceed to Commissioner Gonzalez' conference room and we will just wait for the arrival of Commissioners Winton and Teele there. Is that OK? THEREUPON, THE CITY COMMISSION RECESSED AT 3:06 P.M. TO GO INTO EXECUTIVE SESSION AND RECONVENED AT 3.-55 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER GONZALEZ. Chairman Regalado: Reconvene this City Commission meeting. In a few seconds we're going to have one of the items of the Mayor, Manny Diaz. He has guests -- Mr. Vilarello: Commissioner Regalado, officially, let's close the executive session. Chairman Regalado: Right. But before that, we're going to close the executive session. Mr. City Attorney. Mr. Vilarello: Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Vilarello: I would request that the City Commission consider a motion directing us to proceed with the litigation, and have the federal court judge go ahead and rule on the issues that he's already been briefed on and proceed with the litigation involving the City of Miami and the Brickell heirs. Commissioner Teele: So moved, Mr. Chairman 54 May 9, 2002 Chairman Regalado: It's been moved and second by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-524 A MOTION DIRECTING THE CITY ATTORNEY TO PROCEED WITH LITIGATION IN THE CASE OF WILLIAM B. BRICKELL, JAMES B. BRICKELL, JR., BEATRICE A. BRICKELL, MARY SNYDER, AND ARCHIE K PURDY V. CITY OF MIAMI, ET AL.; FURTHER REQUESTING THE FEDERAL COURT JUDGE TO RULE ON THE ISSUES HE HAS ALREADY BEEN BRIEFED ON. 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 Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez 55 May 9, 2002 7. DIRECT CITY ATTORNEY TO PREPARE ORDINANCE ESTABLISHING SISTER CITIES COORDINATING COUNCIL. Chairman Regalado: We have -- Mayor Diaz requested to be heard on several items. Actually, only two. And first one -- the first one will be a discussion regarding the City of Miami's application to host the ESPN (Entertainment and Sports Programming Network) X -game in August of the year 2003 and 2004. You all have the brochures from ESPN about the X -games. Also, the Mayor has a supplemental item. It's a discussion concerning a motion directing the City Attorney to prepare an ordinance establishing a Sister City's Coordinating Council. Do we have a motion for this? Commissioner Sanchez: So moved. 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 motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-525 A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE AN ORDINANCE ESTABLISHING A SISTER CITIES COORDINATING COUNCIL. 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 Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Regalado: Mr. City Attorney. Oh, Madam City Attorney, this motion directs you to prepare an ordinance for May 23rd, establishing a Sister's City Coordinating Council, on first reading. I'll give you the backup if you don't have it. 56 May 9, 2002 8. DIRECT MANAGER FINALIZE AGREEMENT RELATED TO CITY'S HOSTING ESPN X - GAMES IN AUGUST OF 2003-2004; MANAGER TO BRING SAID AGREEMENT BACK FOR COMMISSION CONSIDERATION. Chairman Regalado: The other item of the Mayor will be the discussion concerning the Strategic Planning Initiative for the City of Miami. And you want to do this now or later? OK. So, we're going to do the ESPN X -games and then we'll do the other items. Immediately after that, we'll go into the bond item. Good afternoon, Mr. Mayor. Thank you. Go ahead. Mayor Manuel Diaz: Good afternoon, Mr. Chairman. Thank you for this opportunity. I bring you all good news, and the good news is that the ESPN X -games have narrowed down the list of potential cities where they will host their event during August of 2003 and August 2004. It's a two-year commitment. We are among the list that includes New York, Los Angeles and Denver. At the same time, however, I am told that we're number one on that list. So, these events are for us to have, assuming that all of us support this effort. Just to tell you a little bit about the event. Since most of us are of a different generation, but I'm sure our kids know very well about the X -games. This event is expected to bring over 200,000 -- 250,000 people to our City. There are more than 20 hours of original programming on ABC (American Broadcasting Corporation), ESPN and ESPN -2. In addition to extensive re -airs and distribution, internationally the 26 networks and over 100 countries in more than 10 languages. There will be 800 journalists from all over the world, who will come to Miami to cover this event, including BBC, USA Today, New York Times, Sports Illustrated, AP and many others. There's a strong component in these events of community involvement. So they start to recruit -- and this is -- by the way, these are not theoretical figures. These are figures that have been established through the ten years that they've been hosting these events. These events are now been held in four cities; Newport, Rhode Island; San Diego and San Francisco, California; and Philadelphia, Pennsylvania, so we would be nine -- years nine and ten. They involve over 1,000 local volunteers that work primarily with inner City children. They create a host of City marketing committees and a number of other initiatives locally that Mr. Wienert, who's here from ESPN, will tell you about. The estimated economic impact is around fifty million dollars per year. And that's just -- I believe that's just -- the 10,000 room nights is just for ESPN. They expect 10,000 room nights, which is just for ESPN staff, vendors, VIP (Very Important Person), et cetera. This does not include all the other people that come to participate in these events. So, I think this would be a terrific event for us to host. This is part of the, I think, good news that is happening in our town, that we have events of this caliber, who now want to be a part of the City of Miami. I have Mr. Jack Wienert with me. He is with the ESPN. He's the boss of the X -games. And he would like to say a couple things. Jack Wienert: Thank you, Mr. Mayor. As the Mayor said, my name is Jack Wienert. I'm the Executive Director of the ESPN X -games. Commissioners, thank you for your time today. Probably more eloquently than me, I've got a little four -minute film that I'd like to show you, if we're -- Chairman Regalado: Go ahead. Lights, please. Lights, please. Note for the Record: At this time, a video film is presented. Chairman Regalado: Lights, please. Vice Chairman Winton: OK. Joe, you know, you're going to sing and do this? Commissioner Sanchez: I'm just glad my eight year old isn't here. Mr. Wienert: I guarantee you, your eight year old probably knows about it. 57 May 9, 2002 Commissioner Sanchez: He's a big fan. Chairman Regalado: No, no. Horses. Joe cannot -- Mr. Wienert: Something that usually goes -- I was the first person ESPN hired back in'94 when we came up with this idea and I've had the opportunity to present the idea of the games and the opportunity to host the games to many cities, and every city I've been in, the commissioners, both men and women, want to know if they can do that, and, you know, I'm responsible for running the games, creating and working with the cities, doing a lot of synergy things that-- We want to borrow your swing set, so to speak, and we have great respect for that swing set and when we're done, we want you to be proud that we used it. I have an ongoing battle with the TV guys, but it's because of what people like to watch on television, i.e., wrestling and NASCAR, waiting for the wrecks. TV likes to show people falling down one way or another. I can tell you, since 1993, the first press conference when we announced the games, we have four rules. We only have four rules. We have a lot of ordinances, like you do. But the four rules are: Safety, safety, safety, and fun. We spend a lot of time, despite what you see in the execution of these truly world class athletes performing what we think are the sports of the future -- and, hopefully, skate parks that will become softball diamonds of the future, ensuring that spectators, athletes, workers and the reputation of ESPN, the Walt Disney Company, and our whole City is well paid attention to. We have been very fortunate working with our Risk Management and our medical folks. We have competent about 25 medical professionals who work the games. And kids sometimes do get banged up, but we don't focus on that. The Mayor mentioned some of the things that we're about. The figure in the brochures that you have there is 250,000 people. Actually, last year -- and I'm sorry I missed that. I apologize. We had 340,000 people in Philadelphia last year, over six days. Interesting thing about the games is, while the games are about world-class sports that are somewhat unusual to some people, it's a family event. It's moms and dads and kids. Dad with his sons and daughters and their friends. It's free. There's no charge at any of the venues, and we don't allow the sale of alcohol. We find that that works very well for a mass gathering of 30 to 50,000 people a day, and we're not about that. We could probably make a significant amount of dollars for charging tickets and for selling alcohol. We don't do that. We're trying to grow sports. We're trying to provide opportunities for kids to do things that they're doing in your malls, in your office parks right now. Every city we've been in, when we've left, there's been a surge of interest in building community skate parks in some way or another. Sometimes we've been able to help financially, certainly with the expertise and the cooperation of our athletes, and the people who really know these sports that come in, and we offer our assistance in making sure that you build a park that initially gets a reputation as an ideal place to execute these sports. If it gets a bad reputation start off with, even the amateur won't go because it's not cool. Willy Brown, the Mayor of San Francisco, wanted us to stay. State of Rhode Island, who was our first host, wanted us to stay. Mayor Street, although we didn't mention it -- and the Mayor asked me directly, and actually got -- I didn't think of it because I'm immersed in the second year up there. But Philadelphia, particularly with Comcast Cable and the AT&T (American Telephone & Telegraph) merger coming down the pike, they might could see us there 30 year -- in Philadelphia. We're not going to do that. I have been in this City three times in the last three weeks or less than three weeks. The only thing I will say to that point. The Mayor said that the City of Miami is the number one contender, and I'll let my frequency of visits speak for that. I have not been in the other cities three times in the last two and a half weeks. I must compliment your Mayor and his staff. I won't name names because I'll get them wrong. Because ambition making me gray and bald and stupid, I don't have a great memory for names. I would like to point out Greg Heines here, who I'm sure most of you know, or at least gotten an email from him and -- I have. But Greg is -- to his credit, is passionate about the City of Miami, and he's lit that spark in us and your mayoral staff and the departments related to City have really kept that flame going, along with -- it seems like we have a great affinity for the Marriott organization because they usually end up being our headquarter hotel because they treat us probably better than we've ever been treated anywhere before, so, thank you for your support of that. There's a 58 May 9, 2002 thousand things I could say. All I could tell you is that this is fun. It's family fun. It will bring people to American Airlines Arena, free, probably first time ever, and all the area between the hotel complex, the Marriott complex, and Bayside Park. I'd like to figure out how to wake -board there and, you know, have the kids jumping over a cruise ship liner or something like that, but that policemen out there in that boat won't let us get near. So, I'm available for any questions. I just thank you for your time, and I want you to know that for almost nine years now, I've been almost constantly on the road talking to municipalities about hosting one of our events. We have winter events, summer events. We have an event this weekend in Atlanta, as a qualifier. We were in Rio de Janeiro three weeks ago. We're in Barcelona in July. We were in Philadelphia in August. We got a six -city agent tour, starts in June. We have a Tony Hoc Tour, 16 -city stop. It starts in about a week. And the Dade Mayor Bicycle Tour starts in about a week. We do -- (UNINTELLIGIBLE) winter games in Aspen, Colorado, the Olympics followed us by three weeks. Three American snow borders won the super fight, 1, 2, 3, gold, silver, and bronze. At our event, two weeks before, they placed 6th, 7th and 91h, so, the only thing, it's already 96 in Atlanta. Seventeen of our athletes from Rhode Island went down and appeared in the closing ceremonies on ramps, bikes and blades. They are already calling us. And our organizers want to know about trying to bring some of our sports mainstream, and that's good. It's good for the kids. The other thing I would say, as far as our involvement with the community. Every place that we've been -- we've worked with our sponsors and our own marketing team. We get in the middle schools with safety programs on why it's important to have proper equipment. We mandate helmets. And when we first took over these sports, the athletes wouldn't wear helmets. They do now. We're very much concerned, not just about putting them on television, but their ability to perform their tricks the following week after the X- games. So, I'm available for any questions. I just thank you for the opportunity. You should be very proud of your City. I mean, this is -- I've not spent any time in Miami, other than one time to catch a cruise ship and next -- next five days we'll all live in a ball, in a fetal position, because everybody else is having fun and I didn't do well. But I hope it works. I ask for your support and the support of your administration. And James and Christine, I will have to mention to them -- they've kind of adopted me. If we come to Miami, I'll adopt them. Thank you. Commissioner Sanchez: Mr. Chairman, I just have one question for the gentleman. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Why has it taken you so long, sir, to come down to Miami? Mr. Wienert: Takes me a long time to do a lot of things at this age. Commissioner Sanchez: You don't have to answer that. I'm only kidding. You don't have to answer that. Mr. Wienert: What are you making reference to? You want to talk about demographics for sports? Look at me. Commissioner Sanchez: We're glad to have you here, and if we do come to an agreement on those two years, I am thrilled that you will be celebrating your 10th year anniversary here in Miami. So, that's great for us. Mr. Wienert: I don't know how we're going to make it bigger than every one we do, but we'll have great plans and it will make that City proud. I can guarantee -- Commissioner Sanchez: Well, I'll have my eight year old driving me crazy for tickets, that's for sure. 59 May 9, 2002 Mr. Wienert: Well, he'll be 10 then, he might be in the games. Mayor Diaz: We also have Joe Brown, with Marriott, who wanted to say a couple of quick words. Joe Brown: Thank you, Mayor, Commissioners. I guess I'm here to say this is a quiet event on behalf of Marriott. We don't tell people about this event because it's creating so much money for our company in different cities. As I did a research in Philadelphia in previous Marriotts and tried to get information on it, nobody wanted to share it because they all want it back. The numbers they use of 10,000 are real. I have all the history from last year, Philadelphia. And to get the information out of Philadelphia was like, you know, getting a can opener that just didn't work. Nobody wants to tell people about this because it's such a good event. I'm sure you know our company. We've taken over the Windham; it's now the Renaissance. We plan to open up a Courtyard attached to the Hyatt. We have a residence in (UNINTELLIGIBLE) Hyatt. We're excited about this event. We think it makes sense. You know, I don't have to remind you that it's August. We have great events throughout the year. This is in August. It's better for us. I just ask for your support, and the event is real. Thank you. Chairman Regalado: Thank you very much. Vice Chairman Winton: It's when? In August, you said? Mr. Brown: August. Mayor Diaz: Just to close, couple of notes I took here. When world-class athletes were mentioned, I just want you to know that one of those world class athletes that competed in prior X -games was Jennifer Rodriguez. And when she was here for the State of the City, and I told her that the X -games may be coming to Miami, she was incredibly excited and felt that that could be the beginning of developing those kind of sports here, and she'd be willing to help us out with that. This is -- as Jack mentioned, this is about kids, family and fun. It's free. It involves our community in a big way. And I want to just -- I do want to mention some specific names. James, who was mentioned, Davis, Christina Abrams, and Terry Buice and Frank Rollason, and all who, among many others, have helped put this together and they should be commended. And obviously, Greg Heines, a great citizen of Miami, who also helped very much. And hopefully the other piece of this equation, as Jack mentioned, ESPN is involved in a whole lot of events. And if we're a good host City, maybe they can bring other events, other than the X -games, to Miami. Vice Chairman Winton: What will be the total venue? Isn't all just American Airlines Arena. Mr. Wienert: The Marriott, Bicentennial Park (UNINTELLIGIBLE) Ms. Christina Abrams (Director, Public Facilities): Bicentennial Park. Vice Chairman Winton: Bicentennial Park. Ms. Abrams: And American Airlines Arena. Mr. Wienert: You're doing good. Keep coming. Ms. Abrams: You want me to continue? Orange Bowl Stadium. Can we throw in the Orange Bowl Stadium? 60 May 9, 2002 Mr. Wienert: I'd like to do the motorcycle in the Orange Bowl Stadium. I think we'd fill it up. But we met with -- what's the gentleman's name out there, the groundskeeper, the operations Manager? He wasn't real excited about us tearing up his grass, so -- Vice Chairman Winton: At the beginning -- and the middle of August. Mr. Wienert: Yeah, in the middle of August. Commissioner Sanchez: He takes his job very seriously. Mr. Wienert: I learned that last week, yes, sir. So, the dates of the games, next year would be like the 14th through the 18th of August. And then the following year, it will probably be the 13th through the 17th, as long as there's been a leap year and if there is, I was wrong. Vice Chairman Winton: Well, that's really big, and thank you. I think that this kind of internal comment, we need to make sure that we talk to our Parks Advisory Committee, because from my viewpoint in watching their actions of late, I think the Parks Advisory Committee is developing a bit of an elitist attitude and think that if the use of the park doesn't match up with their particular narrow view of what a park ought to be used for, that it isn't an appropriate use for a park any longer. And that's very troublesome to me. It's an issue that I might bring back to this Commission one day, in the not -too - distant -future, and so I'll be real curious to see how our Parks Advisory Board deals with the X -games, and we'll be watching that closely. We might need an X -parks Advisory Board to go with the X -games. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Before you do -- so, it's up to you or it's up to us to discuss? Commissioner Sanchez: It's up to both of us. It's up to both of us. Mr. Wienert: If you -- if you're asking me what happens next? Chairman Regalado: Yes, sir. Mr. Wienert: OK. Well, I'd like to put a resolution before the Council -- Chairman Regalado: Today. Commissioner Sanchez: I'm prepared to do that for you, sir. Mr. Wienert: I'll second it. And let's go, all right. The staff has created some numbers. You know, what they feel in support of what it's going to take from the City and hopefully with the Mayor's leadership of the Metropolitan area, bring games here. The economic impact numbers are not my numbers. We ask the host City of each game -- you know, everybody's got a university and they've all got people who are really interested and they crunch the numbers. We don't crunch them. If we crunch them, I wouldn't believe them, if I were you. Although, I would tell you they were true, and they would be, but it's easier this way. Chairman Regalado: But it seems to me that all of us are sold on the idea, just -- Mr. Wienert: Well, let's vote. 61 May 9, 2002 Chairman Regalado: And we will, and we will, but I first -- Mr. Mayor, of course, you are the Chairman of Miami's Sport and Exhibition Authority and I'm sure that you -- Mayor Diaz: Thank you for reminding me. Chairman Regalado: And I'm sure that you thought about the component in this, so, whatever we will do -- and Commissioner Sanchez has already a resolution, but whatever we'll do, Miami Sports and Exhibition Authority has to be and will be involved. Mayor Diaz: Absolutely, they will. Chairman Regalado: Commissioner Sanchez has a resolution. Commissioner Sanchez: Mr. Chairman, motion directing staff to finalize the agreement and to come back to this Commission for final approval. So moved. Vice Chairman Winton: Second. Chairman Regalado: There is a motion and a second. I would also suggest, since three members of this board are members of MSEA (Miami Sports & Exhibition Authority), plus the Mayor, that this item will be discussed in the next available meeting in Miami Sports and Exhibition Authority. So, the financial component will be finalized -- how soon you need to know? Mr. Wienert: Well, one, I'd like to wrap it up as soon as possible. I do understand that you do have certain protocols and policies and whatnot. Chairman Regalado: We can do it on the 23rd. Mr. Wienert: The 23rd of -- Chairman Regalado: Of May. Mr. Wienert: June 1 st. If you can have a bid together June 1 st -- Commissioner Sanchez: June 2nd -- Mr. Wienert: You did ask me a direct question. I did not answer it. Chairman Regalado: No, no. Mr. Wienert: -- like other than my wife, I have other bosses, and -- Commissioner Sanchez: Sir, I love the X -games. There's no way you're going to get me to come here on a Saturday morning. Mr. Wienert: Want to bet? Chairman Regalado: No. Well, he probably will. Commissioner Sanchez: He's saying -- the 1 st is what, Saturday? 62 May 9, 2002 Vice Chairman Winton: He's saying by June 1. Commissioner Sanchez: Yeah. Vice Chairman Winton: So, if we're done by the 23rd -- Mr. Wienert: Oh, I see what you mean. Chairman Regalado: We will be done in the City Commission by May 23`d, but, Mr. Mayor, you need to call a meeting of Miami Sports and Exhibition Authority before that, so we will have probably on May 23rd everything ready, all the components ready. And we'll be able to, you know, give it to you before June 1 st. Mayor Diaz: Yes, sir. There's a MSEA meeting scheduled for the 20th. Chairman Regalado: So -- go ahead. Mr. Wienert: I don't need the document. What I need you to tell me -- Chairman Regalado: No. You will have, you know -- go ahead, I guess. Mr. Wienert: I have a boilerplate agreement that seems to work. We recognize that either the Risk Management people on both sides of the table need to get things together. Every deal is different, as I'm sure you -- everyone knows, but I'll get a boilerplate to Jim and Christina or to the Mayor, whatever I'm directed to do, and, you know, we'll let the lawyers do what lawyers do, and -- Chairman Regalado: Say no more. We have a resolution and a motion. Vice Chairman Winton: Call the question. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-526 A MOTION DIRECTING THE CITY MANAGER TO FINALIZE THE AGREEMENT RELATED TO THE CITY'S HOSTING THE ESPN X -GAMES IN AUGUST OF 2003- 2004; FURTHER DIRECTING THE MANAGER TO BRING SAID AGREEMENT BACK FOR COMMISSION CONSIDERATION. 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 63 May 9, 2002 Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele. Jr. Mayor Diaz: Thank you very much, and I also want to recognize that Bill Talbert is here from the Greater Miami Visitors and Convention Bureau, who have agreed to bankroll this entire event. (APPLAUSE) Commissioner Sanchez: Mr. Mayor, can we get that on the record? Mayor Diaz: See, we like you in Miami, Bill. Unidentified Speaker: Yeah. It's from the money for Miami Beach. Vice Chairman Winton: Yeah. I was just going to ask you about that. Good thing that wasn't on the microphone. 64 May 9, 2002 9. DIRECT MANAGER TO DEVELOP FRAMEWORK FOR MAYOR'S PROPOSED STRATEGIC PLAN, PROJECT DESIGNED TO ORGANIZE AND CREATE 20 -YEAR VISION FOR CITY. Mayor Manuel Diaz: I have one other item, I believe, on my pages, and that's -- briefly, I wanted to bring you up -to -speed on something that you might remember I mentioned in the State of the City, which was the -- which is the notion of developing a strategic plan for the City of Miami. This would be a project that would be designed to organize and create a vision, a 20 -year strategic plan for the City. It will provide strategic direction, instead of policy and programmatic goals, and an investment strategy to fund these policy objectives. Now, this strategic plan is going to provide a framework to reorganize the structure and composition of our government so we can be better positioned to meet the goals of this new strategic plan. This reorganization will realize, I believe, considerable efficiencies and increased revenues. This is a plan that should take some somewhere between nine months and 12 months to complete. And my vision for this is that it be very, very grassroots -driven, and that we involve as many people in this community to help us in all the areas that we care about. I've got some ideas in terms of some areas, including economic development, arts and culture in public places, City services, infrastructure, civic culture. And I will be sitting down with each of you in the coming weeks to get ideas from you as to other areas that you believe should be included in this kind of strategic plan. But I think it behooves us now, as we see more and more positive things begin to happen in our City, that we develop this kind of a plan so that, in the future, we will be guided by a specific plan, which, as all of you know, has not been the case in the past. So, I think is a very, very important part of what I believe should be our agenda for the coming months. Vice Chairman Winton: And, Mr. Mayor, so what are you asking for? Mayor Diaz: I'm not asking for anything. Just -- yes. I'm asking for the Commission to direct the Manager to begin to develop the framework for this kind of strategic plan. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's -- we have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-527 A MOTION DIRECTING THE CITY MANAGER TO DEVELOP A FRAMEWORK FOR THE MAYOR'S PROPOSED STRATEGIC PLAN, WHICH IS A PROJECT DESIGNED TO ORGANIZE AND CREATE A 20 -YEAR VISION FOR THE CITY BY PROVIDING: 1. STRATEGIC DIRECTION; 2. A SET OF POLICY AND PROGRAMMATIC GOALS; 3. INVESTMENT STRATEGY TO FUND THE POLICY OBJECTIVES; 4. A FRAMEWORK TO REORGANIZE STRUCTURE AND COMPOSITION OF CITY GOVERNMENT THEREBY PUTTING THE CITY IN A BETTER 65 May 9, 2002 POSITION TO MEET GOALS OF NEW STRATEGIC PLAN AND RESULT IN CONSIDERABLE EFFICIENCIES AND INCREASED REVENUES FOR THE CITY; FURTHER DIRECTING THE CITY MANAGER TO REPORT BACK AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002 ON THIS ISSUE. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele. Jr. Vice Chairman Winton: And by when would you like that back from the Manager? Carlos Gimenez (City Manager): The framework? Vice Chairman Winton: Yes. Mayor Diaz: Yes. Mr. Gimenez: We could have the framework back within 30 days. Vice Chairman Winton: And -- Mayor Diaz: May 31 st. Chairman Regalado: First -- Vice Chairman Winton: Great. Chairman Regalado: First meeting of June. Vice Chairman Winton: Good. Mayor Diaz: OK. That works. Thank you very much. Chairman Regalado: OK. We're ready -- Mr. Mayor, we already approved the Sister Cities item and I just wanted to mention to you that there are people that are really interested in working to revive the Sister Cities Program. So -- Mayor Diaz: Yes, sir. Chairman Regalado: Thank you. 66 May 9, 2002 Mayor Diaz: Thank you. 67 May 9, 2002 10. BRIEF COMMENTS REGARDING UPCOMING COCONUT GROVE TOWNHALL MEETING. Chairman Regalado: OK. Where's Pidermann? Could you check Commissioner Teele to see if we can then proceed with the bonds issue? Madam City Clerk, could you check with Commissioner Teele to see if he's available so we can proceed with the bond issue? He was just there. He was -- since we have the people here -- but if y'all want, we can -- Vice Chairman Winton: Do four or five items real quick. Chairman Regalado: He's coming now. On the blue pages. Commissioner Gonzalez, you don't have anything in there. If you have pocket items, we'll do it later on. On the blue page, Vice Chairman Winton does not have any items. Vice Chairman Winton: I would like to make one announcement, and that is that there will be a Coconut Grove Town Hall meeting -- what's the date? What is it? May 13th, 7 p.m., here. All of my fellow Commissioners are certainly welcomed, as usual. Commissioner Morales from the County will be here, as well. So that, again, is 7 p.m., May 13th, at City Hall. And the Mayor is coming, as well, he said? So, the Mayor is coming, Commissioner Jimmy Morales is coming, and you are all certainly welcomed, if you feel like it. Chairman Regalado: Thank you. 68 May 9, 2002 11. FIRST READING ORDINANCE: AMEND SECTION 2-892 OF CITY CODE AND ADD NEW DIVISION 16, CONTAINING SECTIONS 2-1215 THROUGH 2-1220 TO ESTABLISH CITY DISTRICT THREE HISTORIC PRESERVATION ADVISORY BOARD. Chairman Regalado: Commissioner Sanchez, you have several items in your blue page. Commissioner Sanchez: Mr. Chairman, very simple items. One of the items on my Commissioner's blue pages is "A," and it's just putting together a Historic Preservation Advisory Board in District 3, and that is to the fact that District 3 holds a lot of historic buildings, as well as bungalows, and a lot of older architect that I believe deserve to be preserved. And, therefore, I am putting together an advisory board of quality historians in my community, who are dedicated to preserving some of these historic sites. So, therefore, I move this resolution. Priscilla Thompson (City Clerk): It's -- Commissioner Gonzalez: Second. Ms. Thompson: I'm sorry, sir. It's actually the first reading of an ordinance. Chairman Regalado: Yeah. It was a mistake on the printing of this page. So, it's a -- Commissioner Sanchez: Mr. City Attorney. Chairman Regalado: -- first reading ordinance. And, Mr. City Attorney -- Commissioner Sanchez: Madam City Attorney, could you read the ordinance? Chairman Regalado: Madam City Attorney, read the ordinance. It's been moved and second. Maria Chiaro (Assistant City Attorney): [At this point, read the title of the ordinance.] Mr. Chairman, the ordinance that is in your packet contains blanks. Blanks are to designate the criteria for the appointment of members. And I am informed by Commissioner Sanchez's office that these are to be individuals from the district with a background and knowledge of the historic elements of the district. Commissioner Sanchez: Yes, ma'am. Ms. Chiaro: Further, the parameters of the Historic Preservation Advisory Board district is the entire district -- is entirely -- Commissioner Sanchez: The entire District 3. Ms. Chiaro: Yes, the entire District 3. So, we will include that in the -- into -- when you get the ordinance back for second reading. Chairman Regalado: OK. There's a motion and a second. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE 69 May 9, 2002 AND ESTABLISH A CITY OF MIAMI DISTRICT 3 HISTORIC PRESERVATION ADVISORY BOARD, PROVIDING FOR THE BOARD'S SUNSET; SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES, JURISDICTIONAL AUTHORITY, MEMBERSHIP, TERMS OF OFFICE, VACANCIES, OFFICERS, MEETINGS, VOTING AND QUORUM, ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY AND RULES OF PROCEDURE; ADMINISTRATIVE ASSISTANCE, COUNSEL AND FILING OF RECORDS; AND MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 16, CONTAINING SECTIONS 2-1215 THROUGH 2-1220 TO SAID CODE; 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 Assistant City Attorney. 70 May 9, 2002 12. FIRST READING ORDINANCE: SUNSET LATIN QUARTER REVIEW BOARD; REPEAL ARTICLE VIII OF CHAPTER 62, OF CITY CODE, SECTIONS 62-221 THROUGH 62-227, ENTITLED "ZONING AND PLANNING/LATIN QUARTER REVIEW BOARD AND AMEND SECTION 2-892. Commissioner Sanchez: Mr. Chairman, my other item is a first reading ordinance, sunsetting the Latin Quarter Review Board. The board has failed to meet. The board has failed to hold a quorum. I have personally talked to several developers, who have shown up to meetings with their attorney. Of course, creating a great inconvenience for these developers and their attorneys to show up and they can't seem to have a quorum. Although I respectfully agreed with the Latin Quarter concept, I believe that we have adequate staff of the City of Miami, both from the Planning and Zoning and Planning to safeguard the Latin Quarter concept in the City of Miami. And therefore, as an inconvenience and clearly a board that is not performing to their standards, I am forced to ask for your support in sunsetting the Latin Quarter Review Board. So moved. Chairman Regalado: There is a motion. Commissioner Gonzalez: Second. Chairman Regalado: And a second. It's an ordinance. This is a public hearing. Anybody from the public? Being none, Madam City Attorney. First reading. Commissioner Sanchez: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE LATIN QUARTER REVIEW BOARD; MORE PARTICULARLY BY REPEALING IN ITS ENTIRETY, ARTICLE VIII OF CHAPTER 62, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/LATIN QUARTER REVIEW BOARD," CONSISTING OF SECTIONS 62-221 THROUGH 62- 227, AND BY AMENDING SECTION 2-892; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton The ordinance was read by title into the public record by the Assistant City Attorney. Commissioner Sanchez: Just to put this on the record, Mr. Chairman. Bringing developers to District 3 to develop and having the people that are there -- now that, you know, we have been able to improve the 71 May 9, 2002 area and they're looking forward to expand their business for their properties, and for them to set up meetings and go with their attorneys and stuff to these meetings and not have the meetings to be held, first of all, it's an embarrassment to this City, an embarrassment to me as your Commissioner, and it should be an embarrassment also to the administration, because, you know, we're here to promote development and, therefore, this board isn't doing what they're doing. So, believe me, it's -- we're trying to get rid of a layer of bureaucracy and this is one layer that we didn't need in the process. 72 May 9, 2002 13. AUTHORIZE MANAGER TO ACCEPT PROPOSALS FROM PROFESSIONAL CONSULTANTS ON PRE -APPROVED LIST OF DEPARTMENT OF PUBLIC WORKS TO ACQUIRE SERVICES TO ASSIST IN PREPARATION OF SCHEMATIC MASTER PLAN PROPOSAL FOR CUBAN MEMORIAL BOULEVARD, $60,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. Commissioner Sanchez: So, moving on to my other item, it is a resolution authorizing the City Manager to accept proposals and that is, of course, we had talked about adding more green space to our City, and that is one of the things on the bond issues that we are promoting, being that we are one of the worst cities in the United States with green space in parks. We have a perfect opportunity to take an area that has green space and it's just perfect to create an ambience of a promenade where people could walk from one business corridor to the other, which is Coral Way and 8th Street. And, of course, I always give this speech, but they are probably watching on channel 9, they need to know what's going on. Because we've set several meetings with the neighbors to start the process and the charrette to get them involved in this. We have the perfect opportunity here for what I consider to be, not an -- you know, not a lot of money to create a promenade in an area that is perfect for that. And the first step here is to create -- to hire a consultant firm to go out there for sixty thousand dollars and come back with a schematic master plan proposal for the Cuban Memorial Boulevard. So, at this time, this is the first step and the rest of the money, as you will later find out, will be coming out of the portion of my bond money to put together this beautiful promenade in District 3. And, of course, in the Little Havana area and the City of Miami. So, I move this resolution, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-528 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT PROPOSALS FROM PROFESSIONAL CONSULTANTS ON THE PRE -APPROVED LIST OF THE DEPARTMENT OF PUBLIC WORKS TO ACQUIRE SUCH SERVICES AS MAY BE REQUIRED TO ASSIST IN THE PREPARATION OF A SCHEMATIC MASTER PLAN PROPOSAL FOR THE CUBAN MEMORIAL BOULEVARD, IN A TOTAL AMOUNT NOT TO EXCEED $60,000 FOR ALL CONSULTANTS, SERVICES AND RELATED EXPENSES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 344102.859201.6.270, "DEVELOPMENT PROJECTS CONSULTANTS"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH CONSULTANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE REQUIRED SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 73 May 9, 2002 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 Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 74 May 9, 2002 14. FIRST READING ORDINANCE: AMEND SECTIONS 2-1013 AND 2-1015 OF CITY CODE ENTITLED "ADMINISTRATIONMOARDS, COMMITTEES AND COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY," TO CHANGE MEMBERSHIP COMPOSITION FROM ELEVEN TO SIX MEMBERS, AND NUMBER OF YEARS PERMITTED FOR CONSECUTIVE SERVICE AS MEMBER ON MIAMI SPORTS AND EXHIBITION AUTHORITY, AND DESIGNATE EXECUTIVE DIRECTOR AS CITY REPRESENTATIVE TO GREATER MIAMI CONVENTION BUREAU. Chairman Regalado: Commissioner Teele, on your blue pages, you want to do it now? Commissioner Teele: Yes, Mr. Chairman. Chairman Regalado: Go ahead, sir. You have a first reading ordinance. Commissioner Teele: Mr. Attorney, would you read the ordinance? Mr. Attorney -- Madam Attorney, would you read the ordinance? Chairman Regalado: Item "A," blue pages, Commissioner Teele. Note for the Record: At this point, the Assistant City Attorney read the ordinance, by title, into the public record. Commissioner Teele: Madam Attorney, I would like to change the number 6 to 8. And I would like to specify that under 2A, or let me just say in the appropriate place, that one member shall be a current member of the Board and, thereafter, nominated and approved at -large by the membership and, thereafter, the Commission shall nominate an at -large member, who shall be an outstanding citizen. Ms. Chiaro: I'm sorry, Commissioner. You want the membership to be at eight members? Commissioner Teele: That's correct. It's currently at six. Ms. Chiaro: The way this is presented to you, it is currently six. Commissioner Teele: And I'm asking that you change the number in the title from six to eight. Ms. Chiaro: Eight, yes. Commissioner Teele: And I'm asking that one member be a member of the existing -- the initial member shall be a member, in good standing, of the initial MSEA (Miami Sports & Exhibition Authority) -- of the current MSEA Board, and -- which has served for one year; and thereafter, the Commission shall designate a citizen at -large, who will be subject to the same four-year consecutive term limit. And that just gives the flexibility to the Mayor and Commission to designate one additional person, who's an outstanding citizen. That's seven. The eighth person -- I would like you to give this your considered opinion, and you may have to research it, but I would like to maintain this at eight. The eighth member shall be a Managing Director member, who shall be the City Manager or an Assistant City Manager of the City, who shall serve, ex officio, as a Managing Director, who specifically shall have the responsibility of nominating to the Board an Executive Director when a vacancy occurs and, otherwise, shall provide administrative assistance, technical assistance and otherwise, provide supervision to the Executive Director of MSEA. Ms. Chiaro: And that individual will be appointed by the Commission? 75 May 9, 2002 Commissioner Teele: No, ma'am. That individual will be the City Manager or his designated Assistant City Manager, who shall be a member of the Board, ex officio, without the right to vote, and shall be designated as Managing Director. Chairman Regalado: Is that besides the Executive Director? Commissioner Teele: The Executive Director will stay just where he is or where she is in the future. Nothing changes. The only thing is, there will be a Manager or an Assistant Manager, that the Manager designates, who will be a director, who will be designated Managing Director, who will basically supervise and provide assistance, direction to the Executive Director, and further will, when there is a vacancy, interview, nominate, and shall nominate, not appoint, but nominate to the Board an Executive Director. Commissioner Winton: I was with you all the way, until nominating the Executive Director. I'm not sure that -- Commissioner Teele: Then take it out. Commissioner Winton: Yeah. Commissioner Teele: Let's don't have this as any controversy. Commissioner Winton: Yeah, yeah, because -- Chairman Regalado: Because sometimes you do a national search and -- Commissioner Teele: Yeah, but somebody's got to manage it. And, you know -- but I agree, let's just take that out. And if the MSEA Board wants to do that, let's let that happen at the MSEA Board. Let's just make him a Managing -- make that person a Managing Director. But I think it's important that it not be a department head, even though I happen to think there's one department head that would be uniquely appropriately suited to be in that role. I just think we don't want to, in any way, send the signal that we're diminishing the MSEA Executive Director to less than that of a Manager or Assistant Manager status. And that's my intent, is to, in no way, diminish the Executive Director, but to finally get to the point that we keep talking about, where we need to have -- and you and I have had these conversations privately, Mr. Manager -- that that has been a problem of how do we form the linkage for coordination. Alejandro Vilarello (City Attorney): Mr. Chairman? Chairman Regalado: Yes, sir. Mr. Vilarello: To Commissioner Teele. Commissioner Teele, could I encourage you to give me an opportunity to design this so that the Manager would not be a member of the MSEA Board, but still have those powers and authorities that you've described? Commissioner Teele: Yes. Mr. Vilarello: Thank you. Chairman Regalado: Do you want -- 76 May 9, 2002 Mr. Vilarello: What else? There's another -- Chairman Regalado: Do you want to go ahead and vote now on the first reading? Commissioner Teele: Yes, yes. Chairman Regalado: OK. Ms. Chiaro: Before you vote, there's just one further amendment. In the title, as I read it, it designated the Executive Director as the representative to the Greater Miami Convention Bureau. That -- Commissioner Teele: That would retain -- that would remain. Ms. Chiaro: However, that is -- when the title was written, it was before I checked with the bylaws of the Convention Bureau, and that's inconsistent with the language that's in the body of this ordinance. In the body of the ordinance, the way it is written, it requires the Executive Director to attend all meetings of the Greater Miami Convention Bureau, but the bylaws of the Greater Miami Visitors and Convention Bureau specifically assigns the role of representative to the Mayor and Manager. And, so, by this ordinance, you can't make this -- you can't make the Executive Director MSEA -- of MSEA the representative. Commissioner Teele: Then let's, by this ordinance, designate him as an alternate. Ms. Chiaro: You can't do that either. Commissioner Teele: Their bylaws preclude it? Ms. Chiaro: That's correct. Commissioner Teele: Could you read me the language that their bylaws preclude this? Ms. Chiaro: I don't have -- Commissioner Teele: I heard what you said, that their bylaws contain, but I'm trying to focus on what their bylaws preclude. Chairman Regalado: Commissioner, can we -- let me ask the City Attorney. The City Commission designates the members of the Commission -- a member of the Commission to be the representative of the City on the Board. This -- Commissioner Teele: That's not what she said. Chairman Regalado: No, no. But this -- the City Commission designated me. I cannot attend because they hold the meetings at 8 a.m. At that time, I am working on the radio. Commissioner Teele: You've just solved their legal problem. Chairman Regalado: So, since I cannot attend, the City Commission can designate an alternate to attend those meetings, and that would be the Executive Director of Miami Sports and Exhibition Authority. Commissioner Teele: Mr. Chairman, respectfully, what she's suggested is that the bylaws of MSEA -- of the Sports and Convention Bureau, which I don't think trump the City Commission, parenthetically, but 77 May 9, 2002 their bylaws state that the representative -- that they accept as the official representative of the City of Miami is not `nary Commissioner. It's the Mayor and the Manager. And to the extent you have been serving, you are a usurper. Chairman Regalado: And -- actually, I didn't commit any crime, because I don't attend, and that's my problem. Willy Gort also attended, and Willy did attend -- for five years Willy Gort was the Commission representative on that Board, and they accepted him, and he voted there. So, they violated their own rules. So -- Ms. Chiaro: Let me try to fix this by further conversations with the Greater Miami Visitor and Convention Bureau. We'll leave this ordinance as it is, and when we come back on second reading, we'll have the language specifically resolved. Chairman Regalado: Tell them that they're in no position to try to, you know, make waves with us. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I don't want to get into this, but I think the City Attorney should take note of the fact that I do not think that a board like MSEA can dictate to this Commission who our representatives will be. Unidentified Speaker: He's talking about Greater Miami. Commissioner Teele: I'm sorry. Even the Greater Miami Convention Bureau can do that. Now, if that's by interlocal agreement -- if it were in the interlocal agreement, then, in my judgment, we've committed to that. But if it's in their bylaws, I think that's pure dictum, as far as I'm concerned, and we should pass a resolution for it to be what we want it to be. However, I think the Mayor is the appropriate person, but not the Mayor's staff. The Mayor, and if the Mayor's not going to go, then I think there should be a provision that a Commissioner can go. Ms. Chiaro: Yes, sir. I'll make sure the language is specific. Chairman Regalado: OK. Read the ordinance. Commissioner Gonzalez: I have a question, Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Actually, what we have is a board composition of 11 members, is that correct, Commissioner Teele? Commissioner Teele: Currently, that's correct. Commissioner Gonzalez: Each one of us, we are members of the Board. Plus, we have an appointee, right? Commissioner Teele: No, sir. The bylaws -- let me just say this. The MSEA Board composition now, that we have now, has been changed twice since I've been here. We changed it to create a position for the Mayor, when Mayor Suarez made the request. We did that in December of 1996. That was an 78 May 9, 2002 emergency ordinance that was done then. Because, remember, there was only four Commissioners and a Mayor, and then we had to add an additional person, and that's when we did the Mayor. We, subsequently, have changed it to allow Commissioners to self -appoint. Up until a year ago, only one Commissioner could serve, and that Commissioner was bound -- was obliged to be rotated among the various Commissioners. Given the transition and all the other kinds of things, it was felt that it would be fair to let any Commissioner self -appoint, but there is only one Commissioner who is there by virtue of a Commission vote designating him or her as Vice Chairman. And, so, currently, the Vice Chairman is designated as Commissioner Regalado. He is there as the Commission representative, but he gives up one of his two seats to do that. So, he's self-appointed. Any Commissioner may self -appoint, but if you self -appoint, you get one appointment. This ordinance would eliminate each Commissioner from appointing two people, but each Commissioner would appoint one person, the Mayor would serve, and each Commissioner could self -appoint. Further, there would be two additional persons that could be appointed at -large, given one or two, depending upon what the Attorney comes back with, that could be appointed at -large, but that would require five votes by all of the Commissioners. No one Commissioner would have the right to that. And the goal is to get the MSEA Board to a smaller size, and one that is a little bit better coordinated with the policies and goals of the City. I will also offer this, if this will be of any assistance: It would be my intent not to move this ordinance for second reading, unless and until the City Attorney had come back, and that we would provide a notice of that, and it would not be done overnight. In other words, I think the MSEA board members have individually said, in a workshop, they have concerns about this, but they also understand why it's being done, and they would like an opportunity to see if they can work closer with the City Manager, and with Mr. Nachlinger and others to better coordinate the vision of how any discretionary funds or excess funds would be used in the future. So, it would be my intent to await the outcome of their meetings and discussions with Mr. Nachlinger and Mr. Gimenez, our City Manager, before I move forward for second reading. Chairman Regalado: OK. Read the ordinance. Ms. Chiaro: The ordinance has been read, with amendments, as stated on the record. Chairman Regalado: OK. Madam City Clerk, roll call. Priscilla Thompson (City Clerk): We need a motion and a second on the ordinance. Commissioner Teele: I moved it. Chairman Regalado: It's been moved and second, by Commissioner Gonzalez. Ms. Thompson: Thank you. