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HomeMy WebLinkAboutCC 2002-05-23 MinutesCITY COMMISSION OF MIAMI, FLORIDA On the 23rd 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 9:22 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) (in at 9:23 a.m.) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Mayor Manuel A. Diaz, City of Miami Carlos Gimenez, City Manager, City of Miami Alejandro Vilarello, City Attorney, City of Miami Priscilla A. Thompson, City Clerk, City of Miami Sylvia Scheider, Assistant City Clerk, City of Miami An invocation was delivered by Commissioner Teele, followed by Commissioner Gonzalez leading those present in a pledge of allegiance to the flag. 1 May 23, 2002 1. PRESENTATIONS AND PROCLAMATIONS 1. PROCLAMATION TO AMBASSADOR LUIS MARIA RICCHERI, ARGENTINE CONSUL GENERAL, IN RECOGNITION OF ARGENTINE WINES IN MIAMI. 2. SALUTE TO WILLARD DELANCY, FOR EFFORTS TOWARD EQUAL OPPORTUNITY FOR ALL. 3. SALUTE TO JOSE "PEPE" DIAZ, 2002 COLLEGE STUDENT OF THE YEAR, UNDERGRADUATE ENGLISH MAJOR AT UNIVERSITY OF MIAMI. 4. SALUTE TO CURTES MITCHELL FOR HIS SERIOUS COMMITMENT TO BEAUTIFY OUR CITY AND CEMETERY, EAGLE SCOUT PROJECT, ROLE MODEL AND OUTSTANDING CITIZEN. 5. COMMENDATION TO GSA EMPLOYEES FOR THEIR EXEMPLARY WORK: DAVID CHANG AND CONRAD SALAZAR. 6. RECOGNIZE EMERGENCY MEDICAL SERVICES, CHIEF SHORTY BRYSON RECOGNIZED AWARD WINNERS: DANIEL G. ALFONSO, KIMBERLY A. McCUSKER-REUSS, GIANNI MORRA, CARL E. STRIDFELDT III, MICHAEL R. PETERS, ERIK S. PACE, CHRISTIAN F. GUZMAN, YAMILEE C. DIAZ, LUIS E. CARRASQUILLO AND CHARLES CUNNINGHAM. 7. NATIONAL RECOGNITION TO FIREFIGHTERS WHO EXCELLED DURING A FIRE: ALLEN JONES AND PAUL COLUMNA WHO LOCATED VICTIMS IN SMOKE FILLED ROOM ON THIRD FLOOR, DUE TO THEIR EFFORTS, LIVES SAVED, AND EACH AWARDED HERO MEDALS. 8. SALUTE TO LA SALLE HIGH SCHOOL STUDENTS AND TEACHERS FOR SERIOUS COMMITMENT TO BEAUTIFY CITY IN BAYSHORE DRIVE PROJECT, RECREATING COLORS OF FLAMINGO PINK ALONG BAY SHORE DRIVE WALL FROM VIZCAYA TO MERCY HOSPITAL. 9. CERTIFICATE OF MERIT TO HAYDEE REGUEYRA, WHO COORDINATED BAYSHORE WALK PROJECT, HISTORIC CORRIDOR, TO PAINT WALL ALONG CORRIDOR. 10. COMMEND ROBIN DIAZ, FIRST LADY OF CITY OF MIAMI, WHO QUIETLY RAISED MONEY FOR MIGUEL ARGUELLES RECOGNIZED BY PRESIDENT BUSH, VALEDICTORIAN TO GO TO HARVARD. Chairman Regalado: Mr. Vice Chair, could you chair just for a second? I have a resolution to introduce. You all remember the President's speech last Monday at the Knight Center in the City of Miami, and one of the persons that he recognized was Miguel Arguelles. Miguel Arguelles is a young Cuban -American that came from Cuba in 1995, speaking no English, and yet he, next week, will be graduating as a valedictorian of his high school and he has been accepted into Harvard with a 4.9 grade. So -- but to be accepted into Harvard is an honor, however, he has a double honor, half of a scholarship, 2 May 23, 2002 but he needs the other half to go on with his studies, and long before President Bush made that young man a national figure, there was a lady in the City of Miami that quietly started raising funds so this young Cuban -American could go to Harvard because her family is a worker family, is a very humble family, and they -- their dream is for their son to go to Harvard but they don't have the economic means, so this lady went door-to-door, friends, business people and has raised several thousand dollars for Miguel to go to Harvard. So, my resolution is to commend and honor that person, a City of Miami resident who happens to be the first lady of the City of Miami, Robin Diaz, and, Mr. Mayor, I want the people of Miami -- I know she doesn't like this -- but I want the people of Miami to know that Robin quietly has raised the money needed for Miguel to go to Harvard, so that would be my resolution, commending -- Commissioner Teele: Second the motion. Chairman Regalado: Second. Vice Chairman Winton: We have a motion and a second. Do we have any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The following resolution was introduced by Chairman Regalado, who moved for its adoption: RESOLUTION NO. 02-152 A RESOLUTION OF THE MIAMI CITY COMMISSION COMMENDING MRS. ROBIN DIAZ, FIRST LADY OF THE CITY OF MIAMI, FOR HER TENACITY AND DRIVE WHICH WAS INSTRUMENTAL IN RAISING FUNDS TO ENABLE MIGUEL ARGUELLES, A YOUNG CUBAN -AMERICAN RECOGNIZED BY PRESIDENT GEORGE W. BUSH FOR SCHOLASTIC ACHIEVEMENTS, TO ATTEND HARVARD UNIVERSITY. (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 3 May 23, 2002 Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Winton: Congratulations to Robin. Chairman Regalado: Thank you very much and, Robin, thank you. [APPLAUSE] OK. So we have several announcements, time-certains. We have the Roots & Culture Festival discussion 3 o'clock. Immediately after