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE 11, DIVISION 6, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ADMINISTRATION, BOARDS, COMMITTEES, AND COMMISSIONS, SPORTS AND EXHIBITION AUTHORITY; TO CHANGE THE MEMBERSHIP COMPOSITION FROM 11 TO 6 MEMBERS, AND THE NUMBER OF YEARS PERMITTED FOR CONSECUTIVE SERVICES A MEMBER ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY, AND DESIGNATING THE EXECUTIVE DIRECTOR AS THE CITY OF MIAMI REPRESENTATIVE TO THE GREATER MIAMI CONVENTION BUREAU; MORE PARTICULARLY BY AMENDING SECTIONS 2-101 3 AND 2-1015 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 79 May 9, 2002 Was introduced by Commissioner Teele, 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: The other items, I'll defer. I think we have a real busy day. 80 May 9, 2002 15. DISCUSSION CONCERNING SECURITY MEASURES AT MIAMI RIVERSIDE CENTER (MRC) AND ELECTED OFFICIALS. Chairman Regalado: Thank you very much. I have two things that I want to touch very briefly on District 4 page, and then we have one item and then we go to the bonds, and we have a time certain around 6 on the PZ (Planning & Zoning) item. First item is discussion concerning security measures at the Miami Riverside Center, MRC. I have some concerns about the security measures and the way that it's handled. And believe me, this is not about me. I don't have any problems because I solved the problem immediately. I sold the sofa, as they say. I don't go there. But there is -- I'm told that there is a sign that says I -- "Picture ID (identification) required," but about 10 days ago, a gentleman from Argentina was in town for business. He had made an appointment with Juan Gonzalez to discuss investing around five million dollars in a property in Edgewater. This person does not live in the City of Miami and he brought his passport with him. When he went to go up the building, he showed his passport and the police officer told him that that was insufficient; that he needed to present a Florida drivers license, but that was a predicament for him because he doesn't live here and he does not have a Florida drivers license. Now, Vicky Garcia -Toledo was there. She overheard the conversation and she tried to convince the police officer that, you know, the guy needed to go up there, and at that time, I was told, Assistant City Manager Bob Nachlinger came down and she told him about it. He tried to vouch for him and the police officer told him that he needs to have assurance from the City Manager's Office. I don't know if that is the case, Bob. Bob Nachlinger: Bob Nachlinger, Assistant City Manager. I heard about Mariano's -- Chairman Regalado: No, no. OK. Never mind. Mr. Nachlinger: Ah, the Argentinean. Chairman Regalado: Yes, the Argentinean. Mr. Nachlinger: I had a long discussion with the police officer on duty in trying to get them to understand that a passport was certainly better than a driver's license, because clearly, you could travel all over the world with passport, and a Florida drivers license doesn't get you very far. Chairman Regalado: Well, let me tell you -- thank you very much, Bob. Vice Chairman Winton: But -- excuse me one second. Bob, what -- you're saying that you had personally the discussion with the police officer. Mr. Nachlinger: Yes, sir. Vice Chairman Winton: No hearsay. You heard -- you had the discussion with the police officer. Mr. Nachlinger: I tried talking directly to -- Vice Chairman Winton: -- trying to convince him that a passport was acceptable? Mr. Nachlinger: Yes, sir. Chairman Regalado: According to United Nations protocol, the only international document that is recognized for identification purposes is a passport. There is no other -- no international driver license. It 81 May 9, 2002 doesn't exist. No, you know, baby pictures, no drivers license. The only -- according to the protocol of the United Nations, the only acceptable ID is a passport of any country. Any country. A passport. Well, it turns out that the Argentinean decided to leave. So, you need to add five million dollars to the cost of security after September 1 lth. So, I was telling you this is not about me. The other incident -- and we need to -- and the reason I'm bringing this is because we need to, you know, be sure that if you require -- if you want to require a drivers license, you have to say there, you need to have a drivers license. You do not need to say ID, picture ID requested and then say a drivers license is the only thing that we would accept. Because I figure that a United States Armed Forces veteran with an ID, that is accepted in any VA (Veteran's Administration) Hospital, in any military base, would be able to use that ID as form of identification, if it's requested in a federal building, City building, County building, when it says picture ID requested. So, a United States Armed Forces veteran was prohibited from going into the MRC building because he only had the Armed Forces veteran's ID, the picture ID. So, like I said, this is not about me. I wish to -- so, there are many Regalados out there. So, I'd like to introduce Mr. Mariano Cruz Regalado, who had this problem, and he would tell us, if he did show a picture ID -- Mariano Cruz: I have it right here. It's accepted -- it's a universal card all over the world. Any Veterans Affairs Hospital. You can go all over the world. Go to Hawaii, Alaska, any place. And give you my medical history. Everything is there. And this is what they asked. They say valid identification -- valid picture identification. They say what happened that day, Monday, the 291h, somebody drove me to the MRC building. I had business at the Parks Advisory Board -- at the Parks Department and the Civil Service, 7th floor and 8th floor. And when I got there, it surprised me that I didn't see security there. I mean regular security guard, because that's what I read in the article by Mr. Corral over there, you write that security-- the police officer would be taken away and there would be security. Well, there were two police officers and I name Officer Blanco and officer -- lady officer and Officer Luis. And they were -- it was about 10:15 in the morning I get there and I arrived there, and I didn't drive because I had surgery, somebody drove me there. I look at him and gave him, like VA, the Post Office, with the security they got, they accept this at the Post Office, with the anthrax and the bombs and the whole thing, they take this. The officer say, "No, we don't take that." "How come?" He say, "No, it's got to be a (UNINTELLIGIBLE)." Mariano Cruz, Cruz, 1227, 26th Street. But he say it had to be a Florida drivers license. I'm not driving today. I don't bring my paper with me. I don't carry it at all times. If I am driving, I carry my drivers license. If I'm not driving, I don't want to carry. So, he say, "No, you cannot go upstairs." "How come?" OK. He say, "Well, let me call the City Manager then, see what's going on." I call the City Manager and the City Manager wasn't there, but Mr. Nachlinger came down. He was very gracious. And a lot of people there (UNINTELLIGIBLE) they saw me -- they talked to the officer. No, nothing. They didn't budge. Even Mr. Nachlinger came down and say, no, no, I don't want you. I want the City Manager here. Then I asked the officer, "Who is your boss?" He say, "Oh, my boss is Major Manresa." He say, "Oh, Jorge Manresa, fine." Let me go. I use 416-1025 to call the City Manager. Then I used 579-6565 to call Raul Martinez, the Chief, and they put me there. They say -- and I explained what was going on. They -- after a while, (UNINTELLIGIBLE) Major Manresa came on the phone. No. I want to make sure it was you. No. He have to talk to me to make sure it was me. That Mariano Cruz was Mariano Cruz. I don't care what kind of (UNINTELLIGIBLE) was that. But to confirm my ID or something. And then he told -- he say, give the phone to the officer, Officer Luis. And Officer Luis talk and he say, "OK, sign now and go up there." Why (UNINTELLIGIBLE) if I'm doing business -- I even give him my business card from the Parks board. Everything was there. What else do I need? It doesn't -- a federal card from Veterans is more it supersedes all the local regulations in a way; this is not valid. And I also question the misuse of police resources because what were they doing? Two police officers there. Here, this morning, Mr. Gonzalez was questioning that he need police in Allapattah, right? Vice Chairman Winton: Can we stick to the subject, Commissioner Regalado? You know, the subject is not about why they have two police there. It's what the procedure is. 82 May 9, 2002 Mr. Cruz: Well, I am (UNINTELLIGIBLE). Vice Chairman Winton: I mean, by the time -- Mr. Cruz: I am putting this together -- Vice Chairman Winton: -- Mariano is done, we'll have the -- be talking about why we have an administration building. Chairman Regalado: Yes. Mr. Cruz: This morning I listen to 200 children that don't even live in Miami talk about this and that don't even pertain because traffic regulation is County and state and nobody said anything here. And we all listened to it, for this pertains to this here. I am a taxpayer in the City of Miami and I use my time to come here. Vice Chairman Winton: Well, so am I. So am I. Mr. Cruz: I know, but I use my time to come here. It's up to the chairperson of the meeting is Mr. Regalado. Vice Chairman Winton: OK. Chairman Regalado: And the reason I requested Mr. Cruz is because -- like I said, I don't think that people will see this personal because I don't have a problem, but I'm concerned because I think that we can either do two things: We can either have the City Manager available from 9 to 5 to vouch for every person in the lobby or we can say to the police officers there, you know, if you ask for drivers license, then, you know, let's place a sign that says only -- valid drivers license would be accepted as ID. Or tell the police officers there, off-duty police officers, that, you know, they need to understand that a passport is a valid ID and that a picture ID is a picture ID. That's all. And many people have to go to the MRC and I'm sure that we do not want another -- you know, not that the Argentinean is more important than Mariano. Both are as important to the City because, after all, that building belongs to the people of Miami. Mr. Cruz: Right. Chairman Regalado: But this guy, you know, I wish to listen to him when he comes back -- he goes back to Buenos Aires talking, "I mean, those people there are crazy. I mean, they won't let me invest my money. So, I guess I'll go to -- I don't know -- Aventura or Broward to invest the five million dollars there." So, Mr. Manager, that's all. That was my purpose in trying to convey to you that, you know, you need to specify -- if you guys are going to give an order, make it clear. That's all. Carlos Gimenez (City Manager): Mr. Chairman. Vice Chairman Winton: Well -- Mr. Gimenez: Mr. Chairman, all I can say is that you can't dictate common sense sometimes, and obviously a passport is much better than any drivers license anywhere. It's accepted -- you can go anywhere in the world with a passport. And you're right. So, you know, I have no answer for you. That person should have been allowed through. That's as good as anything there is. As far as Mr. Cruz is 83 May 9, 2002 concerned, you have a valid ID, you should have been allowed also. I will say, though, that, you know, the police officers are no longer at the MRC. We have a private security firm that dictates or how they -- the security measures are operated at the MRC, though, are underneath the Police Department in terms of the Police Chief and everyday we learn something new, and there's a twist. Unfortunately, we can't think of every nuance and something that may be valid and some -- you know, some officers, and maybe even these security officers, are going to look at their guidelines to see what is valid and what is not. Chairman Regalado: But what I'm asking -- all I'm asking is to give them guidelines. Mr. Gimenez: Yes, sir. Chairman Regalado: I understand. I understand. Look, I worked with the White House. The security at the White House is the major leagues. This is less than minor leagues compared to the Secret Service. So, I understand. You know, I understand all the hassle and all that. I just want you to give them some guidelines so anybody will not be stopped unnecessarily. Mr. Gimenez: You're right. But I also think that part of the problem was the fact that the guidelines may have been too specific and not broad enough and maybe they were following those guidelines. And it doesn't say passport. It just says this. I can't let somebody in with a passport. We have -- as we go further along in this, we'll refine it and make sure that these kinds of problems get resolved and, hopefully, we don't have this kind of situation again. Chairman Regalado: Thank you. Mr. Gimenez: Sorry. Please accept my apology for the problems that you had. Mr. Cruz: No problem. No problem. Chairman Regalado: Thank you. 84 May 9, 2002 16. DISCUSSION CONCERNING GARAGE SALE PERMITS. Chairman Regalado: The other item. I'll be quick. The garage sale permits. The other day we discussed that, Mr. Manager, and after that, there was an email. I thought that we were going to sort of reduce the rates, but, you know, the reason I'm bringing this is only for one reason. Most of the people that do garage sales do not have a permit. If I -- I have asked last weekend, in the Shenandoah area, three families were doing garage sales. I got down and I spoke to them because I want to make sure. And they didn't know about the permit. I told them about the permit and they said that they would have gotten a permit if they had known and they were really -- they were really scared about being fined, because not getting a permit. On your emails you had some cities that charge, because you asked how much is charged by this and by that. The list that you provide is short. So, I'll be fast and brief. Hialeah, no charge. Hialeah Gardens, no permit required. Key Biscayne, no permits required. Miami -Dade County, no permits required. Miami Springs, no permit required. North Bay Village, North Miami Beach, South Miami, Sweetwater, Virginia Gardens, no permits required. Biscayne Park, five dollars; Coral Gables, thirty dollars; Homestead, one garage sale is free; Miami Beach, twenty dollars; Miami Shores, five dollars; North Miami, ten dollars; Surfside, ten dollars; West Miami, five dollars for four garage sales in a year. And, you know, I don't know how much money we make on the permits. Carlos Gimenez (City Manager): It's -- we ask that it's negligible. Chairman Regalado: Well, but my point is not that one. My point is that we should encourage the people to get a permit. And in the permit, we should ask the property owners to make a commitment of picking up the signs that they place around the neighborhood after they're done with the garage sale, because the worst thing about garage sales are the signs that they place with rocks and boxes in the medians on 27th Avenue, in -- even in U.S. 1. I've seen it. Seventeenth Avenue. And then, you know, come Monday, these signs and these boxes are still there and it's really an eyesore. So, my idea placing this is, first of all, to tell you that of the 31 municipalities in Miami -Dade County, including the County, 27 do not charge for garage sales permits. Although, they require permit because precisely, they want the people to pick up those signs that they illegally place in the public right-of-way. So, that was my -- Mr. Gimenez: Mr. Chairman. Commissioner Gonzalez: Mr. Chairman. Mr. Gimenez: We will -- we're going to come back to you with a recommendation to amend the code so that it becomes -- that garage sales become, you know, no charge. We still do want to issue permits because, apparently, the whole issue of the permits was that people are -- some people were actually having like flea markets in front of their house every weekend. And so, we want to be able to track the number and only have a specified number of -- give you -- the right to have a specified number of permits -- of garage sales per year. But in terms of the revenue, there is none. I mean, per se. And maybe by having a no charge, you'll get more compliance with permit process. Chairman Regalado: Thank you. 85 May 9, 2002 Mr. Gimenez: So, we agree with you. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Also, not only some people have flea market in front of their house, but they also obstruct the sidewalks with these garage sales and I believe that we need to use more code enforcement in this area, because there are some areas on Saturdays and Sundays that you cannot walk on the sidewalk. You have to take the streets in order to walk in the neighborhood. Chairman Regalado: Thank you. Commissioner Gonzalez: So, definitely, we need to address this matter and take some action on it. Chairman Regalado: Thank you. I'll defer my other item for May 23rd, because we have many things that we have to discuss. 86 May 9, 2002 17. APPROVE ASSIGNMENT OF CITY COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN CITY AND VICTEC ENVIRONMENTAL SERVICES, INC. TO WORLD ENVIRONMENTAL SERVICES, INC. Chairman Regalado: And there is a resolution that we need to do. There is a lady that has been here. It's item number 3 is the approval -- the assignment of the City of Miami Commercial Solid Waste Non - Exclusive Franchise Agreement. It's item 3. Vice Chairman Winton: Is this a new all-time record? It's 5:11 and we're finally getting to the agenda. I think this is a new all-time record. Chairman Regalado: We're getting there. We're getting there. No, we've done the blue pages. Arlene, go ahead. Sorry you have to wait, but -- Martha Seroza: Thank you. Good afternoon. My name is Martha Seroza. I'm with the World Environmental. My address is 4701 Northwest 35th Avenue. Chairman Regalado: And you're seeking from the City to -- Ms. Seroza: Yes, to -- Chairman Regalado: -- transfer -- Ms. Seroza: Yes. To operate the -- to take over VITEC license. I'm ready, willing and able to do business. Chairman Regalado: OK. Mr. Manager, this was placed by your -- in the item -- in the agenda Clarence Patterson: Mr. Chairman, Clarence Patterson, Director of the Department of Solid Waste. This item, as you know, was pulled on the last meeting. Commissioner Teele asked that we have a public hearing when we do these. The non-exclusive franchise agreement, the assignment of those agreements, have to be approved by this Commission. That's the way you set up the non-exclusive franchise agreements. This applicant has met all of the requirements of the RFQ (Request For Qualification) that all of the 18 other haulers, who have that franchise agreement. So, all of the material that we need is in order and it's been checked out, and we would so recommend the assignment. Chairman Regalado: OK. This is a public hearing. Commissioner Teele: Mr. Chairman, I need to just inquire of one thing. Mr. Director. Mr. Patterson: Yes, sir. Commissioner Teele: The ordinance that is -- that we have before us is an ordinance from '90 -- '85. 1 thought we changed the ordinance two years ago. Maria Chiaro (Assistant City Attorney): What you have before you is a resolution assigning this agreement. Commissioner Teele: OK. Let me just be very brief and understand what we're doing. We went out for a RFP (Request for Proposal) -- 87 May 9, 2002 Mr. Patterson: RFQ. Commissioner Teele: RFQ in which it was an open RFQ and everybody complied. When -- how long is that RFQ good for? Mr. Patterson: The RFQ was just for the qualification. Commissioner Teele: Mr. Director? Mr. Patterson: Yes. Commissioner Teele: How long are the people that we selected under that RFQ -- Mr. Patterson: Five years. Commissioner Teele: So, when is that period of time? Mr. Patterson: Three years more to go. Commissioner Teele: Are we creating a secondary market here? Mr. Patterson: I don't understand what you mean as secondary market. Commissioner Teele: Mr. Rollason, I have a concern -- not about this application, but I have a concern about a secondary market that may have been created unintentionally. And I'd like you to look into this. And that's number one. And number two, we said in that ordinance that we would publish -- Mr. Rollason, we said in that ordinance that we would publish the names of the qualified vendors under that RFQ and their addresses. Can I be assured that once we do this, that the -- that there will be notice and publication of all of the eligible vendors and their phone numbers or addresses or whatever? Because this is what's happening. There is a secondary market being created, whether you know it or not. Because there are new people wanting to come in. We're giving fines now to people who are using these new people, and they can't use them under our ordinance. And I agree with that. But the new people are trying to lower the price, of course. So, you know, we -- at lease on my part, I've inadvertently created a second -- seen a secondary market -- participated in that, and that gives me great trouble. I know that Commissioner Sanchez worked hard on this. But at a minimum, I think to protect the public, we need to publish this and we said we would publish this annually, the list of vendors that people can use to pick up garbage. Johnny, this is not a big problem in your district, because you've got 55 percent -- or most of them in condos. But to businesses that are out there, especially in Angel's district and my district, where business is looking for ways to cut corners, by creating this list -- and that's a good thing. And I think we have to have a list. And having a five-year, as opposed to a two-year or a three-year, what we've done is, we've created a secondary market where people are beginning now -- the only way they can get in is they've either got to buy somebody something or, you know, do the kinds of things and that's -- and I'm not objecting to this. I think this is great. I just want to make sure that we're publishing the list with all the names, which is what everybody in the business is going to want, but I'm also suggesting that we ought to look at whether or not we ought to shorten the period of time and go out sooner with a -- because I'm more interested in providing the benefit to the businesses in my district, particularly the residential businesses, as opposed to the dollars we can get from the fee. You know, if it's a question of how much money we get, we obviously get more money with a five-year deal than a two-year deal. But I'm more interested in a shorter period and letting the benefit be through and open entry and in the market place 88 May 9, 2002 than to have a long period of time and then see these numbers rising. Thank you very much. And I'm supporting this. Chairman Regalado: OK. All in -- do we have a motion? Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved by Commissioner Sanchez. Commissioner Teele: Mr. Chairman, would you allow the lady just to state her name and address for the record? Chairman Regalado: She did already. She did already. And she -- Ms. Seroza: Yes. I'll say it again, if you want. 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. 02-529 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ASSIGNMENT OF THE CITY OF MIAMI COMMERCIAL SOLID WASTE NON- EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI AND VICTEC ENVIRONMENTAL SERVICES, INC. TO WORLD ENVIRONMENTAL SERVICES, INC., CONTINGENT UPON SUBMISSION OF ALL SUPPORTING DOCUMENTS REQUIRED BY THE NON-EXCLUSIVE FRANCHISE AGREEMENT. (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 Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Ms. Seroza: Thank you, gentlemen. Chairman Regalado: It passes. Thank you. Thank you very much. 89 May 9, 2002 18. SHIFT RANK ORDER OF ADMINISTRATION'S LIST OF PRIORITIES TO BE FUNDED FROM FIRST SERIES OF LIMITED TAX GENERAL OBLIGATION BONDS BY MAKING NUMBER ONE PRIORITY IMPROVEMENTS TO NEIGHBORHOOD FIRE STATIONS, NAMELY UPPER EAST SIDE AND CORAL WAY FIRE STATIONS. AUTHORIZE MANAGER TO ISSUE $750,000 LOAN FOR IMPROVEMENTS FROM UNALLOCATED CAPITAL IMPROVEMENTS FUNDS TO SEWAGE SYSTEM AT VIRGINIA KEY BEACH PARK TRUST, PURSUANT TO REMAINING BALANCE OF ALLOCATION OF $5,000,000 AND UPON ISSUANCE OF NEXT ROUND OF DOLLARS. APPROVE ADMINISTRATION'S LIST OF PROJECTS TO BE FUNDED FROM FIRST SERIES OF LIMITED TAX GENERAL OBLIGATION BONDS WITH TWO AMENDMENTS. Chairman Regalado: Bond issue. Mr. Manager, you have distributed the list and information. Let's start. We have PZ (Planning & Zoning) items after this, and then some of the agenda items. Mr. Manager. Carlos Gimenez (City Manager): Yes, sir, Mr. Chairman. After our workshop yesterday, we have, you know, redone a list, and on the advisement and on the consensus that was reached yesterday, we have on the first sheet that you should be looking at is a sheet called citywide projects, and the projects of Little Haiti Park at twenty million dollars; the Orange Bowl -- I'm going to do a floor amendment and change that from thirteen million to sixteen million dollars, and then Flagami Storm Water Mitigation at ten; downtown infrastructure improvements at ten million, and then Bicentennial Park improvements at three million, for a total now of fifty-nine million dollars. Concerns of the district projects and the district priorities for District 1, from the bond we have allocated neighborhood quality of life improvements, five million dollars; neighborhood park improvements of five million dollars, and then of the unallocated, there should be -- there will be a commitment -- a resolution of intent that says that there will be ten million dollars of unallocated CIP (Capital Improvement Projects) monies allocated to District 1. We are not ready to say what that source is because the different projects may have different funding sources. They all really depend on what the project is, and these projects do have -- the monies are restricted to certain categories. So as those projects come online, we will access the appropriate line item for up to ten million dollars. The -- for District 2, we have the FEC (Florida East Coast) Corridor improvement from the bond of three million dollars; the Grand Avenue improvements of three million dollars from the bond; Margaret Park Pace (sic) improvements of one million dollars, and neighborhood quality of life improvements of three million dollars, for a total of ten million dollars. For District 3 -- actually, District 4, for the Chairman's district, we have -- from the bond we have four point nine five millions of neighborhood quality of life improvements. And, actually, that's the entire five million, because there is another neighborhood quality of life improvement of fifty thousand dollars, which is something which the Chairman --which was a water truck to make sure that all the greenways, et cetera, in that district were properly maintained. So, that's a total of five. Neighborhood park improvements of two point five million dollars; the reconstruction of Southwest 16`h Terrace is a million dollars, which will be taken out of unallocated CIP money; neighborhood gateways of eight hundred thousand from the bonds; street and curb improvements of five hundred thousand dollars, which will be taken from the unallocated CIP projects; twenty-five traffic circles, which are three hundred thousand, also taken from the unallocated, and then, finally, I already spoke about the neighborhood quality of life of fifty thousand dollars, for a total of 10 million -- ten point one million dollars. For Commissioner Sanchez' district, we have Calle Ocho improvements from the bond of three million dollars; we have neighborhood park improvements of four and a half million dollars; neighborhood gateways of eight hundred thousand dollars; Historic Preservation, the relocation of Miami High -- the original Miami High of two hundred fifty thousand; neighborhood quality of life improvements, as the Cuban Memorial Drive P&E (Project & Environment) Study of sixty thousand dollars, which there was a resolution passed already on this issue; traffic circles 90 May 9, 2002 of six hundred thousand dollars, again, coming from neighborhood quality of life improvements, and Beacon Boulevard enhancements, another neighborhood quality of life improvement of four hundred and eighty thousand dollars, and finally, a -- just the overall category neighborhood of life improvements future projects of three hundred and ten thousand, for a total of ten million dollars. For Commissioner Teele's district, I've got one more floor amendment on his particular district. He's got neighborhood quality of life improvements of five million dollars coming from the bond; neighborhood park improvements of three million dollars ($3,000,000) coming from the bond. And I will suggest that we increase from Model City infrastructure improvements from two million to three million because this -- we need these improvements in order to incentivize and make sure that this project comes online. And this -- and with the creation of the trust, et cetera, we believe that they're going to need to access this money within the next three years. So, I'm suggesting that goes to three million, for a total of eleven million dollars from Commissioner Teele's district. And so, finally, the total of -- would be actually sixty four million, one hundred thousand, if my math is correct, from the bonds. Citywide and the bonds and -- I'm sorry. And district -wide, your total will -- from the bond program, will go up another four million dollars, so you'll be at one oh eight three. On the final page are a listing of the administration's recommendations and priority rankings. And what I mean by this is that on the final -- on the third page - - third or fourth page. Fourth page. On the fourth page of your packet, the City Manager's recommendations, priority ranking. Now, in that -- what I mean by that is that since we don't know exactly how much we are going to be able to access or actually issue on the first go round, that we figure conservatively a hundred and ten million, when it could go up to a hundred and twenty-five, that if you accept this priority ranking, then as these monies become available, then the first two point five goes to homeland defense, the next one goes to park, the next one goes to the neighborhood fire stations and on down the line, until basically we find as much as we can in that priority order. Commissioner Teele: Where is that document? Commissioner Sanchez: It's the last page. Chairman Regalado: It's on your page -- Commissioner Gonzalez: I have a question on the City Manager's recommendation priority ranking, and it's in reference to the police training facility for which, supposedly, the voters approved ten million dollars, correct? Mr. Gimenez: Yes, sir. Commissioner Gonzdlez: And you're making an allocation here of two million dollars. We -- on the argument of discussion this morning, the training facility site came up as part of the exchange among the Commissioners and the Police Department. I know that we have been looking at different sites, and we -- I know that the City's very active in at least establishing what kind of a facility we want to build, and establishing the location, and I'm sure that they will probably -- are going to need some pre -development money to do the feasibility studies and to do many studies that you have to do whenever you are going to get involved into any kind of these projects. So, I would like to know, Mr. Manager, are we going to be assigning any money right away to the Police Department, so at least they have some funds available to continue doing their research, their studies, their planning? Mr. Gimenez: That depends on how much we issue. If it gets to -- the way that I've explained it, if it gets -- if we have enough money to fund those two million dollars, depends on how much we can issue, then, yes, but if we don't get to that point, then, no. That will be the second go round. They won't have the money available to do those kinds of things at this time, if you accept my recommendations and my priorities. 91 May 9, 2002 Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: I apologize. Are you done, Commissioner Gonzalez? Commissioner Gonzalez: Well, I hope that we find the money, because all of these issues are important issues. And I know Commissioner Teele has a special interest in building a state-of-the-art training facility in the City of Miami, not only for our police officers, but a type of international training facility, and I think it's going to be a very important project. So, what I would like to see is that one way or -- you know, if we don't get all the money, that at least from whatever amount of money that we get that we assign, you know, certain amount of money to the Police Department so they can continue to do their project -- their studies. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, just for point of clarification. The police training facility of two million dollars, is that land acquisition or is that the whole facility? Mr. Gimenez: No. I believe that that would start the funding of, you know, looking at a site and doing some studies on it. And if we have targeted some kind of a site, to do some preliminary, you know, work on it. Unfortunately, you know, there's just so much here. Commissioner Sanchez: I understand. Mr. Gimenez: And also, you know, from yesterday's workshop, we got the indication that -- at least maybe not a consensus, but the majority of you all didn't want to put the whole ten million dollars into the police training facility right away. So, that's why we -- Chairman Regalado: You -- that's what some of the -- most of the Commissioners said, that you -- they don't want or we don't want the ten million dollars immediately, but some money for that acquisition. That's all. Commissioner Sanchez: Mr. Chairman, it's just to focus on -- I think the first thing that we need to do is acquire the land because everyday the land is there, the price is going to get higher and higher. So, I think it makes sense to purchase the property as quickly as possible, and I understand that we're counting on a hundred and ten million dollars now. It could be anywhere from -- I'm being optimistic. I think that we will probably get a return of more than a hundred and twenty million dollars -- a hundred and ten million dollars, which will probably be in the ballpark figure, according to the experts, of maybe one twenty-five or one twenty. What I want to put on priority wise -- and it was with the voters voted on, according to the Homeland Defense Bond Issue -- was that if -- you know, we've put out exactly what the priorities are for our districts, and what we put out already and given you guidance. And, you know, I'm not going to be the one who's going to be here changing on the issues, because I think we need to do this as quickly as possible. But I'll tell you this much. You have two issues here or two projects that I consider to be of paramount -- I mean it -- paramount, of great importance; that is, one is the fire stations, both on the Upper Eastside and the Coral Way. I'm baffled that it's numbered third on your priority list. I would like it to be number one. If we do go over the hundred and ten million dollars -- I mean, this is something that, once again -- I've stated very clearly -- this is going to be a fire -- a rescue station to provide service, cutting down on response time, where you're talking about a second making a big difference, especially when we have these two areas that we have a large percentage of people are older residents that will 92 May 9, 2002 provide from this service. I guarantee you that if there's one remedy or one thing that we use to sell the bond or get the voters to support it was to provide service, of course, both on Police and Fire, and on the Homeland Defense priorities. So, I would like to just, for the purpose of discussion, put forth that if -- Commissioner Teele: I'd rather you not. You know what? We're going to discuss everything. Make a motion. I'm going to second it. Commissioner Sanchez: OK. Commissioner Teele: The easiest way to do this is to make your point. Make a motion and then discuss it on a motion. And I may not vote for it. But let's try to bring these things to action items. Otherwise, we'll discuss them. Your motion is -- Commissioner Sanchez: My motion -- Commissioner Teele: -- as I hear I, is to move the -- Commissioner Sanchez: My motion is that if we have -- if the bonds come back, that it's more than a hundred and ten million dollars and we have the money, based on priority, the first thing that should be funded are these two fire stations. Commissioner Teele: Of four point five million dollars? Commissioner Sanchez: Yes, sir. Commissioner Teele: I second the motion. Chairman Regalado: OK. We have a motion and a second for discussion. Commissioner Teele: For discussion, let me say why. What I would assume that we're going to do, Mr. Attorney, is convert the Manager's document entitled "Priority Ranking." These are the ones over and above a hundred and ten thousand-- a hundred and ten million, is that right? Mr. Gimenez: No. It's -- the first -- there is a gap now of about one point seven, between what the district priorities are and -- so, we have one point -- we believe there's one -- conservatively, one point seven for this, but we also believe that if our estimates are right, that we can get to a number of these projects, depending on the issuance, sir. Commissioner Teele: Let me ask the question again. Let me ask the question again. The total list -- and I reject the notion that those are district priorities, because we agreed yesterday that they're citywide priorities. Mr. Gimenez: Yes, sir. And I'm sorry. Commissioner Teele: We a greed that that -- the only district priorities that are in this bond issue, that I've read -- and I've read it four times now since the meet -- since that meeting yesterday. The only thing in this bond document, OK -- and I'm going to say this because, Mr. Manager, I think you all are playing real foot loose and fancy free. There's only one ordinance, there's only one resolution, one referendum, Mr. Attorney, and that's the one that the Clerk -- the Clerk, I assume, passed out to everyone today. And I would ask us, so that we don't have a disagreement, that we all agree to abide by the ordinance and the vote, because once we get away from this, it's the law of the jungle. And one of the reasons that I support 93 May 9, 2002 in having a bond oversight is we're getting ready to create a jungle. And I'm telling you, Mr. Manager, you've got items in this list that are not on this ordinance -- that are not in this ordinance. And unless they are a part of the five million dollars per district, under quality of life, I would respectfully suggest and request that you remove all items that are not contained in the ordinance that was voted upon on the referendum. And I'll tell you. If we deviate today from the ordinance and the vote, we basically are going to create pandemonium. And I do know that the County -- City Attorney may have opined to his own detriment that we can change this ordinance, which we can, but we have not changed the ordinance. And until we change the ordinance, we are obliged to live within this ordinance, is that correct, Mr. Attorney? I'm not taking exception that we can change the ordinance, but we've not changed the ordinance. Alejandro Vilarello (City Attorney): That's correct. And if you were to allocate different than this ordinance provides, it would ultimately require a modification to that ordinance. Commissioner Teele: And what we agreed on -- and if you read the debate and the discussion, we all agreed on one thing: That the most -- one of the most significant bond referendums in recent times, one of the few that's passed was the parks bond -- What was it, the -- Vice Chairman Winton: Safe Neighborhood. Commissioner Teele: The Safe Neighborhood Parks. Everybody understands it. It was a list of projects. I was shocked to hear one of my colleagues to say that the -- that maybe some segments of the community didn't have the list, but I've confirmed again that it was published in every newspaper. And each park that is to get money is listed here in this ordinance. And so, I'm having a lot of concern trying to read between the lines, Mr. Manager, because with all due respect to the Chairman, whom I respect, and I'm not going to accept -- take exception from any project that he wants in this end. I want to know how does the Chairman get -- and it's not personal -- but how does, under that -- how do I say this? Vice Chairman Winton: (INAUDIBLE COMMENTS) Commissioner Teele: Yeah. Vice Chairman Winton: (INAUDIBLE COMMENTS) Commissioner Teele: On page 3, the top item there, how does there -- how can there be -- under neighborhood quality improvements, how can there be four point nine million dollars? Mr. Gimenez: Because everybody gets five million -- every district gets five million dollars. Commissioner Teele: That's fine, and I agree with that. Then show me the 25 traffic circles in the bond ordinance. See -- Mr. Gimenez: That's coming from the unallocated CIP. Commissioner Teele: You know, this Chairman has figured this thing out. I withdraw all my comments relating to the Chairman, because he's figured this thing out. But I stand by my comments that we cannot approve -- because this is the problem that we've got. All two hundred and fifty-five million dollars were earmarked -- Mr. Gimenez: Yes, sir. 94 May 9, 2002 Commissioner Teele: --of projects? Mr. Gimenez: Yes, sir, they were. Commissioner Teele: So, you can't start creating projects -- Mr. Gimenez: I have -- sir. Commissioner Teele: No, no. Listen to me. I'm saying this as a matter of policy. However, there is flexibility for any Commissioner to do projects under the five million dollars of neighborhood improvement, which is a broad flexibility. Mr. Gimenez: That's correct. Commissioner Teele: And I mean, I'm all for that. But I do think that we need to be extremely careful in the allocation. Now, your number totals what? Mr. Gimenez: Total number for the bond, for the -- was 1083 -- 1083, and then there is the priority list behind that. Commissioner Teele: OK. But why does my number say 1043? Mr. Gimenez: Well, because there were some floor amendments that I added. Vice Chairman Winton: He introduced the floor amendments at the beginning of the discussion. Commissioner Teele: OK. Mr. Gimenez: On your first sheet, citywide projects increased the Orange Bowl from 13,000,000 to 16,000,000. And in the third sheet, under user, I increased the Model City infrastructure improvements from 2,000,000 to 3,000,000, and gave reasons for that. And so that increased the -- it increased it another 4,000,000 on the bond side. Commissioner Teele: That was 3 -- Mr. Gimenez: From 2 -- Commissioner Teele: For Orange -- Mr. Gimenez: Right, it was 3,000,000 for the Orange Bowl, the full allocation of the 16,000,000. And then on the Model City infrastructure improvements, which I believe the total for that is 6,000,000, I'm requesting that we allocate three instead of 2,000,000. Commissioner Teele: Yeah, but the increase of that is 1,000,000 -- Mr. Gimenez: Plus the 3,000,000. Commissioner Teele: -- and the increase of -- so that's four. Mr. Gimenez: That's correct. So, you add 4,000,000. So it's 1083. 95 May 9, 2002 Commissioner Teele: I stand corrected. You're corrected. I accept your explanation. And I'm clearly lacking sleep. Well, I would just like to go to the point that Commissioner -- and I'm glad you restored the full amount for the Orange Bowl. And I'd like to come back to that in the end of the discussion. But I think we've got a real credibility problem, if we don't do what Commissioner Sanchez just did, and we don't do even more of that. The name of this bond is the Homeland Security and Neighborhood Improvements, Capital Projects and Infrastructure Improvements. I think, you know -- I know that I was criticized by Mr. Putney, and I hold him in high regard when he's not criticizing me. But in my mind, I knew and I still feel that the greatest opportunity this City has today is to correct a lot of the things that have happened in the black community, particularly by better training of our Police Department. And more important than that, as a result of the Summit of the Americas, as a result of the Mayor's meeting or conference with mayors and, more particularly, as a result of the AID sponsor -- and, you know, because it's not a political thing, nobody talks about it. But because AID -- and the State Department sponsored an international meeting of Police Chiefs here. What was it, two years ago or three years ago? Two years ago. All of the Police Chiefs of every city in this hemisphere, or most of the chiefs in every city in this hemisphere -- approximately, how many chiefs were here? Raul Martinez (Chief of Police): Commissioner, I really can't -- Commissioner Teele: Over 500 or so -- Chief Martinez: I'd be guessing, but I really can't recall. Commissioner Teele: -- were here. And, in fact, major crimes were even solved as a result of those informal contacts. I understand there was a situation in Panama, where we had had a murder in a hotel -- Mr. Martinez: Yes, sir. Commissioner Teele: And so, these relationships are important, but Johnny and Commissioners, the City of Miami could very well become one of the training centers where police come to learn best practices. They don't have the equipment, the state-of-the-art equipment. I am going to be proposing later on tonight, for consideration at the next meeting, a formal resolution that will create a planning Commission for this facility. But I want to break the code. I'm going to call for at least four member-- people to be on the Commission, along with the Police Chief, who should chair it. One of the people will be the former head of the DEA (Drug Enforcement Agency), who lives in South Florida. What's his name, Cash? Mr. Martinez: No, it's Jim Milford. Commissioner Teele: Tom Murphy. One of the members will be the top U.S. Marshal, the guy appointed by the President and confirmed by the Senate as the U.S. Marshal for the entire United States, a guy name Eddie Gonzalez -- Eduardo Gonzalez, who lives in this community. He's now retired. But he was the U.S. Marshal for six years, over all the U.S. Marshals, and I think we all know how important U.S. Marshals are and how many there are. Every federal judge has got a U.S. Marshal's service in attendance to carry out their orders. We also have former FBI (Federal Bureau of Investigations) agents that are here. And, most importantly, we've got a former United States Congressman, who's a Cardinal, by the name of William Laymen. Bill Laymen was the former Chairman of the Appropriations Committee of Transportation, and all committee chairmen -- subcommittee chairmen are called Cardinals, and Cardinals have lifetime rights. Johnny, the Congress and the President just created an agency called the Transportation Security Administration. This agency is going to have over 10,000 employees with badges and guns under the Department of Transportation. They're going to take over all the airports. They don't have a training plan. Those people are all going to have to be trained. If we get on our business, if we go out here and work through Congresswoman Meek and through the Senate delegation, 96 May 9, 2002 I'm telling you, folks, we can create -- and we have a moment in history that we can develop a training center that will be second to none, outside of the FBI Headquarters or FBI Training Facility in Kawanico (phonetic), and that, to me, is a standard. And so, I just want to suggest that what Commissioner Sanchez is doing by moving the fire up is consistent with the title of this bond issue. We have an obligation so that when the bonds are first issued, that this isn't all about communities, and homeland security, and the training issues associated with this don't get anything. We all talk about New York. We know that was about Fire and Police. And so I'm going to be trying to move up more money for homeland security, Police and Fire issues, as we go through this process. And that's why I'm supporting Commissioner Sanchez, and I hope you'll consider supporting issues relating to homeland security in the future, in this discussion. Thank you, Mr. Chairman. Chairman Regalado: Thank you. Chief. Mr. Martinez: Yeah, Commissioner. Raul Martinez, Chief of Police. First of all, let me apologize. I couldn't attend yesterday's session. We had a ceremony at -- in the lobby for the families of the police officers lost in the line of duty. And I understand there were a lot of discussions at the training center, and maybe not a lot of support for the training center at the time and probably more support for other citywide projects. But a lot of the discussions that we had today, and Commissioner Gonzalez mentioned it earlier, deals specifically with this issue, of properly training police officers. The fact that Miami police officers don't get to fire their firearm on a training scenario but that once every year and a half or every two years, is unconscionable, if we're asking that they go on the street and do their job. And unfortunately, that is the situation we have right now. To put this back to a 2005 issuance of the bond, you're talking a 2006, 2007 at best opening of a training facility. We're talking five years from now. In my opinion -- and just speaking for myself, and maybe I'm angrying the Manager by saying this, because I know this is his recommendation -- is that I don't think this Commission, this Police Department, this City can afford to say, we will appropriately train our police officers five years from now. Chairman Regalado: OK. Chief. Chief William Bryson: Chief Bill Bryson, Fire Rescue. There's two issues that I think may have been overlooked yesterday, and I, too, apologize because I didn't have the same data in front of me that you have in front of you. Commissioner Teele, I remember when you said, when it's budget time, if you don't stand up, don't stand up later. And, to me, this is budget time. There's a homeland defense initiative of 2.5 million in the Manager's priorities. That's equipment that we need to buy right now. We had 10 million -- 11 million in the bond to buy this type of equipment. This is what we need right now. Also, in the two fire stations in the neighborhood, those trucks are out there right now. There's no station for them. They're going into trailers for three years. The way this is set up right now, if, in July, the numbers don't come back right, there's no money to do these things and we have to wait. That means people could be in trailers for five years, instead of three years. So, what I'm going to ask is that -- I know there's a motion on the floor -- that these two items be moved up into the top priority items, with 108.3 million that you have, that we find some way to get them up there. I need to start on the two stations now. I think it was a big selling point in the bond, and also the homeland defense. One point five million of that is our equipment we need to buy now, which is decon showers, and monitoring equipment and all kinds of things in case something is to happen. We need that stuff today, not three years from now. Chairman Regalado: OK. Commissioner -- any Commissioners? Mr. City Attorney, could you just give us an idea what is the process to approve what the Manager has given us, what -- which was the result of yesterday's workshop? Mr. Vilarello: If you're asking initially, what we've prepared is a resolution - 97 May 9, 2002 Chairman Regalado: Right. Mr. Vilarello: -- which will attach a corrected list -- Chairman Regalado: List. Mr. Vilarello: -- which identifies the debate and discussion of the City Commission today. Chairman Regalado: Right. Mr. Vilarello: That resolution will just be a resolution of intent, which will necessarily be required -- be followed by a series of other pieces of legislation. Some of these projects are from -- some of the dollars are being used from funds, which are currently allocated to other projects. Obviously, that will require a budget appropriations ordinance, which will reallocate it. If any of the concerns are -- if any of the projects are as Commissioner Teele expressed a concern about, it may require an amendment to the ordinance, and then, ultimately, it will require a resolution authorizing the issuance of the bonds. Those are the general legislative steps that will be required before we can proceed. Chairman Regalado: OK. Does the motion that Commissioner Sanchez would be presented in any way alters this proposal? Mr. Gimenez: Yes. What it does, it would move from the -- from my priority ranking, you would move the Number 3, the neighborhood fire stations, to the Number 1, if that -- if I understand his motion to be that. Chairman Regalado: Yeah. But it doesn't change in money? Mr. Gimenez: No, it doesn't. Chairman Regalado: So -- Mr. Gimenez: It's just a matter of, as we get more money, the first thing that will be funded will be the neighborhood fire stations, instead of the homeland defense preparedness initiative. That will move down to Number 2, unless there's some other changes to this list. Chairman Regalado: OK. Why don't we do this, and we vote on Commissioner Sanchez' motion so we know what is the will of the Commission. We have a motion, but do we have a second? Do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: Yes, we do. OK. On Commissioner Sanchez' motion to move one of the items to Number 1, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: "No." Chairman Regalado: OK, four "ayes," one "no." The following motion was introduced by Commissioner Sanchez, who moved its adoption: 98 May 9, 2002 MOTION NO. 02-530 A MOTION SHIFTING THE RANK ORDER OF THE ADMINISTRATION'S LIST OF PRIORITIES TO BE FUNDED FROM THE FIRST SERIES OF THE LIMITED TAX GENERAL OBLIGATION BONDS BY MAKING THE NUMBER ONE PRIORITY (INSTEAD OF NUMBER THREE) IMPROVEMENTS TO THE NEIGHBORHOOD FIRE STATIONS, NAMELY THE UPPER EASTSIDE AND CORAL WAY FIRE STATIONS. Upon being seconded by Commissioner Teele, the motion 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. Chairman Regalado: So we know what to do now, Mr. Manager, if we want to go ahead and vote on the whole list. Any changes to the list that we have? Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I need to try to understand from the Manager, Mr. Nachlinger. Previously, we gave certain instructions regarding locking in rates and we voted on that. It's my understanding, in querying you today, what rate was locked in, that you've got a different view on that. Vice Chairman Winton: We didn't vote to lock in rates, did we? We voted to instruct him to lock into locking rates. Commissioner Teele: OK, then I stand corrected. Robert Nachlinger (Assistant City Manager): Yes, sir. Commissioner Teele: And you indicated to me that you had come up with a different recommendation. I want to, as a matter of policy, be very clear that I'm going to support the Manager's recommendation on matters of finance, but I want to make a caveat a little bit later. So, would you tell us what your recommendation is? Mr. Nachlinger: Commissioner, Bob Nachlinger, Assistant City Manager. We, at the last meeting, had received a resolution by this Commission to go and negotiate a rate lock agreement and bring it back at this meeting. We had been working on that agreement. Unfortunately, we have not been able to finalize it. We anticipate finalizing a rate lock agreement, bringing it back to this Commission on the May 23rd meeting for your consideration. At that time, both the financial advisor and myself will give a presentation to you on the pros and cons, and/or risks associated with the rate lock agreement. And it will be the Commission's decision on whether to move forward with that. 99 May 9, 2002 Vice Chairman Winton: But there needs to be a recommendation that we either do or don't. I mean -- Mr. Nachlinger: Yes, sir. We -- both the financial advisor and I -- Vice Chairman Winton: And the rationale for that. Mr. Nachlinger: -- will make a recommendation and explain all of the pros and cons and risk -- Vice Chairman Winton: Great. Mr. Nachlinger: -- involved in the transaction, and then it's up to y'all to vote. Commissioner Teele: Great. And I'm very much -- Mr. Gonzalez is paying close attention. I'm very much in agreement with that. As a matter of policy, Bob, you know my views on this from the County, I'm sure, very well. Mr. Nachlinger: Yes, sir. Commissioner Teele: The financial advisor is not your advisor or the Manager's advisor. I view the financial advisor as the Commission's advisor, just like the external auditor is our external auditor. Mr. Nachlinger: Yes, sir. Commissioner Teele: In other words, we're going to always -- I'm going to always support your recommendation, as long as the financial advisor is concurring. And even if you disagree, I'm going to try to support yours. But it's much better if you all are saying the same thing. But what I want to be very clear is, I don't want to see you all trying to vet or sanitize what the financial advisor's recommending. Mr. Nachlinger: No, sir. Commissioner Teele: We want to get their candid view of what they do, and then give us the decision to let us vote. And I had had a previous problem with the finance manager who wanted to give everybody a script of what to come up and say, and I just want to be on the record that I expect them to come up and tell us what they believe. Mr. Nachlinger: Actually, they're here, sir, if you'd like to tell them that, sir. Commissioner Teele: Did they spend the night or did they fly in this morning? That's the only question I'd like to ask. Mr. Nachlinger: I believe, sir, that they drove in this morning. Vice Chairman Winton: Well, my guess is, Commissioner Teele, even if they stay, they'd bill us for it. So, we might as well buy the room ourselves and give it to some of our residents. Commissioner Teele: Mr. Nachlinger -- because what I'd like to do at the end of all of this is, I would like to authorize the Manager, that is, yourself, the Manager to issue a bond up to some specific amount that we agree on, based upon your advice today, provided there is unanimity -- or unanimous agreement between you and the financial advisor. And you know, we'll say the number is going to be 114 million or 110 million today, based upon the Manager's recommendation, but then I want to authorize you to issue 100 May 9, 2002 the bonds up to some amount of money providing there is an agreement between -- you know, unanimous consent between you and the financial advisor. Is that an acceptable -- I know that's a lawful delegation. Mr. Nachlinger: Yes, sir, that is quite acceptable. Commissioner Teele: OK. So, then, the issue of the reserves that we're talking about becomes very real, and that's why I wanted to have this discussion, Johnny, because I envision the discussion on reserves to be a very real discussion and not pie in the sky, because we don't know whether the number's going to be a 115 or it could be upwards of 125, perhaps. So, I think we ought to be very careful, but be very deliberate. And I don't want to be accused of playing any games because my view is, there are some flaws in this -- not in the Manager's recommendation, but in our policy direction. Again, the part master plan gives me great concern. I would much rather that we agree not to do a park master plan as a bond issue, but -- I guess there is flexibility in the bond. Where is this flexibility coming from? Are we taking -- was there an un -- Mr. Gimenez: You stated that of the 170 odd million dollars that was really going to Parks, so you could use up to one percent of that for planning in a resolution about a month ago. Commissioner Teele: Exactly. And that's what I'm trying to say, because what that means, Mr. Manager, is all of the parks projects numbers are to be reduced by one percent. I mean -- Mr. Gimenez: That's correct. But this five hundred thousand dollars is less than that one percent. Commissioner Teele: I understand. But it's a rounding error. But I think we need the to be very clear about that, that when we say that a park is going to get fifty thousand dollars, it's going to get fifty thousand dollars less five hundred. Mr. Gimenez: That's correct. Commissioner Teele: Or 50 or whatever one percent is. Mr. Gimenez: Yes, sir. Commissioner Teele: OK. And then the -- does the police training facility have any dollars in it? Mr. Gimenez: It's allocated, at this point, Number 4, two million dollars. Commissioner Teele: But that's -- but wait a minute. That's after the 114, right? I mean, that's after the -- Mr. Gimenez: That's after your 108. Commissioner Teele: One oh eight. And Virginia Key has no money, is that right? Mr. Gimenez: Virginia Key has one million dollars. It's allocated Number 5. And that's -- our thought on that is that we'd like to get them going because they're doing -- they need a sanitary sewer hookup in order to really get the project going and to start -- to make it a usable facility. And so that's why we gave it the one million. They're allocated, out of the entire bond, five million but we feel, in the next three years, they could use that one million for that sanitary sewer hookup. Commissioner Teele: And in the -- well -- 101 May 9, 2002 Mr. Gimenez: Citywide waterfront improvements, the thought there is that we have an Anchorage Committee that is working diligently now to try to resolve the anchorage problems that we have here on Dinner Key. We think that we can resolve and put now types of mooring systems out there, start charging people, create some infrastructure improvements in there so that we can finally get a hold of the anchorage problem outside of this -- outside of Dinner Key, right outside of here. On historic preservation, our thought process was, although Commissioner Sanchez, we already have two hundred fifty thousand dollars for the relocation of old Miami High that another one and a half million -- we've got the issue with the old -- the Black Police Precinct, and there are some other historic preservation initiatives that we think are going to be -- you know, they're going to need some of that money in the next three years. Commissioner Teele: I would like to clarify, the Historic Preservation number is five million dollars. There was -- in the bond issue document. Mr. Gimenez: That's correct. Commissioner Teele: There was never a discussion that the money would be one million dollars per district, and nobody's raised it. But I just want to be very clear that that was never the discussion. And I would very much hope that, Commissioner Winton, that we could look at historic preservation in the downtown area in a more aggressive way. And I'm going to be supporting, you know, trying to figure out ways, you know, to do historic preservation in downtown and in Brickell -- in the Brickell and downtown areas. And we're going to -- I'm going to look to your leadership. But I think the best way to get more residential development is to incentivize it by historic preservation projects. And I've had a similar discussion in the club district, that we ought to provide more flexibility if people will begin to preserve some of those buildings, sort of like what's happened in South Beach. With -- we moved the fire stations up to Number 1 and the police facility is Number 4, Virginia Key is Number 5. 1 would like to say to the Virginia Key Board that is here that if the bond issue does not get the one million dollars earmarked here today, I will work with the Manager's Office in moving dollars from District 5 as an advance to preserve the Virginia Key, and even though it's not in my district -- Vice Chairman Winton: And I'll work with you on that, Commissioner Teele. Commissioner Teele: -- I think there's a way we can do that. So, Mr. Manager, Mr. Chairman, with your permission, I know we have the late -- the widow of the late first African-American judge here, Mrs. Thomas. We have the first lady of my district, of the City of Miami, really, Mrs. Range, who has served more times than the statisticians can count as a Commissioner, and I would like to yield to Mrs. Range and Dr. Tinney to see if there's any point, Mrs. Range, that you'd like to be heard on regarding the Virginia Key -- I assume that you're here on that matter -- with your permission, Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner, welcome and -- Athalie Range: For the record, my name is Athalie Range, and I reside at 5727 Northwest 17th Avenue, Miami, Florida. We are here because of our concern of the one million dollars, which is being allocated for us. We would like to know several things regarding this. Our need is so great now because there are affairs going on, on Virginia Key Beach, on almost a weekly basis. And I would have you know that we were most embarrassed just a week ago when we had contracted with the Port -o -Let company to come out, when we had -- Was that Earth Day that we had? -- when we had Earth Day, and they simply failed to perform. They didn't come. And it was only through the kindness of the NAACP (National Association for the Advancement of Colored People), which had a booth over there at the beach, that they had to transport young people, children, almost a half mile down the beach in a little station wagon to go 102 May 9, 2002 to the restrooms. I think you need to be aware that this is the kind of situation we're up against. We are continually working to begin to have our work on schedule. The restoration of the beach will begin -- the shoreline will begin in August. And you make mention of the fact that we're having one million dollars. But if we utilize the one million dollars -- I don't know whether it will cost exactly that much or not -- but if the one million dollars is utilized for the upgrading of the facilities there, I mean, the bathroom facilities that are there now, then we will have little or nothing to continue our work. And I don't quite understand where the remainder of our money will be coming from. Will that be an ongoing process so that, as the money gives out, more will be poured in from the five million? Mr. Gimenez: Yes, ma'am. This is the -- just the first issuance. The whole bond program was 255 million, and we're -- we believe we're going to issue between 110 and 125. We also believe that we're going to be issuing a certain amount in 2005, or three years out, and at that time, there will be -- you know, you will still have -- you have five million dollars allocated to your project over a 10 -year period. At that time, you should be able to access more of that money. Ms. Range: I see. In view of the fact that we were not included in the citywide projects, does this mean that all of these projects must be funded before Virginia Key comes up for more funding? Mr. Gimenez: That's the way that the program is anticipated at this time. My last -- the last page, which is administration's recommendations, those will be funded as those monies become available, if we have enough from the first issuance. If we have an issuance of a hundred and twenty-five million dollars, we can fund all of these projects. If it's somewhat less, then they'll start coming off from the bottom. Ms. Range: But these projects, of which you speak, are the citywide projects, are they not? Mr. Gimenez: I view them as citywide projects, yes. Ms. Range: And we are not included. That's our concern. We're not included in citywide projects. Mr. Gimenez: The -- not the first page, but you're included in the last page, what the administration considers citywide priorities. Ms. Range: May I just take a moment to look for that? Mr. Gimenez: Sure. You're Number 5. Ms. Range: Oh, yes. That's on the first page that I have -- well, it's on a single page, that we do have the one million. Commissioner Teele: Mrs. Range, may I inquire? Ms. Range: Yes. Commissioner Teele: Did you all make — Ms. Range: Will you all remain so that you may answer some questions? Commissioner Teele: Did you all make a written request to the Manager? And I apologize. I know that my office perhaps should have a little bit better communication on this. But what was that request? Ms. Range: I'm going to ask Lynette Austin -- 103 May 9, 2002 Commissioner Teele: Your name and address for the record, please. Lynette Austin: Lynette Austin, Executive Director of Virginia Key Beach Park Trust. Our request to the Manager's Office and the information that we provided was for money to support our efforts primarily with renovations of the park. Commissioner Teele: How much was the request? Ms. Austin: A scenario changed from time to time, but our priority was for monies to support the renovation of the existing buildings, which we guesstimate at about eight hundred thousand dollars; plus, we know we need monies for water and sewer improvements. Commissioner Teele: And what is that cost going to be? Ms. Austin: I just conferred with Mr. Jackson, and we think it's probably going to be about seven hundred and fifty thousand dollars, at least. Commissioner Teele: OK. Let me just say this, because this is a good time to say it. The Manager has had to balance a hundred different policies. The most important policy that he's had to balance, in my judgment, are moving forward with projects that can be done right away, and that has sort of skewed a lot of the things that we're talking about today. In other words, if you don't have an architect, an engineer and sort of a study already done, it's going to be difficult. I think the eight hundred thousand dollars is clearly contained here within the one million dollars. What I'm prepared to do, if the Manager will accept it and the Commission will agree to it, is that there is still a reserve of approximately one point four million dollars -- one point three? -- one point three million dollars of bond funds -- I'm sorry -- of the unallocated bond funds. I would be prepared to move that the Virginia Key Trust be advanced or loaned, Mr. Manager, loaned up to seven hundred and fifty thousand dollars for the sewage. In other words, that money now becomes earmarked for them for the sewage as a loan, subject to the refinancing. In other words, they've got five million dollars in the bond, is that correct? Mr. Gimenez: That's correct, sir. Commissioner Teele: So, we can only pull down one million in this issue. Mr. Gimenez: Yes, sir. Commissioner Teele: But we do have a reserve for citywide water/sewer kinds of projects Mr. Gimenez: Yes, sir Commissioner Teele: And what I'm doing, there is about one point three million that's unallocated, that I would move that unallocated of up to seven hundred and fifty thousand dollars to this project as a loan and against the remaining four million dollars. So, the dollars will come back at the end of three years. We can move forward immediately with the project. In that way, you will have -- wind up with one point seven five immediately, but the key is going to be this: If the money is not outlaid in -- within the year, I think the loan should be reviewed -- returned back to the committee -- the Commission for a review. Ms. Austin: OK. Can I take a minute just to let you know where we are? We're -- Commissioner Teele: We really -- with all due respect -- 104 May 9, 2002 Ms. Austin: We're ready -- Commissioner Teele: -- we've got two hundred and fifty million dollars worth of projects. And if that -- you need to respond to what I'm trying to do for you. Ms. Austin: Thank you very much, and we appreciate it. And I wanted to let you know we're ready to go. Commissioner Teele: I mean, but does that help you? Ms. Austin: Yes, it does. Commissioner Teele: Do you all feel that you can get the water and sewer -- Ms. Austin: Water and sewer, and the renovation of the existing buildings done. Commissioner Teele: But can you get the water and sewer expended within the next year? Ms. Austin: Yes, we can, sir. Commissioner Teele: Commissioner Winton, this is your district, and I don't want to make a motion that you're not comfortable with. Vice Chairman Winton: Well, I'm perfectly -- I'm sitting here shaking my head yes. And even though you said it's in my district -- Commissioner Teele: It's a citywide -- Vice Chairman Winton: -- Virginia -- this is a major regional park that is of huge importance to all of Miami -Dade County, not just the City of Miami, so. Commissioner Teele: Mr. Chairman, I would move that a loan of seven hundred and fifty thousand dollars for the purpose of water and sewer, as defined by the Virginia Key Trust, be made available, pursuant to the remaining four million dollars balance, and upon the issuance of the next round of dollars that that would be repaid as a priority, subject to the dollars being expended within 12 months or the draw down to commence within 12 months of today's date. Vice Chairman Winton: Second. Commissioner Teele: I would so move. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 105 May 9, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-531 A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE A LOAN IN AN AMOUNT NOT TO EXCEED $750,000 FOR IMPROVEMENTS FROM UNALLOCATED CAPITAL IMPROVEMENTS FUNDS TO THE SEWAGE SYSTEM AT VIRGINIA KEY BEACH PARK TRUST, PURSUANT TO THE REMAINING BALANCE OF THE ALLOCATION OF $5,000,000 AND UPON ISSUANCE OF THE NEXT ROUND OF DOLLARS; FURTHER STATING THAT IF THE MONEY IS NOT EXPENDED WITHIN 12 MONTHS, THE LOAN MUST BE RETURNED FOR THE COMMISSION'S REVIEW. 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: OK. Thank you. Thank you, Commissioner. Do you wish to have a motion to approve the list, or do you wish to defer this for later, because -- Vice Chairman Winton: No. We've talked about it long enough. Chairman Regalado: -- we had -- OK. Because we had promised time certain for Coral -- Vice Chairman Winton: Right. Chairman Regalado: The -- Commissioner Teele: Mr. Chairman. Chairman Regalado: -- Coral Station on Brickell. Yes, sir. Commissioner Teele: Mr. Chairman, I would move the following two amendments. Beneath the total of fourteen point seven million dollars -- Vice Chairman Winton: Say that again. I'm sorry. Commissioner Teele: Beneath, after, the fourteen million dollars -- Chairman Regalado: You're moving the list, the whole list? 106 May 9, 2002 Commissioner Teele: No. Commissioner Sanchez: No, he's adding. Commissioner Teele: I'm adding behind the fourteen point seven million dollars Commissioner Sanchez: On the priority list, he's adding. Commissioner Teele: I'm adding one point five million dollars for Margaret Pace Park, and two point five million dollars, in that order, to the Police Training Facility, for a total of four million dollars, against the dollars that are already allocated in the 255. And that's a total of four million dollars, for a total of eighteen million dollars. Now -- eighteen point seven. So, this is a list "in order of now. I'm not changing anything that's already here, but simply doing that. And I would appreciate it if somebody would second it for discussion. Commissioner Gonzalez: I second the motion. Commissioner Teele: The reason that I'm requesting this is the following: I've asked the staff four times. They won't do it. I guess they're ashamed. There was a very unflattering story about the CRA (Community Redevelopment Agency) and the City of Miami about two weeks ago, about Margaret Pace Park. I should start by saying, there have been three flattering stories about Margaret Pace Park since the beginning of the year. The first three didn't mention the CRA, at all. The Planning Director took the bows. The assistant manager took the bows. Everybody was taking the bows. But once the train jumped the track, everybody pointed to the CRA. And the fact of the matter is, the CRA has loaned the City already one point two million dollars to begin the park. They -- we have further loaned the City and additional one million dollars to complete it, and we have under consideration now an additional two hundred thousand dollars to expedite it. The only caveat that I'm saying is that Margaret Pace Park has in the bond issue, I think, four million dollars. By the time these bonds are issued, the CRA will have spent approximately two point four million dollars, and this will only just reimburse the advances that are made there. Obviously, on the training facility, I'm trying to concede with Commissioner Winton by not asking for a lot of the money, but I'm also cognizant of the fact that there's going to need to be a very detailed planning process, and I think Commissioner Gonzalez has targeted this. We don't need to do this thing on the cheap. We need to do it right. And I think even -- Commissioner Winton, even though you've got reservations about building it, I think we all agree that this needs to be a thoroughly thought out and planned program. And so I think, if you look at sight acquisition and a planning, two million dollars is certainly not enough money -- certainly not enough to buy any land anywhere, and maybe two point -- four point five is not enough, but that would be the intent. And so that is the basis of the motion. Those are the policy recommendations. I didn't move the Margaret -- the park in Little Haiti, which I would be very tempted to do, but that would look very self-serving, so I don't want to look like that, but I really wish I could. In any event, Mr. Manager, I hope you have no objections to these being added below the line. Commissioner Sanchez: Call the question. Chairman Regalado: OK. We have a motion and a second. Commissioner Gonzalez seconded -- Commissioner Gonzalez: Yes, sir. Chairman Regalado: --for the approval of the list, with the amendments. This is what is going to be officially the first -- 107 May 9, 2002 Commissioner Sanchez: Is this approving the whole list, with the amendments added by Commissioner Teele? Chairman Regalado: Yes, yes. Mr. Gimenez: Yes, sir. Chairman Regalado: It's the whole thing. Vice Chairman Winton: Call the question. Commissioner Sanchez: Let's go. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, 5 to 0. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-532 A MOTION APPROVING THE ADMINISTRATION'S LIST OF PROJECTS TO BE FUNDED FROM FIRST SERIES OF THE LIMITED TAX GENERAL OBLIGATION BONDS WITH THE FOLLOWING TWO AMENDMENTS: • Add 1.5 million dollars for Margaret Pace Park. • Add 2.5 million dollars to the police training facility. 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. 108 May 9, 2002 19. CONTINUE CONSIDERATION OF APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION, WHICH APPROVED CERTIFICATE OF APPROVAL WITH CONDITIONS FOR REMOVAL AND RELOCATION OF TREES FOR INSTALLATION OF PLAYING (BALL) FIELDS, FOR PROPERTY LOCATED WITHIN ENVIRONMENTAL PRESERVATION DISTRICT #43-4 AND ALONG SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 27, 2002. Chairman Regalado: We had promised time certain for an item that was deferred for several reasons on last April. It's PZ -2. Just -- I mean, just for the sake of knowing the time that we're going to spend, can we find out how many people are here for Coral Station, please? How many wish to speak? How many wish to speak? OK. If there are people out there that wish to speak, we need to swear them in. While we are getting the people that are supposed to be sworn in, I understand that PZ -1, they want a continuance. Do we have someone representing -- Lourdes Slazyk (Assistant Director, Planning & Zoning): They're here. I'm not sure where they are. Chairman Regalado: PZ -1. Well, then, I guess we'll do it afterwards. Commissioner Sanchez: Let's go to PZ -2. Chairman Regalado: Let's go with PZ -2. Forget PZ -1. Let's go with PZ -2. Do we have anybody here inside the chamber, people that are going to be addressing the City Commission? Oh, you're PZ -1. Tucker Gibbs: Just for a deferral, a 30 -day deferral. And the reason why is that we do have an agreement with the school -- Commissioner Sanchez: Is this PZ -I or 2? Chairman Regalado: Yes, this is PZ -1. He's asking for a deferral. Mr. Gibbs: PZ -1. We do have an agreement, but we do need an extra 30 days to -- Chairman Regalado: OK. Do we have a motion for deferral? Commissioner Teele: Second. Chairman Regalado: It's been moved. Ms. Slazyk: Could we have ask for a date certain of June 27th? Mr. Gibbs: No objection here. Chairman Regalado: OK, June 27th. No time certain, however. Just date certain. Mr. Gibbs: No a problem. Priscilla Thompson (City Clerk): Name for the record, please, sir. Chairman Regalado: I'm sorry. 109 May 9, 2002 Mr. Gibbs: Oh. Tucker Gibbs, 215 Grand Avenue. Chairman Regalado: Thank you very much. Joel Maxwell (Deputy City Attorney): Mr. Gibbs? Chairman Regalado: We have a motion for deferral and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-533 A MOTION TO CONTINUE CONSIDERATION OF AN APPEAL OF A HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION, WHICH APPROVED A CERTIFICATE OF APPROVAL WITH CONDITIONS FOR THE REMOVAL AND RELOCATION OF TREES FOR THE INSTALLATION OF PLAYING (BALL) FIELDS, FOR THE PROPERTY LOCATED WITHIN ENVIRONMENTAL PRESERVATION DISTRICT #43-4 AND ALONG THE SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 27, 2002. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Mr. Maxwell: Mr. Chairman, just for the record, Mr. Gibbs -- both parties have indicated that that is -- Mr. Gibbs: Yes, that's correct. Mr. Maxwell: -- a mutual agreement, correct, sir? Mr. Gibbs: Both the school and the neighbors, yes, sir. Mr. Maxwell: OK. Thank you, sir. Chairman Regalado: OK. 110 May 9, 2002 20. CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR CORAL STATION AT BRICKELL WAY PROJECT TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 27, 2002; REQUEST THAT DEVELOPER MEET WITH AREA HOMEOWNERS TO TRY TO REACH COMPROMISE AND REQUEST DEVELOPER COME BACK WITH LOWER SCALE PROPOSAL FOR PROJECT. Chairman Regalado: OK. We are going to proceed with PZ -2. Madam City Clerk, we need to swear the people in. THE CITY CLERK ADMINISTERED OATH REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Chairman Regalado: Thank you. PZ -2. Commissioner Sanchez: We haven't had a packed house like this in a while. Chairman Regalado: Since the Stallone Gate. Most of you were here during -- Commissioner Sanchez: All right. Chairman Regalado: -- for the Stallone Gate. I remember. PZ -2, Major Use Special Permit for the Coral Station at Brickell Project. Go ahead, Lourdes. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. For the record, Lourdes Slazyk, Department of Planning and Zoning. PZ -2 is a Major Use Special Permit for the Coral Station Project. When it was filed, it was the Brickell Way Village Project. But they have since changed the name to Coral Station. The project is going to consist of 204 residential units, 186 hotel units, 201,400 square feet of office uses, 62,333 square feet of retail and restaurant uses, with accessory recreational uses and 1,267 parking spaces. The Department of Planning and Zoning is recommending approval, with conditions, of the project. The project was reviewed by the Large Scaled Development Committee, by the Urban Development and Review Board and has been recommended for approval, with conditions, from the UDRB (Urban Development Review Board). The applicant has incorporated those conditions into the plans that were filed for the Major Use Special Permit. The Planning and Zoning Department has added the standard conditions that are added to a Major Use Special Permit regarding the covenants that need to be fled. The additional conditions that were added have to do with the landscape plan and any interim plan in case the project were to be developed in phases. We require an interim plan in case Phase II is not going to be -- if the project is going to be developed in phases, the Department wants an interim plan as to what's going to happen to the land of Phase II in the event that Phase II were to not happen. We have also added a condition that the landscaping plan be redone to provide pedestrians and residents of the project with a continuous shade walkways with the proper and necessary irrigation and lighting systems. The royal palms that were depicted in the plan don't provide adequate shade, unless they're planted six feet apart. So, we would want to review and approve a final landscape plan prior to any building permit being issued. This project is important to say -- to put on the record that the criteria that was utilized for this project was the criteria in Article 13 and the additional criteria in Article 17 for Major Use Special Permits. The criteria in Article 17 is a much more detailed criteria, which looks at all of the components of a major project and the impacts associated with them, including housing impact analysis, traffic analysis, and the project was reviewed and found to be in compliance with those criteria. So, Department recommends approval, with conditions. Chairman Regalado: Thank you. What are we doing there? Is that a presentation? 111 May 9, 2002 Unidentified Speaker: A Power Point (INAUDIBLE). Chairman Regalado: OK. Go ahead. Judy Burke: Good evening, Mr. Chairman, members of the Commission. My name is Judy Burke, practicing law with Shultz & Bowen, 201 South Biscayne Boulevard. I'm here on behalf of the applicant, Coral Station Limited, which is comprised of BVT Development Corporation and Taylor Development and Land Company. We are requesting approval of a Major Use Special Permit to develop a mixed-use project to be known as Coral Station at Brickell Way. Although, this is your first opportunity to hear about the project directly from us, I know that a number of you have become aware of this application from the many articles that have been in the press. However, there are significant aspects of this development that have not been reported and I think they will be of great interest to you. Commissioner Sanchez: Ma'am, can we get the lights -- if we're going to have the Power Point presentation, can we get the lights dimmed? Ms. Burke: It won't be for a while, the presentation. Commissioner Sanchez: Oh, OK. You're setting it up? OK Ms. Burke: Yes. Because of the great importance of this project, both to the City of Miami and to my client, I'm sure that you will understand how essential it is that we make the appropriate record at this hearing. It is particularly important, in light of the Omni Point decision in the recent challenge of the City's zoning code, in the Braman appeal, therefore our presentation might take a little longer than normal. But we have to be sure that we document the project's compliance with all of the specific standards and criteria of your code. We will do our best to relate all of this essential information to you as quickly as possible. For that reason, and in order to move the presentation along, my colleague, Lillian Ser, has delivered to each of you, to the City Clerk, to the City Manager, the City Attorney, the Planning Department, and representatives of the two homeowners' associations, two binders, volumes one and two, containing material that we would like incorporated into the record tonight. The binder contains transcripts of the Planning Advisory Board hearings, which took place on December 29, 2001, January 16, 2002, and February 20, 2002. In addition, it contains the resolution of the Zoning Board, recommending approval of this project. The resolution of the Urban Design Review Board approving this project and staff recommendations approving this project. As all of you know, we will be presenting testimony from a number of experts who have reviewed the project and are here to advise you of their findings. The resumes of those experts are contained in the binders, as well as copies of all of their reports. Also, contained in the binders are sections of the City of Miami code and related codes and studies that will be referenced or cited by the various speakers. Now, let me tell you what all this hoopla is about. Approximately four years ago, Harvey Taylor, who, by the way, was the first developer to bring retail into this neighborhood when he constructed the Publix store on 15th Road, began assembling some small parcels in the area in order to develop a major project. He was attracted to this location because of its proximity to both the Peoplemover and the Metrorail station. He understood what the original City planners had in mind by encouraging density and growth in these transportation corridors. It took Mr. Taylor almost four years to put together the parcels and replat them into one single track. In addition -- and this is not part of the application tonight -- the applicant purchased additional property, which is adjacent to the Publix store, in order to build a parking lot to provide all of the additional parking needed for the Publix store. And none of that parking is needed or intended to service the Coral Station Project, but Mr. Taylor believed it was important for all of the existing developments in the area to function more efficiently. He hired a world class architectural firm and he instructed them to design a mixed-use project that would require absolutely no variances. We are not requesting any change in zoning. We are not 112 May 9, 2002 requesting any density bonuses. We are requesting no variances. In order to eliminate any possibility of objection from the neighborhood, Mr. Taylor settled on an FAR (Floor Area Ratio) of 40 percent of what could legally be built under the existing zoning. Prior to even filing the Mayor Major Use Special Permit, he scheduled a combined meeting of the three homeowners groups in the area to present the project. That group included the Brickell Homeowners' Association, the Miami Roads Neighborhood Civic Association and the South Miami Avenue Association. He also met with the City of Miami staff. And he made a number of changes to his plans, based upon the input he received from the neighbors and from City staff. Mr. Taylor solicited input from the community from the beginning. He didn't want to come in building out of the full allowable FAR and then appear to negotiate with the neighbors and reduce it. He started out at 40 percent of allowable FAR because that's what really works for this site. This is not just some developer taking a flier on a piece of property. He didn't sign a contract subject to obtaining zoning. Mr. Taylor actually purchased this property and he did so in reliance on the existing zoning. The project consists of a residential building, which includes both condominium and hotel units, an office tower and a parking garage. The development will also provide approximately 54,000 square feet of retail space along the perimeter of the project, including approximately 8,000 square feet available for restaurants. Although Mr. Taylor has successfully completed numerous projects in South Florida, from the beginning, he considered this one the really special project. So, he assembled an incredibly talented team to design Coral Station for him. I would like to introduce the members of that team that are with us this evening. First, he retained the firm of Revuelta Vega Leon, and asked Bert Leon to serve as lead architect. The firm is very well known for their high-end residential and most (UNINTELLIGIBLE) projects, many of which are located in the City of Miami. Some examples of their work in the City include the Santa Maria, Bristol Towers, and Jade Residents at Brickell Bay. Also with us this evening is the Taft Bradshaw of Bradshaw Gill & Associates, our renown landscape architect. Because we believe the traffic would be raised as an issue, we engaged Richard Eichinger as our traffic engineer. He is with Transport Analysis Professionals, or TAP, as many of you know them. Richard is with us this evening. Also here tonight is Daryl Sharpton, who prepared our economic reports. And Jack Luft, who advised us on planning issues. In addition, we have Dr. David W. Lee, who prepared the biological impact study on Simpson Park. In order to be absolutely sure that all of the information that we gathered on the impacts to the project, both on traffic and on Simpson Park was completely accurate, we hired even more experts. We asked noted architect, Regis Korba to review the shadow study prepared for the project. We also asked Miles Moss, of Miles Moss & Associates, to prepare an audit of all of the traffic studies prepared for the project. Both audits confirmed that the studies prepared by our experts on the impacts of the project on traffic and environment were correct. Both Mr. Korba and Mr. Moss are here this evening. And all of the studies and the reports that I've referred to are in volume two of your binder. Before I ask Bert Leon to present the project to you, Mr. Taylor, the developer of Coral Station, would like to address this Commission. Mr. Taylor has developed over two and a half million square feet of retail and office space in Florida and Georgia. He has lived and developed in Miami -Dade County for over 30 years, with his development concentrated mainly within the Brickell area of downtown Miami. Prior to forming his own company, he worked on the development of 1200 Brickell and East Brickell Towers. He brought the first Publix to the Brickell area in 1996 and created more retail for the development of Village Portico in 1997. Mr. Taylor is a local developer with ties to the community, who is interested in creating a downtown, which maximizes the incredible potential of this City. Mr. Taylor, please. Harvey Taylor: Good evening. My name is Harvey Taylor. My office is at 12000 Biscayne Boulevard, in North Miami, Florida. I've been a resident of Dade County for 37 years, and I've been building in Miami for the past 20 years. Thirty-two years ago, which seems like a long time -- that's probably more than the age of most people in here -- I started working for Herb Johnson Associates at 550 Brickell Avenue and, at that time, Brickell Avenue was barren. There were low-rise buildings and it just was not developed. Brickell Key was a sand bar in those days. And since then, I've seen Miami grow to a truly great City. I've seen Miami grow to a truly great City, and I've been privileged to be part of that greatness and had the honor of developing with the staff of the City of Miami and developing in Miami. My 113 May 9, 2002 projects are 1200 Brickell Avenue, East Brickell Towers, Villa Regina, a Publix Shopping Center, and the Village Portico Shopping Center. My projects have contributed millions in tax revenues, employed thousands of people and millions in impact fees have been contributed to the City of Miami. I first purchased the subject property about seven years ago. I started planning the Coral Station Project, which, by the way, is located on a very unique parcel of land. It's triangular and it's the only parcel of land that is bounded by the Peoplemover and Metromover. There's stations close by. As we all know, Simpson Park is to the south and it borders on three traffic ways. It's truly a unique site. And I consider myself an urban developer. I'm developing in Washington, D.C. now. I'm developing the Coconut Grove Station, the Overtown Station in Miami. And as Judy said, I'm not somebody who came in from out of town and did one project and left. I've been here for many, many years. When I purchased this property, I purchased it with, I felt, zoning in place. We paid a fair price for the property and we put a fair amount of money into the property, and it was after meeting with the staff, the Planning staff of the City of Miami, working with them diligently on the planning of this project, putting their requirements into the project and meeting their thoughts and their ideas, and I think what evolved out of this project is a world class project, where people can live, play and work under one roof. To the best of my knowledge, in Miami, there's no project like that. Coral Gables has several projects, but they don't have Peoplemover and Metromover access. I have become a transit -orientated developer. The three projects I'm doing in Miami are all over and around the Metro transit line. And in Washington, D.C., I'm developing a project in Prince George County that is on leased land from the Prince George County staff. That project is on the Planning Board now. And one thing I've learned is that people in Washington, D.C. and Atlanta use the Metro systems, and I think my project will enhance and benefit the Metrorail system in the City of Miami. That's why I purchased the property. Bert Leon, who I consider probably one of the finest architects I've ever had the pleasure of working with, has taken great care in designing this project, and I would like to turn this over to Bert and have him acquaint you with the project that he's designed. Bert. Thank you. Bert Leon: Thank you, Harvey. Good evening. Chairman Regalado, Commissioners, members of staff. My name is Bert Leon, and I'm a principal at the firm Revuelta Vega Leon, located at 2560 Southwest 27th Avenue, in the City of Miami. With me here tonight is Mr. Ernesto Vega, my partner, and Mr. Alan Vander Ruiz, our Project Manager. Chairman Regalado: Lights, please. Go ahead. Mr. Leon: As Judy mentioned, this is a list of the team that Mr. Taylor put together for this particular project, and some of you might be familiar with our work, but for the benefit of the rest, which it probably includes the majority, the following slides will depict, give you a brief idea of the style of architecture and the quality that our firm is committed to. They also depict the same quality of architecture that we will bring forward to the Coral Station Project. II Villaggio on South Beach, across from the South Beach Park, and the Collection that just opened up near. That's a baseball complex in the Dominican Republic and the Port of Coral Gables and U.S.I. And this project is just going through the process of being permitted. That's theResidence of Jay and the Miami Skyline. OK. So that gives you a brief idea of the type of architecture that we practice. The next thing we're going to show you is really an aerial map of the district, and kind of -- all right. What you see in yellow is the Coral Station site and the rest is kind of self-explanatory. As you can see, everything that is shown in the light green color is related either to the Metrorail or Metromover Mass Transit System. For over 20 years, the City, County, State, Federal government have put a lot of time, effort and taxpayers' money into preparing this district, by creating mass transit, improving public utilities, and economic infrastructure so that this area could become the infill growth area for downtown Miami. Today we stand before you ready to begin the final phase that will complete the vision of your predecessors, managers, planners that have worked so diligently to get this plan implemented. Because of its obvious proximity, this district will provide support necessary and a tax base for the continued development over downtown and years to come. This is of vital importance 114 May 9, 2002 since our downtown is the economic hub and catalyst that support our neighboring municipalities and communities. Please also note that the single-family homes in the Roads is east of the I-95 corridor, and that the triangle -- this triangular piece of property here is composed of moderate density and mid -rise apartments -- and we'll show you pictures of those. That really separated and buffered our project from the single-family homes in the Roads. We'll go quickly through some pictures. In here we have the Brickell Metrorail Station and the Brickell Metromover Station, all within walking distance of the project. The financial district, about a block and a half away. And the 10th Street People -- Metromover Station. These are our neighbors to the east. The Four Seasons Hotel Tower is the tallest building, south of Atlanta. It's standing at approximately 800 feet. Espiritu Santo, another signature building that will add to Miami's skyline. And these are the mid -rise apartments that we have across the street from 15th Road, south of us. Simpson Park to the south. This is Brickell Way, Southwest 1 st Avenue, which is east of our property. And then, again, these are a few shots from within the site itself, looking north, looking south, and again, notice the Metrorail and Metromover railways. This view was -- the interesting thing is -- about this Publix is that it's probably the only place in the neighborhood where people within this community can really have an opportunity to meet. Our project, Coral Station, will definitely improve that. We're going to create linkages where they don't exist. This is the northeast skyline. That's downtown skyline. And the Brickell skyline to the southeast. All right. This is a very interesting shot. It's about a year old. If you look closely -- and keep in mind, again, that they're about a year old -- you will notice that there are no more properties left east of Brickell that are left to be developed. Our downtown has become a linear downtown. We now need to grow west. As you notice, the infill redevelopment west of this area has already begun. Now, this is the same view, but we're looking towards the north towards downtown. As you can see -- you know, skylines are urban signatures, and individual buildings are the economic beacons that give a City metropolitan importance and urban identity. These buildings are the product of private enterprises, and they help our City -- help put our City on the world map. They celebrate our civic right and our City's prosperity. We are very fortunate that we have many clients that are from overseas. They come here, start maybe for vacation. They shop. Maybe to watch one of our five professional foot -- professional sport teams. But they also bring business. They bring investments. They buy second homes. Sometimes they come for medical treatments in many of our facilities. But what initially attracts them here is our skyline, and the services that these buildings provide. Our downtown has become crowded because of everybody's desire to be at the waterfront edge. There is no more property left at the waterfront's edge. The Coral Station site sits in the central spine of the SD -7 district, a regional mass transit district which has been created to efficiently accommodate future growth. So, let's talk a little bit about the SD -7 district, and the SD -zoning map, page 37, our site and the classification. It's kind of self-explanatory. The SD -7 intents and goals, and this is right out of the zoning book. High intensity, mixed-use development, intense urban environment, 24-hour activity patterns, building facade along sidewalk's edge, and then modify downtown environment at the intents and goals of this district. These are the directives and criteria given to us by your zoning code for the development of the Coral Station Project. Let's talk a little bit about the description of the project and the data. Mixed- use development, SD -7, no height restriction, the FAR allowable close to two point two million. What we're providing 870,000, which is about 40 percent of allowable. A breakdown of that is composed of about 60,000 for the retail component, 200 for the office component, and about 600 for the residential component. Allowable density is 500 units per acre. What we're providing is 129 units per acre. Again, about 26 percent of allowable. Parking requires 773; provided 1267, and, again, variances requested, none. We have designed this project within the guidelines and your requirements for the SD -7 district. Let's look at our site plan. Again, it's kind of self-explanatory. The Publix, FP&L (Florida Power & Light) substation, retail Blockbuster, Metrorail Railways, Metromover, our site. To the north we have the office building. To the south we have the residential tower. And, obviously, on the ground floor, we have all retail. We're going to talk a little bit about the ground floor plan, but we're going to come back to that at the end of the presentation. Some of the things that we've created at this level are civic plazas, a Brickell Way promenade, where actually people can have a sidewalk where they can walk on, terraces facing Simpson Park, so that the beauty of the park and can now be admired. Simpson Point on the 115 May 9, 2002 corner to anchor that southeast corner of the project, and also we have adopted into our project pedestrian and bicycle path that's there now to the west. Obviously, we've now provided ground floor retail frontage, and we've decided to orientate that towards the existing street versus creating an artificial interior street, like it was done at maybe a sunset place, something like that. We want to work with the existing fabric and texture of the City and improve on that. What you see in blue are the lobbies to the office buildings and the residential tower. And they're going to be 30 -story, with transparent glass in, which would allow passersby to look into the lobbies, and at the same time, they can see the wonderful activity that takes place inside. We've also worked very closely with staff in concealing the entrance to the service base and facilities. So, we are doing everything -- the entrances are to the west of the project, here, and everything that has to do with servicing is done within the pedestal and it's not exposed from view to the outside, and, again, we'll come back later on and talk about the pedestrian. On top of this floor we have another floor of retail and then we have the parking pedestal. And then on the 9th level, we have the recreation and amenities deck. And here's the essence of the mixed-use concept. You live here, you work here, you play here, and you shop downstairs. This is a section of the project through Southwest 15th Road. At 100 feet in width, Southwest 15th Road is substantially a very wide thoroughfare with really -- which, combined with our setbacks, puts at about 125 feet from the park itself. It's really an ample distance to be separated from your front neighbor. Next, we'll show you some 3-D (three dimensional) images of the project. This is a north view, southeast view, and here is a view from 15th Road, looking toward the west. OK. A lot has been made about the park and we are -- you know, the park is one of our strongest -- it's probably the strongest amenities that the site has to offer. So, we definitely do not want to hurt the park. On the contrary, it's very critical for our site and our project that this park is preserved. So, what we're going to show you now is a sequence of a status study that was performed, and it was performed at three different times during the day, mid morning, mid-day and mid afternoon. And it was done during the four seasons of the year. Obviously, with the 21 st someday of the month, which June 21 st and December 21 st represents the longest and shortest daylight duration of a year. So, we'll go quickly. And you can see the pattern of a shadow, starting with the seasons that have the shortest daylight duration, 1 p.m., 4 p.m. Now we go to December. December, 10 a.m., December 1 p.m., December 4 p.m. Notice, there are no shadows being cast into the park. Now we go into spring, 10 a.m., 1 p.m., 4 p.m., March. June- June, 10 a.m. on the morning. June, 1 p.m., June, 4 p.m. OK. We told you that we were going to come back and discuss a little bit about the ground floor because we feel it's very critical. In these urban projects, it's very important how we treat that pedestrian edge, so the next series of slides, what we tried to compose for you, to give you a quick and brief image of the site, is we have outlined five distinct and different ambience and locations that we have created around the project, 360 degrees around the project. We've created a beltway, so that people can actually jog or walk or whatever, around this project. We will show you the first slide that we're going to show you after this -- well, first of all, is location, and where you see the bubble is where we're going to take you. The Coral Station Civic Plaza. After that, we're going to show you a picture of what's there now. Then we'll show you a concept paragraph of our vision of what we hope and we're going to bring into the area, and then we'll show you a computer-generated image of what we are -- what our project is all about, so, we'll go through those quickly, now that you understand the sequence of it. Sixteen photographs. Then it's the parking, the overflow parking for the public. Here's a concept photograph of what we're trying to bring into the area, and here's a computer-generated image of our plaza. Now, we're going to deal with the Brickell Way Promenade, and keep in mind that is the linkage from the residential community to the south, to your Metromover and Metrorail Station Brickell to the north. And also, this provides the access for the kids who are leaving Southside School, who might be going to the residential communities to the south. So, we're going to do the sequence again. This is what's there now. There's not even a sidewalk. And where you have some sidewalk, they're interrupted by the piers, and as you can see, what's to the left of that is the Publix' parking, not very pedestrian friendly. Concept photographs. This is what we envision for the area, what we want to introduce. Retail to the sidewalk and a nice, wide-open and shaded walkway. There's our image, computer image of it. OK. So, now we've taken you -- and now we find ourselves in front of the park, at where we call Simpson Point. There was dedicated, at that corner, a 116 May 9, 2002 smaller plaza, not compared to the bigger Coral Station Plaza, which is about 12,000 square feet, but nevertheless, just as significant, a place where people can sit, a destination point. If somebody's walking from Brickell to the supermarket, there's a place where they can sit, read a paper, look at the park. Right now there's no place where somebody can actually sit there and admire the natural habitat that Simpson Park has to offer. This is what's there now, and, again, notice, no sidewalks. There is what links you to the Brickell stations. Concept photograph. We want to create an icon, something that defines that corner. This is our vision of what we see that should happen there. OK. Now, this is a different ambience. Now we're facing the park. We feel the type of retail that's going to take place there is going to be something like Hagen-Daas, similar to what we did at R Villaggio, across the street from the park, who are very successful. There's an ice cream shop, there's a cigar shop, and there's always people using those facilities. So, we'll see that sequence now. Existing photograph. This is our project on Il Villaggio on South Beach, with the raised terraces and the dining and outdoor eating facilities. More concept photographs. The one on the left is Il Villaggio. The one on the right is Coconut Grove. A very early character sketch that we did for that avenue, and this is a night shot of what we're hopeful will happen there. We just don't finish there. A project has -- we have adopted the bicycle path and we have merged that and made that also a pedestrian path. We hope that we can introduce in that area places where people can park their bikes, drinking fountains, public seating. So, if you're riding your bicycle and you're coming from Dadeland, now you have a target, a destination area where you can -- or if you're coming from the Roads and you want to buy at Publix, you have a place where you can park your bike. You walk across -- you can shop in our places, but now we have a nice linkage from those neighborhoods even to the Metrorail Station. This is the path that is there now. And this is -- the one on the right is really interesting. That's where it terminates on Coral Way. I've been there many times and I observe people there, and it really tense the pedestrian, the bicycle rider to just shoot across. Now, we've got a little sign there that says, "Please use crosswalk." It's not very effective. It's very inviting. You're in here and it's telling you, "Come over this way." So, hopefully, when we introduce our plaza, we'll have a reason for people to move to the crosswalk, and also if we can work with the department to relocate that so people are actually, you know, made to use that crosswalk. Concept photographs of what we see the west side of our project is going to be, more or less -- and here again, there's a conceptual image, computer-generated image of that proposed bike path. And, again, notice here the Metrorail guide way. OK. The -- we feel very strongly about that pedestrian edge, and we also understand the importance that landscaping is going to play in the eventual success of that. So, for that reason, Mr. Taylor hired one of the most prominent and respected landscape architects in South Florida, Mr. Taft Bradshaw. And Taft will now present the landscape design and concepts of the project. Thank you very much. Walter Taft Bradshaw: Good evening. For the record, my name is Taft Bradshaw, Bradshaw and Gill, landscape architects, with address at 4337 Seagate Drive, in Lauderdale By The Sea. I've practiced in South Florida, in Miami, for 42 years, and I've had the opportunity of seeing Miami, in many ways, become a great City. What makes great cities is great design. One of the ingredients. And also -- Chairman Regalado: Sir -- Mr. Bradshaw: -- the City's image. Chairman Regalado: Sir, just excuse me for a second. For the benefit of the public, would you place this sideways here, so we could see it from here. Just turn it a little around that way. If you turn it a little sideways so the public can also -- and for the benefit of the TV cameras also. I think -- yes. That's the way. Go ahead, sir. Sorry. Mr. Bradshaw: Thank you very much. The project, as Bert has alluded to and demonstrated in concept and in proposed resolution of what this site should be, is really a total urban site. We approach the exterior spaces as a series of external dimensions, with design, with a great deal of sensitivity in its 117 May 9, 2002 relationship to the pedestrians. Off of Coral Way there's a plaza, which is really a gateway plaza to the property. As you come down, it is demonstrated in the slides and the computer-generated renderings. Also, it becomes a people place. So many times, in our exterior environment, we create spaces that's not inviting. They're just spaces that you walk through, that you don't get a chance to experience, that you don't get a chance to have a social relationship. And it's also part of the civic image of a City. Exterior landscapes and pedestrian ways historically, in any great City plays a major, major role in the identity, the resolution and the livability of these particular projects in cities and sites. In this site, it's, a total urban site, with the Metromover, the Rail, and also the street configuration, limit itself to a very linear type of exterior space. Also, enhancing that is the floorscape of a space. It's got sidewalks. We intend to use special pavers and brick pavers, concrete pavers, to make the floor scape very interesting. The trees and the canopy and the species of the tree, and as the Planning Department, one of the conditions that -- and we certainly agree and we've modified our plan to reflect that -- would be that of a shade, using large shade trees that in (UNINTELLIGIBLE) tree wells to become an integral part of the pedestrian way. This is a pedestrian way, not a sidewalk. Sidewalks, historically, have a curb, have a little bit of a space, then you have a yard. In this urban setting, we wanted to bring the floorscape right to the edge of the street to face to the building, and to develop it as a useable space by the pedestrians both in the neighborhood, visitors and the end user within the development. In order to do that, we've created these three plazas, each one having its own distinct character, and identifying it as a people space, as Bert, in his presentation, showed the different characters. But the most significant and visual one from a civic edge is the gateway plaza heading on Coral Way. The Simpson point corner is very significant, but it doesn't have the vistas and the angle of view to it. But there are -- also, on top of the parking structure, which self-contained parking within, is a very elaborate roofscape. The roofscape not only serves the residents, but also the office tower. We've had a great deal of experience in designing roof gardens, and they've been recognized all over the world for -- and in many cases do with a lot of foreign work and that was quote, unquote "The Miami Look," which was developing gardens on top of parking structures or podiums. One of the most significant edges to this site is the relationship to Simpson Park. Simpson Park is really a very special park. It's a special hammock. It's bounded by a wall, completely covered with native -- wonderful native species of the pigeon plums, the oaks, the gumbo -limbos, the tamarinds, and the trees that make up a tropical native hammock. Simpson Park is not used as an activity park, but almost as a refuge and as an educational park. It doesn't have ball fields. It doesn't have many activities in it. And it has absolutely no parking. I think they said seven or eight parking spaces. I was over there this afternoon just walking around and looking at it. There's only eight spaces on the grass. Simpson Park has the opportunity -- and Mr. Taylor has certainly been very enthusiastic about -- off of Southwest 15th Road, which is a wide median. It's probably the largest right-of-way in this section of Miami. We had the opportunity of landscaping that median, and also set a precedent of what that median through the entire length of this -- Chairman Regalado: Sir? Mr. Bradshaw: Yes, sir. Chairman Regalado: I'm sorry. I apologize, but it seems to lost a quorum. So, we cannot proceed until we have a third member of the Commission here, and -- where's the Sergeant At Arms? Pidermann. Would somebody from the Manager's office get the