that, we have the Greater Miami Conventions and Visitors Bureau discussion items immediately after 3 o'clock. We have a 2:30 -- members of the Commission are invited to go and see the Showmobile at the Bayfront Trust, with the rafts as one of the last events of the centennial. That will be 2:30. (INAUDIBLE) availability and the press invited- members of the Commission are invited. We have also -- well, I guess, that's -- we have the workforce time -certain, and 11:15 time -certain, we have the bond agreement, so, 3 o'clock, the Roots & Culture Festival and after that, there will be a few minutes after, we'll take the Greater Miami Conventions and Visitors Bureau, two items, Items 9 and 10. That would be the time - certain items that we have. There's -- there are no vetoes from the Mayor. 2. (a) CONSENT AGENDA (b) BRIEF COMMENTS BY VICE CHAIRMAN WINTON ON BETTER PRESENTATION OF INFORMATION ON AGENDA BACKUP; RECOMMENDED TO ADMINISTRATION TO SUBSTITUTE WORD `BACKGROUND" FOR WORD "JUSTIFICATION" ON SUBHEADINGS IN BACKUP MEMORANDA REGARDING AGENDA ITEMS. TABLE: PROPOSED LEASE AGREEMENT WITH LUCKY CAPITAL, INC. FOR LEASING OF 1,700 SQUARE FEET OF OFFICE SPACE AT 3550 BISCAYNE BOULEVARD. (See #15). DEFER: PROPOSED PROFESSIONAL SERVICES AGREEMENT WITH DAVID PLUMMER & ASSOCIATES, INC. TO CONDUCT PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY ENTITLED "DUPONT PLAZA PROJECT- METROMOVER REALIGNMENT IN DOWNTOWN MIAMI". Chairman Regalado: We have the consent agenda. Anybody wants to pull? Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Remind me again of the procedure. There's a -- CA -3, I want to ask some questions about, which is an office lease. So, should we -- Chairman Regalado: OK. What we're going to do, Mr. Vice Chair, we're going to pull CA -3 for -- 4 May 23, 2002 Vice Chairman Winton: And then we'll bring it back -- Chairman Regalado: --later. Vice Chairman Winton: -- this afternoon. Chairman Regalado: And then you bring it back -- Vice Chairman Winton: Fine. Chairman Regalado: -- whenever you want to bring it. So, Vice Chairman Winton has pulled CA -3. Vice Chairman Winton: To bring back this afternoon. Chairman Regalado: To bring back this afternoon. Vice Chairman Winton: And on CA -4, I would like to point out -- because, as you all know, I've tried to get staff to put good information, so that we can make informed decisions, in their summary. And if you look at the background information in CA -4, they're describing the reason why we should appropriate the $10,000 in funds here, whatever that amount was. And they're talking about "will serve and enhance the City's capacity, track attendance patterns in a manner that will improve efficiency. Enable individual departments to have access to their employee's training attendance, necessary to plan sufficient training budgets. And as training development function has grown, the manual method has become extremely inefficient. The Development Division has nearly doubled its class offerings, increasing the number of class offering by 48 percent." This is the kind of information where you look at it and you understand what they're doing and why they're doing, and you say, "Man, this was -- it's easy to vote yes." And since I've been highly critical of -- and pulled a lot of these every time, I thought that it might be important to point out one where I think the department's done an extremely good job. And in CA -6 -- Commissioner Teele: Commissioner Winton. Vice Chairman Winton: Yes, sir. Commissioner Teele: On CA -4, I want to join you in your comments about it. But I also want to commend the Manager, I assume, and the staff because the training effort is really improving. And I think, you know, more than anything else, in our agreement with the union, we talked about labor management relationships and really improving. I don't think there is a better investment we can make in the training investment in our workforce. And I totally agree with what Commissioner Winton is saying. It shows a totally different approach to our training and something's going on down in the department and Human Resources, and I commend you, Mr. Manager. 