Sergeant At Arms, please? Could you check, sergeant? We need one Commissioner to continue -- to explain to the people visiting, officially, we need to have three members of the City Commission because, if not, everything that has been said could be challenged, and so -- OK. We're back. Go ahead. Mr. Bradshaw: Thanks for the 7th inning stretch. On the median in 15th Avenue, we would like very much to set a kind of a precedent, which could also carry it to the whole length of 15th Road, would be to landscape it in the same species, same gender as that existing in the park. So that the park has a tendency 118 May 9, 2002 to become an integral part of the project. As it presently exist, you've got a series of very undefined edges, except at the stonewall or native rock wall at Simpson Park. In presentations and meetings with the different homeowners associations, in which they've been very generous and very kind with giving us of their time, and we sought their input and explained our approach to the landscaping and the character of the community. Several great concerns came about as a result of -- that it would be a detriment to Central -- I mean, to Simpson Park, and at one particular evening's meeting, there was discussion of whether or not vertical buildings should even be against or adjoining or close to Simpson Park. Well, from a historical point of view, that is usually in great cities-- and I consider Miami a great City. -- Tall, vertical buildings are usually placed around parks. It will have absolutely no -- it will not have a detrimental effect to the park, in my opinion. And one of the most classic examples of developing around parks is like Central Park. It's not going to kill the trees and be a detriment to the park. We think what we're showing and how we're handling these exterior spaces adds to the natural environment that's in the area, and would also be very friendly -- be neighbor friendly with the accesses to the pedestrian systems and environments we've had around it. We've had the opportunity of working with staff. We appreciate their kindness and their thoughtfulness, as well as the input that we received from the different associations. We've demonstrated, from a design point of view, their concerns into the project, and we feel like that it's certainly a terrific opportunity and could be a strong asset to the City and to the neighborhood. Thank you very much. Chairman Regalado: Thank you. Ms. Burke: Thank you, Taft. Although not a requirement of the MUSP (Major Use Special Permit) application, the applicant hired a botanist to study the impacts of the project on Simpson Park, Mr. Taylor heard the concerns that were expressed by some of our neighbors and wanted to make sure that no harm would come to this neighborhood treasure. The biological impacts study prepared by Dr. David Lee is in tab number 11, volume two of your binder. I would like to ask Dr. Lee to come forward and advise the Commission of the results of his study. Dr. David Lee is an expert on tropical forest ecology and has worked in various countries. He is a professor in the Department of Biological Sciences at Florida International University. He has been a resident of Miami and employed at FIU (Florida International University) since 1980. Dr. Lee. David Lee: For the record, I reside at 5970 Southwest 47th Street. I don't do this kind of stuff. I'm now a lobbyist. I just signed this form yesterday. I've never testified before a body like this. I'm here for three reasons: I care about this park. This park is important and I believe in "Eastward Ho!" I first came to Miami in 1980. My family and I lived three blocks from Simpson Park, just to the north. I came to the park every week, walked around and enjoyed the beauty of the forest. And I grew to understand that, in my first residence here, that this park is a very historic example -- it's a legacy of the vegetation that existed here before, certainly before Europeans came. So, my way of thinking, the park is as important as the Miami Circle, as part of that historical record. There are endangered species in the park. It has a great diversity of trees and shrubs. The animals in the park are the generic urban wildlife that we have throughout Miami today. It's not large enough to support populations of anything that's rare, with the possible exception of insects, about which we know very little. Second reason is that I've been studying the ecology of tropical forests for 30 years, and this forest is a tropical forest. It's one of the things that make Miami special. The third reason is that I believe, because I now do much of my research in the Everglades, that one of the important solutions to the problem of the restoration of the Everglades is to build to the east and not to the west and move beyond the development boundary into the Everglades. And I see this project as part of the strategy in that way. The residents now have raised -- and I'm going to respond to this -- this is what my report is about -- two issues. One of them is the possibility of shading by the project and, secondly, the possibility of effects by the glazing, the windows of the building on the park and perhaps on the wildlife. As far as the shadow analysis goes, you've seen that -- actually, the building -- and this is not a trivial issue for the park -- the building is located in such a way that the 119 May 9, 2002 shading effect on the park is actually very minimal. What I did, however, though, since a small part of the park is impacted, is I did an analysis of the effect of that shading on the radiation environment of the plants, based on research that I did partly in the park about 10 years ago. What I found was that at the worst possible scenario that in the summer season, at about 23 percent of the radiation would be available for plant growth would be lost, and the loss in radiation for the plants for the entire year would be 8 percent. I've concluded, even for the under story plants underneath the canopy, that this shading effect would have no detrimental effect on the park. Second issue is the glazing. The glazing is a compromise. It's a tinted glass that reduces the energy load into the apartments and reduces reflectives and it's recessed into the building. Every building in every house in the Brickell area causes mortality to birds and this building is going to cause some mortality to birds. I don't know if the mortality is greater than the number of cats that people own that kill birds also, but it will if it is not -- it's not a feature that's unique to this building. The reflectants onto the park, given the radiation load to the sunlight, will be minimal. It's not going to affect the biology of the park, in my judgment. And I have concluded for those two issues that this project will have no detrimental effect on the park. Secondly, I think that there are two benefits that this project could have to the park. The landscaping can actually extend by using (UNINTELLIGIBLE) species in the tower, can extend some of the features of the park well into the north and form, in a sense, a bridge with some of the vegetation that exist further north on Brickell, and this provides actually -- this provides wildlife habitat. It provides food in places for wildlife to exist. So, this is going to actually benefit the park in that way. Secondly, the people that live in this tower, some of them are going to become friends to that park. Some of them are going to work for companies that have or will partner with the park to provide volunteer for removing exotics, going to nature lectures in the evening, and using the park. So my conclusion is that this project will not hurt the park. I believe that it will benefit the park. Now, there are other issues that have been raised. I read a report tonight, and I hope that I have time to discuss those issues later on. Thank you. Chairman Regalado: Thank you. Ms. Burke: Thank you, Dr. Lee, for being with us this evening. I would now like to ask our traffic engineer, from the firm of Transport Analysis Professionals, to report his findings to the Commission. Richard Eichinger has a degree in traffic engineering and is a senior Traffic Engineer for Taft. Mr. Eichinger has been in the traffic engineering sciences for over 24 years. He has been a member of the Institute of Transportation Engineers since 1982. He has performed over 100 traffic studies for projects in the City of Miami, including at least 20 studies for MUSP-sized projects, including Mariette Barkly, Brickell Station, and the Beacon at Brickell Village. Richard. Richard Eichinger: Good evening, Mr. Chairman, members of the Commission, staff. My name is Richard Eichinger. I've prepared some notes here. Need some glasses to read them. Senior Traffic Engineer for Transport Analysis Professionals, doing business at 8701 Southwest 137th Avenue, Suite 10 -- 210, Miami, Florida. In February 2001, the developer of the subject development retained me to determine the impact to area roadways and intersections from the subject multi -use development. A traffic study was performed that analyzed 12 intersection locations in proximity to the proposed project. Our traffic study followed the guidelines of the MUSP process. Soon after we prepared and submitted our initial report, we met with various neighborhood groups to discuss our findings. Even though there was no obligation to expand the traffic study, the developer wanted to extend the study area to include four additional intersections to the south that the neighborhood residents were concerned about. In all, 16 intersection locations were studied, which makes this study having the highest intersection count of all MUSP projects I've ever worked on. The project's trip generation was estimated using the latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. The new adds traffic model that was obtained from the Miami -Dade County Public Works Department guided the distribution of traffic. Existing traffic data were collected at 16 intersections under study during the 4 to 6 120 May 9, 2002 p.m. peek time period. All data was then analyzed, using the latest software that supports the most recent version of the Highway Capacity Manual. To extend the analysis to year 2004, the proposed build -out year, background traffic was increased by an annualized growth rate of 2 percent. Then your Planning Department was contacted to obtain traffic studies from all approved but not built projects, MUSP-site projects in reasonable proximity to the proposed Coral Station Project. These studies were then reviewed and the traffic generate by the projects were added to the existing traffic, background growth traffic and proposed Coral Station site traffic then analyzed again to measure levels of service at each of the 16 locations. Some intersections will require minor traffic signal timing and/or phasing adjustments to allow them to operate in an optimized traffic responsive condition. With that said, all intersections studied will operate on level service "D" or better, after build out and occupancy of the Coral Station Development. I should interject here that level of service "E" is the worst-case scenario for acceptable levels of service. And this level of service "D" is one upgrade from that. I'd like to show you a slide -- or is it possible to show them a slide? OK. We may have to dim the lights for this, as well. While he's getting ready, just let me read this: "Although our analysis indicated that no roadway improvements were necessary to accommodate the new project, the developer wanted to do something special that could help improve traffic flow and safety in the vicinity of the proposed project. One special suggestion was to create a roundabout at the intersection of Coral Way and Southwest 1 st Avenue, a five legged intersection." And Mr. Leon is going to get that picture up for you. This is that intersection. This created a favorable response from your Planning Department, thinking it would create a safer traffic environment. And notice, you can see the sidewalk pedestrian in dark brown. And if you've ever tried to walk around that intersection now, it's very hazardous. This would make it a lot better. This created a favorable response from your Planning Department, thinking that it would create a safer traffic environment and have an aesthetic value to the growing Brickell area. " This would be like a front door coming out of the west. Our firm then prepared a preliminary design and, Bert, I guess you could show the next slide there, the design. This is more of an analytical design for a traffic analysis, and this is the design we showed the Department of Traffic and Transportation. Mr. Taylor presented it to the Planning Department. Mr. Clark Turner was especially interested in the concept and wanted to present the idea to the Florida Department of Transportation. Mr. Turner and myself met with DOT (Department of Transportation), presented the transportation -- Mr. Turner and myself, yes, presented a roundabout idea. They were encouraging, with their preliminary response, saying that when properly analyzed, designed, a roundabout may be warranted. Once the project is approved and before the CO (Certificate of Occupancy) was issued, the developer is willing to fund the costs to the roundabout conceptual design. Traffic reports can easily be criticized. The truth is that, if you give the same assignment to a half a dozen traffic engineers, you may get as many results. What can be said and get a hundred percent consensus from every traffic engineer and traffic planner I know is that we can't keep laying down more asphalt to accommodate traffic. It's simply not possible. Americans are in love with their automobiles. We use them for work, for play, and everything in between. To break this cycle and become a truly urbanized City that can take advantage of the transportation system that are already here in place, we need to be more multi -use environments next to substantial public transportation. We need to put the people where the jobs are and the jobs where the people are. Transportation planners have been signing -- singing this song for years. Coral Station's multi use environment fills the need of many of the broad and important transportation and parking issues associated with urban environment. The best multi use environment should include as many everyday land uses as possible. The one before you this evening has residential, office and retail that include restaurants, housed in the same building. Its location allows easy access to Metrorail, Metromover and Metro bus. Every day shopping needs are right next door. A standalone residential environment or a standalone office environment would not likely do well at the edge of the urban center where this is located. And I can say without hesitation that they would certainly generate more traffic than a multi use development. Multi -use environments with substantial public transportation encourage people to walk or use available public resources to many of the everyday needs that we all require. It's like a city within a city. Multi -use projects are the beginning to what is needed to 121 May 9, 2002 reduce traffic congestion and reduce dependency on the automobile. Thank you for your time. And I will be here to answer any questions. Chairman Regalado: Thank you. Ms. Burke: Thank you, Richard. In order to put this project in a true Metropolitan regional perspective, we retained the services of Jack Luft. Mr. Luft has been a 33 -year career as a professional planner. He spent 28 of those years in the public sector and has served in the capacity of Principal Planner, Chief of Urban Design, Assistant Director of Development, Director of Planning and Director of Development and Asset Management. Mr. Luft has prepared several Comprehensive Plans, including the City of Miami, downtown Miami, and the City of Sunny Isles Beach. He has written numerous zoning codes for several communities throughout South Florida. He has a master's degree in urban and regional planning and was certified by the American Institute of Planners in 1983. Jack. Jack Luft: For the record, my address is 1900 Tigertail, Miami, Florida. Jack Luft. Seven hundred thousand, that's a lot of people. That is the amount of the total population of Dade County will increase by in the next 15 to 20 years, according to conservative estimates by the County Planning Department. This is like building two more cities the size of the City of Miami somewhere in Dade County. Imagine that. Of course, the question everyone asks is where are you going to put them all, and their cars? That's a good question. And this may be the most important question this region will answer in the next 20 years. Depending on who you ask, there are two distinctly different answers. Neighborhood groups, civic associations, homeowners everywhere in Dade County -- and I have met a lot of them -- are nearly unanimous. In so many words they say, "Anywhere, but near me." The recent proposal in Kendall for a traditional neighborhood plan called Slamanca was hailed as a model for livable communities, but the design was rejected when it was faced by angry neighbors who said 11 units an acre was way too much. Six units was the maximum. It killed the project. And then along 1-75, master plans called for six units an acre. And the Miami Lakes residents said, "Too much. Only three units will do." And that was changed. And then in the Redlands, housing was proposed for one unit an acre and the neighbors said, "Too dense," and it was rejected. And so it goes, no matter what is proposed and where it seems, the consistent response from neighbors is, we want less. A most interesting article appeared in The Miami Herald on March 13. Maybe you saw it. And I quote "Developers have brought one of the last expanses of a buildable land in Southwest Dade County, a turning point that could test the limits of suburban growth in our community." Think about that. We're about to run out of land for new growth. Something has to give. Will it be the east Everglades? Or how about the Redlands? Or maybe low density residential areas? Let's hope not. The simple truth is, those who want less do concede change is coming and development will occur, and they say all the right things. It's just that change has to be limited to what they feel comfortable with and if it doesn't really answer the question of where are we going to put them all, well, then, that's somebody else's problem. That brings us to the second answer, which elected officials and government agencies and planners, like you, do have the responsibility of finding an answer. Their answers are now the major themes you increasingly hear about when we talk about transportation and environmental and quality of life issues in our community. Things we call Eastward Ho!, urban infill and smart growth. These programs are now at the heart of what the Florida Department of Community Affairs calls the foundation of sound planning for the next millennium. They say, "Stop the inefficient suburban sprawl threatening to smother the east Everglades and overwhelm the Redlands." I, and our agricultural heritage -- and this is something everybody in this room today supports. I don't have the least doubt. But what does that support really mean? As the Florida Transportation and Land Use Study Committee said in its 1999 report, it means encouraging infill of vacant, underdeveloped and obsolete properties east of the Palmetto and especially in the center City. It means rewarding smart development that builds at higher densities with a mix of uses for living and working and is linked to existing regional transportation infrastructure, especially mass transit. These are the words of the State, and this growth must be sustainable, in contrast to the low density single use auto -dependent development we built in the 122 May 9, 2002 last 60 years; but what does sustainable growth mean? It means that cities like Miami actually can afford to provide future services to existing growing neighborhoods and maintain the quality of life and environment that we have come to expect, but this raises an important question and an interesting issue. Just exactly who and what pays their way? Who pays their fair share? It is, in fact, a life and death issue for many communities throughout this country, and that's why the Urban Land Institute and Transportation Research Board of the National Research Council published reports -- I have them here -- Smart Growth, Economy Community Environment, 1998. The Cost of Sprawl Revisited 1999. They found out, in the state of Maine lost 27,000 students in 25 years up to 1995. It still had to spend four hundred and thirty-four million on new schools in outlying areas to serve new growth, new schools that came at the expense of older City schools. Sound familiar? In Prince William County, Virginia officials estimated they collect twenty-one hundred dollars a year in real estate taxes on the average house, but that same house cost the County thirty-seven hundred dollars a year in services. In Maryland, Governor Glendening warns, "Maryland is going to go bankrupt building roads, schools and other facilities needed to serve sprawling growth for the last few decades." But most troubling are the findings of Robert Burchell, as published in the National Research Council Report, it studied Metropolitan areas in seven states, and at the request of the Florida Department of Community Affairs, studied Southeast Florida, Broward, Palm Beach and Dade County, east of 1-95 in the high value areas. And what they found. The average single-family home, low density pays in taxes one quarter to one-half of the total cost of public services that they use. On the other hand, Mr. Burchell's empirical study shows that high-density development of high-rise apartments, offices and commercial developments typically pay two to five times the cost of services they require. In other words, the low-density neighborhoods that cover over 50 percent of the City of Miami and most cities in this country do contribute substantially to the quality of life. But nonetheless, they are riding on the tax paying backs of downtown and high-density commercial areas. Make no mistake about that. Sustainable cities require policies that direct new growth and ways outlined by new growth management legislation. The federal government, state of Florida, regional and county government have codified these policies in regional legislation ranging from regional activity centers, Chapter 380.062(e) of the Florida Statutes in South Florida Regional Strategic Plan, Section 30 of Senate Bill 2474. The Florida Transportation and Land Use Study Committee Report in the 1997 Dade County Comprehensive Master Plan Policies 1 A through 1 E. And your own City of Miami Master Plan land use objectives, one point four and policies 1.41312. Now, let me be specific as how this project is, in fact, consistent with these state statutes and County master plan and your own City master plan. Like local and regional Comprehensive Plans, the Florida Transportation and Land Use Study calls for in its 99 report true multi level planning. You already heard that no amount of funding will build enough highways to eliminate congestion. The Coral Station Project relies on the transit access, area wide pedestrian movements. In fact, this is a true multi -mobile project. Two, people first, improve community livability while supporting integrated transportation systems; this project emphasizes pedestrian friendly walking environments, plazas, courts, integration of uses for convenient and efficiency, and distinctive design for a sense of place. Three. Better land use planning will lead to better transportation, increasing densities, concentrating development and strategic corridors to strengthen transit. This project is your true mixed-use, high-density development fully integrated with all of our transportation systems. And four, reward development. And I want you to pay attention to this. It says, reward development in the right place at the right time with the right form. Livability, not just concurrency, is the goal. The State says, support innovative projects. Almost unique in Miami -- hard to believe, but think about it -- almost unique, the Coral Station Project is a perfect fit with local plan policies for true mixed-use, vertical integration and horizontal integration of activities and efficient transportation linkages. This is an innovative project. Could be very much a prototype for urban development in our community. And we don't talk much about the Dade County Master Plan here in the City of Miami, but I will tell you, cities in this region must conform to the County Master Plan. And that plan says, high density well designed urban centers shall be facilitated in multi mobile locations, and they have adopted, according to the State Statutes, urban and regional centers, and your downtown and Brickell are designated in the County plan as an urban and regional center, and that plan says -- and it's a "shall," not a "should." Downtown and the 123 May 9, 2002 Brickell area shall average not less than three to four point zero FAR. Not less than that. In addition, your adopted City plan and companion downtown master plan provide for average intensities from three to six for the Brickell area. Concurrency analysis, according to Florida Statute, Chapter 163, that supported these efficiently adopted plans, has established to the satisfaction of state and regional authorities the sufficiency of all municipal and County infrastructures to support these densities, and Florida Statute Chapter 380, Development of Regional Impact Local Development Order for the downtown area wide DRI (Development of Regional Impact), has further established that the impacts of development credits that would be issued to this project and projects like it meet all concurrency requirements and, in fact, protect the public health and safety and welfare. Now, many here today would say, despite 20 years of planning, multiple impact studies demonstrating acceptable community impacts, somehow, this project is too intense, too much of a burden on adjacent areas or too high or too bulky. In fact, Mr. Chairman, members of the Commission, this is downtown Miami. Compared to core area developments in successful and thriving urban centers in downtowns in San Diego, Seattle, Denver, Boston, Washington or Atlanta, a project of this size and an FAR of 4.0 is barely an average. But you really don't need to look any further than Coral Gables. Today in downtown Coral Gables, the Codina Group and the Allen Morris Company have just built two major new corporate office buildings at an FAR of 3.5. And in the Gables zoning, you can go with historic bonuses to 4.375. This is in a community that has no transit, that has no regional highway access, no interstate system, but the Gables is eagerly siphoning off exactly the kind of development that should be occurring in Brickell around the Metro Rail Station. It cost the taxpayers one point five billion dollars in 1988 dollars to build Metrorail; three hundred and seventy million dollars to build the downtown Peoplemover, of which the City of Miami contributed several million dollars. And please note, especially note, private property owners around Metromover Stations, including this applicant, have the burden of paying special district property taxes that supports a twenty million dollar bond, specifically to pay for the Peoplemover. Metrorail today is operating at 21 percent of capacity and the Metromover is operating at 26 percent of capacity. We've only begun to tap the potential of these two vital systems. Let me put it another way. The cumulative effect of 20 years of planning, zoning, impact analysis, infrastructure investments by elected officials and citizens of this community is the equivalent of rolling out a red carpet. Commissioner, you know this, in our Development Conference. You've rolled out a red carpet and you've invited projects exactly like this to invest and build in downtown and in Brickell and in exactly this location. Now, our project stands before you seeking to build exactly what you said you wanted and the entire community would benefit and is asking no variances, no cash subsidies -- by the way, Miami Beach is now ready to offer cash subsidies for office users -- and is willing to invest in substantial community enhancements well beyond their own property. It would seem approval of this Major Use Special Permit application is timely, proper, prudent and good public policy, and that's exactly why your staff and administration has recommended approval. Now, I want to address your standards in the MUSP. Your code sets forth substantial detail in explicit conditions, standards for any proposals as such may be demonstrated and satisfied to your consideration of a MUSP request for approval. Number one, this project fully conforms to your Comprehensive Plan, especially policies for mixed-use intensity and transit access; that it complies as well with the County Comprehensive Plan, South Florida Regional Growth Management Plan and the Smart Growth Urban Infill Policies of the Florida Department of Community Affairs. It conforms fully to your SD -7 zoning district regulations as to use, density, intensity, open space, coverage, setbacks, urban design guidelines and parking, a fact certified by your Planning Department in their report. As to the seven standards in Section 71 -- 1703, one, by bringing new job services and higher income residents to the City and by increasing the tax base and tax return to the City at a greater level than the cost of services it will require a significantly favorable impact on the economy this City will resolve. For those who would argue otherwise with regards value impacts on surrounding low density neighborhoods, they need to reconcile those fears with the fact that property values in neighborhoods surrounding this area, low density areas, continue to increase in value faster than the City average, despite a 10 -year building boom in Brickell. By locating jobs, residents (UNINTELLIGIBLE) transient, lodging and retail services convenient to both the City's primary transit systems on bus routes this project will 124 May 9, 2002 efficiently use transportation, number two. Number three, by voting housing, offices and retail services and entertainment vertically and horizontally integrated, optimal access to jobs for both onsite and nearby neighborhood residents is assured. Four, by building County and City master plan intensities and densities, the project provides substantial value recapture for public investments in transportation utilities, and public facilities serving the Brickell neighborhood, thereby assuring efficient use of the necessary public facility. Five, concentrating development impacts on a planned high-density district. The alternative, pushing low density to suburban areas, where sprawl and all of the dependent uses will have adverse impacts on sizable sensitive and environmental areas and resources, is avoided. Six, by conforming to City zoning district regulations, urban design guidelines and DRI infrastructure, improvement requirements that are collectively designed to protect and enhance neighborhood conditions, as well as contributing voluntarily to the rebuilding of surrounding public walkways, landscaping, security, lighting and traffic combing measures, this project will not adversely impact living conditions. In fact, it will substantially yield significant improvements for residents and visitors alike. And seven, by creating plazas in open and accessible building relationships with public sidewalks, creation of active public street lights, increase pedestrian circulation and use of public transit, while diminishing reliance on private automobiles and commuting traffic, only lead to enhance public safety. The same amount of development in a non-core location, in contrast, will proportionately increase auto use, decrease pedestrian activity and minimize active public use space. Mr. Vice Chairman, Mr. Chairman, members of the Commission, this project meets the standards of Section 1703 of your Code, but more than that, this is a part of the ongoing litmus test for the City and years of community planning and the choice is yours. Managed growth, sustainable development, sound planning, efficient use of infrastructure, and economic support for City services is what this project is really about. Thank you. Chairman Regalado: Thank you. Ms. Burke: Thank you, Jack. You certainly have outlined how this unique project epitomizes smart growth and how it enhances this wonderful urban neighborhood for which it was planned. Before we complete our main presentation and turn over the hearing for public comment, unfortunately, I need to summarize for the Commission and for this -- for the record how the project conforms in every way to the requirements of the City's zoning code. I apologize. First, as you know, the property is zoned SD -7. Bert Leon showed you how the project not only meets the intents of the district, but is the model of what your planners hoped would be built in this area. Our mixed-use residential office development, with its extensive utilization of ground floor retail and its unique location adjacent to both the Metrorail and the Metromover transit station is the type of project, which should and must be built on this SD -7 property. In Lourdes Slazyk's opening remarks, she outlined the criteria applicable to the approval of Major Use Special Permits. The majority of that criteria is outlined in Article 17, which provides the detailed requirements for the Major Use Special Permit, specifically Section 1703 provides the standards. It first requires the finding that the project conforms with the Miami Comprehensive Plan and the district zoning classification. Your Planning staff has informed you, and our experts have confirmed, that the project is in conformance with these requirements. Further, the section provides additional very specific and objective standards and criteria by which this Commission may review the project. Criteria one asks whether the development will have a favorable impact on the economy of the City. As outlined in the Economic Impact Analysis prepared by our economist Daryl Sharpton of Sharpton Brunson & Company, P.A., and which is part of the initial MUSP application, the project will clearly have a favorable impact on the economy with a recurring annual output in excess of 55 million. The project will pay three and a half million in annual property taxes, and two point one million dollars in impact fees directly to the City. Moreover, as outlined in the report, the project will create 112 construction jobs and provide 542 permanent jobs. At a time of record unemployment in Miami -Dade County -- this is clearly an important issue. The project also clearly meets criteria number two, in that it will efficiently use public transportation. The property's proximity to the Metrorail and downtown Peoplemover has been fully documented by the experts who spoke before. Next, the project clearly meets criteria three. The project 125 May 9, 2002 will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. This is a true mixed-use project. As outlined in Mr. Luft's presentation and in the Planning Department's recommendation of approval, developments of this nature are what the City has been trying to encourage for years. The need for this type of housing so close to the places of employment is the reason this criteria was developed in the first place. Also, because of the mixed-use nature of the development, there is an efficient use of public facilities; thereby meeting criteria number four. The project also meets criteria five, in that it does not have a negative impact on the environment or natural resources. As Dr. David Lee advised you, after conducting a study of the impact of the project on Simpson Park, the construction of this development, in no way, will threaten the park or its ecological state. Mr. Taylor has done everything in his power to have a favorable impact on the environment and the natural resources of the City. It is clear, through his efforts, to provide landscaping in your public rights- of-way, as pointed out in Mr. Bradshaw's presentation, as well as the siting of the building and the use of non-reflective glass to eliminate the possible harm to Simpson Park. As for criteria number six, the development of the project will have no adverse affect on living conditions in the neighborhood. Everything that Mr. Taylor has proposed is intended to enhance the quality of life in the area. That is true of the landscaping and lighting provided around the project, as well as the institution of plans and designs for traffic combing measure for the neighborhood, not just studies, but actual measures to solve the situation that exists now. Last, the development will have no adverse affect on public safety. Clark Turner, the City's own expert on these matters, specifically reported to the Planning Advisory Board, at the January 16, 2002 meeting, that the development of Coral Station would not increase public safety concerns. Mr. Clark's testimony is on page 43 of the transcript of that hearing, under tab 6, volume 2. Further, this project is in compliance and meets all of the specific criteria found in Section 1305 of your code. Now, this additional criteria is also available to the Commission in its evaluation of special permits. Section 1301 provides for the review of ingress and egress to the property, with particular reference to automotive and pedestrian safety and conveniece traffic flow and access of emergency vehicles. The project is in total compliance with this criteria. Ingress and egress to the site was positioned after meeting with your City staff to appropriately locate the entrances and the exits to the property. The access points were further reviewed and approved by your Planning Department, the Zoning Department, Public Works, the Large Scale Development Review Committee, and the Urban Design Review Board. Further, and as stated by our traffic engineer, the project does not have an adverse impact on traffic or public vehicular or pedestrian safety. This has been substantiated by many studies conducted by experts on traffic matters. Once again, although not required by the MUSP application, the applicant ordered additional traffic studies. Those studies, prepared by Taft, included a revised traffic impact analysis, a parking study at the public shopping center, and a traffic analysis of Southwest 1st Avenue. All four traffic studies prepared, including the original ones submitted as part of the MUSP, are found -- found the project would not detrimentally impact the surrounding area. Mr. Miles Moss for the applicant hired to audit these studies found them to be accurate and further concurred with their conclusion that the project would not detrimentally impact the surrounding area. 1305.2 deals with off- street parking and loading. Again, the project meets this criteria. As pointed out by Mr. Leon, Coral Station provides one and a half times the amount of required residential parking and more than the required number of off-street loading berths, all of this, at the request of your City staff. The reason for staffs request was to ensure that the neighborhood would not be negatively impacted by residents, tenants or visitors to the project parking in their neighborhood. 1305.3 deals with adequate refuge and service areas. The project is totally self-contained. As shown on the plan, all service pick-ups, deliveries, et cetera, will be taken care of inside of the parking garage. The service entrance, as Mr. Leon pointed out, is located on the west side of the building in order to eliminate impact on the service vehicles in the residential neighborhoods. Section 13054, which concerns lighting and specific signage is covered during the permitting process. However, this section does include consideration of glare produced by the project. As you heard earlier from Mr. Leon, a special glass was selected for the project, which provides for minimal reflective area. Moreover, a special residential tower glazing analysis was conducted by Revuelta Vega Leon, which concluded the project would not create a detrimental impact on Simpson Park 126 May 9, 2002 or the surrounding area. Section 13055 involves the adequacy of utilities and 13056 evaluates the general drainage system. As part of the MUSP application, the developer submitted a Site Utility Study, prepared by VSN Engineering. In the study, VSN found that there was sufficient capacity of all necessary utilities available to accommodate the project. The Site Utility Study further provided that the drainage system to serve the project was designed to fully contain onsite storm water run-off pursuant to Dade County DERM requirements. The project also meets the criteria 1307, which deals with the preservation of natural features and existing vegetation. As Mr. Taft pointed out, there are a few old beautiful trees on the site, which will be preserved. And the plant material from Simpson Park will be incorporated into the project and the surrounding rights-of-way. Finally, the last criteria, 13058 involves the control of potentially adverse effects generally. This criteria is only used if it's appropriate to particular kinds of special permit or the circumstances of a particular case. This provision provides a mechanism for the City to place conditions on the approval of projects that are found to have a potential adverse effect on neighboring properties, the area, the City, et cetera. This criteria requires, however, that the staff, board or Commission consider special remedial measures, including screening, buffering, landscaping, and other measures to minimize the adverse effect. In the case of Coral Station, the implementation of this particular section is not required because the project clearly meets the seven objective criteria provided under 1305, as well as all of the criteria under 1700. 1 would like now to conclude our main presentation so that you can open up the hearing for public comment. Of course, unfortunately, I have to reserve a little time for rebuttal. There's just one thing I would like you to keep in mind when you listen to the concerns of the residents in the area, and this is specifically from members the Miami Roads Neighborhood Civic Association, and the South Miami Avenue Association. It may appear to you from some of their comments that we have not worked with them or tried to address their concerns, and I would like to state for the record that we have done everything possible to win their support, including offering substantial modifications to our development plan and offering numerous enhancements for the neighborhood. I first met with the Roads Association in December of 2000. We then presented the full project to all three neighborhood associations March 21, 2001. We met with members of both Roads Association and the South Miami Association on October 30, 2001, on January 9, 2002 and January 29, 2002. In between those meetings, there was continuous dialogue up to and including the meeting between representatives of the applicant and the Roads Association approximately two weeks ago. We would like to thank you for your attention, and we would particularly like to thank your Planning staff for all of their hard work. We ask you to approve our project this evening. All of our development team and consultants are available for any questions that you might have. And if you have no questions, we yield the floor. Chairman Regalado: Thank you. As you all notice, we have a court reporter here and so we need to establish the record, be very clear. Would you please remove that because it's blocking the view from one of the podiums? The people supporting the project have taken one hour and 35 minutes for their presentation, so we'll equally one hour and 35 minutes. Do you -- no, they didn't. At 6:15 we started the meeting with the administration. Ms. Burke started at 6:25 p.m. And that is one hour and 37 minutes. Santiago Echemendia: Mr. Chairman, we won't need any more than that. Chairman Regalado: No, but just for the record. We're going to be fair here. Everyone who wants to address the Commission will be able to do it. Santiago, you know the rules, and the only thing is that whatever you wish to do, designate persons to speak on your behalf, or everyone who wants to address the Commission would have time to do so. We will limit, however, the individual presentations to two minutes. But Mr. Attorney. Mr. Echemendia: Mr. Chairman, Santiago Echemendia, 201 South Biscayne Boulevard, on behalf of the South -- 127 May 9, 2002 Chairman Regalado: Excuse me. I just want to -- what I just said, probably I -- you weren't listening for. I didn't express myself correctly. I said that the individual presentations will be limited to two minutes, but the attorney for the people challenging the project will have the time that the attorney for the proponent will have. Is that fair? Do you think that that is fair? Or would you rather do it another way? Mr. Echemendia: Mr. Chairman, if I can address that for a second. I'll try to address your concerns. Chairman Regalado: No. Because, you know, I'm trying to be fair. One second -- I'm trying to be fair and, you know, you all took your time to come here and you deserve all the time that you need. But I just want to make sure that people understand that you will have the same time as they did, and the public will be able to address. So, go ahead, sir. Name and address. Mr. Echemendia: Santiago Echemendia, 201 South Biscayne Boulevard. I'm here on behalf of the South Miami Avenue Homeowner's Association and the Roads, who are here in concert. We have a structured presentation of about seven people, most of them experts, some representatives of the Associations that will give fact -based testimony. That should not take too long. There are a lot of neighbors, however, that are outside of the structured presentation, that may want to speak. So, I don't have control over them. Our presentation should be no more than an hour. Chairman Regalado: Go ahead. And everyone who wishes to address the Commission can do so. But we're going to have to limit this to two minutes, and we will do that immediately after the attorney's presentation. Mr. Echemendia: I would like to jump -- for purposes of being as expeditious as possible, I'd like to jump right into our experts as quickly as possible, and then I would like to reserve some time to question staff and the applicant's experts, as well as close. You will see that the neighborhoods' opinion as to whether they are adversely affected is far different from what is being represented by the applicant. There are a litany of adverse affects that are going to be testified to, that comprise competent substantial evidence, justifying a denial of this application. At the very least, this application should be deferred so that it could be modified in a fashion that comports in a sensitive-- to the single-family residential neighborhood in the area. It was stated by the applicant that -- Ms. Burke stated that they are building 40 percent of what they could legally build. That's not a correct statement. Your code provides a certain FAR and it allows you to approve up to that FAR counterbalanced based on a consideration of adverse impacts which, under the code, you are required to consider, as well as staff is required to consider relative to the proposed application, so it is a misconception or disingenuous to argue that, in fact, you're entitled to the full FAR. It's like a Comprehensive Plan has 20 units per acre. You're entitled to approve anything up to 20 units per acre. Likewise, with respect to your FAR -- and that's the very reason why you have a Major Use Special Permit application -- you're required to consider the adverse effects that these experts now are going to testify to in order to mitigate the impacts of the proposed development and derive an FAR that is compatible with the surrounding area. With that, I would like for Mark Alvarez to testify as to the adverse effects of this mega structure relative to density, parking and trips generated by the project. I would like to follow up with Rick Fernandez and Kricket Snow, both of whom are architects, and will speak to incompatibility of the super block with the single-family residential neighborhood and the inappropriate massing, as well as the requirement under the SD -7 of minimizing off-street parking, which is not being minimized in this instance. In fact, they're providing one and a half times what is required by the code. The parking pedestal has been described in "The Miami Herald" as being anti -urban. Colin Veater will then come up as the president of the South Miami Avenue Homeowners' Association. John Wilkins will speak on behalf of the Roads. Bob McCabe will speak on behalf of the Miami Homeowners' Association Network. He will be representing five different homeowner associations that are opposed to the scale of this project. Finally, I'm not sure if Robert Bodry is here. He was going to testify as to the adverse effects on the park. Good. I'm glad to see he's here. And then, actually, finally, Alex Ray, who 128 May 9, 2002 is a real estate consultant, a licensed real estate broker and a mortgage broker, but serves more as a function of a counselor relative to real estate developments, who will testify as to the depreciation of value to the single-family homes in the South Miami Avenue neighborhood, which, incidentally, has been confirmed to me by Sarah Eaton to be a state historic highway, as well as a local scenic transportation corridor, which is going to be adversely affected by this development, as will be amplified and testified to by Mr. Alvarez, who is a transportation planner. Thank you. Chairman Regalado: Go ahead. Mark Alvarez: Thank you. My name is Mark Alvarez. I'm a Planner and a Transportation Planner. I have Master's Degrees both in city and urban planning and also in transportation engineering. I've been working in Florida for approximately 10 years as a transportation and urban planner. And also a member of the -- certified by the Institute -- the American Institute of Certified Planners and also a member of the Institute Of Transportation Engineers. I'd like to speak to you about three major issues tonight and they're on the board that's closest to me, just so it will help you to follow along. The first one is about the compatibility, and this is really an essential issue. Section 1305.8 requires you to review a MUSP for a -- I'm sorry -- a special permit for appropriateness, given the potential adverse effects on generally adjoining properties in the neighborhood. It requires you to also, when you're doing that, look at the character and scale, which is what I'm going to talk about. And when you have your findings, you look at the (INAUDIBLE) occupancy will be compatible -- and I'm quoting -- will be compatible and harmonious with other development in the area. Let me talk a little bit -- first point on that board is about SD -7. And I think in the presentation you heard before, they also talked about SD -7- And the intent of SD -7 is to create an environment for transit utilization and pedestrianism. I don't think anyone argues with this. Physically, it requires several things: Density. It requires mixed -uses. It requires a pedestrian environment, continuous sidewalks, ground level landscaping, continuous retail frontage, etcetera. It requires also traffic reduction, which is why the transit dependency is important. Partially, to minimize the pedestrian conflicts so that pedestrians can walk across the street without having conflicts with automobiles. Now, the City supplies some of the infrastructure. The continuous frontage requires a good retail environment, and that requires parking, traffic and density. The safety is a different issue. Too much traffic forces signal light changes so that you have less time to cross the street, and that requires less traffic, less parking, less density. So, I'm saying this so you'll appreciate that what you do in SD -7 is a balancing act. It's not all about increasing the density to the maximum. You have to look at things both ways. Let's start with the density. When this development requests 120 dwelling units per acre, and I'm talking about density here, not floor area ratio -- with a reported five hundred dwelling units per acre available or allowable. But since a special permit is -- as Mr. Echemendia reminds you -- you get to decide what that needs to be. If you see that there's too many impacts, you can lower it. So, the question that nobody's ever answered before is what kind of density to do we need to support the objectives of SD - 7? What kind of density do we need to serve transit needs, to serve pedestrian objectives? There's a lot of evidence collected in cities, such as Portland, Seattle, San Francisco, all of them, when they implemented their transit systems, they looked into this question and a lot of this is summarized in the American Planning Institute publication. This one here, it's called Creating Transit Supportive Land Use Regulations, and it summarizes those studies. And what do those studies point out? They say that residential densities needed to support basic transit -- small buses -- is basically about seven dwelling units per acre. That's very low. But at around 30 dwelling units per acre -- or I should say, actually, 30 to 60, you could start to support rail transit. That's where you get to supporting a Metromover or a Metrorail, 30 to 60 dwelling units per acre. Think about that. New York City, with the exception of the downtown -- the actual core of downtown Manhattan, the rest of the barrios, that's 30 to 60 units per acre. Thirty to 60 is about six to 10 story apartment buildings. That's what you need to support transit. That's what you see in cities all over in the larger part of the city, not in the very downtown CDD (central downtown district), as we call it, or urban core. This City, to add to that, is in the midst of finalizing -- or I should say, they're in increment 2 of its downtown DRI, the Development Regional Impact, of which 129 May 9, 2002 this area is a part. It's actually on the very southern tip of it. The downtown DRI considers, among other things, the market forces for housing. Right now in the entire DRI area, there's about 10,000 residential units. The DRI forecast in increment 2, that by 2009, you add about 8,500 units to that 10,000; for a total of eighteen five, eighteen thousand five. If you took that and spread it out over the DRI area, you'd find that that comes out to about 20 to 30 dwelling units per acre, actually, 22. They're saying, assume that a lot of those are not immediately developable in the next 10 years, you still have 80 to 90 units per acre; so you're wondering what's the point, and why am I saying this? The point is this. If you have a MUSP and you want to support transit dependency and you want to support pedestrian objectives, you don't need over 100 dwelling units per acre. You need less than that, at a minimum, probably in the neighborhood of 30 to 60. In a downtown corridor, you could have more. But if you put a lot more in one place, I think you assure yourself that that downtown core, because of the market being only so big -- and the DRI looked at that market in its total, eight thousand five hundred units on the outside, optimistic -- I think you're assuring yourself of a lot of parking lots. You could either spread the development out or you could have the development all in one spot, and the other spots, they go empty. It's a judgment call. The scale, and I guess that everything I said relates to the scale, but when we look at the scale visually -- and you saw a presentation that gave you the north and the south view. There's also a rendering within the package. What's around this building, 38 stories high, and everything around it is 2 to 3 stories high. This project is right on the edge of the urban fringe. To the south --just as you saw in the renderings, just as you saw in the power point presentation, to the south is nothing that you could see from an aerial view, except trees