5 May 23, 2002 Carlos Gimenez (City Manager): Thank you. Vice Chairman Winton: Mr. Chairman, and then CA -6, which is more about training. I'm going to point out virtually just the opposite, and as I read through this and I thought back about all of the past -- in the section under background is where theoretically we would get a summary of the real justification for the expenditure, and maybe what this -- instead of it being titled "Background," maybe it needs to be titled "Justification" so that people understand what really needs to be in that paragraph. Because this particular -- in this particular instance, it uses kind of broad terms, which you have no real idea what's going on. And two key questions I had is, what does management training mean? I don't have any idea what management training means in this. And I have no idea who's going to receive this management training, so it might be good. It's got some nice buzzwords in here, but I can't tell anything about this request, and so, it seems to me that in order to help the department heads, we need to change that word "background," and put in the term "justification" so that it sits right in front of everybody really clearly that what we really want in this paragraph is the justification for spending the money. But I'm not moving to pull it. Chairman Regalado: OK. You wish to vote on that or -- you -- Vice Chairman Winton: Well, I wouldn't mind a -- Mr. Gimenez: Be happy to explain it to you. Vice Chairman Winton: -- quick description of what the management training is and who receives the management training so we understand. Mr. Gimenez: Yes, sir. Commissioner Teele: These items -- Vice Chairman Winton: So that the public understands. Commissioner Teele: These items are clearly prepared by two different departments. Both of them relate to training but the quality, the work is totally different. Vice Chairman Winton: That's correct. Chief Raul Martinez: Yes, Commissioner. Raul Martinez, Chief of Police. The scope of this training is going to be all civilian supervisors, all sergeants, all lieutenants. The scope of the training is going to be skill -- leadership skills, development effective management, (INAUDIBLE) communication skills, and managing conflict, problem - solving models, leadership management skills, evaluations, labor relations, and discipline. The management of skill developments. We have the area of decision- making process, identifying management theories, effective leadership techniques, 6 May 23, 2002 training initiatives, transition to sergeant, planning and staffing, ethics and professionalism, supervisor's responsibilities. I'm just giving you little anecdotes to help the sergeant and first line supervisor, and we have the whole slew of basically the same things on a higher level for the mid -management and lieutenants type training. Vice Chairman Winton: How many employees will be impacted by this training? Chief Martinez: We're targeting a hundred and sixty-five sworn supervisors and a hundred civilian supervisors for that training for the basic first line supervision. For the management, we're looking at 10 -- I'm sorry, 52 sworn lieutenants to go through this training and about 10 civilian supervisors to go to that training, and it's being funded out of the Law Enforcement Trust Fund. Vice Chairman Winton: Yeah, and listening to the description of the training, if all of those officers go through that training and it's good training, it should dramatically improve our Police Department because each of those things -- I mean, I heard a bunch of things there and they're all exactly the kinds of things we need to hone into. So I'm happy about this project. Chairman Regalado: Commissioner Teele, any items you want to pull? Commissioner Teele: Yes. Mr. Chairman, and -- unfortunately, the Sunshine law doesn't allow me to meet with or to talk with Commissioners and this is one of the opportunities. I have met with Commissioner Winton in the Sunshine, perhaps, more than I've met with any other Commissioner. And yet, this item has never come up, and this sort of goes into the Downtown Transportation Master Plan Study, CA -7. Let me -- I've done a memo that I'm circulating to the Commission because I don't want to be misinterpreted, but, Johnny, in two words or in two concepts, these are my concerns. First, I commend you and Bruno, and I realize that you get into these -- you work hard and you get down to the end and then everybody's coming up with last minute problems or challenges and I certainly don't want to do that, but I do want to appeal to you, as the Chairman of the DDA (Downtown Development Authority) and as the District Commissioner, to consider two things. First and foremost, this whole notion that we just are coming off of on Dover Kohl in front of the American Airlines Arena, which you, under the leadership that was done that started as a result of the Bicentennial Park with the Planning Department, what came out of that was something that none of us could have ever dreamed. I don't think you could have dreamed the results when you started it, and it shows what happens when you start something and go into it with your eyes wide open or totally closed and just let whatever evolves evolve. It seems to me that we're missing the broader picture here and that is this -- and I don't want to promote any firm and I certainly don't want to cast aspersions on any firm, but I do want to say something about the firm that's recommended. Dover Kohl, which did Biscayne Boulevard from 14th Street, if you will, or 13th Street, 395, down to about 6th Street, the area study, et cetera, has presented, I think, something that is almost revolutionary, certainly, by Miami standards, and there's a lot of discussion going on. There's a lot of talk. There's a lot of rethinking going on at the DOT (Department of Transportation), and you and I attended a 7 May 23, 2002 public workshop just the other day in which we were saying many of the same things. We don't want Biscayne Boulevard to be a speedway for people coming in and going out of the -- downtown or, particularly, the American Airlines Arena, and I don't think that, with all due respect to those fine folks at the arena, they get it yet. They still don't get it. That what we're more interested in is how we can integrate the sheet flow of people into the downtown area. Now, the same thing is true on the other end, and one of the greatest frustrations that I have had serving on the MPO (Metropolitan Planning Organization), going back to 1991, is the fact that the DDA, or the downtown forces that be and the City Commission have never gone back and try to undo this mess that we created when we built that ramp off of 95 at the Knight Center. In fact, the Knight Center value is substantially undermined, in my judgment, by the whole transportation mix there, and then we're got 390 -- we've got Biscayne Boulevard -- or I should say, Brickell coming into Biscayne from south to north. Now, I assumed that the study that we were really looking at was looking at the ramp way. (COMMENT OFF THE RECORD) Commissioner Teele: Yes. And my problem with this approach right now is that we need to take a more holistic approach. We're literally dealing with the very end of this, as opposed to going to the wellhead. The wellhead of this thing is Brickell coming north, off the bridge, over the Miami River, and 95 going east, coming by the Hyatt Hotel and the Knight Center, and my view is very, very clear, Johnny. If we don't get upstream and study the transportation methodology and the modes that are coming in that area, everything that we're doing down here around that curve is really the tail sort of wagging the dog, in my judgment. I had hoped that we were going to extend the study and come up with some better designs off of 95 and off of Brickell, and so my concern is, can we go back to the MPO process? Can we sit down with the DOT and do a comprehensive PD&E (Project Development & Environment)? That may do something totally radical, but if we lock in what is coming off of 95 right now, OK, and just study the end result of that, that curve going around, I think we've missed the whole opportunity, the whole point here, and so what I wanted to do was appeal to you that we could have a meeting with the DOT and with the DDA representatives and the MPO representatives and really study where the problem is. The problem, in my mind, the result of the problem is where we are now, that is, this area along Biscayne and right in front of the Intercontinental and all of that. The real challenge, Johnny, is to do something with the ramp coming off of 95. That's the real challenge, and we've got one opportunity, I think, to do that. If we lock in a study now on the end of this thing, as the road curves around going due north, you know, and we begin that process, we will have missed what I believe to be what's driving everything. The two sources of traffic that are driving everything in this study are not being studied, are not being addressed, and candidly, Johnny, I got to tell you this. I don't happen to believe that every piece of land ought to be built, developed. I mean, that's just sort of my view, and maybe I'm wrong and, you know, the Manager's raising his eyebrows, but I think there is some real opportunity on the Dupont Plaza - if you will - end to create some great open space. Perhaps, one of the areas that we ought to look at coming through off of 95 as a -- I don't want to use the word "tunnel" because that connotes something different, but there could be a way that this road comes in below 8 May 23, 2002 grade, and it's not a tunnel in the classic sense of a tunnel. There are a lot of things that we've just sort of assumed away, but what we've got with the Dupont -- what we've got with the Knight Center is we've got an asset that's upside down, that's 15 to 25 million upside down that the City owns that we're not even protecting in this study, and so, one of my concerns or the main concern that I have is, have we looked at the walls -- the fountainhead of the traffic before we start studying the middle of this thing. It just seems to me that the logical thing that could happen would be that the study that we started down there on -- you