and some red tiled rooftops. That's where this project is. There's no compatibility with -- to its south and actually what's around it right now, there's no compatibility in terms of scale either. Next, I want to talk about whether this project is really transit dependent, or I should say whether this project really supports transit objectives. And I'm going to talk about this in the context of the parking. I'm first going to read to you what SD -7 says in paragraph 5 of the Section 607.1. Paragraph 5 says, in consideration of the concentration of residential, office and ground level commercial uses in the district and the availability of rapid transit, and to protect against the dominance of the automobile in the district, it is intended that off-street parking requirement be minimal and designed to minimize visual impact. Then in 607.1.10, it gives requirements for that district. And without going through the requirements, the requirements are all extremely low, as far as what you need to have for parking for this development. And just quickly, for example, for residential, it's about one half to two thirds of what it would be in any other district. For retail, it's about one third of what it would be anywhere else in the City. For restaurants, bars and nightclubs, it's about a quarter to a half. I'm sorry, a quarter to a third of what it would be anywhere else in the City. So, you see, SD -7 has very low parking requirements because it wants people to use transit. So, you would expect that those parking requirements are what you see in this project. Under those standards, this project would require 756 spaces. What it gives you is 1,276 spaces; 168 percent of what SD -7 wants it to have. Now, I'll remind you, those parking requirements are not a ceiling, unfortunately. They're a minimum limit. But clearly the intent of SD -7 is that this is transit - oriented and we minimize traffic trips, car trips. But what we have is something that's actually at about 88 percent of the parking that you'd have anywhere else in the City, transit or not. What does this do? Well, it gives us a large pedestal in the middle of the structure, which is not consistent with that paragraph 5, which said to minimize the visual impact. And number two, it makes us ask, if we're supplying parking at basically market requirements that would exist anywhere else in the City, anywhere else in the County, anywhere else in the City, then we're not really developing something that's transit -oriented. We're developing something that's automobile -oriented. Finally, I want to get to the traffic impacts. I'll read a little bit from Section 1703, regarding MUSPs and the standards there. And among the seven standards that are added to Article 13, which is special permits, there's number 6 and number 7, and they simply say, you have to look at whether a development will adversely affect living conditions in a neighborhood. And number 7, whether the development will adversely affect public safety. And that's where we get to traffic. I looked at traffic in two ways, and the first thing I did was to look to see if there were any flaws in the traffic study and there were some. The traffic study undercounted the actual trip generation versus the actual number of trips to come out of this project, by approximately 18 percent. The study uses 716 130 May 9, 2002 trips, before accounting for transit and internal capture and pass -by trips. The actual number should be 869. And the errors come in this. Residential units that are included in the description of this project are 390, 204 two and three-bedroom units, 186 one -bedroom condominium units, with lockout units hotel rooms attached to them. That's 390. The transit study gives us 200 units. That's about 50 percent. They're low. I think somebody might have rebuttal to this saying something about the fact that it was included in the hotel units. But the fact is, is that those condo units that have a condo and a hotel room count as a hotel room and a condominium room. That's why you do trip generation. You don't choose one or the other. You have to use both uses. General office was undercounted by a very small amount actually, and in the presentation it was made -- actually, they lowered it. So, I guess OK. Retail was also undercounted. The traffic study uses 60,000 square feet. The actual number of square feet is 62,333, of which 8,000 of those feet in the description are said to be re -- restaurant space. Restaurant space has a very different trip generation than retail, and in fact, by not including those 8,000 square feet as restaurant, it lowers the number of that 8,000 feet by 67 percent. The next issue was -- and it's one that I think has been bothering the residents of the Roads for quite a long time -- is that this is inconsistent with the other MUSPs in the area. We looked at four other Major Use Special Permits that had been recently approved: Brickell Main Street, Brickell Grand, Brickell View and Park Place at Brickell. And they're shown in green on that map to the left of you. Comparing the traffic counts at different intersections, and that was the only thing we could do. We could address them all for the current year and then compare what the counts were at different intersections among the four different Major Use Special Permit applications. There's a chart in front of you that shows, among some of those intersections, and as we compare what the difference is in trip -- in the actual traffic counts. And we have differences at some of those intersections of up to 15 and 18 percent. That can be a full level of service difference, depending on what the actual numbers are. Finally, on -- let me go back -- sorry about that. Finally, as far as the flaws in the traffic study -- here's the big one -- the study looked at Brickell Main Street, Brickell Grand and Brickell View. Park Place at Brickell, which is just down the street, one block away on 15 Road and Miami Avenue, wasn't included as part of the MUSPs that were looked at as far as the background and other committed growth to this project. It wasn't included, and that's an approved Major Use Special Permit, and quite a large one, too. Not only that, but the Brickell -- Park Place at Brickell has certain mitigations in its traffic study and certain mitigations that are part of its approval, such as traffic light change -- traffic timing -- traffic light timing changes at 15th Road and Miami Avenue. Because Park Place at Brickell found that when it's built in 2004, that intersection is going to be a level of service "F," and that's not included in this study, and those traffic light timing changes are not included in this study, so leaving out Park Place at Brickell is a major flaw in the traffic study. Finally, I want to talk about the traffic impacts, and I suppose that's really the meat of this. The first impact is about cut -through traffic on Southwest 1 st Avenue. The traffic study that was part of the application, it didn't really look at Southwest 1 st Avenue, at all, and if you look at the map that's on the left-hand side of you, on the left-hand board, you'll find that there's a purple arrow that goes up to 79th Street, entrance to the I-95, and then there's two arrows that are purple and red, dotted red, that go to the 25th and 26th Road entrances of I-95. I took the trip generation and I took the same model information for the trip distribution in that TAZ, as we call it, and assigned the trips and looked at how many trips would go to I-95 northbound from each of these three entrances, because the study only looks at 7th and 8th Street entrances. If you look at the 7th and 8th Street entrances, they are the closest, but the problem is, is that there's five signals along the way. If you go down South Miami Avenue to I-95, it's a little bit longer distance, 4,900 instead of 3,900, but there's only one stop and three permissive ranks, so you can go faster. If you go down Southwest 1 st Avenue, it's also a little longer, 4,500 feet. But there's only two signals to go through and a stop basically to make a left. The way people have decided how they're going to go to a place is not by the distance. It's by the time, and, particularly, by how much delay time it is, because that's what's annoying, when you have to wait at a red light, and then at the time that it would take to go down through each of these routes. The time to go to the entrance of I-95 at 7th and 8th Street is the longest. It's about seven minutes because of those (UNINTELLIGIBLE) signals, and I based this on DOT (Department of Transportation) level service calculations and measurements. On South Miami Avenue is actually the shortest in time. It 131 May 9, 2002 would take you about three and a half minutes to get to the halfway, and to get back to 7th and 8th Street, four and a half minutes. In other words, the whole trip to get to the same place on the highway, four and a half minutes. Nearly a little more than half of going the 7th and 8th Street way, and if you're going to Southwest 1 Avenue, which is a straight shot -- it's where the purple and red arrow on your left -- that one takes you only 4.9 minutes to get to 1-95 and to get to the same spot on I-95, little further north, five -- six minutes basically. So, the favorite routes in order of shortest time to the longest time is South Miami Avenue, Southwest 1st Avenue and 7th and 8th Street. From the traffic study, all of the 1-95 northbound traffic was assigned to go to 7th and 8th Street. If you revisit this and look at it, distributing those trips over each of those three routes, we put about 40 to 50 trips just on Southwest 1st Avenue to get to I-95 in the p.m. or -- I'm sorry, in the am. Fifty in the pm. That's about a third of what the livability standards for a local residential street are when we look at the Miami-Dade Traffic County Ordinance. We don't even know what the background traffic is, and we're already putting a third of that amount of traffic onto Southwest 1st Avenue. Finally, there's a cumulative impacts of this development in Park Place at Brickell, which was not measured at all, on South Miami Avenue. On the same analysis that I just gave you, this would put 125 pm periods onto South Miami Avenue. In other words, the 1-95, plus what was supposed to go down there from the south direction for this -- from what the model says. If you add to that, Park Place at Brickell, which wasn't analyzed at all, that adds another 126 trips, for a total of 251. For that street, if we were looking at measures of livability, its limit should be 300 in a peek hour and 3,000 per day. If you add the 251 trips, what's already there, which is about 700 trips in the pm, we're at nine hundred and -- approximately 960 trips in one hour on South Miami Avenue. Miami Dade's Traffic County Ordnance says you need to look at something for traffic coming when it hits 300 in one hour for connector street. The daily numbers, they're just as exciting. Seven thousand three hundred existing; 1,433 from Park Place, and this development -- well, I didn't write it down. Unfortunately, I didn't write it on my notes. But in any case, we're at about 9,000 trips on South Miami Avenue and, again, 3,000 per day is where you're supposed to look at something for traffic counting measures and for impacts on livability of a community, so very quickly, in summary, you have a development that's far more intense than what we need to serve the objectives of SD-7, serve the objectives of transit -- creating transit dependency and creating a pedestrian environment. We have parking storage in this development that exceeds what we want for a transit-type development by about 68 percent -- 168 percent of it. So, we think that this development might be far more auto-oriented than what is being presented. Finally, the traffic study is not consistent with other MUSPs and the impact to the Roads neighborhood on both South Miami Avenue and Southwest 1st Street have not been adequately addressed, have not been measured adequately to our understanding. Thank you. Mr. Echemendia: Thank you, Mark. (APPLAUSE) Mr. Echemendia: I would ask that Rick Fernandez, who's a local architect, as well as Kricket Snow, who's also an architect, testify to scale and compatibility. Chairman Regalado: Are we -- Mr. Echemendia: As well as the parking pedestal. Chairman Regalado: Excuse me. Are we done with this board? Mr. Echemendia: Yes. Chairman Regalado: Because it's blocking the view of the cameras. Go ahead, sir. 132 May 9, 2002 Rick Fernandez: Thank you. Good evening. My name is Rick Fernandez. I'm president of Indigo Service Corporation, located at 3195 Southwest 3rd Avenue. I'm a licensed architect in the state of Florida, Texas, Massachusetts, Georgia, and South Carolina. I practice architecture in the last 20 years in the City. I'm based in the City of Miami, and I've lived in the City of Miami for 42 years of my life. My comments will be very brief. I'm presented as an architect, as a concerned citizen, as a director of the South Miami Association. The proposed site is not an urban site. It is a transitional site, and we have been very conscious of that. When we look at this titanic monolith of 424 feet, OK. Next to it a 12 -story or 12 feet or 24 feet, there's something wrong with the system, OK. So, this is something that we have to keep in our mind, very, very, very bright. The Coral Station Project, as proposed, is totally out of the scale with the character of the neighborhood. Now, this is a neighborhood of residential, historical South Miami Avenue. Titanic footprints and proportions collide with the context of the Brickell Village. This is not Brickell, downtown Brickell. This is the Brickell Village. It ignores the City's proposed HOK guidelines for this fragile, yet expanding, area. As Mr. Alvarez pointed out to you, you have seen four MUSPs that have been totally ignored by this developer. You put it all together; the facts have been presented by Mr. Alvarez. The Coral Station Project, as proposed, offers no transitional scale to the neighbor, and it disregards other existing and planned developments. It is not planned in accordance to the intent of the City zoning ordinance. Perhaps, most of you have already forgotten the consequences and negative impact of similarly considered residential projects in Chicago and New York. This residential brutalism that resulted in gigantic shoeboxes that ultimately had to be destroyed after they destroyed the neighborhoods where they were erected, OK. My son is 30 years old, as the youngest son that I have. My grandson is two years old. They love Miami for what it is. They're about to leave this community that we have created, that we have worked and lived because of the scale that we have. We cannot create another downtown in the Brickell Village. I simply ask for your wisdom in denying the approval of a Coral Station Project as presented. I'm not against developer. I think the developer has used perhaps one of the finest architects in this town, but we have to create a transition. We have to diminish the impact of this project, and we have to lower its scale to be sensitive to the future of our City. Thank you so much. (APPLAUSE) Chairman Regalado: Could you -- please. Would you refrain so we can save time? Go ahead, ma'am. Kricket Snow: Good evening. My name is Kricket Snow. I live at 35 Southwest 24th Road, and I'm here representing the South Miami Homeowners' Association. Also, I was introduced as an architect. I would just like to comment briefly on the zoning of this project, as well. We've talked a lot tonight about the SD -7 zoning of this particular site, and I'd like to note that because this is an SD -7 area, it allows for an unlimited height, it allows for an FAR of eight times the gross lot area, and it allows for -- or it imposes, actually, a maximum setback for something built on this property. That's precisely why the developer is not asking for any variances. It simply isn't necessary. This SD -7 lot allows for almost anything than any developer could ask for. I would also like to reiterate the intent of the zoning code, as stated earlier in the presentation, is to increase ridership of mass transit and to decrease the impact of traffic in the neighborhood. Seeing as they are providing for double the parking or approximately double the parking spaces that the zoning code requires and therefore providing for double the parking structure and mass on that area, I believe that clearly there is a conflict with the intent of the zoning code. And I believe that the developer's taking advantage of what the SD -7 district offers, but is not accepting his responsibility by aiding the City in its goal to reduce traffic and promote ridership on mass transit. Lastly, I would just like to mention that I'm certainly not against development. I'm very much for responsible development and I simply believe that this is an overdevelopment of this site. Thank you. (APPLAUSE) 133 May 9, 2002 Chairman Regalado: Please. Mr. Echemendia: Incidentally, Kricket actually came up with a concept plan, where there's a reduction in the number of stories to the residential tower without losing any units and wrapping those residential units around the parking pedestal so as to obviate its unsightliness, et cetera, and just having a football field and a half of a 9 -story parking pedestal. We would be happy to share that with you. We thought it would be - - that still doesn't address the traffic impact, but certainly it shows you that this project could be modified to be more sensitive without even reducing units; though, in the opinion of many of the neighbors, there should be a reduction in units as well, so as to mitigate the traffic impact. Chairman Regalado: OK. Who else? Santiago. Mr. Echemendia: I'm sorry. At this point, Joe Wilkins, on behalf of the Roads. Vice Chairman Winton: Santiago, could you have all the people that are going to speak come up and get at both of these microphones so that when one's done, another one's ready to go and we can just get them through instead of -- Mr. Echemendia: Yes, absolutely, Commissioner. Vice Chairman Winton: -- one at a time coming up. Mr. Echemendia: We only have three or four more people and they'll be quick. Chairman Regalado: He only -- Vice Chairman Winton: Oh, these are your experts, yet? Chairman Regalado: He only had seven. And then -- Vice Chairman Winton: Oh, I'm sorry. I'm sorry, sir. My fault. I misunderstood. I thought we were at the public part and you're still -- sorry. Chairman Regalado: No. The public, if they want to, you know -- Joe Wilkins: I'm part of the public and -- Vice Chairman Winton: Yeah. But he's already said that that's not his process. Chairman Regalado: But his presentation is only -- Vice Chairman Winton: I was out of line. Sorry. Mr. Wilkins: Part of the public and part of the chorus. Joe Wilkins, lived at 228 Southwest 23rd Road, since 1959. My family lived there many years before that. I'm going to summarize briefly the major concerns, some of which you've heard. I'm going to try to bring them down to a neighbor's eye level. You've heard a lot of experts. I'm not a traffic expert. I'm a neighborhood expert. I've been here a long time. I've seen it all. In terms of traffic, I want to underscore what our expert said regarding the use of 1 st Avenue and South Miami Avenue to access I-95. For a variety of reasons, people who live as far away as 15 Road, very close to the 8th Street exit, do not use the 8th Street entrance to I-95. They come down 1 st Avenue. They come down South Miami Avenue. That's a fact. The people who live in this 134 May 9, 2002 building will do the same thing, only more so. First Avenue is in no way, shape or form able to accommodate this traffic. South Miami Avenue is a one -lane, single-family residential road. First Avenue is about a half lane residential road. In some places, not much wider than the bike path that runs right next to it. You cannot dump any more traffic on 1 st Avenue. This is case where the City again needs to look at the infrastructure that's in place before you approve a building, not put in a building and then, as they said before, there's nowhere to put anymore pavement. You have to look at the infrastructure first. First Avenue will not support this building. The concept of people using public transportation, I'm not even going to go there. People don't. I wish they did. They don't. The transition, the architects have mentioned that. There's no transition between this building and our neighborhood. We were told by the developer, initially, that Simpson Park would be the transition. Can't use that word. That's not true. Simpson Park is the neighborhood. It's not a -- there needs to be a transition from the project to Simpson Park. You can't have a sky rise next to a hammock. It just doesn't work. With regard -- let me go back to transition for just a minute. There is a Brickell Village Plan, which we're going to discuss more in just a minute, and this is a (UNINTELLIGIBLE) plan that's coming up. It's a plan the City's invested a lot of energy and time in and it seems fairly reasonable. It calls for your density in the middle, and a transition, down to the residential areas. I've said this before. If this project conforms to the Brickell Village Plan, then I must be the Brickell Village idiot, because to me it looks like a high rise in the wrong place. It should be in the middle of Brickell, if anything, or toward the density as it's defined, and we're going to get into that in a minute. I was somewhat encouraged to hear the environmental report. However, our organizations and your Parks Advisory Board have requested that an independent environmental study be done. It's -- I commend the developer for hiring a botanist to do it, but he also hired a traffic expert. When we looked at that, there were a lot of holes in it. We want an independent study done of the cumulative impact of this project on Simpson Park, including wind flow, shadow studies, et cetera. My main point and the problem that I think we're facing, you all look at these projects individually. The impact on our neighborhood is cumulative. All these developers come forward with projects that individually check out and are in conformance with your requirements. But nobody has looked at the cumulative impact these projects are going to have on our neighborhood. I know there's been some moves in that direction. I saw Tory Jacobs here a couple of months ago. I went to a traffic workshop, Commissioner Winton, a month or so ago. We realize the problem, but until we have an answer, we're the ones that are going to bear the impact if projects like this are approved before we know what their effect is going to be. And real quickly, I'll go through the issue of negotiations. We were presented with a general concept of the project at the Brickell Homeowners' Association meeting. That was, I believe, she said in February -- March of 2001. The next October we were presented: "Here's the project. How do you like it?" Basically -- I'll paraphrase -- take it or leave it. We didn't like it. We provided a lot of input. We did have a lot of meetings. They came back, basically, with a little bit lower project. They reduced the height. But as we understood it, there was not really a reduction in units, which did not address, again, our number one issue, which is traffic. We were told and it was in the newspaper at that time. We said, this is a good first step. At least there was a change, when before it had been stated there couldn't be a change. All right, we've got a first step. The exact quote from Mr. Taylor, and neighbors was, "This is the last step. This is all I can do." Again, nothing else can be done. Then two weeks ago, our president was approached with another proposal, which I can't even quote on, because I didn't hear it and I haven't see it in writing. I'm not sure what that was. We are willing to negotiate. We are still willing to talk. We're willing to put our time and energy into this if, and only if, the developer is willing to realize that this project does not need a tune up. This buggy needs a major overhaul. This project just doesn't fit. It's going to have the traffic and another issue that we're going to describe right now. We hope you will consider, for the reasons we've mentioned, not approving or sending us to negotiation with the condition that there can be some major changes made. Thank you. Mr. Echemendia: Colin Veater on behalf of the South Miami Avenue. 135 May 9, 2002 Maria Christina Vazquez: Good evening. My name is Maria Christina Vazquez, 311 South -- well, if you want to stop, I don't have any -- Mr. Echemendia: No. I'm sorry. It's just that we have some witnesses. Ms. Vazquez: I thought he told me to come up to the microphone. I only have 30 seconds. Would you let me, Mr. Regalado? Chairman Regalado: Yes, of course. Ms. Vazquez: OK. Chairman Regalado: He wants -- I guess that he wants to make a whole presentation. Ms. Vazquez: You know, this is taking too much. Let me give 30 seconds, OK? So I can go home and leave you alone. Chairman Regalado: Go ahead. Go ahead. Ms. Vazquez: My name is Maria Christina Vazquez -- I'm sorry -- 311 Southwest 25 Road. And, really, I'm opposing to this project, not to the developer. I am very disappointed that a lot of chairs are empty. This is very disappointing for the constituents because we vote for you and whenever you want to be here, you are. And whenever you don't want, you leave. But anyway, the thing is that if you go tomorrow -- Chairman Regalado: Well, excuse me. Excuse me. Ms. Vazquez: Please. I don't want to -- Chairman Regalado: One second. One second. Your area Commissioner has not leave the chair -- Ms. Vazquez: No, no. That -- no -- Chairman Regalado: -- for one minute. Ms. Vazquez: That's the best Commissioner we have ever had in the Roads. Chairman Regalado: So you know. Ms. Vazquez: Mr. Sanchez. (APPLAUSE) Chairman Regalado: And I -- Ms. Vazquez: The best. But I come -- Chairman Regalado: And because -- Ms. Vazquez: No. As a respect -- 136 May 9, 2002 Chairman Regalado: And because -- excuse me. And because I'm the Chairman and I have to conduct the meeting -- Ms.Vazquez: OK. Chairman Regalado: I have -- Ms. Vazquez: You can do it. Your wife is not here today -- Chairman Regalado: No, no, no, no. Ms.Vazquez: -- so you are the boss. Chairman Regalado: No, no, no. Ms. Vazquez: No problem. Chairman Regalado: No, no. Ms. Vazquez: Anyways -- Chairman Regalado: I'm not the boss here. I'm just saying that all the members of the Commission, we have been there -- Ms. Vazquez: No. But I respect all of you. Chairman Regalado: We have been here. Ms.Vazquez: It doesn't have to do with my -- Chairman Regalado: But we have been here -- excuse me. We have been here since 9 o'clock. Ms. Vazquez: I know. Chairman Regalado: And we plan to be here as long as you want. Ms. Vazquez: Oh, yeah. I feel very bad. OK. Give me 30 seconds. Chairman Regalado: But sometimes they have to -- Ms. Vazquez: I respect the developer, but I would like you -- Mr. Sanchez, don't be ashamed. I love you. It's my fault. Commissioner Sanchez: I'm laughing at the joke he said. I'm sorry. Ms. Vazquez: Don't worry. I respect Mr. Regalado, Mr. Winton, Mr. -- and the alcalde. I don't know where he is, but anyway, I vote for him. Anyway, I oppose for this and if you go tomorrow morning at 7 o' clock, where the Publix is, you will see -- I don't know how he got the permit to get that, that Publix which all of us love. There is no parking space. Those trucks have to park on the street by your (UNINTELLIGIBLE). So, how come I am going to trust and believe that what Mr. Taylor and the architect, which I respect -- because if it's good for us, for the neighborhood, it's good for my property, 137 May 9, 2002 because then my property will go up. I will be so very naive or stupid or whatever to not agree for what they say. But the thing is that, OK, they vote, they do and perfect. And they leave and the neighborhood is -- we lost. I love you all. Mr. Sanchez, don't feel ashamed around me. OK. I love you. I love you, Miami. Bye. Chairman Regalado: OK. OK. Santiago, go ahead. Mr. Echemendia: Ralph Bodry is going to testify as to the sensitivity of the park, the fact that it's a fly- over, et cetera. Ralph Bodry: My name is Ralph Bodry. I live at 1430 Brickell Bay Drive, Apartment 502. I was privileged to be the City of Miami's naturalist from 1964 to 1995 and I was stationed at Simpson Park. You know, it's a remnant of our past, reminder of the giants upon whose shoulders we all stand, of a tropical wonder, and perhaps, most appropriate of all, a survivor in the age of massive take -no -prisoners development. There are multiple ways in which Simpson Park may be viewed, and viewpoints are by nature subjective, but for those who have ventured into its inviting or threatening interior, the experience is memorable. It may be one of anticipation, surprise, pleasure, apprehension. Oh, my God. Am I lost? But for each visitor, the encounter is unique. And for a fortunate few, it reveals its true essence. They come away, in some measure, more complete. Once I had thought of it as timeless. This poetic view is not defensible. It exists in time, as we all do and, as such, it has not escaped the effects of time, but it is a living system and, perhaps, in a more esoteric way, in its totality, it is an entity. Certainly, the sum total of its attributes far exceeds their individual values. But as a character of time, it has to adjust and respond to a changing environment. The Simpson Park of 2002 is subjected to stresses unknown during the period preceding our modern machine age. The forces shaping its destiny are of a different order and magnitude. Air pollution and basic exotics, destructive forces of both human and other than human, such as weather patterns. In my capacity as park naturalist for the City of Miami, I witnessed the demise of a few species of trees and plants that could not withstand the onslaught of change. Also, some biological species. Now, the proposed development north of the -- has the potential and moreover the probability of exacerbating the stresses already present. Reflection of a blazing summer sun off of exterior panels can hardly be denied. It's going to raise the ambient temperature another notch. Consider the effect of a hurricane. The velocity of hurricane winds are certainly stepped up as they seek to move past huge structures placed in their path. This is surely verifiable with the appropriate formula from just a basic physics text. In a practical manner, merely stand at the intersection of Brickell Avenue and Southeast 13 Street during a period of brisk easterly winds and you'll get any drift. The hurricane winds whipping around the completed structures in such close proximity to the northwestern part of Simpson Park will create a vortex of previously unknown intensity. One could hardly deny the outcome will be additional stress. How will we know when the stress level has passed a critical point? Probably when it's past rectifying, and I'm reminded of the huge sudbury (phonetic) tree, which was right adjacent to Metrorail, which ended up, after Hurricane Andrew, leaning right against the Metrorail tracks. It lasted all of about four hours after the hurricane. So, I hope to Commissioners will certainly consider the potential for destructive forces generated by this project. Thank you. Mr. Echemendia: Alex Rey, who's going to -- he's the real estate consultant. He's going to testify as to the evaluation of properties. Chairman Regalado: Please. Alex Rey: Good evening. I'll be brief. It's getting late. As a part of Broday and Associates, Inc., real estate counselors and brokers, I'm officially an advocate for developers and new projects. This is a new role for me. As such, I'm aware of the challenges that developers face today in order to meet a project's feasibility. The high cost of land approvals and development cause developers to attempt to maximize 138 May 9, 2002 and reach maximum build -out to meet performance. That's a fact of life. In the case of Coral Station, the project, it clearly exceeds the infrastructure capabilities of the neighborhood. I think it's been amply proven by testimony. It's not suitable and compatible with the surroundings of the immediate residential use. It would create a significant adverse impact to the safety, quality of life of the families of the surrounding neighborhoods. The developer's aerial and site plan renderings proved that there's no compatibility within the context of the area. The immediate proximity to this large -- I think it was -- the word that was used is "titanic" -- in concentration of commercial and multi -unit residential units, without an adequate transition from the existing single-family residents is going to affect the residential environment and quality of life for the people that live there. Consequently, as traffic increases, accidents will happen, inconvenience of people living there, to get in and out of their homes. The desirability and marketability of the houses will drop. Right now the area is striving. It's enjoying a boom in property appreciation because it provides a very unique environment near the downtown area. You can live a very quiet residential life, safe, for your family just minutes away from your work. If you change those conditions, the consequence will be less desirability, less marketability and property values will drop. I suggest the developer's application be denied, as proposed. I don't think that you should deny the project without some revisions. I don't think it's fair to the developer. But I think that, as proposed, it's going to be a problem for the neighborhood. It's going to be a problem for the developer. I have been involved in white elephants. And when you push a project to its maximum limits because of feasibility concerns, sooner or later you're going to pay that price. I think the City has a responsibility to take into consideration the community effect of all the projects that are being done. And I cannot mention names, but I was recently involved in the feasibility evaluation of a proposed project in the Brickell area. We decided to pull back. We decided to pull back because we were concerned about the community effect of traffic and the stress on the existing infrastructure that is being created in the Brickell Village area. I think the City has responsibility to study the community effect, and set some guidelines and to protect, not only the residential neighborhoods, but also protect future, you know, commercial development. The Coral Station Project to be built responsibly, assuring compatibility and within the capabilities that the City has in this area. If the developer, the residents and the City can work together, they will have a successful project. If it's forced through to maximize economic feasibility, I think everybody will be hurt. Thank you. (APPLAUSE) Mr. Echemendia: Thank you, Alex. Bob McCabe on behalf of the Miami Homeowners' Associations. Robert McCabe: Hi. I want to make one comment before I -- Chairman Regalado: Your name, please. Mr. McCabe: Robert McCabe, 1601 South Miami Avenue. I want to make one comment before I begin. I'm trying to keep it very short. Jack Luft went into a long discourse that sort of painted to all of us, they thought there was some issue with this project and some evil beings who didn't want to see the City developed. I want to point out my own historyjust very briefly; forty years of trying to make this a better City. Forty years of dedication to bringing development into the inner city, including being the driving force to put the Wolfson Campus in the heart of this City when there was nothing there and no one would go there. So, let's put that piece aside in terms of our background. Secondly, I have a vision, not just about my home and that, but about development of Brickell Village into a walking place. I think it can happen and I think it should happen. And I just have three points to make, and I'll make those points -- I put them on just a few words so I could go short. The first one is the question of parking. If you look at SD -7, it says, the requirements for parking should be minimal. This project has 500 extra parking places. It should be designed to minimize the visual impact and what we have is a 9 -- with one story on the bottom of shops, a 9 -story football field and a half long parking garage with no brakes, and there's 139 May 9, 2002 nothing that destroys our appearance worse than parking garages, so that's number one. No brakes is a real issue, too, because people just don't approve projects that long anymore with no brakes. Second point is the Brickell Village Plan, which is still coming along, but it is a view of planners who looked at this on behalf of the City to make some recommendations. This project isn't what they call a general zone and in the general zone, it says intensities lower than the central zone, and by the way, Beth Dunlap, describes this project as too big, too bulky, too tall, and next the -- the second piece, it says buildings of moderate heights, and here we have this 30 to 38 story, whatever it comes out to be, standing directly against the park on that end of the thing. Third piece is the question of transition, and I want to point out something, and this also gets to a question of equity. This Commission caused the people building Park Place to come back to the neighbors and to negotiate a transition. That project started out with three towers. One just like this one, right against us, right against a single-family neighborhood. It now has a one -acre, a one -acre, a 200 -foot setback as a transition. I'm not suggesting that's the right transition for this project, but some transition should be there and I would say it ought to be -- you ought to treat developers comparably. Last point. This developer, in particular, should do something right with regard to neighbors, because this Commission, in 1999, made a grand gift to this developer. By giving him the right-of-way of a street and then tying together two unusable pieces of property, multiplying the value of his property, something should come back from that. So, we're looking for transition. We're looking for less of an automobile -oriented project. We're looking for the density to be on the other end of that property. And we're looking for some break up in that enormous long project that looks like you're standing next to Boulder Dam. Thank you. (APPLAUSE) Chairman Regalado: Please. Mr. Echemendia: Our last -- the last person to speak is Colin Veater, the President of the South Miami Homeowners. Colin Veater: Good evening. My name is Colin Veater, with residence at 41 Southwest 18 Terrace. I'm here tonight as president of the South Miami Avenue Homeowners' Association. And we ask for your support to deny the project as currently proposed, as well as to support your City of Miami own Planning Advisory Board's recommendation to deny this project. Our main concerns and issues have already been stated and I do not want to repeat them. But our concerns are the adverse effects that the development, the proposed development will have on us -- and you've heard from the experts -- parking, traffic, environment, and the lack of transition. So, I won't be repeating them, but I do want to put it in a common sense context. Traffic, we've heard that the traffic study inconsistencies, which is not difficult to fathom because of -- there is no comprehensive study in place, and it's clear that the flawed traffic study that we have been shown minimizes actual public safety impact to the neighborhood and to the own residents of this project. Just in context, spend five to 10 minutes at either 13th or 15th Road, Coral Way and 15th Road, at Publix, where this project is generally going to be situated, and you'll see the traffic impact right now. I ask, if you go to 15 Road and just by the Publix entrance, which is where this project will have its main residential entrance, as well as its main service entrance, and you can see the impact now. This is just common sense. Look at it now. Go just around the corner of Publix, as the lady stated earlier, at any time, specifically in the morning, and you'll see the service trucks parked on the street, blocking traffic. Again, think of the future because we are going to have the truck traffic to service this proposed project on 15th Road. Or simply observe South Miami Avenue at 25th Road at rush hour, and residents that are at 24th Road and 23rd Road cannot exit their street. They're blocked out. Not talking about speeding, which is horrendous. Parking. Please just go to Publix right now and you notice what we were told was the adequate space necessary and, as most of you know, it's a bear. It speaks for itself. The environment. It's really difficult to gauge what exactly is the impact on Simpson Park, but the claim that this project has no impact is really hard to believe. I mean, common sense will tell you that a 400- 140 May 9, 2002 story glass and concrete monolith that's a hundred feet away from a DERM-designated preserve, environmentally sensitive Simpson Park, it just -- the common sense drives you to think that, obviously, there will be an impact. We don't know. Excuse me. Transition, compatibility. This is the first project that will be built at the southwest corner of Brickell Village. Brickell Village being 15`h Road to the River, west of Brickell, east of 95. And they simply do not take into consideration the fact that there is an R-1 residential single-family home neighborhood to its south and multi -- a low-density multi -rise dwelling to the southeast -- southwest. Furthermore, as we've heard, it's just not consistent with the Brickell village design criteria, which has not been presented to you, but has been worked on by staff. Has actually been worked on by the developers that are in the Brickell Village area. And it really calls for lower density. It calls for development, but lower density development, along the border because we are at the border, at the edge of the neighborhood. Commissioners, our association and the residents have heeded your calls, to the Commissioners of the area of Joe Sanchez and Johnny Winton, to get more involved; to work with our neighborhoods, to work with our City, and that's what we've done. We've got involved and we want to make the City of Miami a better place. And in a short time span, our Association has improved the quality of life along South Miami Avenue and we've done it very constructively, working with County, City staff, as well as developers. As neighbors, southern neighbors to this Brickell Village area, we're clearly the most impacted neighborhood. And last year we spearheaded a drive, supported by the Commission, when you allocated fifty thousand dollars to the DDA (Downtown Development Authority) to get Brickell Village Plan revived, since it was started '95 and shelved. And we've worked with DDA, with staff, with the developers, with HOK, to really get that off the ground. Why? As it's been stated, we want Brickell Village to be the vibrant place it can be, but make it a development that's been designed. Don't let it go ad hoc. In short, it's taken a lot of time and effort from our own lives to work with everyone, but it's important because we are the long-term investors in the City of Miami. We are the residents and homeowners that will be there when this development is gone or the developer is gone. I just want to briefly make the comment that's important, because we have worked with the developer and he has asked us what can he do. We've advised him of the adverse effects, traffic, the parking, the environment, the lack of transition. He's asked that we ask him what we really want, and we keep repeating, please mitigate these adverse effects to our neighborhood. We don't want anything. We want you to mitigate the adverse effects. In essence, nothing has come up. But I guess it should be clear that it's important that the process that this has taken through the URDB (sic: Urban Development Review Board) Board, the Zoning Board, and the Planning Board has been a labor process for this project. It's not been easy. They've been approved, barely, at the Zoning Board. A lot of discussion, three-hour discussions, so it's been a difficult road for this development. Why? Because they are not addressing the adverse impacts to our neighborhood. At the same time, the NET Administrator of the area, actually of the Coral Way NET, has actually also gone on the record that this project would have adverse affects on the neighborhood, and as to reference to 1305, it looks like 1305 is constitutionally vague. In summary, Commissioners, developer's asking for several favors tonight and through this approval of the MUSP, but actually, there is a lot more favors, in fact, to approve an 18 -story business tower with over 200 square feet. It's the other favor to approve a 38 -story residential tower with -- we're never sure of how many units, but 400 to like 600 units, and a parking structure which holds more than 500 spaces than is really required. In addition, it's been mentioned about the gift that was given with the closure of that road. This allowed the two pieces of property adjoined to make this feasible. So, really what we're asking you, Commission, is to -- as you consider this, is to heed the recommendation of your own PAB (Planning Advisory Board) board, to deny the project as its currently proposed, and really try to support your neighborhoods to seek mitigants to these negative effects. I would like to make one last comment, which is the fact that we have received six letters of support from neighborhood associations, which Bob McCabe has. And, in addition, the neighboring associations north of us have not supported this project either. Thank you. Chairman Regalado: Thank you. Thank you. 141 May 9, 2002 (APPLAUSE) Chairman Regalado: Please. Santiago. Mr. Echemendia: Mr. Chairman, I just have a few quick questions of Burt Leon and then of Richard Eichinger. Chairman Regalado: Who do you want to -- Mr. Echemendia: Is it Bert Leon? Yes. Chairman Regalado: OK. Mr. Echemendia: Good evening, Mr. Leon. I'm looking at an Urban Development Review Board resolution approving, with conditions, and it provides that the applicant shall submit a revised set of elevations of the 9 -story parking garage for the review of the pre -application Design Review Committee. When was that condition complied with? Mr. Chair, if the Attorney could not -- would not coach the witness, it would be preferable. Mr. Leon: Right. After we met with the UDRB Board, we revised that elevation, and it was submitted after that, and it was -- it has to do with integrating it more with the office building itself, with the pedestal of the office building. Mr. Echemendia: Do you know what the date of that submittal was? Mr. Leon: I don't recall. Mr. Echemendia: OK. Because Maria Nardi tells me that there was no submittal post these conditions. The second condition is the revised elevation shall reflect the concern of the negative visual impact of two blocks of parking garage facing Southwest 1 st Avenue. How have those elevations been revised pursuant to this condition? Mr. Leon: Well, we articulated the parking pedestal more, and there's a division that occurs where we have the vehicular drop off for the office building. As you can see that in -- Mr. Echemendia: Do you have an elevation of the parking pedestal in your power point? Mr. Leon: We have -- what we have is the model -- the actual computer model that shows -- Mr. Echemendia: You don't have an elevation of the parking elevation? Mr. Leon: Not here with me, no. Mr. Echemendia: OK. That's convenient. It also provides that the project shall be brought back to UDRB for review. If the project will be built in phases, the UDRB approval of the project is for the entire project to be built as presented. If the project is to built in phases, it shall be brought back to UDRB for review of each phase. Is the project, in fact, going to be built in phases, Mr. Leon? Mr. Leon: As far as I'm concerned, that hasn't been made. That determination has not been made and it's not for me to make it, so I cannot really answer that question. 142 May 9, 2002 Mr. Echemendia: So, we don't know if it's in phases, if it's in one phase or in more than one phase? Mr. Leon: She can answer. Mr. Echemendia: OK. Judy -- Judy, in all -- Ms. Burke: You don't want me to answer? Mr. Echemendia: No. That's OK. Let me just ask him. You can answer as part of your rebuttal, I guess. Let me just finish querying him. Ms. Burke: Would you like to ask the developer if it's going to built in phases and not the architect? Mr. Echemendia: No, that's OK. I'm just questioning him. Thanks. Joel Maxwell (Deputy City Attorney): Ms. Burke. Chairman Regalado: Mr. City Attorney, what do we do? Mr. Maxwell: He has -- Mr. Echemendia has the right to cross-examine the expert witness. Chairman Regalado: Can he refuse any witness that he wish? Mr. Maxwell: Can he refuse? Chairman Regalado: Yes. Like Ms. Burke, that she wanted to -- Mr. Maxwell: Oh, certainly. If -- I mean, he -- he can ask the -- Chairman Regalado: Go ahead. Mr. Maxwell: He can ask to cross-examine. If the gentleman refuses or any witness refuses to be cross- examined, the record would simply reflect that that he would not testify. Mr. Echemendia: Mr. Leon. Chairman Regalado: Go ahead. Mr. Echemendia: Mr. Leon, there's -- the neighbors are a little confused regarding the total number of units because there's been some discussion regarding keys, but could you confirm the total number of units that is being proposed? Mr. Leon: Three hundred and ninety units. Mr. Echemendia: Three hundred and ninety units. OK. And then one final question. Mr. Maxwell: Excuse me. Mr. Echemendia. Mr. Echemendia: Yes. 143 May 9, 2002 Mr. Maxwell: Mr. Chairman, just to clarify. Any witness who wants to consult with their attorney certainly has that right, as well. So -- Mr. Echemendia: Fair enough. Chairman Regalado: That was -- Mr. Maxwell: If this gentleman or anyone else wants to consult with their attorney, they can do that. Chairman Regalado: Well, that was my question. Mr. Maxwell: Oh, I'm sorry. I didn't understand, sir. Yes, he can consult. Mr. Echemendia: Mr. Leon, I've just got one or two more questions. You referred to this project as being transit -oriented and self-contained. If that is so, why are you providing one and a half times the number of parking spaces that are required? Mr. Leon: Good question, and I was hoping you would ask that question. Mr. Echemendia: Maybe I shouldn't have asked it. I withdraw the question. No, go ahead. Go ahead. Mr. Leon: No, no. You know, I'll give you a little story. My oldest daughter is here. I have three daughters and -- Mr. Echemendia: If you could just answer the question, please. Mr. Leon: Right. Well, basically, we started out with your requirements. I think Lourdes can testify to the fact that the Planning Department recommended that we provide one and a half spaces per unit. So, that is why we have the excess of parking, as a recommendation from the Planning Department. You know that it cost the developer -- Mr. Echemendia: Fair enough. Thank you. Mr. Leon: -- about eleven thousand dollars ($11,000) per space. So, you know, that's a substantial amount of money that the developer is putting in, if it's not required. Mr. Echemendia: Thank you, Mr. Leon. Just answer the question, please. Mr. Leon: Your welcome. Mr. Echemendia: Are you familiar with the Brickell Village Treescape Urban Architecture Guidelines and the designation for this property under that study? Mr. Leon: The HOK? Mr. Echemendia: Yes. Mr. Leon: This thing right here? Mr. Echemendia: Yes. 144 May 9, 2002 Mr. Leon: Yes, I am. Mr. Echemendia: Are you aware that this property is slated for four to eight stories? Mr. Leon: I'm aware -- Mr. Echemendia: -- as our design standard? Mr. Leon: I'm aware that this project -- if you go to page 14 -- Mr. Echemendia: Just answer my question, please. Please. Mr. Leon: Well, this is -- you have to put in reference for the study. You mentioned the study. I think I should advise to you that you check on page 14, where HOK took into consideration our project as being built. I think their study contemplates not having a monotonous region. I think it's nice to have the ups and downs of the individual buildings. And so that is contemplated on page 14 of the study, Brickell Way Village is one. OK. And my attorney just handed me some notes that I should read into the record, please. Mr. Echemendia: You're just answering my questions. Mr. City Attorney, he could consult with -- he could consult with his attorney, but not -- I mean, he's just answering my questions. He doesn't need to amplify beyond that. So, respectfully, we're good. Mr. Maxwell: He can -- in responding to your query, Mr. Echemendia, I think he can say whatever he thinks is relevant. Mr. Echemendia: On cross-examination? I'm asking him a question, which he has responded to, and that's the end of the story. Mr. Maxwell: He could -- I think he could say whatever he think is relevant to respond to your query. Mr. Echemendia: OK. Mr. Leon: The Brickell Village Plan, number one, there have been few comments regarding Brickell village plan and the fact that this project is consistent with the plan. Number two, the plan, although in draft form only, at this time, provides streetscape, urban and architecture guidelines, in an effort to create a unified identity for Brickell Village. Number three, this plan, however, does not apply to this project. First, because it has not been adopted. Number four, second, the plan itself exempts this project, as well as other projects, in the pipeline. Number five, volume 2, tab 23, you will find page 14 of the plan, which states that the Brickell Way Village Plan is exempt. Number 6, the project was previously named Brickell Way Village. However, because of confusion that ensued because of the Brickell Bay Village Project, we changed our name to Coral Station at Brickell Way. Number 7, let me read you exactly what page 14 states. Mr. Echemendia: That's fair enough. You can do that as part of your rebuttal. Mr. City Attorney, I mean, that's -- on a cross-examination, he's going way beyond what the question was. Mr. Leon: Well, you asked a question. 145 May 9, 2002 Mr. Echemendia: No. Fair enough. But I asked a simple question. You don't need to -- you can do that on rebuttal, not with respect to my cross-examination. Mr. Eichinger, I just have a few questions. Thank you, Bert. Mr. Leon: You're welcome. Mr. Eichinger: Santi, how are you? You're looking good. You're looking good. Mr. Echemendia: Good. How are you, Mr. Eichinger? Thank you. Just really one quick question. You've mentioned earlier that the developer, in their largess, would be willing to fund the cost of a conceptual design for the rotunda prior to issuance of a CO (Certificate of Occupancy). Has there been any discussion in getting approval from FDOT (Florida Department of Transportation) for that rotunda prior to a CO? Mr. Eichinger: No. They have -- they're not included in that process, Santi. We did meet with them and they generally liked the concept. And based on that information, the developer said, "Well, let's move forward." And if this thing goes, he's willing to commit to getting it designed. Mr. Echemendia: Richard, I'm referring to your letter of January 13, 2002, in response to Dana Manor, where he raised a number of different issues and in the number of your responses, you state that the safety concern that he raises would only be addressed to the extent that a rotunda is put in place. Is that a correct statement? Mr. Eichinger: Well, yes. I think you're picking phrases out of a larger picture, yes. Mr. Echemendia: Correct, correct. Mr. Eichinger: But I certainly would think that if anyone that's been at that intersection has tried to cross it as a pedestrian would find that a round about would be a much safer situation. Mr. Echemendia: Fair enough. So, if the round about is not approved and the project is, in fact, approved, there could be a safety concern from a traffic standpoint at that intersection, is that correct? Mr. Eichinger: With -- well, yes, it could be. Mr. Echemendia: Thank you. Mr. Eichinger: But I think there are -- OK. There's other types of designs that we can do that doesn't include a round about that could add pedestrian safety to that intersection. Mr. Echemendia: OK. Thank you, Richard. Greatly appreciate it. Mr. Chairman, thank you. We are done with our main presentation. I thank you for the indulgence of the time. I know it's been quite -- Chairman Regalado: Thank you very much. Mr. Echemendia: -- quite a few speakers. I would just like to incorporate into the record the transcript or the minutes of the UDRB hearing, where there was quite a bit of concern regarding the scale of the project. I'd like to confirm that one of the requirements of 1305 is that staff address the adverse impacts and attempt to mitigate those adverse impacts, and the staff analysis does not do that and, therefore, they have not comported with the essential requirements of your own ordinance. And then, finally, with respect to Brickell Village, though, in fact, the Brickell Village plan has not been adopted, that doesn't 146 May 9, 2002 mean you can't consider the fact that for the general zone, they're proposing four to eight stories. You could just consider that as part of what your own consultants are recommending, notwithstanding the fact that it hasn't been legally adopted. In light of all of the testimony and the fact that this project really could be worked on to mitigate the adverse affects and that -- in fact, what the neighbors are calling for is not a complete denial, only a denial as proposed. We would urge you to either deny as proposed or defer the item so that the developer can go back to the drawing boards and meet with the neighbors and attempt to mitigate the impacts of these adverse -- these potentially adverse affects. Thank you very much. Chairman Regalado: Thank you. It's been an hour and 15 minutes, and now we open the hearing for the public. One thing I am going to request that Madam City Clerk, two minutes per person. We are willing to be here as long as you want to be here. I would just ask you to please limit your comments to two minutes or less, if you can, because we don't want to be repetitive. So, go ahead, sir, your name and address. John Hull: John Hull, Southwest 23rd Road. This is Derrick Paris and Dreg Paris, and they live on South Miami Avenue and they're future voters. And thank you very much, first of all, for your service, for being here so late. Derrick had met -- you had a question, right? And maybe you can show the people behind us also. Show the ladies and gentlemen behind us why. They want to know why the developers want to turn South Miami Avenue to US 1, where they live? And I think some day, when you have South Miami turned into Brickell, when you have little kids are still running into the road and chasing their balls, you're going to regret it. So, it would be really, really grateful if you'd keep the neighborhood as it is. Thank you. Chairman Regalado: Thank you. Go ahead, sir. Name and address. Unidentified Speaker: For him or for me? Mariano Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street. I prefer the same two minutes. But I am for the project in principle, in principle. Remember, maybe I had (UNINTELLIGIBLE) be the only one here. It it doesn't bother me, even if there's 500 people here. Why? First, the other day we had that Transit Summit meeting, right? Building more expressways won't solve the problem. You have to build vertical, like big cities, New York. That's one of the solutions. Because everybody talks about -- and this is a solution to a problem I see. Another thing and I see I'm going to be now -- I am member of the Parks Advisory Board and I don't like when people that represent our neighborhood come to my neighborhood to come on the board telling us —I, that was selected by the neighborhood, that we need to do something in Sewell Park different, that we want to put stable of the police there. And they come to us and say, no, that's a nature area. I vote for the Simpson Park Environmental Impact Statement, because I believe your work is -he represent the area. How come he doesn't believe me? Huh? He vote against me. And that's wrong. Because if we -- if -- that neighborhood's completely different. Here, you've got to worry (UNINTELLIGIBLE) you have to worry about the raccoon, and the possum and that's (UNINTELLIGIBLE) that lady that went there representing the raccoon and -- in my neighborhood, the people eat the raccoon and the possum. Chairman Regalado: Thirty seconds. Thirty seconds. Mr. Cruz: And that's what happened in there, and I see (UNINTELLIGIBLE) let me say one other thing. I see the lawyer here. The adverse effect (UNINTELLIGIBLE) was the same lawyer, Santiago Echemendia, was trying representing New Center Development, the Carlyle Group, and Dena was working with Carlyle Group at the time to try to put the 200 units at Allapattah Station there. At that time, there was no adverse affects there because he was on the other side. 147 May 9, 2002 Chairman Regalado: Thank you. Thank you. Go ahead, sir. Name and address. Max Puyanic: My name is Max D. Puyanic. I live at 480 South Mashta Drive on Key Biscayne, but used to live at 1825 South Miami Avenue, and my parent used to own a house at 2020 South Miami Avenue, so I am a bit familiar with the neighborhood. I'm also a property owner in the Brickell area; have owned many properties over the years, and currently still have three separate sites that are near the Brickell/Metrorail Station. And I know you folks face a very difficult job looking at so many voters and yet, looking at maybe what is the right thing to do here. This neighborhood is developed as a result of hearings that were held at the time that the Metrorail was built. I had the privilege of participating in, and Jack Luft was also one of the planners of the City at that time. The intention was to create a neighborhood that was going to benefit the Metrorail and that was going to make it a success, and it was also going to bring people into an environment where they could live in a more convenient lifestyle without having to commute so much a great portion of their lives back and forth into the suburbs. The intention was to see a savings of the environment by having less fumes from automobiles, and to see people be able to live in a more convenient way, as I said. The zoning plans were to create a mixed-use neighborhood, which would allow all of the services, offices, retail and residential. This project does that. It is in keeping with the plan. It is not going to be a detriment to the South Miami Avenue. Those people bought their homes knowing that this was a downtown area that was developing, and that there -- Chairman Regalado: Sorry. Time is up. Thank you very much. Go ahead, sir. Robert Warren: My name is Robert Warren. I live at 33 Southwest 18th Terrace, just a couple blocks from Simpson Park. I have a PhD in biology and I'm a faculty member at the University of Miami. I'm here representing my own opinions and not as a study on retainer done by the developer or anyone else. I have traveled extensively in tropical and subtropical forests in Central and South America. I have a little practical knowledge of these things. First of all, I would point out that although their expert characterized this as tropical forest, it's not. It's subtropical. It's a very different kind of environment. Be that as it may, it's a complicated system. It's been under stress for a number of years through the draining of the Everglades, the air pollution, and a number of other factors. And you simply cannot accept the opinion from their biologist. It was not a study. I'm a scientist. I know what a study is. It's not supported by data. It's an opinion that there will be no damage to this park. I can tell you that what we're doing here is an experiment and the affects on the park are unknown. I'll just list a couple of things. South Miami Avenue is lined by Poinciana trees, and a botanist would know that those trees are sensitive to the far infrared light. And when they put in the sodium vapor lights, the unintended effect of that experiment was to inhibit those trees from blooming. We don't know what the unintended affects of all the lighting and the traffic associated with the density of this park are going to have on the park, but I'll submit to you that this needs to be studied, a real study, not just an opinion, because there could be unintended consequences, the adverse affects of 24-hour a day lighting, increase traffic and all of those things on the park. As far as large animals, there are no large animals in the park, but it's a major roosting area for a large number of vultures, anywhere up to two or three hundred vultures that can nest in that park. They're not everybody's favorite bird, but they're an important part of the whole ecosystem in the eastern United States, and this is a major resting area. To have that large a building next to them, and also being in a fly- away for birds, which their expert has indicated (INAUDIBLE) Chairman Regalado: Thank you. Thank you. Time is up. Go ahead, ma'am. Lourdes de le Pena: Hi. I'm Lourdes de la Pena. I live on 2055 South Miami Avenue. I'm here as a mother. I have a two and a half year old daughter, who was here with me earlier, and I have a four- month -old baby. I live right smack in the middle of South Miami Avenue, between 15th and 25th, and I see the traffic. Unfortunately, my daughter can't play out in the front yard, although we have a huge front yard. We have to go to the back yard all the time because the traffic is horrendous. And what happens is, 148 May 9, 2002 a lot of times, late at night, when people are going back into their units, or wherever they live, they're going very fast. I beg you not to approve this project. I beg you to reduce the size of this project. We can't afford to have any more projects that have units and that have cars passing through South Miami Avenue. We are a one -lane road, each way. We're not going to be a two-lane road. We will never be that, and you guys are pushing us, by approving these projects, to make it a two-way lane and that would be the end of the residential area and South Miami Avenue. We could have moved any place. We chose South Miami Avenue. We're happy we chose South Miami Avenue. We're thrilled to be involved in all the exciting things that are going on on South Miami Avenue, but we need your support because we can't do it alone. Thank you. Chairman Regalado: Thank you. Thank you. All right, sir. Francisco Vela: My name is Francisco Vela. I live at 2221 Southwest 2nd Avenue. And I have a two- year old child, and my question is, when it's time for him to go to school, with all these projects that are being approved, what schools do we have in that area? I don't see many, OK. So, where is he going when all the children from all these people who are coming to live in this area, where are they going to school? So, that's my question to all of you. The other point is, one of the consultants actually mentioned it, that this development is nothing for some downtowns on some cities. I have lived in some of those cities that were mentioned, and the infrastructure that they have is much better than what we have. There is at least three or four freeways so people can access. However, we have only 95 and that's it. And there is no place to grow as far as an infrastructure. So again, my point is school. Where is our children going to school when it's time for them? Thank you. Chairman Regalado: Thank you. Go ahead, sir. Luis Herrera: My name is Luis Herrera. I'm representing the Vizcaya Homeowner's Association. I'd like to ask the Attorney of the City of Miami if he remember in the Vizcaya a Vizcatran Project a long time ago? This all similar, like this one here. And I'm worried about my section because the next station is Vizcaya Station and the Vizcatran Project. They use the station to make a building in there, that kind of building like that one, and I'm against that. And one more thing that President Reagan said, if we will give a Cadillac to every one of the City of Miami, that White House Metrorail, they don't have that kind of problem we have now in the City of Miami. And they won't come into the neighborhood and they never asking the people if we need that type of building in the neighborhood. Just buy the property. And I want to do this and they do it, because they got the money and they got to do it. Now, my finish problem here. You can see all the neighbors here. How many they want to be approve this building? No one. These people is only one with a majority. Thank you. Chairman Regalado: Thank you. Go ahead, sir. Name and address. Robin Lukacs: My name is Robin Lukacs. I reside at 1701 South Miami Avenue. I'm a resident of Miami for 41 years. I've practiced law in the City of Miami for the last 17 years, and I've been a real estate salesperson since 1981. I'm here also representing my parents, John and Yulanda Lukacs. I live at 1665 South Miami Avenue. And we also own a parcel at 1648 Brickell Avenue. We are indigenous to the area. We live here. We are opposing this project as presently presented. With regard to this developer, it was mentioned that he developed a Publix parcel and what wonderful project that was, and they even gave him an overflow parking lot. Thank God. Because there's inadequate parking as it is right now for the Publix project. We were sold a bill of goods that didn't work. As it now sits on Southwest 2nd Avenue, the Publix loading zone is insufficient to provide the use for which it was intended. That public roadway is now a private loading zone, and it's a traffic hazard for the community. I think we're going to see very similar issues with regard to the project as presented. Discussing the facts of the developer, they referred to a shadow study. It was interesting to note that at 10 o'clock a.m. is when it 149 May 9, 2002 began, and the shadows were not on Simpson Park. But what time does the sun rise? Certainly, there are shadows that will affect Simpson Park earlier in the day, and there will be some adverse affects in that regard. Build to the east is what I heard. Save the west. Let's not fool ourselves. Building to the east is not going to prevent development in the west. So, don't fool us in that regard. Metrorail is a wonderful concept, and this project is supposed to utilize the aspects of Metrorail. But let's be practical. The Metrorail has not been a great success. It's a wonderful concept and it was a great plan, but this project is not going to benefit from Metrorail. It is going to adversely affect the transportation corridors and adversely affect our neighborhoods. Thank you. Chairman Regalado: Thank you. Go ahead, ma'am. Judith Anderson: My name is Judith Anderson. I live at 351 Southwest 22nd Road. And I'd like to enter into -- present some items. They are letters from neighbors: Dennis Bailey, Benita Glass, Carmen Alonso and Lourdes Montaj against this project. There's also a letter from Gary Viter from the Dade County Office of Historic Preservation. The article from The Herald and most importantly the resolution number 20201 from the Parks Advisory Board, and I'm the proudest mother and the proudest teacher in this room. I believe that I taught Ms. Burke and her staff that Simpson Park was a hammock, and I presented that concept at the very first PAB (Planning Advisory Board) meeting, and now look how many people are joining me in my concept. I hope that everybody understands that when I walked in this room, you were voting four and a half million dollars toward parks. Simpson Park has no price tag. And I will say one more thing. This gentleman works at FIU, it's the largest toxic waste site in Dade County. I watched it die. Don't kill our hammock. Thank you. Chairman Regalado: Thank you. Go ahead. (APPLAUSE) Chairman Regalado: Excuse me. Go ahead, sir. Rick Chavez: Rick Chavez, 601 Southwest 21st Road. Commissioners, I invite you to take a walk over at 15th Road and 1 st Avenue this evening. That place is a dump. The sidewalks are torn apart. It is dangerous to go by, even in the daytime. What we need is a world class developer to build something like this to improve our neighborhoods. Thank you. Chairman Regalado: Thank you. Go ahead, sir. Carlos Chialastin: My name is Carlos Chialastin. I reside at 4480 Southwest 13 Street, but I do own property in Miami, in the City of Miami. But more -- primarily, I'm a property manager and I manage a lot of properties within the area. This is a unique area. Again, it is -- the developer is just really developing the highest and best use to this unique property, and as a property manager, I see other properties around the area and it is a unique property, and I'm for the project for its economic impact and also development. Thank you. Chairman Regalado: Thank you. (APPLAUSE) Chairman Regalado: Excuse me. Excuse me. Don't, don't -- please. Go ahead, sir. William Alvarez: Hi. I'm William Alvarez. I live at 428 Southwest 28th Road. I'm here to support the project. I think it's a great project for our neighborhood. It's just going to sit east of the Roads and the 150 May 9, 2002 Shenandoah area. This is going to catapult our area into a higher priced area. The prices are going to increase in our neighborhood, which have been increasing all this time. But this is going to be a central focal point, where people of the community can gather. Like the projects, I hear everybody putting down that project but the Publix actually has what's catapulted all the other developments in the area, and all the things that are increasing in our area and the good that's come to our area. And that's why people are buying. Young, urban coming people are buying in the Roads neighborhood, redoing the homes, and the property values have increased through that period and it will continue increasing, and this project will be something that will help our neighborhood tremendously. Thank you. (APPLAUSE) Chairman Regalado: Thank you. Thank you. Please. Do not -- we cannot have the applause, please. Go ahead, sir. Brian McGuiness: Good evening. My name is Brian McGuiness. I'm a resident of the City of Miami. I've lived in the Roads section for 24 years as a homeowner. I own a business within the City of Miami. I own several rental properties. I pay my fair share of taxes. I also enjoy the ambience and the atmosphere in the Roads. It's a quiet, shady neighborhood. People walk down the shaded- wide avenues and roads. They bike, roller blade; use the bike path that runs along Southwest 1 st Avenue. No one's mentioned that, but there's a six-foot wide bike path that runs all along Southwest 1 st Avenue, comes around the park, the north side of the park, runs down South Miami Avenue. I walk that just about everyday. With this massive project, and I mean massive, and let's not fool ourselves. This is a 38 -story monolith in an area where there's one and two-story homes. You can't lose sight of that. This thing is going to ruin our neighborhood. The traffic. They've ignored the traffic issue on Southwest 1st Avenue. The Planning Advisory Board brought it up and told them there were big flaws with their traffic study. They ignored the whole entrance issue onto I-95, thinking people would drive to Southwest 8th Street, go through five traffic lights to get there. Their traffic engineer said that's what most people would do. I've lived there 26 years. I've never taken that entrance. It's a lie. It's fabrication. It's meant to obscure the truth. There was some comments made about the Brickell Village Plan, about five and 7 -story buildings. That's in draft form. The architect says, "Well, it's not applicable, therefore, because it's just a draft." Well, there's something called the spirit, spirit of law, spirit of an ordinance, whatever you want to call it, but I would suggest, if the City's leaning that way, that they start looking at it retroactively and maybe pause for a while and delay the building of this building until that Brickell Village Plan is enacted. Thank you. Chairman Regalado: Thank you. (APPLAUSE) Chairman Regalado: Excuse me. No applause. Go ahead. Ondina Suarez (translating for Enrique Mendoza): Good evening, everyone. I'm the interpreter for the evening. I'm Ondina Suarez for the record. Enrique Mendoza is going to be speaking, 1861 Southwest 5th Avenue is my address. What I request from this Commission to please pay very detailed attention to the project and the problems with it. This project is going to create a lot of work, taxes also for us to improve. Try not to fear it away and to pay attention to other people. You, yourselves, studied the case well, and do not let the project like this leave again that are convenient to the City of Miami. Please pay very close attention. Do not let this get away. This is revenues, monies that are going to come in for us who are retired and a lot of us who need it. And thank you very much. Chairman Regalado: Thank you. Please, no applause. Go ahead, ma'am. 151 May 9, 2002 Vice Chairman Winton: Excuse me. Excuse me. What was his address again? Chairman Regalado: 1861 — Vice Chairman Winton: What is it? Ms. Suarez: Southwest 5th Avenue. Chairman Regalado: 1861 Fifth Avenue, the Roads section. Go ahead. Louise Jewell: My name is Louise Jewell. I live at 1535 Southwest 2nd Avenue. I'm within 500 feet of the project. I own three properties in the Roads, and I'm opposed to this height and density of the project, and at the same time, the president of our Roads Association, Linda Cunningsbird, had to be out of town, and she asked me to read a statement, which I'm going to abbreviate a little bit, due to the time constraints, and I'll go right to the core of it. What are our concerns? The massive structures create inordinate density. There are too many stories. The project, all of it, is much too high. The Brickell Village Plan, created at your request, says it should be much lower. I think five to seven stories. This is not downtown. It's a residential neighborhood, living close to development that may be out of control. This is in our face, at the very edge of our neighborhood. Thirty feet from Simpson Park and the Roads. What will the residential 38 stories be? Hotels, apartments, condos? We don't know. And how many units and how many people living in the units? All we know is that too many people will be coming and going, residents, tenants, employees, supply companies, repairmen, visitors, patrons of the stores and restaurants, all among the thousands who would come and go into and through our neighborhood. This mass would create a horrible increase in traffic. Where? Everywhere. First Avenue, our official neighborhood drag strip, South Miami Avenue, Coral Way, which is starting to suffer from gridlock, and all of our neighborhood streets, our roads. It's dangerous now. It would be worse then. The impact on Simpson Park would be irreparable and irreversible. We've been told that the developers have scientific impact assessment. They've been promising to provide us for four months and we haven't seen anything. The park -- there would be birds and animals killed when displacement, a detrimental impact on the trees and other living things in the park. Chairman Regalado: Ma'am, your time is over. You can submit that to the City Clerk for record. Ms. Jewell: Thank you. Chairman Regalado: Thank you. Go ahead, sir. Antonio Hernandez: Yes. My name is Antonio Hernandez. I have -- own property over at 1129 Southwest 3rd Avenue. I think that the project will be good for it -- and I'm for it, and I think it will be good for the community. That's all I want to say. Chairman Regalado: Thank you. Go ahead, ma'am. (APPLAUSE) Chairman Regalado: Please. Eva Nagymihaly: Hello. My name is Eva Nagymihaly. I own several properties. My family does on South Miami Avenue and in the area. And we've been here 50 years and -- Chairman Regalado: Your address, please. 152 May 9, 2002 Ms. Nagymihaly: 3110 South Miami Avenue. All right. The words were said just a minute ago. This is not downtown, and this is what we have to remember. When the master plan was created in 1985, even though that's supposed to be our guideline, it can change. And this is what has happened. The master plan of 1985 did not think about height. That's why developers can come up here and say we can build anything we want to. There are no height limitations. Well, you've become our safety net. We're now in the 21st Century. We realize that density, masses -- think a minute. Our sidewalks don't look like the sidewalks in New York City. They're like 20, 30 feet wide. We have very small sidewalks and we're talking 30, 40, 70 -story buildings. You give the opportunity to one person to build, how can you take it away from the next? You know, we have property rights. The point is to stop the overgrown development that is trying to take place in Miami. You know, some good things come in small packages. This can be redone. It could be developed. It could be 10 stories, you know. Just because someone says 39, because you can do it, or 59, think a minute, what we can do with this beautiful area that we already have. You have single-family homes. You have 4 -story buildings. You've built it up to 10 and 12. Then downtown you build up, and that is what we should be doing, and it's your opportunity to listen to us, as your constituents, to please do not overdevelop the outskirts of downtown. Thank you. Chairman Regalado: Thank you. Go ahead, sir. Bruce Reep: Yes. My name is Bruce Reep. I actually live in the North Grove. Why does it concern me? I work downtown half my days, and as I go downtown, and I, a lot of other people in the Planning Advisory meetings, were from the North Grove area, the Natoma area, and we all came with very grave concerns. We know what a gridlock and a standstill Brickell Avenue is, as well as half the time South Miami Avenue is. Trying to get onto I-95 either at 25th Road or 95, the bottom line here is that the infrastructure of the smaller roads -- look at what the developer's developing. He's asking for 1260 some parking spots? That is a commercial parking garage. Those people have to get in and out. So, basically, we're not just in there doing the condo units. This is just too big. That's a historical highway right there. You cannot start -- you're going to have parking meters all up and down South Miami Avenue in front of the park, in front of Simpson Park. These are people's homes. This is a residential neighborhood. Many of the Commissioners who have ran for Commissioner promised that they would protect our neighborhoods. This is the time to stand up and size this thing down and scale it back so there's a transition. Please do that for us. Thank you. (APPLAUSE) Chairman Regalado: Thank you. No applause, please. No applause. Go ahead, ma'am. Theresa Rust: Thank you. Theresa Rust, 2520 South Miami Avenue. I'm tired, so I thank you for the ones that you are here. You must be exhausted. I really appreciate it. That's all I wanted to say. But since I'm up here -- Chairman Regalado: Go ahead. Make our day. Ms. Rust: -- I'm going to go on. All right. All right. Thank you. I love the concept of development and I love the concept of developing what is, because as Eva said, everyone has property rights and we can't deny them that. But this is the way it is presented. It is definitely not a benefit to the neighborhood. It's a benefit for developers' profit margin, and that has to be taken into consideration. The letter of the laws followed explicitly, but there is a spirit of the law, as well. Thank you. Chairman Regalado: Thank you. Go ahead, ma'am. 153 May 9, 2002 Maria Gonzalez: Hi. Maria Gonzalez, 1701 South Miami Avenue. The developer's representative reiterated that you should increase the -- that we needed more space for living space, et cetera, and that the downtown area should be developed accordingly. Well, go across the bridge to downtown Miami. This developer has a financial means to do so, obviously, and build a project of this magnitude and this monstrous in that area, not in this residential area where it will ruin the character of our neighborhood. Thank you. Chairman Regalado: Thank you. Any -- go ahead, sir. Name and address. Rodrigo Franco: Rodrigo Franco, 101 Southwest 15th Road. I worked through 15th Road everyday. I take the train. I have fell a couple of times already because there was no sidewalk to go around it. I'm for this project. It's going to modernize the area. It's going to bring businesses, jobs and it's going to go to progress. That's what we need. We need progress. We don't need to go back. And I went to FIU. I recognize my professor over there of environment, and I think that most of the creatures will have to adapt to development and to progress. I have seen a lot of these birds nesting around the train tracks. So, Metrorail, too. That tells me that they have not been affected by growth. So, I think progress is good. Chairman Regalado: Thank you, sir. Thank you. Go ahead, ma'am. We need a translator -- for her. She's in the back. OK. Bertha Bouza: My name is Bertha Bouza. I live in 2223 South Miami Avenue. I'm not a speaker. I'm not an expert. I only talk to my neighborhood through the forms, so -- but I want to say that I heard here the concept that it is a City within a City. I would say it is a City within a neighborhood. We have the Mary Brickell Project right beside the river. I would like very much to keep a little bit of the vision that Mary Brickell had, which was South Miami Avenue, Roads. We can develop. I am not opposed development, but not this kind of concrete wall for our community. It took me more than 30 minutes, from 2223 South Miami Avenue here today. Imagine what is going to happen. Thank you, Mr. Winton. I know you love your district. Help us. Mr. Gonzalez, I know that you have always do something for Miami. Mr. Regalado, thank you have much. Because more open Commissioner than you, we don't have it. Thank you. Chairman Regalado: Thank you, ma'am. Go ahead, sir. Name and address. Micky Biss: Micky Biss, at 1744 South Miami Avenue. And I, too, would like to thank you for your endurance. I know you've been here 13 hours listening to this for almost four -- for three and a half, and I am here in opposition to your approving Major Use Special Permit as presented to you. Two minutes is a very short time to make my argument, but unless the chair voices any objection to accomplish this time limit, I'm going to adopt the arguments made in opposition to this application into my testimony; the arguments made by counsel in opposition, the expert witnesses you heard in opposition, and all the other witnesses. Having said that, I just want to quickly amplify one or two points, and that is that where I am not asking you to reject this development -- and it's been said to you before by some of the other witnesses -- I'm asking you to utilize the ordinance, which actually is not just an entitlement you have, but as you know, it's your obligations. A Major Use Special Permit means that a developer is not of right. If they were of right, as the developer through their spokespeople have suggested to you, implied to you, we wouldn't be here for almost four hours deliberating over this. You wouldn't have to sit in judgment over it. It's not of right. If it wasn't of right, they should -- if they wanted to do something of right, they should build a much smaller project, but they can't and I understand that. And now here's where you come in. This building is going to be here probably long after most of our lifetimes. The hour's late, but don't let the late hour tempt you or urge you or force you to quickly approve it. Use the ordinance, which is your obligation, to impose whatever scrutiny is necessary, or to scrutinize it and impose whatever limitations 154 May 9, 2002 or mitigation that's necessary, and if that can't be done at this late hour tonight, then I ask you to defer it. The building is going to be here for many years. It's going to be one of the major buildings. Chairman Regalado: Thank you. Mr. Biss: You heard the testimony of many people, including experts, that this building needs to be scrutinized by you, this distinguished body, and I ask you to please do this and not just rubberstamp it as presented to you. Thank you. Chairman Regalado: Thank you. Go ahead, sir. Reed Valley: Reed Valley, 2011 South Miami Avenue. Twenty-five years ago I came here to join the Metrorail Design Team. We established it. We thought it was a good starter system. It hasn't been more than -- it's not more than a starter system today. There is a 20 -possible destinations and, really, I think, only a half a dozen of them are viable. So, reliance on -- you should consider the destinations that are available in terms of drawing people by traveling from a particular location, and I don't think there's enough to really justify the ordinance that is trying to encourage Metrorail. I think we need a material Metrorail system before that ordinance to really apply, and I think it's perhaps is too liberal for a system that's still a starter system. Thank you. Chairman Regalado: Thank you, sir. Ma'am, go ahead. Darisie Guevarra: Good evening. My name is Darisie Guevarra. I live at 41 Southwest 18th Terrace. I'm opposed to the project, as currently presented. I would just like to draw your attention to the fact that many of my neighbors had to leave, due to the late hour, but they were here and they were also opposed to the project, if you saw their little stickers. I would also like to draw your attention to the fact that we have a wonderful, wonderful community in South Miami Avenue and the Roads. We have all orientations, all faiths. Everybody is there. We contribute a lot to the community and we are very concerned. We would like a much better project on this site, and I'm sure if we worked together, we could make one. We've been rebuffed pretty much in every attempt to do so. We've made a great project, I think, a much better project than Park Place, and we'd like the opportunity to do that here. And, finally, I would please ask that you support your Planning Advisory Board. We deliberated more than eight hours on this topic, and this is on top of many other hours of deliberation that have happened. I have a two-year-old at home and I would really like to hope that this is all worth something. Thank you. Chairman Regalado: Thank you. Go ahead, sir. Gary Hunt: My name is Gary Hunt. I live at 3447 Sheridan Avenue. I live on Miami Beach, but I do travel through this neighborhood. I'm a believer in the Eastern Ho! movement in bringing people toward the east, but I would urge you to not approve this project as it stands. I think it's far too tall. It belongs on Brickell Avenue or downtown. A much smaller project would be in scale with the residential neighborhood directly adjacent to it. On Miami Beach we've allowed enormous buildings. We have gridlock and I'm afraid that you will have that same type of traffic problem as has been stated already. Chairman Regalado: Thank you. Mr. Hunt: Thank you very much. Chairman Regalado: Anybody else? 155 May 9, 2002 Enrique Zayas Bazan: Yes. Enrique Zayas Bazan, 1855 Southwest 2nd Avenue. I would like to suggest that the traffic engineer to bring a plan of the whole Roads section, and also to consider where the traffic coming from Kendall, from Key Biscayne, which way are they going to take to go to the project? Because I bet they are going to take either 1 st Avenue or South Miami Avenue, correct? Thank you. Chairman Regalado: Thank you. Go ahead, ma'am. Donita Coddington: My name is Donita Coddington, 2320 South Miami Avenue. I am here to say that I oppose the scale of this project. It's just too big. Chairman Regalado: Thank you. That was a good presentation. Go ahead, ma'am. Linda Thomas: Linda Thomas, and I live at 2390 South Miami Avenue. And I'm just kind of like wondering where's all the toilet paper going to go? Where's all the water coming from? Chairman Regalado: Toilet paper? Ms. Thomas: You know -- yeah. I'm not thinking so much -- you know, where is all of this -- you know, that's a lot of sinks, a lot of toilets -- I mean, I'm practical. Commissioner Sanchez: Ma'am, you just --you should have just said ditto. Chairman Regalado: OK. So, rebuttal. We have now the developers and representative for rebuttal. How much time you need? Ms. Burke: What would you feel would be appropriate? I know you've been here a long time. Chairman Regalado: I would hope that you take from now to 10 p.m., six minutes, if you can. If not, we'll give you more time. But, you know, you know how to do it. Ms. Burke: Thank you. I would like to read two letters into the record. These people were here earlier and they couldn't stay and they -- and I promised I would do it. The first one is from Alicia Sivera, and she's with Sivera Real Estate, Inc. Dear Commissioners, please be advised that I strongly support Mr. Harvey Taylor's efforts to develop the area near my property in South Miami. I've been involved in the development of the Brickell area for over 30 years, and it is my deepest convictions that the development of this area has been conducted in a matter, which has benefited the residents of the area and the entire City of Miami, as well. We have security issues with the public park in the area, Simpson Park. Fifteenth Road has recently been refurbished, and I truly think that a high rise facing this street, that you will bring more residential life, will enhance the area and provide a higher standard of security. Development, when conducted reasonably and by individuals and entities who have the interest of the community in mind, will continue to leave the City of Miami to progress in its quest to maintain itself as a leading City of this country and the entire world. Sincerely, Alicia Sivera." The next letter is from Jesus Casanova, and he was here individually, not as -- in his capacity as a member of the Planning Advisory Board. It reads, "Commissioners, as a citizen of the City of Miami, I am in full support of the Coral Station at Brickell Way Development. I base my decision on the following facts: One, FAR provided a 60 percent under the allowable FAR. Two, height provided is 38 stories, of which an unlimited height is allowable. Three, the project is in accordance with the City of Miami's zoning code. Four, this project will spur economic growth by employing 112 people during construction and 542 others after operations commence. Five, the project will also generate an annual tax revenue for the City in an approximate amount of three million, five hundred and sixty three dollars -- five hundred -- three million, five hundred and sixty three thousand, nine hundred and eighty-four." That's an approximate number. "In closing, this project will 156 May 9, 2002 greatly benefit the City of Miami, its citizens and the economy. I have supported this project in the past, and will continue to support the project in the future. I am confident that based on the facts, unanimous votes will be rendered in favor of this project." I would like to just briefly address some of the remarks of Mr. Alvarez, and first, he mentioned that he found some errors in our traffic studies, and I'd like to say that we have four traffic studies, and they were prepared by a member of the Institute of Transportation Engineers, and they were audited by a member of the Institute of Transportation Engineers and I don't believe that Mr. Alvarez is a member of that Institute. I believe that he's a transportation planner and not an engineer, but there was one issue that was brought up about Southwest 1 Avenue, and I would like just for one minute for our traffic engineer, who did a specific study on this, to tell you the results of the study. Just one minute. Richard Eichinger: I'd like to draw your attention to -- hi. Richard Eichinger again, Transport Analysis Professionals. I'd like to draw your attention to your booklets, if you will. Please go to Tab 14 in Volume 2. There I -- we presented a study, and let me just read briefly from that study. It says, one of the concerns of the Miami Roads Neighborhood Civic Association was that the traffic generated by the new site gained access to 95 -- I-95 via Southwest 1 st Avenue and Southwest 25th Road. The current thinking of some of the members of the Roads Group is that today's traffic generated from the Brickell area use Southwest I st Avenue to gain access to I-95 by traveling south along 1 st Avenue, then to Southwest 25th Road, then onto the northbound ramp of I-95. This April -- on Tuesday, April 23rd, we sent out three technicians from our company to do a license by survey. A license by survey then -- we took one technician -- this was between 4 and 6 p.m. We did -- for a two-hour period, we put a person that measured and recorded all the license plates that were coming off of Southwest 15th Avenue Road onto Southwest 1 st Avenue. Put another person down on Southwest 1 st Avenue and 25th Road that recorded all the license plates, and another one at the onramp of I-95. During the two-hour period, from Southwest 15th Road, there was 117 vehicles. Of those 117 vehicles, two of them made it to the onramp of I-95. So, it's not the issue that it proposes to be -- it proposed to be. Thank you. Ms. Burke: Many of the speakers addressed the issue of the Brickell Village Plan, and their counsel asked me to address this on rebuttal. And I just want to state, although this plan has not been approved and we're not subject to it, I want to read to you what it says about projects such as ours. This is on Page 14. While not driven entirely by future proposed and/or pending development, the Brickell Village Streetscape Urban Architectural Guidelines have been created with the knowledge that the village is undergoing significant change in character and intensity of development. Rather than create a set of guidelines that do not respond to works already in progress, the decision has been made to accommodate those projects and assist in determining a consistent set of design parameters that unify the spaces between the buildings. And our project, which Brickell Way Village, now known as Coral Station, was listed directly in the plan. One other thing I want to mention to you is, a number of the speakers said that we came back with no real changes to the plan; that they were just insignificant, nothing plans, and by the way, every time we showed them plans, we got nothing back in terms of, "Well, if you give us this, or if you give us that, it will work." It's just a good first step. This is the last plan we came to them with. Reduction of tower height by six stories -- reduced from 38 to 32 stories -- results in residential tower FAR, a reduction by 105,600 square feet. Reduction of total project FAR from 764,875 feet to that from 870,475 feet. Increased tower setback to 40 feet. Originally, we were only setback 25 feet, the tower. We said we'll reduce that by 40 -- up to 40 feet. Increased retail pedestal setback. Originally it was 15. We set it back 20. We would have gone further, but the City absolutely -- we'd have to get a variance to go further than 20, because you want to have all your retail on the streets so people can access it. This resulted in increased public seating at retail terraces on 15 Road; increased street landscaping at 15th Road, adjacent to retail terraces at ground level. It created 12,000 square feet of what we call Simpson Square Plaza, which is located at 15th Road and Brickell Way intersection, equipped with a water feature, outdoor public seating and plush landscaping. It results in 20 percent of the site footprint dedicated to 157 May 9, 2002 open plazas. Created 20 -foot step terrace above retail areas, with landscaping and trellises to further buffer street from residential tower. This is a monumental change that we offered to the neighborhood. Vice Chairman Winton: What was the response to that change -- those changes? Ms. Burke: Good first start. We said, please come back and tell us what you want. Said, good first start. Now, I just -- one more thing that I wanted to talk to you about is about the park, and they had an expert who said something, that it has potential of harm. And I think Harvey Taylor wants to say something specific about the park. Harvey. Harvey Taylor: I'll make it brief. I had the pleasure of visiting the park several times and meeting with the lady who takes care of the park, who's really doing a phenomenal job, and she talked about homeless, she talked about people sleeping in the park, she talked about crime. And I spent several hours walking through the park. And I know it's a natural hammock and I respect that, but it was in total disarray, OK. So, this is what I'd like to do. She talked about an upper park, an area under the Metrorail, adjacent to the park, and I would like to donate two hundred and fifty thousand dollars for the development of that park prior to the C of O (Certificate of Occupancy) of the project, and I also would like to donate my time because I think owning property in the area -- I think the park is a wonderful, wonderful feature and I think it should be maintained. And I'd like to personally donate my time, as a concerned citizen, to the park and get more involved than I have to make the park a safer place and work with Pat Quintana. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Mr. Taylor, is this the first time that you've made that commitment or is that prior to or along the list of compromises -- Mr. Harvey: No. This is the first -- I'm sorry. This is the first time that I've made this commitment. Commissioner Sanchez: You know -- Joel Maxwell (Deputy City Attorney): Excuse me, Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Maxwell: If I may. I'm afraid that you're moving into a dangerous area now. Chairman Regalado: Well, I was going to hope to close the public hearing, and then have the Commissioners discuss or ask any questions -- Commissioner Sanchez: And I'll get to that. I got some (UNINTELLIGIBLE). Mr. Maxwell: If, in fact -- whether or not Mr. Taylor makes a donation or not (UNINTELLIGIBLE). Commissioner Sanchez: That's not going to persuade my decision, but however, I think that the art of compromising is -- may still be alive here, where I think that, you know, he could sit down with the homeowners. That's just -- and I'll elaborate on that when the time is right. Mr. Maxwell: Yes, sir. You're right, that's should -- If, in fact, that occurs, but it shouldn't occur on the record here during this meeting. 158 May 9, 2002 Chairman Regalado: OK. Mr. Taylor: Thank you. Chairman Regalado: Thank you. You're done? Ms. Burke: I'm done. We just sincerely request your approval of this project. It would be wonderful to make Coral Station a reality. Thank you. Chairman Regalado: OK. Mr. Echemendia: Mr. Chairman, I just -- Chairman Regalado: I'm going to close the public hearing. Mr. Echemendia: Just wanted to clarify -- Chairman Regalado: No. I've got to close the public hearing. It's -- Mr. Echemendia: He's a certified traffic engineer. That was it. Chairman Regalado: OK. We close the public hearing. Members of the Commission, any discussion, any comments, any motion? Commissioner Sanchez, the area Commissioner. Commissioner Sanchez: Thank you, Mr. Chairman. First of all, it's been a long day. We're all tired. This is an issue that has taken close to about five hours of testimony on both sides. We've listened to both stories on this. Let me just say that Mr. Taylor, you have done a lot of development in this community, and I have the utmost respect for you. You have been represented well here today. I believe that Ms. Burke has done an excellent job. And you do have one of the finest architects in our community, Revuelta Vega & Leon. Let me just say that I -- as the Commissioner of the district, I do think that we have still an opportunity for compromise and sensitivity. I think that we have to have both of those things here. I do have some concerns. However, let me just say that the area that we're discussing today -- because of the ordinance now, the code that exists, there is no density. So, on the arguments that are made here, that project could be built there. However, taking into consideration arguments on both sides, which we are a quasi-judicial body here, I could tell you that I have some concerns. A lot of the concerns were brought out -- whether they were relevant or irrelevant, you know -- I'm not going to get into it because it's pretty late at night. But let me just say that the transition to me is a concern. Zoning code seeks a proper transition between high rises and single-family. Developer has considered Simpson Park a buffer between single-family and home, which is really -- it's not a single-family home, but it is a park. One of the things that -- there was talk about was the shadow of the park, when it comes to environment -- I think that there is a compromise, and for some reason, it's downscaled the a point where it's acceptable. And let me just tell you. This is not the fist big development that we've had in Brickell that have gone back and forth, back and forth, and believe me, at the end, people aren't anti -development. They aren't. They just want what's right for their community. They want to be a part of it. They want to have a say in what's right for their community, and I think that all the homeowners, and all the resolutions that we've passed here, if they're given an opportunity to sit down and work something out -- there was a statement made here that -- the attorney has basically said that we can't touch on, but, you know, that's something that the homeowners didn't know. And there are other compromises that exist here. Traffic. Let me just tell you from experience on traffic. 1, as a policy, don't take into consideration any traffic study paid by the developer. If it's an independent study, then I will consider it. But traffic studies, when paid by the 159 May 9, 2002 developers, are seen as hired guns. I tell you from experience because I live in the Roads. Very proud to live in the Roads. We have a tremendous traffic problem. However, traffic here is irrelevant. But we do have a problem when it comes to First Avenue, where people are going to be using that street to get in. They could either come in through South Miami Avenue, through First Street, cutting through I-95, taking the back streets, 15th Road, or coming in through Brickell, the other side, if they could cut across. So, it is a problem. Publix. They talk about Publix. This is another irrelevant thing, but it's got to be said because I go to Publix. You go to Publix today and it's so hard to find a parking space. It's incredible. I don't go to that Publix anymore. I have to go to Winn Dixie, or I have to go to the Publix on 27 because the traffic is -- excuse me, the parking is horrible. And when that property that we're talking about developing now was part of the parking, there was still a problem of parking in the area. Now, the area's going to be developed. I am pro -development. I think the future of Miami is pro -development. But it's got to be development that is neighborhood -friendly, and development that is sensitive to its surrounding, and we have to consider that. We can't come here and look at developers as being the bad guys because they see an opportunity. They see an opportunity, by the book and rules and regulations, they could build what they want to build there. It's up to the City to make sure it is done right. It's up to the Commissioners to approve that it's a good project for the community. And I think that is a good project. Does it have to be downscaled? Absolutely. Looking at another -- the environmental impact. No independent study has been done on the efforts of this project. Going back to this same thing in the park. You've hired an expert to come and testify. As long as it's not an independent expert, I make that rule here, as the quasi-judicial Commissioner -- body, that I don't take those studies into consideration. Let me tell you another concern that I have, and it's something that maybe when it goes back, you could work something out that could be a compromise and that is, of course, the nine -story parking garage, which is clearly a concern of the negative visual impact of the two blocks of the parking garage facing 1 st Street. Those are some concerns. However, I'm here today -- and my colleagues will have an opportunity -- I think that this is a situation where we could make it happen, if we have the opportunity to accept two words, two key words here. Compromise and sensitivity. And I'm prepared to do two things today. I am prepared to either defer this item and have the developers continue to work in a reasonable manner with the homeowners, or I am prepared today to move to deny the application. Those are the two. I would like to defer the item because I believe this is a good project for the City. You've got to take into consideration the future of the City, which is the Metrorail and the transportation. People are car -- in love with their cars, their automobiles. They're not going to use the Metrorail, and we've heard all the arguments here today, what percentages are used or not. But we have to look at the future of Miami, and I'm sure everybody wants to continue to have their neighbors exactly how they are. But guess what? Your taxes are going to go up if we don't bring development into our City. We're not going to be able to fix our infrastructure unless we bond out in 10 more years for more money. So these are the things -- this is a tough decision for me, I'll tell you. But these are the two steps that I'm willing to do today out of the respect that I have for the homeowners' association and the developers that are willing to invest money in this City. Chairman Regalado: Commissioner, you want to make a motion right now? Commissioner Sanchez: Well, I would like to hear arguments from my colleagues. Mr. Maxwell: Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Maxwell: Before any further discussion, I'd like to make one point on the record, and that is that both sides referred to the Brickell Village Study, I believe it was called, Master Plan, which I understand from the Planning Department has not been adopted yet. I don't believe that that is a appropriate for any 160 May 9, 2002 decision you would make tonight. Therefore, I would ask that you totally disregard at this point any references to that plan. Chairman Regalado: Thank you. Commissioner Sanchez: Mr. City Attorney, there were a lot of arguments made here that were irrelevant. A lot of arguments that were made that were totally irrelevant. On the merits of the arguments made by both sides, I am prepared to do the following: One, make a motion to defer the item, and have the developer sit down with the homeowners and try to come to a compromise or a solution to this, come back -- and, you know, I hate to go through this again, because this is going to be a long meeting, but I want to allow the opportunity for us to just not to say, hey, listen, we're not going to do it, and then you're going to have a vacant land there for a long time, or you're going to have another project come in that really will have the right to develop. So, I would implore you, as the Commissioner of the area, to keep working, as long as this -- within the best interest of everyone, we could make it happen. Chairman Regalado: OK. We're looking for you to make a motion, Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, the motion is -- Chairman Regalado: So, just go ahead and make the motion. Commissioner Sanchez: -- to defer the item and have the developer continue to sit down with the homeowners, and come back with a lower scaled project. Of course, you know, they will sit down with them and try to come -- I want both sides to be very understanding on the issue. Chairman Regalado: Do you want any time -- Commissioner Gonzalez: Second the motion. Chairman Regalado: -- for this to come back here? Commissioner Sanchez: June the 13th. Chairman Regalado: Is that enough time, June the 13? No. It has to be the late, late, no. It has to be June 30, right? June -- Ms. Slazyk: 27th. Commissioner Sanchez: June 27. Chairman Regalado: June 27. This will come back on June 27. We have a motion and a second -- Vice Chairman Winton: Hold it. Chairman Regalado: Yes, sir. Go ahead. Vice Chairman Winton: I was just thinking about some of the projects that I tried to get deferred or not built in District 2 that Commissioner Sanchez supported development of over my objections, but I'm just - - that's a comment to you, Commissioner Sanchez, not to them. Commissioner Sanchez: (INAUDIBLE COMMENTS). 161 May 9, 2002 Vice Chairman Winton: The -- I agree with the motion wholeheartedly. I think we've had great success at getting the community and the development folks to work together to make something happen. However, I will -- from my viewpoint, I'm going to deliver a message to the developer and a message to the community. Commissioner Sanchez: I was going to do that. Vice Chairman Winton: The message to the community is, if you get piggy, you're going to end up with something you don't want. So, you better be rational in your approach and rational in your thought, and you better rethink all of the things that all of your consultants have said. Because I sat here and listened to all the consultants, and every single consultant will tilt the wheel as far to his side as he can to make the logic work. Example: The neighbors' consultant on the buzzards, 150 buzzards hanging out in the park. Now, the message there was that some way or another, if this tall building gets built, that's going to destroy the habitat for the buzzards. Well, apparently, he's never hung around Southeast Financial -- I mean, First Union Financial Center in downtown Miami that's 55 stories tall and watches all the buzzards roost on that building. That's just a point -- the kind of point. Be careful, neighbors, the information you decide you want to swallow. Be rational. Be thoughtful. Be fair to the developer. Neighbors have won a lot of battles in this Commission chamber because the neighborhoods are, in fact, sacrosanct, we have to do everything in our power to protect those neighborhoods, and there are things -- and we've seen it over and over again -- that developers can do to make the things work between what the developer wants and what the neighborhood wants, and I think there are some -- it seems to me only three issues, and I did my calculations when this argument first started about this whole parking structure, and I couldn't figure out why we've got so much parking in this facility. It didn't make any sense in terms of my own numbers that I ran. So, I think there's a real legitimate argument about just the number of parking spaces you have in the building. The issue over the length of the parking garage. While I think you've done a good job -- and I need to back up a step. I think that this development, by the way -- And this is another point that I want to make to the neighbors. This development might be the best looking development I've ever seen. Unidenfied Speaker: (INAUDIBLE COMMENT). Vice Chairman Winton: That's your opinion, ma'am. And I make the decision at the end of the day. This is the best looking development I've ever seen, and I would love to have this development in a lot of areas of this City. When the developer goes back to develop, he can redevelop and he has lots and lots and lots and lots of choices. So, beware and be careful for that which you wish for because you may get it. So you better think about that as you go through the process. The length of the parking garage, however. It's clear that you've tried to mitigate the length of that parking garage at least one way by putting retail on the ground floor, which is frankly very valuable, but it still doesn't take away from just that sheer mass of the length, uninterrupted length of a parking garage, and I think that is -- I think there are ways that you guys can solve that problem relatively easily. And then the density. The 38 -story building. If you think about heights in Brickell, in downtown, what is that going to be now? The fourth tallest building in Miami? I mean, 38 stories is a tall, tall, tall building in downtown Miami. You've got the new one being built by Millennium. You've got Southeast -- I mean, First Union at 55. Unidentified Speaker: (INAUDIBLE COMMENTS). Vice Chairman Winton: The (UNINTELLIGIBLE) Is going to be -- but what's -- Ms. Burke: Jade is 60 -- Vice Chairman Winton: How high -- how tall -- 162 May 9, 2002 Ms. Burke: Jade is 67. Vice Chairman Winton: Oh, it's not built yet. Ms. Burke: Yeah. Well, it's -- Unidentified Speaker: (INAUDIBLE COMMENTS). Ms. Burke: They have the building permit, but it's not up -- Vice Chairman Winton: Yeah, but Jade has come down, right? Or is it -- so -- but those are all -- we're talk -- each one of those buildings is right in the heart of where all the tall buildings are. This one isn't. This one absolutely is right on the edge, as the neighbors have said, and I think that's a real issue, being right there on the edge. I'm not as concerned, however -- I'm not -- I don't buy the argument that you can't have a taller building that runs up against the park. Central Park is surrounded by very, very, very tall buildings, and there isn't that great a distance between the tall buildings and Central Park. So, however, that edge right there moving into -- and I'm not thinking about the park. I'm thinking about the single- family neighborhood there. That edge is an extremely, extremely tall edge as being your absolute boundary between the commercial district and the residential district. So, I hope that both sides will be very reasonable and rational, because at the end of the day, in 30 days, we're going to make a decision. And I've watched how the votes go at this Commission, and there haven't been a lot of developments completely turned down. Chairman Regalado: OK. We have a motion and a second to defer this item till June 27. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Thank you very much. Ms. Burke: May I ask one -- Chairman Regalado: One "no." Ms. Burke: Can I ask one clarification, with -- Chairman Regalado: Yes Commissioner Teele: Call a roll call. Chairman Regalado: Yes. Let's do roll call, Commissioner Teele's asking. Madam City Clerk, go ahead and roll call. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-534 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR CORAL STATION AT BRICKELL WAY PROJECT LOCATED AT APPROXIMATELY 104 S.W. 13 STREET, 101 S.W. 15 ROAD AND 163 May 9, 2002 1420 S.W. 1 COURT IN ORDER TO ALLOW A MIXED USE DEVELOPMENT PROJECT WITH MULTISTORY STRUCTURE ON THIS SITE, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 27, 2002; FURTHER REQUESTING THAT THE DEVELOPER MEET WITH AREA HOMEOWNERS TO TRY TO REACH A COMPROMISE OR A SOLUTION TO THEIR DIFFERENCES; AND FURTHER REQUESTING THE DEVELOPER TO COME BACK WITH A LOWER SCALE PROPOSAL FOR THIS PROJECT. 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 NAYS: Commissioner Arthur E. Teele. Jr. ABSENT: None. (COMMENTS MADE DURING ROLL CALL) Commissioner Teele: I want to explain why I'm voting "no." I've seen too many of these meetings, not particularly in the City, but particularly in my previous life in the County, where the neighborhood comes together and the presentations were complete. They were full. Dr. McCabe, you were eloquent, as always, as well as many other persons. But these delays, particularly when you've got a project that's been out here so long, really have a way of sort of wearing down the public, and I'm not voting against what Commissioner -- the district Commissioner's recommending. But I really do believe that a project like this, the developer should have sat down and worked this thing out, and I think it sends a little bit of the wrong signal sometimes, when we keep asking people to delay. I'm talking about the public to delay it. And so my registering of a "no" vote is really to say to the public, please stay engaged in the process, as Commissioner Winton and others have said, and come back. Don't -- if you're not satisfied, don't feel at all like this Commission rubberstamps everything, because I think each of us look at projects based upon the presentation. And, Counsel, as always, you were very, very thorough and you did an excellent job. I'm voting "no" because I really think that we should vote on the substance of this. And based upon the testimony that's been heard, I think there is very little -- I just don't see, Johnny, how you're going to make this building smaller. I just don't see how you're going to package it and make it a lot different. And I do have a little bit of different artistic view about it. But I do agree with you on one thing. I would love to have this facility in some of the district that I represent, and would encourage the developer to bring this project into some other area. So, I'm voting "no" primarily because I want the public to stay engaged in the process. Chairman Regalado: Continue roll call. Ms. Thompson: Chairman Regalado. Chairman Regalado: Yes. It passes four to one. The project is -- the item is deferred to June 27th. Thank you very much. 164 May 9, 2002 Ms. Burke: May I ask, are you -- is it your intention, when we come back, to just hear from their side and our side about what we've agreed upon or not agreed upon, and no public hearing? I'm just asking -- Chairman Regalado: It has to be a public hearing. Ms. Burke: Are you going to open it for public comment -- Chairman Regalado: Yes. Ms. Burke: -- now, or you have closed it? Chairman Regalado: Yes, ma'am. Ms. Burke: OK. Thank you. Chairman Regalado: You're welcome. Commissioner Gonzalez: Mr. Chairman, could we have a 10 -minute recess? Chairman Regalado: Yes, we do. When we come back, we have to do the Solid Waste union contract. It's important. We'll be back at 10 minutes. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 10:26 P.M. AND RECONVENED AT 10: 41 P. M, WITH ALL MEMBERS OF THE CITY COMMISSION FO UND TO BE PRESENT. 165 May 9, 2002 21. AUTHORIZE MANAGER TO WAIVE FEES FOR PERMITS, EQUIPMENT RENTAL AND PARKS DEPARTMENT LABOR ASSOCIATED WITH 6TH ANNUAL ARTHUR McDUFFIE CANDLELIGHT VIGIL.21. Chairman Regalado: We have -- Commissioner Sanchez: Honey, if you're watching TV (television), should I take milk home? Chairman Regalado: First of all, we want to do some of the presentations. Leroy, you have been here -- I apologize. Commissioner Sanchez: Leroy. Chairman Regalado: You have been here 12 hours, so -- I mean -- Leroy Jones: Twelve hours. Thank you, Commissioner, for recognizing that. Chairman Regalado: Just because of your endurance -- Mr. Jones: I appreciate that very much. Chairman Regalado: -- I'm going to vote for your waiver, you know. Mr. Jones: Thank you. Commissioner Sanchez: Hey, Leroy, I'm willing to split my forty-seven dollars ($47) a week with you, man. Commissioner Gonzalez: He's in my neighborhood (unintelligible) Mr. Jones: All right. Chairman Regalado: Go ahead. Name -- Mr. Jones: My name is Leroy -- Chairman Regalado: -- address. Mr. Jones: -- Leroy Jones, 4055 Northwest 17th Avenue, representing the Brothers of the Same Mind. May the 17th will mark the 6th year anniversary of the Arthur McDuffie Candlelight Vigil that we plan to hold this year. We'd like to invite the City of Miami to come out and participate. It's a real nice event. Our organization is the founder of the event. And, as a matter of fact, I think we are the only organization that hold a candlelight vigil in remembrance of Arthur McDuffie and the 18 other people who lost their life during the Arthur McDuffie rebellion. We also like to thank the City of Miami. This will be, I think, the 4th year that the City of Miami has helped sponsor this event. We'd like to thank the City of Miami for the donation of the officers, who work and coordinate the streets for us, and providing the stage for the activities that we will be holding at the event. So, I'm just hoping that the City will grant us the waiver, like they did last year. And I'd also like to thank Commissioner Arthur Teele. Chairman Regalado: Commissioner Teele is about to make a motion, Leroy 166 May 9, 2002 Mr. Jones: OK. Commissioner Teele: Before you -- Mr. Chairman, again, the Arthur McDuffie 6th Annual Vigil is something that I'm very pleased that the City Parks Department and Police Department have worked cooperatively. This is a sensitive matter. This is the young man who died as a result of a bullet fired by a police officer. This City has been very respectful in allowing the family and the community to grieve and to resolve never again, and, therefore, I would move the administration's recommendations, which consists of the fee waiver and the park labor costs for the purpose of providing the stage and the other things. Commissioner Sanchez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-535 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE THE FEES FOR PERMITS, EQUIPMENT RENTAL AND PARKS DEPARTMENT LABOR ASSOCIATED WITH THE 6"H ANNUAL ARTHUR McDUFFIE CANDLELIGHT VIGIL. 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. 167 May 9, 2002 22. AMEND RESOLUTION 01-1251, WHICH HAD APPLIED $10,000 TO GOOMBAY FESTIVAL, MAKING THAT AVAILABLE FOR COST OF POLICE AND FIRE. Vice Chairman Teele: Mr. Chairman. Commissioner Regalado: Yes, sir. Vice Chairman Teele: I would like to apologize. I know we've got the Union here, as well, but we have a wonderful public servant who works very, very hard as a department head in the County, who has been here literally all day. As many of you may know, she served as the Agenda Coordinator for the County Commission for about five years or so, and from that position, she was promoted to the department head. She's responsible for the wage -- what is it -- Marcia Jackman: Department of Business and Development. Vice Chairman Teele: -- Department of Business and Development, which she oversees the requirements of the Davis Bacon in ensuring the wages that are employed -- are paid. She's also responsible for minority certification, women and community certifications, and a whole series of activities related to economic development for all of the department. Ms. Jackman is here in her personal capacity, unlike -- well, Ms. Jackman is here in her personal capacity, giving back to the community as a pure volunteer as the Executive Director of the Goombay Festival in a sincere effort to get the Goombay back on the right track. And so, Ms. Jackman, I would ask you to introduce yourself for the record, but we really want to express our appreciation to you and to the County Manager for allowing you to be over here all day. Ms. Jackman: Thank you, and good evening, Commissioners, and Mr. Chairman. Again, my name is Marsha Jackman. I am the volunteer chairperson for the Miami Bahamas Goombay Festival. Commissioner Winton, I'm speaking much better this evening than I was when I met with you. Clearly, we have been working endlessly and untiringly to ensure and make sure that we can take the Goombay Festival to an even greater level. You have the commitment of myself, as well as other new board members and old board members, as well, that now understand where Goombay can go, understand the heights that it can if we have the cooperation. And one of the things that I'd like to share with you tonight, I think that is very important, is the fact that we dissected Goombay, we looked at it, we tore it apart and then we asked ourselves, how can we rebuild it? And with that in mind, we went from just the thought of a two-day street festival to a weeklong festival. Why did we do that? For a couple of reasons: To ensure and make sure that we were able to showcase Miami; we were able to showcase the Bahamian settlers, and to be able to say to not only Miami -Dade Countians, but also to tourists coming from all over the country that this particular festival is rich in a culture. It has something that we can share, and we could begin to educate others, like we were once educated when we came from the Bahamas here and settled, not only around the country but, more importantly, right here in the City of Miami. And what did that do for all of us? It allowed us to have a City Charter, as we know it today, and to be able to expand and understand, while we all come from different backgrounds, we work together, we live together, and we share our cultures so that we can build. And that's clearly what I'm bringing to this particular festival. The thought that unity through a festival, bringing people together and building communities, understanding each other's likenesses, as well as their differences. This year we will be educating our community by doing great things with all of our schools, bringing a sole rodeo, starting at Coconut Grove Elementary, going to Tucker, and to Carver, both elementary, as well as the middle school. We will have a Junior Golf Tournament. We will have something that we felt was very unique, and something that we needed to continue, that the 168 May 9, 2002 President did back during the September 1 lth. And I don't know if many of you realize, but, at the same time, we were experiencing what we considered a life crisis, so did the Bahamas. When they lost their straw market, which was to them something as equally as important as what happened to us with 9/11. So, we want to have a unification prayer that would be heard throughout the community at the same time. Not only that, we're talking about coming into the village and doing a walk -about Wednesday. We're going to have some happy hours, some fun times over at the Improv, as well as the Bahamas coming to the table now more recently as early as last -- or as recently as last Thursday and saying to us, we will join hands with you and work to build Goombay back to being a national showcase. So, this evening I say to you, I need your assistance in helping us to showcase not only the City of Miami, the Bahamian government, as well as the City of Miami and all of its residents. So, the thing that I ask, if I could have the assistance of having our City services be reviewed with me, and see if there is any way that those could be helped through the City so that it would not be an incurred cost. And what that would do to us, will be to help us to bring over a special band from the Bahamas. It will help us to bring over an authentic Junkanoo family, as well as assist with the radio stations, who have been really great in helping us to bring in four national entertainers. Commissioner Regalado: Thank you. Commissioner. Vice Chairman Teele: Mr. Chairman, Commissioner Winton has done a lot on this, and -- behind the scenes, I know that his aide has been involved, and I'm also in contact with the Mayor's office that has weighed in on this, and I think they -- the Mayor's office has attempted to be very helpful by noting that the Commission has previously approved 10,000, and, Madam Director, or to the Manager -- but the person at the end of the day we know who we're going to defer to is Ms. Blanco -- it's my understanding that the Manager is -- the Mayor is recommending an additional twenty thousand dollars from the account, is that correct, Madam Director? I know you were in the meeting with him. Christina Abrams (Director, Public Facilities): That was my understanding (UNINTELLIGIBLE) the day. Commissioner Sanchez: What account? Commissioner Regalado: Your name? Vice Chairman Teele: Special -- Ms. Abrams: Special Event Fund. Commissioner Regalado: Name. Vice Chairman Teele: Your name. Ms. Abrams: Christine Abrams, Director of Public Facilities. Vice Chairman Teele: So, what I would like to do is move the amount that the Mayor has recommended, which is twenty thousand dollars, but also to rescind the previous resolution 01- 1251, which applied ten thousand dollars, which has already been allocated for the purpose of permit fees. We earmarked that for permit fees, is that correct? Ms. Abrams: That's correct. 169 May 9, 2002 Vice Chairman Teele: And to make that available for the Police and Fire and other costs, and further to waive the nine thousand, two hundred and twenty-seven dollars and seven cents. That would be the motion, for purpose of discussion, that I would make at this time. Commissioner Regalado: There is a motion. Chairman Winton: Second. Commissioner Regalado: And a second. Discussion. Chairman Winton: Yes, I'd like to make a comment. As you all know, I have not been terribly supportive of the Goombay Festival for the last two years, because, frankly, I felt that it had really gone astray of its original purpose, and this new plan had me just plain excited. I thought -- Ms. Jackman: Thank you. Chairman Winton: -- that the direction this plan's going is -- it really exemplifies what I think Goombay was really supposed to be all about in the first place, and it's not about one big party. It's about a connectivity to the community as a whole, to showcase the Bahamian culture within our own community, to make it a real tourist attraction, not only tourists from afar, but creating an opportunity for us to become tourists in our own community, and it has a very significant educational component. I mean, it's exactly the kind of thing we really need in our community, and I'm thrilled with your leadership here -- Ms. Jackman: Thank you. Chairman Winton: -- and thrilled to support it. So, thank you. Vice Chairman Teele: Mister -- Commissioner Regalado: Yes, sir. Vice Chairman Teele: No. I wanted to yield to anyone else, because I need -- I need help on the math. What does that leave us a balance, based upon the City? Commissioner Regalado: Eighteen thousand. Vice Chairman Teele: Eighteen thousand? Commissioner Regalado: Yes. Vice Chairman Teele: Now, how much money, Ms. Jackman, is the County providing to the Goombay, which is totally within the confines of the City? Ms. Jackman: Right now, we've received two grants from the County, totalling in the neighborhood of about fifty to fifty-five thousand dollars. Vice Chairman Teele: So, again, I think there's three things that I want to say about that. First, before I say anything about the County, Mr. Manager, I want you to know that your Police Department, and especially your Fire Chief, has been extremely positive and really tried to work in 170 May 9, 2002 minimizing the coverage but protecting the public safety, and I want to publicly commend the Chief and the Fire Department, and I don't know what to say about Lina Blanco. I don't see how this City could function without her, because she does so much. This morning she was the energy. There is signs on all of our doors that she personally put up to bring about the kind of salute for the centennial. And we really do have a good staff, Mr. Manager, in working special events. And so I just have to say that I think the City's got to figure out a way to do more, and I want to express my appreciation to the County, because this is an event that is totally within the City. Ms. Jackman: Right. Vice Chairman Teele: And, Johnny, while I agree with everything that you said, that this is more about just more than a party, it's also an opportunity for people like Ms. Jackman to come back, based upon the God-given opportunities and skills and education they have, and to come back -- because you know, Johnny, and I know that Goombay has not had the kind of enlightenment. They've had committed leadership and sincere leadership, but there's just a new way to do business, and it's the way it's contained in these books with budgets, and income, and expenditures and the kind of transparency that we've never been able to get from Goombay. So, I want to publicly commit to raise an additional ten thousand dollars from the private sector for Goombay for this event, because I think there are a number of people that understand the importance of the Bahamas. I would also ask if you would come back or let us send for you on the 23rd, and see if we can rework some of the internal budgets. I know that I have eighteen thousand dollars in carryover, I think, from last year that was earmarked, that has been earmarked for something, but I'm going to see if we can get some of that back because it hadn't gone out the door. But I want to just publicly say that I think this is something that is not in my district, but I think, in terms of what it represents to the City, it was at one time the largest Bahamian celebration in the United States, and it should continue to be. So, I'm committed to it, Mr. Manager and to you, Commissioner Winton, that have the privilege of hosting the Goombay. Chairman Winton: Commissioner Teele, in looking at the numbers here, if -- Goombay's a 501(C)3 -- Ms. Jackman: Yes, it is. Chairman Winton: -- tax exempt organization. Ms. Jackman: Yes. Chairman Winton: And the vehicle that we've used a number of times that reduces costs here, real costs, is making a grant to the entity as opposed to covering the services. The number that you're looking, that's forty-eight thousand dollars includes -- assumes that we're really paying for it; therefore, Police have to be paid time and a half. Ms. Abrams: Commissioner, if I could correct you? Vice Chairman Teele: No. Ms. Jackman: No Chairman Winton: No? 171 May 9, 2002 Carlos Gimenez (City Manager): That's the off-duty rate. If we sponsor it, then it goes to the time and a half, which is 51,000. Ms. Jackman: Right. Mr. Gimenez: So, it's probably -- Vice Chairman Teele: It's 33. Chairman Winton: Oh, OK. This is the reduced -- Mr. Gimenez: Yeah. It's probably better -- Chairman Winton: OK, got it. Vice Chairman Teele: It would be -- Vice Chairman Winton: So, I misread that. Sorry. Commissioner Teele: It would be another seventeen thousand dollars -- seventeen -- Mr. Gimenez: Correct. Chairman Winton: I just misread that. Thank you. Mr. Gimenez: So, it's probably better that you do just give them a grant and keep it at the off-duty rate. Commissioner Regalado: OK. We have -- Mr. Gimenez: It'll save them seventeen thousand dollars. Vice Chairman Teele: I would like to also amend the motion and ask that the Mayor's Protocol Office, in conjunction with the Clerk and the appropriate persons, express to the new Prime Minister the commendations of this Commission, and would obviously make every hospitality, should the Prime Minister come over in a semi-official role as the de facto leader of the Bahamian community, which is the largest sub constituency, one of the two largest in my district. And I would ask that our Protocol Office and Police Department work to facilitate, should the Prime Minister come, whatever courtesies that may be extended, and the opportunity, Madam Clerk, that I could co-sign any letter coming from the Mayor that may be issued regarding a visit from him. Commissioner Regalado: We have a motion, as amended, and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: It passes. Thank you very much. Ms. Jackman: Thank you. The following resolutions and motion were introduced by Commissioner Teele, who moved its adoption: 172 May 9, 2002 RESOLUTION NO. 02-536 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-1251, AS AMENDED BY RESOLUTION NO. 02-69, WHICH APPROVED THE CITY OF MIAMI'S CO-SPONSORSHIP AND AUTHORIZED AND DIRECTED THE PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES FOR CERTAIN PARADES AND EVENTS FOR FISCAL YEAR 2001-2002 BY AUTHORIZING AN INCREASE OF $10,000, FROM $10,000 TO $20,000, FOR THE MIAMI/BAHAMAS GOOMBAY FESTIVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 02-536.1 A RESOLUTION RELATED TO THE MIAMI BAHAMAS GOOMBAY FESTIVAL TOB E CONDUCTED ON JUNE 8-9, 2002, BY THE MIAMI/BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC.; AUTHORIZING A TWO-DAY PERMIT FOR THE SALE OF ALCOHOLIC DRINKS IN THE AREA DURING SAID EVENT; AUTHORIZING THE ALLOCATION OF FUNDS, IN THE CUMULATIVE AMOUNT NOT TO EXCEED $20,000, FROM ACCOUNT NO. 001000921054.6.289, ENTITLED "SPECIAL EVENTS FESTIVAL ACCOUNT, FOR THE FOLLOWING: (1) THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW, INCLUDING THOSE REQUIRED FOR THE USE OF THE PUBLIC RIGHT- OF-WAY, (2) THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES ADMINISTRATION, AND SOLID WASTE, AND (3) A CASH GRANT TO PAY FOR THE COSTS OF DEPARTMENT OF POLICE SERVICES; CONDITIONING ALL AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, INCLUDING LIQUOR LIABILITY, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; AND (5) INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY PURCHASE ALCOHOLIC BEVERAGES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 02-536.2 A MOTION RELATED TO THE GOOMBAY FESTIVAL, REQUESTING THE MAYOR'S PROTOCOL OFFICE, IN CONJUNCTION WITH THE CITY CLERK EXPRESS TO THE NEW PRIME MINISTER THE COMMENDATIONS OF THIS COMMISSION; AND FURTHER REQUESTING THE PROTOCOL OFFICE AND THE POLICE DEPARTMENT TO MAKE HOSPITALITY ARRANGEMENTS SHOULD THE PRIME MINISTER VISIT MIAMI IN SEMI-OFFICIAL ROLE AS THE DE 173 May 9, 2002 FACTO LEADER OF THE BAHAMIAN COMMUNITY; AND FURTHER REQUESTING THAT COMMISSIONER TEELE BE ALLOWED TO CO-SIGN ANY LETTER COMING FROM THE MAYOR THAT MAY BE ISSUED REGARDING A VISIT FROM THE PRIME MINISTER. Upon being seconded by Vice Chairman Winton, the resolutions and motion were 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 174 May 9, 2002 23. AUTHORIZE ROLLOVER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED IN FISCAL YEAR 2000-2001 TO FISCAL YEAR 2001-2002 TO COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC., $40,416, FOR ECONOMIC DEVELOPMENT PROGRAM TO ASSIST BUSINESSES IN COCONUT GROVE COMMUNITY REVITALIZATION DISTRICT. Chairman Regalado: Item 5, we need to do this real quick. It's a rollover Community Development Block Grant Funds for Coconut Grove. Vice Chairman Winton: So -- Chairman Regalado: -- local development corporation. Vice Chairman Winton: So moved. Commissioner Teele: Second. 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. 02-537 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED IN FISCAL YEAR 2000-2001 TO FISCAL YEAR 2001-2002 TO THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. (THE "AGENCY") IN THE AMOUNT OF $40,416 FOR AN ECONOMIC DEVELOPMENT PROGRAM TO ASSIST BUSINESSES IN THE COCONUT GROVE COMMUNITY REVITALIZATION DISTRICT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE AGENCY FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, 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 175 May 9, 2002 24. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, AND ISSUE PURCHASE ORDER FOR REMOVAL, PACKAGING AND TRANSPORTATION OF HISTORICAL ARTIFACTS FROM COLA NIP BUILDING LOCATED AT 233 NORTHWEST 9TH STREET FOR BUILDING DEPARTMENT BY SOGO INTERNATIONAL, $18,150. AMEND RESOLUTION NO. 98-251, RATIFYING, APPROVING AND CONFIRMING MANAGER'S FINDING OF EMERGENCY AND AUTHORIZE INCREASE TO FURNISH AUTOMOTIVE PARTS AND ACCESSORIES CITYWIDE FROM EIGHTEEN VENDORS, AND REFLECTING CONTRACT OPTION TO INCLUDE ANY EXTENSIONS TO MIAMI-DADE COUNTY CONTRACT NO. 1070- 3/02 -TR -CW; AND REFLECTING CHANGE IN CONTRACT PERIOD. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS (RFQ) THAT MOST QUALIFIED FIRM IS CHESAPEAKE GROUP, INC. TO PROVIDE PROFESSIONAL SERVICES FOR MARKETING STUDY OF BUSINESS CORE OF COCONUT GROVE FOR DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT, $90,000. AUTHORIZE MANAGER TO PAY MIAMI-DADE COUNTY $8,495,310.75 FOR DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY CITY. AUTHORIZE MANAGER TO EXECUTE INTERGOVERNMENTAL COOPERATION AGREEMENT WITH MIAMI-DADE COUNTY TO GRANT CITY'S REQUEST FOR PROPERTY APPRAISER TO INCLUDE NON -AD VALOREM ASSESSMENTS FOR FIRE -RESCUE SERVICES AND FACILITIES AND SOLID WASTE SERVICES AND FACILITIES ON "NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON -AD VALOREM ASSESSMENTS," REFERRED TO AS TRIM NOTICE. Chairman Regalado: OK. I am advised by the City Attorney -- do you need to speak? You really do? Unidentified Speaker: No. Chairman Regalado: OK. Good. Unidentified Speaker: Thank you. Thank you. Chairman Regalado: I am advised by the City Attorney that Items 17, 18, 19, 20, 23A do not require a public hearing, so we can do it in one motion, all of these items. Items 17 -- Commissioner Teele: So moved. Chairman Regalado: -- 18, 19, 20, and 23A. Commissioner Gonzalez: So moved. Chairman Regalado: We have a motion -- Commissioner Teele: Second. Chairman Regalado: -- and a second. All in favor, say "aye." 176 May 9, 2002 The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolutions were introduced by Vice Chairman Winton, who moved their adoption: RESOLUTION NO. 02-538 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY 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 ISSUING PURCHASE ORDER NO. 229228 FOR THE REMOVAL, PACKAGING AND TRANSPORTATION OF HISTORICAL ARTIFACTS FROM THE COLA NIP BUILDING LOCATED AT LOCATED AT 233 NORTHWEST 9TH STREET, MIAMI, FLORIDA, FOR THE BUILDING DEPARTMENT BY SOGO INTERNATIONAL, IN AN AMOUNT NOT TO EXCEED $18,150; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.340. RESOLUTION NO. 02-538.1 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 98-251, ADOPTED MARCH 10, 1998, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND AUTHORIZING AN INCREASE IN THE AMOUNT APPROVED PURSUANT TO RESOLUTION NO. 97-322, TO FURNISH AUTOMOTIVE PARTS AND ACCESSORIES CITYWIDE FROM EIGHTEEN VENDORS, AND REFLECTING THE CONTRACT OPTION TO INCLUDE ANY EXTENSIONS TO MIAMI-DADE COUNTY CONTRACT NO. 1070 -3/02 -TR -CW; AND REFLECTING A CHANGE IN THE CONTRACT PERIOD. RESOLUTION NO. 02-538.2 A RESOLUTION OF THE CITY OF MIAMI COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFQ") NO. 01-02-049, DATED JANUARY 28, 2002, THAT THE MOST QUALIFIED FIRM IS THE CHESAPEAKE GROUP, INC. TO PROVIDE PROFESSIONAL SERVICES FOR A MARKETING STUDY OF THE BUSINESS CORE OF COCONUT GROVE FOR THE DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL SIX -MONTHS PERIOD, IN AN AMOUNT NOT TO EXCEED $90,000 FOR THE INITIAL AND EXTENDED PERIODS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 344102.509202.6.270; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CHESAPEAKE GROUP, INC. AND TO REISSUE THE RFP IN THE EVENT A FAIR, COMPETITIVE AND REASONABLE AGREEMENT CANNOT BE NEGOTIATED AND EXECUTED WITH THE CHESAPEAKE GROUP, INC. 177 May 9, 2002 RESOLUTION NO. 02-538.3 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PAY MIAMI-DADE COUNTY AN AMOUNT NOT TO EXCEED $8,495,310.75 FOR A PERIOD OF ONE YEAR FOR THE DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI, PURSUANT TO INTERLOCAL AGREEMENTS ENTERED INTO WITH MIAMI-DADE COUNTY, FLORIDA, ON SEPTEMBER 29, 1995; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 422001.320302.6.531. RESOLUTION NO. 02-538.4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO GRANT THE CITY OF MIAMI'S REQUEST FOR THE PROPERTY APPRAISER TO INCLUDE NON -AD VALOREM ASSESSMENTS FOR FIRE -RESCUE SERVICES AND FACILITIES AND SOLID WASTE SERVICES AND FACILITIES ON THE "NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON -AD VALOREM ASSESSMENTS," COMMONLY REFERRED TO AS THE TRIM NOTICE. (Here follows body of resolutions, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolutions were 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: We have the contracts. Vice Chairman Winton: "Aye." Chairman Regalado: I'm sorry? Vice Chairman Winton: I couldn't even get through them that fast. Commissioner Gonzalez: What item is that? Chairman Regalado: I'm sorry? Oh, you mean, Solid Waste contracts? Commissioner Gonzalez: Yes. 178 May 9, 2002 Chairman Regalado: OK. It's -- I'll tell you right now. Vice Chairman Winton: Eighteen. Wait, wait. Commissioner Teele: Madam Clerk, would you read what we just passed, the motion? Vice Chairman Winton: Yeah. Because I might want to call one back. Priscilla A. Thompson (City Clerk): We have Item 17, 18, 19, 20, and 23 A. Vice Chairman Winton: Well, what do we have to do to at least have not necessarily to reconsider it, but I want to have a little discussion on 18. Commissioner Teele: Start talking. Vice Chairman Winton: What do we do? Chairman Regalado: Eighteen, go ahead, sir. Vice Chairman Winton: I've got to remember here real quickly what we're doing in 18. Parts and trucks accessories, OK. Now, we have spent a pretty significant amount of money upgrading our fleet, at least since I've been here, tons of money on police vehicles and other kinds of vehicles, and garbage trucks, and fire trucks and all kinds of things. But I note in here, in background, first paragraph, that on March 10, 1988 (sic), a resolution blah, blah, blah, City Commission authorized an increase in the parts contract from five hundred and twenty-four thousand to seven hundred and fifty thousand to cover additional costs due to the age of some of the City's fleet, which is about a 50 percent increase. Now, we've significantly upgraded that fleet. So, the age isn't, I suspect, quite as aged as it used to be, so do we still need this significant increase in the parts costs -- Alex Martinez (Acting Director, General Services Administration): Alex Martinez -- Vice Chairman Winton: -- from two years ago -- four years ago? Mr. Martinez: -- Acting Director of GSA (General Services Administration). These parts are mainly for the heavy equipment for the garbage trucks. Our trash trucks have not been replaced. We're in the process of replacing some of them, but the majority of them have not been replaced. These are heavy equipment parts, and -- Vice Chairman Winton: So this 524 to 720 -- 750 was really for the heavy equipment? Mr. Martinez: Yes, sir. Vice Chairman Winton: And that's what this is all about? Mr. Martinez: Yes, sir. Vice Chairman Winton: Thank you. Answered my question. Chairman Regalado: OK. Anybody wants to -- Vice Chairman Winton: But I'll be asking it again. 179 May 9, 2002 Chairman Regalado: -- reconsider or pull one of the things -- items that we just approved? OK. 180 May 9, 2002 25. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY AND EMPLOYEE ORGANIZATION KNOWN AS FLORIDA PUBLIC EMPLOYEES, COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871, OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001. Chairman Regalado: We're going to do now item 21. It's a resolution authorizing the City Manager to enter into a collective bargaining agreement, with Florida Public Employees Council, 79 , AFSCME (American Federal, State, County, and Municipal Employees), AFL/COI, Local 871, for the period of October 1, 2000 through September 30, 2001. This is the first item that we have to approve, Mr. City Attorney, before we move on to the new contract, right? Commissioner Gonzalez: Mr. Chairman, I believe -- Chairman Regalado: I just want to make sure what we need to do. Alex. Alejandro Vilarello (City Attorney): Yes, Commissioner, this is the contract that goes through September 30, 2001, so this -- Chairman Regalado: But this is the first thing we have to do to move on to the other item? Mr. Vilarello: Yes, sir. Chairman Regalado: OK. You -- Commissioner Gonzalez, you wanted to say something or -- Commissioner Gonzalez: I understand that the president of the union, and the vice president, and all of the directive of the union, whom are present here now, have a problem. They have communicated to me that they have problem with what is being proposed and approved in reference to employees that are going to retire, or have just retired, that are not going to be -- they're not going to be receiving the back pay that's also the other employees are going to get. I don't know, maybe the president can enlighten us on what -- Carlos Gimenez (City Manager): Commissioner -- Commissioner Sanchez: Has this been ratified? Mr. Gimenez: Yes, sir. Commissioner Gonzalez: Yes, it has. Mr. Gimenez: Commissioner, the -- anybody who is going to retire after this will get the benefit, after this is ratified. I mean, after this is approved. People that have left, or gone, that are no longer employees of the City, they're not going to get a retroactive pay based on this contract. Commissioner Sanchez: (INAUDIBLE) ratified by the union. Mr. Vilarello: Mr. Chairman -- Chairman Regalado: Yes, sir. 181 May 9, 2002 Mr. Vilarello: -- I'm not sure -- Mr. Chairman, I'm not sure whether I'm obligated to step in at this point and perhaps provide guidance to -- not to the City Commission, because what we have is a contract that has been approved at the bargaining table and ratified by the union, presented to the City Commission. If officers of the union are speaking against the contract that they negotiated at the table and ratified by its bargaining -- by the bargaining unit, that would clearly be an unfair labor practice, and it's not to say that this Commission doesn't have the right to ask all the questions that this Commission wishes to ask about the collective bargaining agreement that's being presented to you. Chairman Regalado: Absolutely. That is why I ask what do we do first, you know, the old contract and then proceed -- Commissioner Sanchez: Mr. Chairman, what item are we on? Chairman Regalado: Item 21. Commissioner Sanchez: So moved. Chairman Regalado: What -- OK. Let's do this -- let's approve this, and then talk about the contract. Commissioner Sanchez: OK. Chairman Regalado: Item 21. It's a motion and a second. All in favor, say "aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-539 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC EMPLOYEES, COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871, FOR THE PERIOD OF OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001. (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. 182 May 9, 2002 26. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY AND EMPLOYEE ORGANIZATION KNOWN AS FLORIDA PUBLIC EMPLOYEES, COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 871, OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004. Chairman Regalado: Now, we have Item 22. Commissioner Sanchez: Twenty-one. Chairman Regalado: Twenty-two. Commissioner Sanchez: Twenty-two? Commissioner Gonzalez: Twenty-two. Vice Chairman Winton: You just did 21. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. Any comments? Discussion? Vice Chairman Winton: We understand. Chairman Regalado: OK. Mr. City Attorney -- go ahead. Nino Arguelles (as translated by Odina Suarez, Official Interpreter): My name is Nino Arguelles. I have been recently disabled because of an accident. I've worked for the City for the 23 years in the most mistreated, misused, misapplied, lousy pay of the City. Today's a happy and great day for me, due to the fact that a contract that we have been trying to -- is going to be approved for many months -- after many months of negotiations. A very important thing. Once I was elected, I proposed a member from the Haitian community, a member from the Cuban community, and also one from the American community, all for the union to be chosen, so that we would all have some kind of representation, so there wouldn't be any discrimination inside the department. We have argued all of this, with all of the Commissioners, which have given us tremendous help, have formidable patience, especially this gentleman, who has been incredibly patient to put up with me in restaurants and parties, but I'm not doing this for me. I'm doing it for all of the co-workers who remain working, so they won't have to put up with what I did for 23 years. I hope that this will continue with the union, formed by three men, like the three Musketeers, "All for one and one for all," all of us receiving the same benefits. I feel satisfied to have worked for the City for many years with my honest work, picking up trash. My three daughters are all professionals today, and I have to be thanking the City of Miami for having had accepted me as a worker when I arrived here from Cuba. No work is bad. I picked up picking trash, as I started, and I'm very satisfied to have done it honestly in this country. I hope that the Commissioners will follow us by helping this department and I hope I don't die, because I am alive by pure miracle. I had a really big operation after the accident. My co-workers here that represent the American side, the Haitian side, but we're all one. We're all brothers. We're all under the same umbrella of God up above. Thank you very much. I apologize for the inconvenience and I think, Carlos, I'm not going to be bothering you anymore. Thank you. Chairman Regalado: Go ahead, sir. 183 May 9, 2002 Joe Simmons, Jr.: Good evening, ladies and gentlemen. My name is Joe Simmons, Jr., VP, Local 871, AFL-CIO. There were several issues that were addressed as a result of this negotiation. It's been a long, hard fight, and we want -- I mean, we haven't -- we got most of this thing we wanted, you know, as we know how the process works. We have gotten some assurances from the City Manager that there will be several issues that the department that we will sit down from (UNINTELLIGIBLE) and get those issues resolved and we want him, for the record, to state that. Mr. Gimenez: Absolutely. You have my commitment and my word that those issues that are still at the forefront, that are causing problems within that particular labor force, that it will be part of the labor management process and we will try to resolve them as equitably as possible. Mr. Simmons: I had one question. I know there's been quite a number of committees that have been created as a result of this negotiation, and we will be there. You know, there'll be a voice from Solid Waste present. There will be a presence. Our concern is, we don't want these committees to be paper tigers. We want them to have some teeth or at least some consideration with our issues. We have a number of issues that we couldn't get resolved in negotiations, because if we had, we'd been in negotiations another two or three years possibly or more, and we do appreciate the patience of the -- this Commission, their support, the elected officials, as well as the administration, Mr. Patterson, Sue Weller, as well as our co-workers and our employees that work along side us, as well as the administration of this union. We know that the public recognize the inequities that has maybe caused a number of years of not being attended to. We intend to address those issues in labor management. And we got assurance from the Manager, in writing -- we have a Memorandum of Understanding, as a result of us meeting, and we look forward to working with the City. We're not here to hurt the City. I might note that our impact to the budget is little over one percent in three years, and I don't think that we're asking great deal of things from the City. All we're asking is what's equitable and what's fair. And, of course, I know that when you're requesting these things, there's a cost involved, and we have to consider that, as well. But I want you to note that our impact of budget is one percent, less than 20 percent -- 20 percent of the impact of total employees budget -- their impact toward the whole City of Miami operating budget. Thank you, ladies and gentlemen, and above all, we want to thank God for giving us this opportunity to come before this Commission and those that are in attendance today. Thank you very much. Chairman Regalado: Thank you, sir. Go ahead, sir. Gerard Cihens: Recognize City Commission. My name is Gerard Cihens. I represent Local -- Chairman Regalado: Just get close. Mr. Cihens: I represent Local 871. We (UNINTELLIGIBLE) had to get the contract. We thanking all the City Commission, we thanking City Manager for helping us, even the contract is not a hundred percent for us, but we will come back with the City and (UNINTELLIGIBLE) the contract. Thank you very much. Chairman Regalado: Thank you. Mr. Gimenez: Mr. Chairman. Chairman Regalado: OK. We have -- Mr. Gimenez: Mr. Chairman. 184 May 9, 2002 Chairman Regalado: Yes, sir. Mr. Gimenez: Just like to make a comment that it was my pleasure to work with this union, and especially the president, Nino Arguelles. It's -- this is probably the best contract that they've negotiated in quite a long time, and it's due to the cooperation of the four members that they have, the four principal members. It's unfortunate that Mr. Arguelles, since he did retire, will not be the beneficiary of this, but that didn't stop him in his quest to make sure that Solid Waste got everything he got. You were never a bother to me. It was always a pleasure working with you, and I wish you luck in the future. Mr. Arguelles (translated by Odina Suarez, Official Interpreter): May I say something? In 23 years -- Chairman Regalado: You need to -- please. Mr. Arguelles: Never was there an argument on a contract point by point. This contract was however argued point by point. All of the workers participated in it, and I think, in 23 years, the only time that one successful contract has been argued for this department has been this one, with the cooperation of my brothers here, Tomas, my brother Teele, my good brother Angel, Joe and Diaz, and this my uncle over here, pointing to Mr. Carlos Gimenez, thank you. Good night. Chairman Regalado: OK. We've got to get this done, but I'll tell you something, Mr. Manager. One day we should bring him back so he can tell us about the mess of Risk Management. He is a very honest man and he has refused to go to doctors, to get transportation that the City orders, and when he gets -- because he had an accident on a dump -- on a trash truck, when he gets to the places that he don't need to go, the people there tell him, hey, you know, I just get paid from the City big money and -- so, I just -- if you don't want to come, just don't come, because I'm going to get paid. Some day, a person like him has to go before this City Commission and tell us his -- because he's a living proof that we are still wasting money in the Risk Management. And that's just a sideline comment. We have a motion and a second. All in favor, say "aye." The Commissioner (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-540 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTWE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE, FLORIDA PUBLIC EMPLOYEES, COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 871, FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004. (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: 185 May 9, 2002 AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 186 May 9, 2002 27. EMERGENCY ORDINANCE: AMEND SECTIONS 40-254 AND 40-255 OF CITY CODE ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO PROVIDE THAT PROVISIONS OF CITY CODE ARE CONSISTENT WITH TERMS AND CONDITIONS OF CERTAIN COLLECTIVE BARGAINING AGREEMENT. Chairman Regalado: OK. I have -- let's do pocket items. Commissioner Sanchez: Mr. Chairman, can we take up Item 15? Carlos Gimenez (City Manager): Can we do 23, which is the ordinance that really finalizes their -- all their benefits? Commissioner Teele: Move item 23. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Regalado: Item 23, it's been moved and second. Read the ordinance. OK. Roll call. Second roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO PROVIDE THAT THE PROVISIONS OF THE CITY CODE ARE CONSISTENT WITH THE TERMS AND CONDITIONS OF A CERTAIN COLLECTIVE BARGAINING AGREEMENT, INCLUDING A DEFERRED RETIREMENT OPTION PROGRAM FOR THE FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 871; AND PROVIDING FOR STAND-BY LABORERS TO BUY BACK PRIOR CONTINUOUS SERVICE AS A NON-MEMBER; MORE PARTICULARLY BY AMENDING SECTIONS 40-254 AND 40-25 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE was introduced by Commissioner Teele and seconded by 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 Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. 187 May 9, 2002 NAYS: None ABSENT: None. Whereupon the Commission on motion of Commissioner Teele and seconded by Sanchez, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12225. The ordinance was read by title into the public record by the City Attorney. 188 May 9, 2002 28. FIRST READING ORDINANCE: AMEND SECTION 10-4(B) OF CITY CODE ENTITLED "BUILDINGS/IN GENERAL", WHICH SETS FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, INCLUDING BOILER AND ELEVATOR INSPECTION, PERMIT AND CERTIFICATE FEES, TO MODIFY FEES AND PROVIDE EXEMPTIONS. Chairman Regalado: 15 -- Commissioner Sanchez: Twenty. Fifteen. Chairman Regalado: -- first reading ordinance. Do we have a motion? Commissioner Sanchez: So moved. Chairman Regalado: Yes, we do. Commissioner Teele: Second. Chairman Regalado: And a second. Read the ordinance. Roll call. An Ordinance entitled — FIRST READING ORDINANCE, AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10, ARTICLE 1, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'BUILDINGS/IN GENERAL," WHICH SETS FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, INCLUDING BOILER AND ELEVATOR INSPECTION, PERMIT AND CERTIFICATE FEES, TO MODIFY THE FEES AND PROVIDE EXEMPTIONS; MORE PARTICULARLY BY AMENDING SECTION 10-4 (B) OF THE CODE; CONTAINING A REPEALER PROVISION AND 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. 189 May 9, 2002 29. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPT BID OF RIC -MAN INTERNATIONAL, INC., FOR PROJECT ENTITLED "CITYWIDE STORMWATER PUMP STATIONS EMERGENCY REPAIRS, B-5649'; ALLOCATE FUNDS AS APPROPRIATED BY ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCES, TOTAL ESTIMATED COST $55,500. Chairman Regalado: Do we have pocket items? Commissioner Winton, you have one. Vice Chairman Winton: Yeah, but -- Chairman Regalado: Not if you don't want to. We can defer all -- Commissioner Sanchez: (UNINTELLIGIBLE) items are controversial. Maybe we could probably get rid of them (UNINTELLIGIBLE) voted on -- Commissioner Gonzalez: (UNINTELLIGIBLE) probably do them, right? Commissioner Sanchez: Huh? Commissioner Gonzalez: Probably do them, or you want -- Commissioner Sanchez: Yeah, we could probably do them. Chairman Regalado: We have Item 2. It's a resolution. It needs a four-fifths vote. It's an emergency by the City Manager. Do we have a motion? Commissioner Gonzalez: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. Does not need -- it is a public hearing. Any -- close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-541 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 RI C -MAN INTERNATIONAL, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR INFORMAL BIDS, DATED FEBRUARY 28, 2002, FOR THE PROJECT ENTITLED "CITYWIDE STORMWATER PUMP STATIONS EMERGENCY REPAIRS, B-5649," IN THE AMOUNT OF $49,000; ALLOCATING FUNDS FROM PROJECT NO. 352253, AS 190 May 9, 2002 APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCE, AS AMENDED, IN THE AMOUNT OF $49,000 FOR THE CONTRACT COSTS AND $6,500 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $55,500; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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: Four-fifths vote. It passes. 191 May 9, 2002 30. SECOND READING ORDINANCE: AMEND SECTION 40-74 OF CITY CODE ENTITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS", TO REQUIRE THAT CHANGES IN RACE, COLOR OR NATIONAL ORIGIN BE ESTABLISHED AT TIME OF APPLICATION FOR ALL CLASSIFIED POSITIONS. Chairman Regalado: Item 10. It's a second reading ordinance, Personnel/Civil Service rules and regulations. Commissioner Gonzalez: So moved. Commissioner Sanchez: 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 CHAPTER 40, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS," TO REQUIRE THAT CHANGES IN RACE, COLOR OR NATIONAL ORIGIN BE ESTABLISHED AT THE TIME OF APPLICATION FOR ALL CLASSIFIED POSITIONS; MORE PARTICULARLY BY AMENDING SECTION 40-74; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of April 11, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12226 The Ordinance was read by title into the public record by the City Attorney. 192 May 9, 2002 31. SECOND READING ORDINANCE: SUNSET CITY'S BUDGET AND FINANCES REVIEW COMMITTEE; REPEAL SECTION 18-5 AND AMEND SECTION 2-892 OF CITY CODE. Chairman Regalado: 11, second reading ordinance, sunsetting the Budget and Finance Review Committee. Do we have a motion? Commissioner Gonzalez: So moved. Chairman Regalado: It's been moved. And second -- second? Vice Chairman Winton: Second. Chairman Regalado: Read the ordinance. Roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE CITY OF MIAMI BUDGET AND FINANCES REVIEW COMMITTEE; MORE PARTICULARLY BY REPEALING SECTION 18-5 IN ITS ENTIRETY AND AMENDING SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Gonzalez, seconded by Vice Chairman Winton, 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 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. 12227 The Ordinance was read by title into the public record by the City Attorney. 193 May 9, 2002 32. SECOND READING ORDINANCE: AMEND SECTION 54-223 OF CITY CODE ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES," TO ADDRESS ADVERSE ECONOMIC IMPACT ON BUSINESSES DUE TO SEPTEMBER 11, 2001 TRAGEDY BY (1) REDUCING ANNUAL SIDEWALK CAFE PERMIT FEE BY FIFTY PERCENT, (2) ESTABLISHING ONE-TIME CREDIT OF FIFTY PERCENT, AND (3) PROVIDING FOR TWELVE MONTH PAYMENT PROGRAM FOR DELINQUENT ACCOUNTS. Chairman Regalado: Item 12, second reading ordinance, streets and sidewalks, cafes, reduce the rates -- Commissioner Gonzalez: So moved. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. Roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES," TO ADDRESS THE ADVERSE ECONOMIC IMPACT ON BUSINESSES DUE TO THE SEPTEMBER 11, 2001 TRAGEDY BY (1) REDUCING THE ANNUAL SIDEWALK CAFE PERMIT FEE BY FIFTY PERCENT (50%),(2) ESTABLISHING A ONE-TIME CREDIT OF FIFTY PERCENT (50%), AND (3) PROVIDING FOR A TWELVE MONTH PAYMENT PROGRAM FOR DELINQUENT ACCOUNTS; MORE PARTICULARLY BY AMENDING SECTION 54-223 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of April 11, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzdlez, seconded by Vice Chairman Winton, 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 Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12228. The Ordinance was read by title into the public record by the City Attorney. 194 May 9, 2002 33. SECOND 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: Thirteen, second reading ordinance. Commissioner Gonzalez: So moved. Vice Chairman Winton: So moved. Second. Chairman Regalado: It's been moved and second. Read the ordinance. (At this point, the City Attorney read the ordinance by title into the public record.) Roll call. You -- go ahead, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. No, it's just a point of information. If that grant was the grant obtained by Carey Meek, the money, together with the Department of Urban Development? Chairman Regalado: Yes, it was. Mr. Cruz: No. I wonder, is that the only congressperson that's in the City of Miami? What about our congressperson? They never bring anything? I don't see Carey Meek bringing money for the river, money for the Everglades, money for -- what about the (UNINTELLIGIBLE). Chairman Regalado: Ileana Ross brought the money for the river. Mr. Cruz: Huh? Chairman Regalado: Ileana. Mr. Cruz: She brought money? Chairman Regalado: Yes Mr. Cruz: And she was the (UNINTELLIGIBLE)? Chairman Regalado: One million. Mr. Cruz: OK. But, you know, I wonder because most of the time, I see Carey -- I was wondering she was the only public person. Vice Chairman Winton: That's a very good point. Mr. Cruz: Right. Because that's -- we send a lot of money to Washington. Chairman Regalado: Of course, we do. Mr. Cruz: (UNINTELLIGIBLE) have some of that back. 195 May 9, 2002 Chairman Regalado: OK. 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 $340,000 AND (2) THE NEIGHBORHOOD 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 HOME OWNERSHIP 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 passed on its first reading, by title, at the meeting of April 25, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Vice Chairman Winton, 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 Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12229. The Ordinance was read by title into the public record by the City Attorney. 196 May 9, 2002 34. APPROVE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES FOR PROMOTION OF ZO'S SUMMER GROOVE. Chairman Regalado: Look, we have several pocket items. I think that we should first need to do this, and then, if you all want, we keep doing the regular agenda, because we have some time sensitive items, I see here, pocket item. Commissioner Winton has one for the 16th. Commissioner Winton has another one that -- Vice Chairman Winton: I have three that are very quick. Chairman Regalado: OK. Vice Chairman Winton: Zo's-- Banner support for Zo's Summer Grove -- Summer Groove. So move. Commissioner Sanchez: Move. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-542 A MOTION APPROVING PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI THOROUGHFARES FOR THE PROMOTION OF ZO'S SUMMER GROOVE. 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. 197 May 9, 2002 35. DECLARE EXEMPTION RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5(A) OF CITY CODE AS RELATED TO LEVEL AND HOURS OF NOISE RESULTING FROM FILMING COMMERCIAL AT 243 NORTHEAST 24 STREET, SUBJECT TO BELIEVE MEDIA OBTAINING CONSENT FROM OWNERS AND TENANTS OF AFFECTED PROPERTY. Vice Chairman Winton: A resolution requesting waiver of noise ordinance on May 16, 2002 throughout City block of 243 Northeast 24 Street for the filming of a Volkswagen commercial between 9 p.m. and 4 a.m. 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. 02-543 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(a) AND 36-5(a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING A COMMERCIAL ON MAY 16, 2002, IN THE EDGEWATER AREA AT 243 NORTHEAST 24TH STREET, MIAMI, FLORIDA, SUBJECT TO BELIEVE MEDIA, THE PRODUCTION COMPANY, OBTAINING CONSENT FROM THE OWNERS AND TENANTS OF THE AFFECTED PROPERTY(S) AT SUCH FILMING LOCALITY. (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: And the last one relates -- the last one relates -- Chairman Regalado: You like Volkswagens? Unidentified Speaker: (INAUDIBLE). 198 May 9, 2002 Chairman Regalado: What do you want, a Volvo or something? Commissioner Sanchez: (Unintelligible). Madam Clerk, register my vote as a "yes." 199 May 9, 2002 36. SUPPORT ISSUES RELATED TO INTERSECTION SAFETY, TRAFFIC ENFORCEMENT, AND POLICE CHASES RAISED BY STUDENTS OF MR. JUAN M. PINO'S CLASS AT GEORGE WASHINGTON CARVER MIDDLE SCHOOL. Vice Chairman Winton: And my last one relates to the kids that were here this morning, that did such a good job. So, this is a resolution of the City of Miami Commission supporting the issues related to intersection safety traffic enforcement and police chases raised by the students of the Juan M. Pino's class at George Washington Carver Middle School; directing the City Clerk to transmit this resolution to the designated officials, in particular, the County Commission. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Thank you. That's all I have. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-544 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE ISSUES RELATED TO INTERSECTION SAFETY, TRAFFIC ENFORCEMENT, AND POLICE CHASES RAISED BY THE STUDENTS OF MR. JUAN M. PINO'S CLASS AT GEORGE WASHINGTON CARVER MIDDLE SCHOOL; DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE DESIGNATED OFFICIALS. (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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Thank you. 200 May 9, 2002 37. DIRECT MANAGER TO WAIVE FEES FOR USE OF SHOWMOBILE BY MUSEUM OF CUBAN RAFTERS FOR EVENT RELATED TO CENTENNIAL OF CUBA'S INDEPENDENCE IN FRONT OF DADE COUNTY AUDITORIUM ON FLAGLER STREET AND N.W. 29TH AVENUE ON MAY 20, 2002. Chairman Regalado: Commissioner Gonzalez, you have any pocket items? Commissioner Gonzalez: Get Commissioner Sanchez. Let me get organized. Commissioner Sanchez: I have no pocket items. Chairman Regalado: I have two. Vice Chair, could you chair just for one second? Vice Chairman Winton: Yes. Chairman Regalado, you're recognized. Chairman Regalado: The City of Miami is co-sponsor of the Centennial, different activities activities to commemorate 100 years of Cuba's independence. We have two activities that are sponsored by the Centennial Committee and need a waiver from the City of Miami. Number one, the Museum of Cuban Rafters is doing a public show of rafts and memorabilia from the Cuban Exodus in front of Dade County Auditorium, where we all believe that on May 20, at noon, the President of the United States will be coming, and, for that, they are requesting to -- from the City of Miami to have the portable trailer of the Parks Department to be placed -- they have spoken already to the Police Department -- to be placed right in front Dade County Auditorium on Flagler and 29th. So, when the President's motorcade comes in, he will be able to see the display of the Cuban Exodus. So, what they are looking for is the waiver for two days of the trailer of Parks Department. I believe that they will pay for the employees, as it is the custom in the other events. Vice Chairman Winton: So, you're making that as a motion? Chairman Regalado: Yes, I'm making this as a motion. Vice Chairman Winton: So, we have a motion. Need a second. Commissioner Teele: Second. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second. Further discussion? Being none, All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The motion carries. Next. The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-545 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE FEES FOR USE OF SHOWMOBILE BY MUSEUM OF CUBAN RAFTERS FOR 201 May 9, 2002 EVENT RELATED TO THE CENTENNIAL OF CUBA'S INDEPENDENCE IN FRONT OF THE DADE COUNTY AUDITORIUM ON FLAGLER STREET AND N.W. 29TH AVENUE ON MAY 20, 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 Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. 202 May 9, 2002 38. DIRECT MANAGER TO WAIVE FEES FOR USE OF SHOWMOBILE AND USE OF PARK IN CONNECTION WITH CUBAN PARTY, CULTURAL, MUSICAL EVENT ON MAY 25, 2002, AT ROBERT KING HIGH PARK CARLOS ARBOLEYA PICNIC GROUND ORGANIZED BY ALPHA 66 AND OTHER CUBAN EXILE GROUPS TO COMMEMORATE CUBAN CENTENNIAL. Chairman Regalado: Thank you. The other event will be taking place on May 25th, at Robert King High Park, Carlos Arboleya Picnic Ground, and it will be called the Cuban Party, something like that. It's to-- a musical event, a cultural musical event to commemorate the centennial, organized by Alpha 66 and other groups from exile. It will start at 1 p.m., and they're requesting waiver of the trailer to do the show, and also the park rent. They will be paying for the employees. That's a motion. Vice Chairman Winton: We have a motion. Need a second. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Vice Chairman Winton: Got a motion and a second. Any further discussion? Being none, All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The motion carries. Chairman Regalado: Thank you. Those are my pocket items. The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-546 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE FEES FOR USE OF SHOWMOBILE AND USE OF PARK IN CONNECTION WITH THE CUBAN PARTY, A CULTURAL, MUSICAL EVENT ON MAY 25, 2002, 1 P.M., AT ROBERT KING HIGH PARK CARLOS ARBOLEYA PICNIC GROUND ORGANIZED BY ALPHA 66 AND OTHER CUBAN EXILE GROUPS TO COMMEMORATE THE CUBAN CENTENNIAL. 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. 203 May 9, 2002 39. CONFIRM MANAGER'S NOMINATION OF PATRICK RANGE, LUCIA DOUGHERTY AND HECTOR BRITO AS MEMBERS OF MODEL CITY HOMEOWNERSHIP TRUST. Vice Chairman Winton: And, Mr. Chairman, you're Chairman again. Chairman Regalado: OK. We still have several things here to do. Commissioner Teele, you have -- I see one -- Commissioner Sanchez. Commissioner Sanchez: I have no pocket items, Mr. Chairman. Commissioner Teele: I have some, but I can't find them. Chairman Regalado: I'll give it to you. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: I have one. Commissioner Sanchez: If we're not going to be hearing the remaining items, like to make a motion they're passed on to the next Commission meeting, which is on the 23rd. Commissioner Gonzalez: You want to take my -- Commissioner Sanchez: Just the pocket items? Commissioner Gonzalez: -- pocket items? Vice Chairman Winton: We have more pocket items, yet, Joe, don't we? Commissioner Sanchez: (Unintelligible) more pocket items. Vice Chairman Winton: He's got pocket items. Carlos Gimenez (City Manager): Yes, Mr. Chairman -- Commissioner Gonzalez: I've got pocket items. Mr. Gimenez: -- I also have one pocket item. Commissioner Gonzalez: The administration has pocket items. Vice Chairman Winton: So, you might as well just chill awhile. Commissioner Sanchez: No. I mean, why don't we just put the rest of the items on the next Commission meeting, on the 23rd, and let's just do the pocket items? Vice Chairman Winton: So, we could stay till midnight on the next one? What difference does it make? Chairman Regalado: No. I promise you -- 204 May 9, 2002 Commissioner Sanchez: Hey -- Chairman Regalado: And I tell you what happened today. Commissioner Sanchez: -- I'm the one who's gotten like six hours in the last two days. Vice Chairman Winton: No. I need to congratulate you, by the way. I think that you handle that public hearing magnificently. Commissioner Teele: Here, here. Vice Chairman Winton: I think you did a great job. I meant to say that afterward, and I lost my train of thought. Chairman Regalado: No. But, you know what happened today is that we allowed a lot of time to the children, and I think that it was important because it was -- these children requested their presentation three months ago, and they were looking forward and I thought that all of you would, you know -- Commissioner Sanchez: He's just brownnosing the Chairman. That's all. Chairman Regalado: Commissioner Teele. Commissioner Teele: Thank you -- does everyone have a commendation? Chairman Regalado: I have one. I gave it to you. I have one. Commissioner Teele: Where is the list? I need the full list. Does everybody -- all right. Mr. Chairman, thank you very much. Previously -- let me make two announcements -- three announcements. On Wednesday, at noon, on May the 15th, the City of Miami is hosting the Mayor and the Commission the opening of the Hadley Park Community Center -- Senior Center. This facility has had a lot of names, or has had a lot of functions, but it still only has one name, which is the Community Senior Center. I'm going to meet with the Mayor on that, because I think one of the things that I'd like for the Mayor to do is call a meeting of the Commission to designate the name appropriately there at the site as just one item, which would be just a quick item, but the entire Commission is encouraged to come. And I know that we're going to have one very soon in Coconut Grove. It's going to be noon, at the Hadley Park Community Center, Wednesday the 15th. May the 15th, yes. Also, I would like to announce that, beginning on the 19th, Sunday the 19th through Sunday the 26th, which includes the moment of the Cuban Centennial, there will be an art show in conjunction with Roots and Culture. We've been able to get the art show in the downtown area at Big Time Studios, and Big Time Studios has made a very generous donation in-kind of their -- some of their space, and that is going to be every evening. I think there'll be a notice from about 4 to 7, and it will feature a different artist. I would just like to note that the Miami Art Museum and George Perez, personally, have donated art pieces for this exhibit. It's a design to highlight 12 Haitian artists that are in Haiti that will be coming up solely for this show -- this exhibit. And on Monday, the 20th, the special exhibit will focus on some famous Cuban artists, again, in commemoration of the Centennial but that will be going on everyday from 4 to 7, at Big Time Studios, a Haitian -- salute to Haitian artists, et cetera. I would also like to inform the Commission that this community is bracing itself for a unique event that I'm not sure we even know what's going on, but every Memorial Day weekend now -- at least last Memorial Day weekend there were about 300 people that came to town that nobody really anticipated. These are DJs (Disc Jockeys) that are hosting pretty unique, wide open events. Miami Beach is moving to an Alpha Bravo. The New Times, the whole story's about that. Luther Campbell, who is a Miami vintage, deserves a lot of credit, and I'm sure other things for 205 May 9, 2002 what has happened, but let's be fair. He's bringing a lot of people to this town. What apparently happened was the Cancun Music Festival cancelled out. They were offended by some things that happened, and so they just all sort of came to Miami, and all the hotels will be full, all of the top hotels. There was a run last year on Louie Viton, Chanel, et cetera. There was not one bit to be found in Bal Harbour, I understand, after. So, I mean, you know, these things are mixed blessings. The Executive Director of the CRA (Community Redevelopment Agency) has made a request -- and I'm not sure how we're going to deal with that, but we do have a unique problem that we're working with the Police Department to try to anticipate and that is, of course, we've got the residue of South Beach in our City, and we are prepared to try to work with the Manager in ensuring that we don't get caught short either this year, as Miami Beach got short -- caught short last year. So, with that, what we'd like to do is the following. First, the Manager has nominated some four -- six persons to the Model Cities Trust. The Commission has approved two of the nominations and deferred four. The four that were deferred, I would like to move the confirmation of the Manager's three nominations, which were Patrick Range, Lucia Dougherty, and Hector Brito. And all three of these persons are well-known. I think Mr. Brito is a member of the Housing Finance and a well-known developer. Ms. Dougherty, I think, is with -- a former City Attorney, and Mr. Range, of course, is a business person. This will bring to the total number of five of the seven persons that will make up the Model Cities Trust. The reason that we deferred these was to insist that the staff prepare a training seminar. That seminar has been prepared. The Mayor's inviting, I think, people -- when is the date of that seminar going to be? Dan Fernandes (Director, Community Development Department): The session will be June 13th through the 15th. Commissioner Teele: June 13th through the 15th. And we're desiring now to go ahead and move forward with those nominations. I think we should also note that each Commissioner will be asked to identify persons to be invited specifically as a guest of the City to the home ownership zone. Each of us have home ownership zones designated in the future, and what we're trying to do is identify community leaders that can be a part of this. And while this is a generic workshop, it's going to bring in people from the Urban Land Institute and the South Florida Regional Planning Council will be facilitating most of this. And the Model Cities Trust had their first board meeting, and unanimously approved this. And the goal, of course, was to make sure that all of the communities have access to all of the information. And I commend the Model Cities Trust, the two members, Linda Haskins and Shalley Jones, for including us. So, I would move the confirmation of the three -- of the remaining five members that have been identified. Commissioner Gonzalez: Second. Chairman Regalado: We have 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. 02-547 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE CITY MANAGER'S NOMINATION OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MODEL CITY HOME OWNERSHIP TRUST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 206 May 9, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 207 May 9, 2002 40. DIRECT MANAGER TO RESEARCH FEASIBILITY OF MODIFYING AND EXTENDING CURRENT CONTRACT OR INTER -LOCAL AGREEMENT WITH STATE OF FLORIDA FOR CONSTRUCTION OF HADLEY PARK FOR PURPOSE OF ISSUING SINGLE CHANGE ORDER FOR MODIFICATIONS TO HADLEY PARK AND CARIBBEAN MARKETPLACE WITH AVAILABLE DESIGNATED HOMELAND SECURITY BOND PROCEEDS. Commissioner Teele: Next would be the motion relating to the funds that have just been appropriated or approved for the bonding. And this is a motion to the Manager to research the feasibility of modifying and extending the current contract or interlocal government with the state of Florida for the construction of the Hadley Park purpose, for the issuance of a single change order for modifications to the Hadley Park and the Caribbean Marketplace with available designated Homeland Security Bond proceeds, including the elements as written in the memo before you, which essentially are things like upgrading the existing landscaping, upgrading the existing ball park restoration, rest room building, upgrading and painting the new lockers and offices in the Hadley Park pool facility, and further as specified, and specifically Number 7, to explore the feasibility of providing the black box theater at the Little Haiti Park, utilizing the Caribbean market facility or constructing a separate facility on an adjacent site. The Manager is instructed to research the feasibility of adding these elements to the existing agreement, obtain costs, including funding source and timelines for each element, and to report back to the Commission within 45 days with the appropriate agreements and legislation. I would so move. Chairman Regalado: It's a motion. And a second? Commissioner Gonzalez: Second. Commissioner Sanchez: It comes back in 45 days -- Chairman Regalado: Yes. Commissioner Sanchez: Cost certain, time certain (UNINTELLIGIBLE). Chairman Regalado: Yes. Vice Chairman Winton: And this is all out of the money that's already approved by -- Commissioner Teele: This is all out of the money that was approved today. Vice Chairman Winton: This is your allocation. Commissioner Sanchez: Couldn't wait to spend it. Commissioner Teele: Well, I mean, you know -- Vice Chairman Winton: We ain't got it yet. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: 208 May 9, 2002 MOTION NO. 02-548 A MOTION DIRECTING THE CITY MANAGER TO RESEARCH THE FEASIBILITY OF MODIFYING AND EXTENDING THE CURRENT CONTRACT OR INTER -LOCAL AGREEMENT WITH THE STATE OF FLORIDA FOR THE CONSTRUCTION OF HADLEY PARK FOR THE PURPOSE OF ISSUING A SINGLE CHANGE ORDER FOR MODIFICATIONS TO HADLEY PARK AND THE CARIBBEAN MARKETPLACE WITH AVAILABLE DESIGNATED HOMELAND SECURITY BOND PROCEEDS TO INCLUDE THE FOLLOWING ELEMENTS: 1. MODIFYING THE EXISTING SWIMMING POOL COMPLEX MEETING ROOM TO ACCOMMODATE OFFICE SPACE FOR ADMINISTRATIVE PERSONNEL; 2. UPGRADING THE MILLER DAWKINS POOL FACILITY TO INCLUDE PAINTING, NEW LOCKERS, OFFICES AND VARIOUS OTHER ELEMENTS TO ENHANCE THE PRESENT FACILITY (TRAILER TO REMAIN WHERE IT IS); 3. UPGRADING THE EXISTING BALLPARK RESTROOM BUILDING; 4. UPGRADING EXISTING LANDSCAPING AROUND NEW FACILITY TO INCLUDE TREES AND VARIOUS PLANTINGS, SOD, IRRIGATION, AND THE FORMALIZATION OF THE SERVICE ROADS WITH ASPHALT AND WITH THE PLACEMENT OF A VIDEO SURVEILLANCE SECURITY SYSTEM WITH FIBER OR "TWISTED PAIR" CONNECTING THE THREE BUILDINGS ON SITE; AND A MARQUEE THEATER -TYPE SIGN FOR THE NEW BUILDING; 5. CONSTRUCTING A VITA -TYPE EXERCISE COURSE AND JOGGING PATH THROUGHOUT THE PARK; 6. ACQUIRING SUITABLE ABUTTING PROPERTY TO CONSTRUCT A RECREATION OPERATIONS FACILITY AT THE WEST END OF THE PARK UTILIZING MODULAR CONSTRUCTION TO INCLUDE OFFICE SPACE FOR PARK PERSONNEL, ATHLETIC ASSOCIATION PERSONNEL, STORAGE FOR ATHLETIC EQUIPMENT, AND A CONCESSION STAND TO BE OPERATED BY NEIGHBORHOOD ATHLETIC ASSOCIATION; 7. EXPLORING THE FEASIBILITY OF PROVIDING A BLACK BOX THEATER AT THE LITTLE HAITI PARK SITE UTILIZING THE CARIBBEAN MARKETPLACE FACILITY OR CONSTRUCTING A SEPARATE FACILITY ON-SITE ADJACENT TO THE MARKETPLACE; FURTHER INSTRUCTING THE CITY MANAGER TO RESEARCH THE FEASIBILITY OF ADDING THESE ELEMENTS TO THE EXISTING AGREEMENT, TO OBTAIN COST ESTIMATES, TO INCLUDE FUNDING SOURCES, AND TIME LINES FOR EACH ELEMENT, AND PROVIDE SAID INFORMATION TO THE COMMISSION WITH A RECOMMENDATION FROM THE ADMINISTRATION WITHIN 45 DAYS, WITH APPROPRIATE AGREEMENTS AND LEGISLATION. 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. 209 May 9, 2002 ABSENT: None. 210 May 9, 2002 41. AUTHORIZE CITY TO ENTER INTO JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) DISTRICT 6 TO FACILITATE ACQUISITION, EMINENT DOMAIN, OR USE OF REAL PROPERTY. Vice Chairman Teele: And then the next one is a resolution of the Miami City Commission authorizing the City to enter into a Joint Participation Agreement (JPA) with the Department of Transportation District 6, to facilitate acquisition eminent domain of real property pursuant to City resolutions and ordinances designated. This gives the Manager and the Attorney an additional way to acquire land. This doesn't do anything but try to get them to get an agreement. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: There is 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. 02-549 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN A FORM ACCEPTABLE WITH THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 6, TO FACILITATE THE ACQUISITION OR USE OF REAL PROPERTY, BY EMINENT DOMAIN, PURSUANT TO CITY RESOLUTION 01-1199 AND ORDINANCE 12137. (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. 211 May 9, 2002 42. ACKNOWLEDGE INCREASE MOVEMENT OF ENTERTAINMENT AND MULTI -MEDIA COMPANIES FROM SOUTH BEACH TO OMNI AND SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREAS AND INSTRUCT MANAGER AND MIAMI POLICE DEPARTMENT TO PROPOSE FOR IMPLEMENTATION SPECIAL SECURITY PLAN WHICH WILL FOCUS ON CONTROLLING VEHICULAR AND PEDESTRIAN TRAFFIC, MONITOR HOMELESSNAGRANT MOVEMENTS AND MINIMIZE CRIME WITHIN REDEVELOPMENT AREAS, RELATING SOLELY TO UPCOMING MEMORIAL DAY WEEK. Commissioner Teele: The next one is contained in a memo from the Executive Director -- and I would hope the Executive Director would come out. Well, why don't I go to the next and ask the Executive Director of the CRA (Community Redevelopment Agency) if she could make herself available. The -- this is a resolution of the City, and the intent would be we can't authorize it here, but we can allow the Manager -- the Executive Director to do whatever she deems appropriate. A resolution of the City Commission acknowledging the increase of movement of entertainment and multimedia companies from South Beach to the Omni and Southeast Park West Redevelopment areas, and instructing -- requesting teh City Manager and Police to develop and prose a plan for implementation of a Special Security Plan, which will focus on controlling vehicles in pedestrian traffic, monitoring vagrants and minimizing crime relating specifically and solely to the Memorial Day week, upcoming Memorial Day week; and further requesting that the Executive Director meet with her board at the soonest available date, and take whatever actions to expend up to twenty-five thousand dollars ($25,000) of CRA available funds. I would so move. Vice Chairman Winton: Second. Commissioner Sanchez: Second, as amended. Chairman Regalado: Second, as amended. All in favor, say -- Vice Chairman Teele: I just want to say one thing: We're only asking the Manager and the Director to come up with a plan. We're asking the Director to take to her board, at the soonest available period, the authority to expend up to twenty-five thousand dollars ($25,000). So, we can't do that here, but I would assume that if she did it on her own, it would probably be ratified, by the way. 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. 02-550 A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING AND RECOGNIZING THE ENHANCEMENTS RESULTING FROM THE RELOCATION OF ENTERTAINMENT AND MULTI -MEDIA COMPANIES FROM SOUTH BEACH TO THE OMNI AND SOUTHEAST OVERTOWN PARKWEST COMMUNITY REDEVELOPMENT AREAS; DIRECTING THAT THE CITY MANAGER, ALONG WITH THE CITY OF MIAMI POLICE DEPARTMENT, FORMULATE A SPECIAL SECURITY PLAN FOCUSING ON CONTROLLING VEHICULAR AND PEDESTRIAN TRAFFIC, MONITORING MOVEMENTS OF THE HOMELESSNAGRANT AND MINIMIZING CRIME WITHIN THE 212 May 9, 2002 REDEVELOPMENT AREAS SPECIFICALLY DURING MEMORIAL DAY WEEKEND; FURTHER REQUESTING THAT THE EXECUTIVE DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") MEET WITH THE BOARD OF DIRECTORS OF THE CRA TO SEEK A COMMITMENT FROM THE BOARD TO EXPEND AN AMOUNT NOT TO EXCEED $25,000 FOR THIS PLAN. (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. Commissioner Teele: Ms. Lewis, did you want—has everybody seen the New Times? Ms. Lewis, do you have copies of it, or do you have the front page of it, or--? Annette Lewis (Executive Director, CRA): In my letters to the Board Members, I have attached — downloaded copies of the articles. Commissioner Teele: I think they refer to it last year as a what? Ms. Lewis: A fiasco. Commissioner Teele: A fiasco. What we don't want is this new club district that we're trying to get off the ground to have a horrible incident, because the police on South Beach are going to have a low—I wouldn't say a zero tolerance, but a very low tolerance. We don't want for them to run everybody over here that wants that wants to do different kinds of things, so we're just saying, you know, "Take it to the next city." Maybe Raul can tolerate some of it, Raul Martinez, Mayor. Vice Chairman Winton: Or Don. Commissioner Teele: That's sort of what we're trying to anticipate, and we again, have had excellent cooperation with the police and the intelligence in looking at some of these issues that we're dealing with. 213 May 9, 2002 43. (A) AUTHORIZE MANAGER TO EXPEND $1.1 OF $2.6 MILLION OF PARK FUNDS EARMARKED FOR HADLEY PARK, AND $300,000 OF $3.3 MILLION FOR LAND ACQUISITION FOR LAND ADJACENT TO HADLEY PARK AND $500,000 OF $5 MILLION ALLOCATED TO DISTRICT 5 QUALITY OF LIFE TO CARRY OUT PARK INFRASTRUCTURE, AND (B) MAKE AVAILABLE $3 MILLION OF $25 MILLION TO FIRST CLASS LITTLE HAITI PARK, AUTHORIZE $100,000 FROM SAFE NEIGHBORHOOD PARK BONDS FOR PLANNING PROCESS (C) MANAGER TO RESEARCH FEASIBILITY OF MODIFYING CONTRACT WITH STATE OF FLORIDA FOR CONSTRUCTION OF HADLEY PARK FOR PURPOSE OF ISSUING SINGLE CHANGE ORDER WITH AVAILABLE DESIGNATED HOMELAND SECURITY BONDS PROCEEDS. Commissioner Teele: The next one is a resolution of the Commission. And, basically, this is authorizing the City Manager to come back to the Commission with a plan to expend up to one point one of the two point six park funds that were earmarked for Hadley, pursuant to the resolution that we just approved today -- it doesn't have a number -- which allocated funds for the Neighborhood Park Improvement, and allocating up to three hundred thousand of the contingent funds for the land acquisition abutting Hadley Park, and allocating up to five hundred thousand of the five million dollars of the District 5 Quality of Life to carry out additional park infrastructure, including security, the theater marquee, picnic tables, and other necessary components, to make a total expenditure of up to one point nine to be available to the City Manager. And making available up to three million dollars of the twenty-five million dollars to the first- class Little Haiti Park, conditioned on a minimum of a 50 percent match from Dade County, for the cost of the theater component, which is estimated at three million dollars, including the open space parking, et cetera, and one point five of the three million dollars is for the development of the culture component or the land adjacent to it, to the Caribbean Marketplace, at a 50 percent match by the County, including land acquisition. And further specifically designating two hundred and fifty of the three fifty to be matched by Safe Neighborhoods Park Bonds monies, which have already been allocated under the bond issue; and further authorizing one hundred thousand of additional dollars from Safe Neighborhood Bond for planning -- for the planning process, for a total expenditure of up to three point three million, including a match by Miami -Dade County, estimated at one point five, specifically authorizing the south side of Northeast 59th Terrace for the purpose of parking; and further authorizing the City to submit a grant of not less than six point six million dollars, and requesting that the application shall be submitted and received in Tallahassee not later than Monday, July 29th; and further authorizing the Manager -- and this is an application to the Florida Forever Fund, and further authorizing the City Manager to pledge a match of a hundred percent of a grant request, up to six point six, from the available seventeen million; and further instructing the Manager to research the feasibility of modifying and extending the current interlocal agreement with the State of Florida for the construction of Hadley Park, for the purpose as already discussed, as it relates to the bond issues. And I would so move. Chairman Regalado: It's been moved. And -- Commissioner Sanchez: It's pretty late at night, and these are a lot of millions. Vice Chairman Winton: Second. Commissioner Gonzalez: A lot of numbers. Vice Chairman Winton: Second. And, so, here -- Commissioner Teele: Well, look, this is all just one project, but we're just trying to give the Manager the authority to move forward. We have the opportunity to move for a grant of about six million dollars, based upon a one hundred percent match. And you know, if you look at who got the money last year, it 214 May 9, 2002 didn't come to South Florida. It -- they distributed sixty-six million dollars, and with the exception of Broward County, that money is going everywhere else, and all we're saying here is "A," let's get our money from the County. The County has offered to build a black box theater. I'm not sure if the figure they've given is three -fifty or seven -fifty, but it's subject to them matching fifty percent, so we're not going to do anything if the County doesn't match 50 percent, and authorizing a grant of six point six million dollars for land acquisitions. So, we left off five million dollars today, and I don't see why anybody would be concerned about applying for a grant from the State of Florida. Vice Chairman Winton: I just simply want to -- because it is late. I was just going to suggest that we make -- that the Manager be instructed to just review this to make sure all this math is right, and that it's all clear and everything, so we don't have to go through it all and think about it. I don't -- you know, it's late. So, Mr. Manager, you'll do that, and just to make sure the math's right, and that it fits in terms of everything we've already authorized, because that's what his intent is. Commissioner Teele: That's the intent. Vice Chairman Winton: Commissioner Teele's intent is to simply take advantage of what we've already agreed to. And, so, I'm simply saying, make sure you go through the math and see that the intent that he's striving for here is accurate. Chairman Regalado: Do we need a motion for that or just a direction? Do you want it in a form of a motion? Commissioner Sanchez: It's coming back to us anyway. Commissioner Teele: No. It's already a motion. Vice Chairman Winton: Yeah. There's -- that is a motion, and that's just a separate direction to them. Chairman Regalado: OK. It's already a motion. OK. All -- Vice Chairman Winton: And one last -- Chairman Regalado: It's been -- Vice Chairman Winton: And one last question or comment. Commissioner Teele, in this -- on the planning part, there is money authorized here for planning. When you're talking about planning, are you talking about the real design, where you're determining where specific elements go, getting to the real -- to the more finalized planning of this park, or you're talking about some other planning? Commissioner Teele: We're talking about the planning of the design of the park, as well as the specific plan relating to the component of the park. The main component of the park is open space, soccer fields, et cetera. This park is designed primarily to be an open field park. This park does not have a lot of buildings on it. The one hundred thousand dollars -- and I want everybody to know this -- the one hundred thousand dollars that we're talking about here is in addition to the money that was earmarked today. The Working Group, the 50 Haitian and public people that live in that area, went to the Safe Neighborhood Bonds within the last four months and made a presentation, in mass numbers, and got them to give this hundred thousand dollars to the City. So, this is over and above everything else that's there. This is sort of -- they only gave out three hundred thousand dollars, and one hundred thousand dollars came to the City for the purpose of planning this park. 215 May 9, 2002 Vice Chairman Winton: Got it. So my point is this: In this resolution, it seems to me -- and maybe I read that wrong also, or in one of the other resolutions -- there's some directive here about placing buildings in specific locations or -- wasn't there a reference to placing the black box in a very specific location, the theater? Commissioner Teele: Yes. All four plans that the -- and the Planning Director have all agreed that the black box theater, if there's going to be one, will be in the Caribbean Marketplace or adjacent to it. Vice Chairman Winton: All right. Fine. So -- Commissioner Teele: And this -- we're responding to a County ordinance two years ago that pledged three hundred and fifty thousand dollars for the conversion of the Caribbean Marketplace as a black box theater. Vice Chairman Winton: OK. Good. I just wanted to make sure that we weren't doing something here that has the tail wagging the dog here. But it's already been thought out and, so, you've answered my question. Commissioner Teele: And the Working Group recommended that this be the absolute first thing -- Vice Chairman Winton: Got it. Commissioner Teele: -- that happens. The problem with this is, nobody's looking at why the Caribbean Marketplace failed. And that was because it didn't have parking. Vice Chairman Winton: What you and I have talked about at length. Commissioner Teele: Exactly. Vice Chairman Winton: So, it's got to have parking or it's going to fail again. Chairman Regalado: OK. We have 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. 02-551 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO FORMULATE AND PRESENT TO THE CITY COMMISSION A PLAN: (A) TO EXPEND UP TO $1.1 OF THE $2.6 MILLION OF PARK FUNDS EARMARKED FOR THE HADLEY PARK PURSUANT TO A PREVIOUSLY PASSED RESOLUTION WHICH ALLOCATED $3 MILLION DISTRICT 5 NEIGHBORHOOD PARK IMPROVEMENTS CATEGORY FUNDS LEAVING A BALANCE OF $1.5 MILLION, ALLOCATE UP TO $300,000 OF THE $3.3 MILLION CONTINGENCY FOR ACQUISITION OF LAND ADJACENT AND ABUTTING HADLEY PARK, AND ALLOCATE UP TO $500,000 OF THE $5 MILLION ALLOCATED TO DISTRICT 5 QUALITY OF LIFE FOR ADDITIONAL PARK INFRASTRUCTURE INCLUDING SECURITY, 216 May 9, 2002 THEATER MARQUEE, PICNIC TABLES AND OTHER NECESSARY COMPONENTS FOR A TOTAL EXPENDITURE OF UP TO $1.9 MILLION OF FUNDS TO BE AVAILABLE TO THE CITY MANAGER; (B) TO MAKE AVAILABLE UP TO $3 MILLION OF THE $25 MILLION TO THE FIRST CLASS FULL SERVICE LITTLE HAITI PARK CONDITIONED ON A MINIMUM MATCH OF 50% FROM MIAMI-DADE COUNTY FOR THE COST OF THE BLACK BOX AND THEATER COMPONENT WHICH IS ESTIMATED AT $3 MILLION INCLUDING OPEN AND PUBLIC SPACE, PARKING AND OTHER SUCH AMENITIES; AND (C) TO ALLOCATE $1.5 MILLION OF THE $3 MILLION FOR DEVELOPMENT OF THE CULTURAL COMPONENT, OR THE LAND ADJACENT TO THE CARIBBEAN MARKETPLACE, WITH A 50% OR GREATER MATCH BY MIAMI-DADE COUNTY INCLUDING LAND ACQUISITION ESTIMATED AT $3 MILLION, AND SPECIFICALLY DESIGNATE $250,000 OF THE $3 MILLION USED FOR LAND ACQUISITION TO BE MATCHED BY SAFE NEIGHBORHOOD PARK BONDS FOR THE PLANNING PROCESS FOR A TOTAL EXPENDITURE OF $3.35 MILLION INCLUDING A MATCH BY MIAMI-DADE COUNTY ESTIMATED AT $1.5 MILLION SPECIFICALLY AUTHORIZED FOR PARKING ON THE SOUTH SIDE OF NORTH EAST 59' TERRACE; AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR AN AMOUNT OF NOT LESS THAN $6.6 MILLION WHICH SHALL BE SUBMITTED AND RECEIVED IN TALLAHASSEE BY FLORIDA FOREVER FUND NOT LATER THAN MONDAY, JULY 29, 2002, AND TO PLEDGE A MATCH OF 100% OF THE GRANT REQUEST OF $6.6 MILLION FROM THE AVAILABLE $17 MILLION IN FUNDS; DIRECTING THE CITY MANAGER TO RESEARCH THE FEASIBILITY OF MODIFYING AND EXTENDING THE CURRENT CONTRACT OR INTER -LOCAL AGREEMENT WITH THE STATE OF FLORIDA, FOR THE CONSTRUCTION OF HADLEY PARK, TO PERMIT ISSUING A SINGLE CHANGE ORDER WITH AVAILABLE DESIGNATED HOMELAND SECURITY BOND PROCEEDS; AND FURTHER DIRECTING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION WITH A RECOMMENDATION AND APPROPRIATE LEGISLATION AND TO EXECUTE REQUIRED AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITHIN 30 DAYS TO ADDRESS ALL ISSUES COVERED BY THIS RESOLUTION. (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 Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. 217 May 9, 2002 44. AUTHORIZE CODESIGNATION OF N.W. 14 STREET FROM N.W. 7 AVENUE TO N.W. 3 AVENUE AS "TORNADO WAY" FUNDED FROM DISTRICT 5 OFFICE BUDGET. Commissioner Teele: I won't take up the other bond issue because it's late, but I would a resolution of the City authorizing -- we've done the authorization of the Codesignation -- authorizing the implementation -- Commissioner Sanchez: So moved. Vice Chairman Teele: -- of the setting of the designation of 14`" Street, between 7`h Avenue and 3`d Avenue as Tornado Way. Commissioner Gonzalez: Second. Vice Chairman Teele: And to be funded from District 5 funds. And requesting that the County do this on an emergency or expedited basis before these kids graduate from school. Vice Chairman Winton: Second. Vice Chairman Teele: The County Public Works Department builds the signs, apparently. That's what our Public Works Director do. And it's already gone through the Street Designation Committee. It's already done everything. And we're waiting on the signs that apparently just didn't happen. Chairman Regalado: We have a motion and a second. Alejandro Vilarello (City Attorney): It's already gone through the Codesignation? Commissioner Sanchez: Call the question. Vice Chairman Teele: A year ago. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-552 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 14TH STREET FROM NORTHWEST 31tD TO 7' AVENUES, MIAMI, FLORIDA, AS "TORNADO WAY"; FURTHER DIRECTING THE CITY CLERK 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 Gonzalez, the resolution was passed and adopted by the following vote: 218 May 9, 2002 AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 219 May 9, 2002 45. ACCEPT LIST OF PROJECTS TO BE FUNDED FROM FIRST SERIES OF LIMITED AD VALOREM TAX REVENUE BONDS. Commissioner Sanchez: Motion to adjourn. Commissioner Gonzalez: No. My pocket items. Chairman Regalado: We have two resolutions from the Manager regarding the bond question that we did earlier. Carlos Gimenez (City Manager): And I also have one more pocket item. Alejandro Vilarello (City Clerk): Mr. Chairman, when you earlier approved the bond issue, your discussion on the allocation of funds, you did that in a motion, so this would be the resolution. And the attachment is -- should be revised as you all discussed earlier, so that's the resolution of the city commission, with attachments, accepting the list of projects to be funded from the first series of limited ad valorem tax revenue bonds, as attached and incorporation. Chairman Regalado: OK. Do we have a motion? Commissioner Sanchez: So moved. Commissioner Teele: Second. Commissioner Gonzdlez: Second. Chairman Regalado: And we have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-553 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE LIST OF PROJECTS TO BE FUNDED FROM THE FIRST SERIES OF THE LIMITED AD VALOREM TAX REVENUE BONDS, AS ATTACHED AND INCORPORATED. (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 220 May 9, 2002 Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 221 May 9, 2002 46. AUTHORIZE MANAGER TO TRANSFER FUNDS AT TIME OF EXPENDITURE FROM UNALLOCATED FUND BALANCE, $11.8 MILLION FOR INFRASTRUCTURE IMPROVEMENT PROJECTS: $10 MILLION FOR PROJECTS APPROVED FOR DISTRICT ONE AND $1.8 MILLION FOR PROJECTS APPROVED FOR DISTRICT FIVE; AUTHORIZE APPLICATION OF PROCEEDS FROM SANITARY SEWER BOND FUNDS, $750,000, FOR SANITARY SEWER PROJECT ON VIRGINIA KEY. Chairman Regalado: The other resolution, Mr. City Attorney, is authorizing the City Manager to transfer funds at the time of expenditure from the unallocated funds balance. Do we have a motion? Commissioner Teele: So moved. Commissioner Gonzalez: Moved --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 Teele, who moved its adoption: RESOLUTION NO. 02-554 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS AT THE TIME OF EXPENDITURE FROM THE UNALLOCATED FUND BALANCE, IN THE AMOUNT OF $11.8 MILLION FOR INFRASTRUCTURE IMPROVEMENT PROJECTS, AS FOLLOWS: $10 MILLION FOR PROJECTS APPROVED FOR DISTRICT ONE AND $1.8 MILLION FOR PROJECTS APPROVED FOR DISTRICT FIVE; FURTHER AUTHORIZING THE APPLICATION OF PROCEEDS FROM THE SANITARY SEWER BOND FUNDS, IN AN AMOUNT UP TO $750,000, FOR A SANITARY SEWER PROJECT ON VIRGINIA KEY. (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. 222 May 9, 2002 47. EMERGENCY ORDINANCE: AMEND SECTIONS 2-812, 2-815 AND 2-822 OF CITY CODE, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT" TO REMOVE REQUIREMENT THAT CODE ENFORCEMENT HEARING OFFICERS BE RESIDENTS OF CITY AND TO PROVIDE THAT CITY ATTORNEY MAY DESIGNATE REPRESENTATION AT CODE ENFORCEMENT PROCEEDINGS. Chairman Regalado: Mr. Manager, you have a pocket item? Carlos Gimenez (City Manager): Yes, sir. It's an emergency ordinance that basically would allow us to use Code Enforcement Hearing Officers that do not reside in the City of Miami. In that way, we can expedite the process -- Vice Chairman Winton: So moved. Mr. Giminez: -- for the -- Commissioner Gonzalez: Second. Commissioner Teele: So moved and second. Chairman Regalado: That's for the billboard? Mr. Gimenez: Yes, sir. Commissioner Teele: Read the ordinance. Chairman Regalado: Read the ordinance. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT" TO REMOVE THE REQUIREMENT THAT CODE ENFORCEMENT HEARING OFFICERS BE RESIDENTS OF THE CITY AND TO PROVIDE THAT THE CITY ATTORNEY MAY DESIGNATE REPRESENTATION AT CODE ENFORCEMENT PROCEEDINGS; MORE PARTICULARLY BY AMENDING SECTIONS 2-812, 2-815 AND 2-822 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. 223 May 9, 2002 NAYS: None ABSENT: None. Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Gonzalez, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12230 224 May 9, 2002 48. CODESIGNATE N.W. 20 STREET FROM N.W. 27 AVENUE TO 22 PLACE AS ORLANDO URRA BOULEVARD OF THE AMERICAS. Chairman Regalado: Motion to adjourn. Commissioner Gonzalez: No. Commissioner Teele: Mr. Chairman. Commissioner Gonzalez: Pocket items. Commissioner Teele: Mr. Chairman. Chairman Regalado: Still? OK. Let's go. You found it? Commissioner Gonzalez: Mr. Teele, you want me -- Commissioner Teele: No, go ahead. Commissioner Gonzalez: OK. A resolution of the City of Miami Commission codesignating Northwest 20th Street from Northwest 27th Avenue to Northwest 22nd Place, Miami, Florida, as Orlando Urra Boulevard of the Americas. Commissioner Sanchez: So moved. Commissioner Gonzalez: Further directing the City Manager to instruct the Director of Public Works to transmit a copy of this resolution to the offices designated herein. Chairman Regalado: OK. Commissioner Gonzalez: So moved. Chairman Regalado: There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-555 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 20TH STREET FROM NORTHWEST 27TH AVENUE TO NORTHWEST 22ND PLACE, MIAMI, FLORIDA, AS "ORLANDO URRA BOULEVARD OF THE AMERICAS"; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICES DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 225 May 9, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Remember, there is a Codesignation Committee meeting on May 29`x'. You need to provide all the documents. Vice Chairman Winton: Before we're all done, are we going to have any streets that don't have somebody's name attached to them? Commissioner Gonzalez: So, we have plenty. Chairman Regalado: Between us and the State of Florida -- I mean, the State Legislature is really active naming state roads. 226 May 9, 2002 49. CODESIGNATE N.W. 19 AVENUE FROM N.W. NORTH RIVER DRIVE TO N.W. 18'x' STREET AS HECTOR RODRIGUEZ AVENUE. Commissioner Gonzalez: OK. A resolution to codesignate Northwest 19`h Avenue from Northwest North River Drive to Northwest 18`" Street, Miami, Florida, as "Hector Rodriguez Avenue"; further directing the City Manager to instruct the Director of Public Works to transmit a copy of this resolution to herein designated offices. Commissioner Sanchez: So moved. Vice Chairman Winton: Are these -- Chairman Regalado: Second. Vice Chairman Winton: Are these people alive? Commissioner Gonzalez: We already did this? No. They're both -- Chairman Regalado: No, they're both dead. But we already did that, and this were -- Commissioner Gonzalez: We did this three weeks ago. Chairman Regalado: -- approved by the Street Codesignation. Vice Chairman Winton: Oh, OK. Got it. Chairman Regalado: We just are finalizing -- Commissioner Gonzalez: Business as usual. Vice Chairman Winton: I thought these were more. Commissioner Gonzalez: These all go back. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-556 A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING N.W. 19 AVENUE FROM NORTHWEST NORTH RIVER DRIVE TO NORTHWEST 18TH STREET, MIAMI, FLORIDA, AS "HECTOR RODRIGUEZ AVENUE"; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICES DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 227 May 9, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 228 May 9, 2002 50. DIRECT MANAGER TO STUDY FEASIBILITY OF DEVELOPING CITY MINI DUMP AT DEPARTMENT OF SOLID WASTE, DETERMINE HOW MUCH IT WILL COST AND BRING BACK RECOMMENDATION. Commissioner Gonzalez: OK. Study the feasibility of development a City mini dump at the Department of Solid Waste, and determine how much it will cost and report back to the Commission. Commissioner Teele: What is that -- second the motion. What did you say, though? Commissioner Gonzalez: Mini dump -- Vice Chairman Winton: So that -- Commissioner Gonzalez: -- at the Solid Waste site, to be used by all City residents. Vice Chairman Winton: We don't have any mini dumps in this City anywhere. Commissioner Gonzalez: We don't. Vice Chairman Winton: So, that's one of the reasons -- that's part of the argument that many people make, why people illegally dump. Because they don't have any place to take stuff, like you do -- Commissioner Gonzalez: The idea is, when it comes back to the Commission, if the Commission so approves it, that the residents of the City of Miami will have a site where to dump, and they will have to show an ID (identification). If they're a City resident, they won't pay a fee. Vice Chairman Winton: What kind of ID? What kind of ID? Commissioner Sanchez: Make sure Commissioner Regalado has his ID. Vice Chairman Winton: A passport. Chairman Regalado: No. Commissioner Sanchez: They won't let you come. Carlos Gimenez (City Manager): We will accept a passport. Chairman Regalado: No. Commissioner Gonzalez: So moved. Chairman Regalado: Not a passport, not a Commissioner's badge. Commissioner Gonzalez: It was moved and it was second. We need to vote. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." 229 May 9, 2002 The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzdlez, who moved its adoption: MOTION NO. 02-557 A MOTION DIRECTING THE CITY MANAGER TO STUDY FEASIBILITY OF DEVELOPING A CITY MINI DUMP AT THE DEPARTMENT OF SOLID WASTE, DETERMINE HOW MUCH IT WILL COST AND BRING BACK A RECOMMENDATION. 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. 230 May 9, 2002 51. APPOINT JULIO S. DIAZ AND ROBIN BOSCO AS MEMBERS OF URBAN DEVELOPMENT REVIEW BOARD. Commissioner Gonzalez: OK. My other pocket item is appointments to the Urban Development Review Board. I would like to appoint Julio S. Diaz and Robin Bosco. Chairman Regalado: OK. There is a motion. Commissioner Teele: Second. Commissioner Gonzalez: So moved. Chairman Regalado: And a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: 13116161*81WO ►Klexly�ISM A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows the body of the resolution, omitted herein 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. 231 May 9, 2002 52. APPOINT FELICE DUBIN AS MEMBERS OF ARTS AND ENTERTAINMENT COUNCIL. Commissioner Gonzalez: And the -- Chairman Regalado: All the appointments -- Commissioner Gonzalez, we're going to do all the appointments next meeting, if you want to? Commissioner Gonzalez: But we were asked to make these appointments. They've been asking me to make these appointments, and finally -- Chairman Regalado: But -- Commissioner Gonzalez: Well, let's do them and get them all over with. Chairman Regalado: Yeah, but we haven't done any appointments today. If -- I mean, you'd be the only one. Commissioner Gonzalez: All right. Chairman Regalado: You'd be the only one. So, if you want to leave it -- Commissioner Gonzalez: I've got one pending, so we can leave it for next meeting. Chairman Regalado: Go ahead. Go ahead. Commissioner Gonzalez: Whatever you want to do. Chairman Regalado: Go ahead, do it. Commissioner Gonzdlez: All right. Another pocket item, Arts and Entertainment Board. My appointment -- I proffer the name of Felice Dubin. Commissioner Teele: Second the motion. Commissioner Gonzalez: Thank you. 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. 02-559 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 232 May 9, 2002 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. 233 May 9, 2002 53. INSTRUCT MANAGER, SPECIFICALLY DEPARTMENT OF PLANNING AND ZONING, TO PROVIDE WRITTEN REPORT TO COMMISSION REGARDING MIAMI MULTI -MEDIA PROJECT AND REQUEST REPORT ON BEST WAY TO ENSURE CONTROL OVER DESIGN COMPONENTS AND CODE COMPLIANCE. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: One quick item that's very important, is a resolution requesting the Manager to specific -- and it's specifically including the Planning and Zoning Department -- to provide a written report to the City Commission and to the CRA (Community Redevelopment Agency), at the next Commission, regarding the Miami Multi -Media Project, and specifically requesting a report as to the best way to ensure control over the design components and Code compliance, and further that staff provide the City Commission with maps of the restricted area of the new ordinance. I would so move. Chairman Regalado: It's been moved and second. All -- Vice Chairman Winton: What -- Commissioner Teele: I just want to amend it to one thing, to include asking the City Attorney to insure that there is a legal component to a report, Mr. Attorney, on how we can ensure that those persons that have not complied with City Code are not able to participate in this activity. Vice Chairman Winton: What are you doing here? I'm -- you've got something going. Commissioner Teele: We approved, a month ago, a special advertising -- outdoor advertising component called the Miami Multi -Media Project, and the real issue is how do we ensure design control. There is a lot of debate back and forth, and I don't want the CRA staff interfering with the Planning staff on this issue. Vice Chairman Winton: I thought you said multi -modal. So, I was thinking about something completely Commissioner Teele: Multi -media. But I want the report to come from the Planning staff as to the best way to do this. Chairman Regalado: OK. Commissioner Teele: Call the question. Chairman Regalado: 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. 02-560 234 May 9, 2002 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PLANNING AND ZONING TO SUBMIT A WRITTEN REPORT AT THE NEXT COMMISSION MEETING AS TO THE MOST EFFICIENT MEANS TO ENSURE CONTROL OVER DESIGN COMPONENTS AND CODE COMPLIANCE WITH A MAP DEPICTING THE AFFECTED AREAS RELATED TO THE MIAMI MULTI -MEDIA 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Motion to adjourn by Commissioner Gonzalez, seconded by Commissioner Sanchez, all in favor say, "Aye." Good night. The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 02-561 A MOTION TO ADJOURN TODAY'S COMMISSION MEETING. 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. 235 May 9, 2002 There being no further business to come before the City Commission, the meeting adjourned at 12:02 a.m. on May 10, 2002. A=T.- Priscilla TTEST: Priscilla A. Thompson City Clerk Sylvia Scheider Assistant City Clerk Of f f �' ff r iaooar 'aarn[e � 1 MANUEL DIAZ MAYOR 236 May 9, 2002