know, the study that we started down there between 395 and 6th Street, with a totally different approach, with a totally different objective sense of eyes could very well yield something totally different from what we're dealing with right now. And I just don't know if that has happened. I would like very much to be able to discuss it with you. I have grave reservations; I want you to know, though, about using a consultant that was a consultant for the Heat, OK. And I have -- I've served here only four years, but the recommended consultant has too much of a vested interest in too many projects downtown to be, in my judgment, an objective, and that is a high, high, high compliment to the consultant recommended that so many private sector entities want them, but I would certainly hope that we could get someone that has no clients in the group, and that's those with -- at least two of the consultants that were listed on that list. I know that Kimley (phonetic) has numerous clients because they tried to brief me on concerns that they've had in the past, so I would like to defer -- to pull the item and defer to the next meeting and allow us to have an opportunity to fully discuss it and to understand exactly how you'd like to go, but I really would like to hear, Johnny, if there - - if you would be willing to let someone come in and look at this with a -- that has no vested interest, sort of like that happened there between 395 and 5th Street, and see if there is a different approach that can be taken. Vice Chairman Winton: Well, I'm not sure that -- and ultimately, we need to get our consultants to the table because I'm not sure that we haven't -- that we aren't doing precisely that in our Downtown Comprehensive Master Transportation Plan. Because, as a part of that effort, we looked at every single study. You know, when this plan started, there were already - I don't know -- half a dozen or 10 projects already underway, so we had the task of trying to get our arms around all of those projects and do as good an analysis as we could as to whether or not those projects still made sense and how we weave those projects into the master plan or we modify those projects if there was a need to modify them. And that's all a part of this process right now. I don't have the answer to all those questions but that is a part of the process, so I think that your point about that group of intersections there from when you come around the curve at Biscayne Boulevard, come off the I-395 ramps and 2nd and 2"d, that is the heart of the mess between the bridge and the curve and I-95 and 2nd and 2"d. It is, as I well know because I -- my office is right there in the middle of that mess. And I get -- from the 13th floor I hear all the honking of the horns every single day when those intersections get jammed up. So what we do there is absolutely -- we get one shot. And you are 100 percent right. We get one shot to do this right, and the question about whether or not as we do this do the study to determine whether or not we convert those one-way streets to 2 -way to move traffic on 3rd Street and up the ramp and get up onto I-95, instead of all that traffic coming around the curve and stuck when the bridge goes up trying to get onto I-95. I 9 May 23, 2002 don't know enough. We'd have to ask our consultants, and your point about that 395 ramp coming down and what we do with the traffic going in the other direction, those two things absolutely have to be integrated. No question in my mind. You're a hundred percent right. We cannot do one of those and ignore the other one. Those two are absolutely interlinked and we have to make sure that whatever we're doing with those two elements, they're done in concert with each other, and I don't know what the status of those things are. I do know, however, that as a matter of policy, if you've asked to defer this, we defer it and it comes back, and we should have the meeting and let's bring the consultants to the table so that we understand what we have done, what we haven't done, whether or not we've missed something or not missed something. What I want to make sure that we don't do, however, is we've got state funding of $450,000 for this thing and I don't want to move this thing so far out that we have to go back to Tallahassee and re -get the money. Commissioner Teele: Johnny, as you're aware, I put the item through the MPO. Vice Chairman Winton: That's right. Commissioner Teele: I put it on the state list. It is a state expedited program. Bruno originally had moved it and he was not even there on the day that the thing went through. But I am -- it's no need to beat the horse to death. But the one thing, Johnny, that I do want to bring to mind is our tremendous investment in the Knight Center. Now, we're a stakeholder. We, the City, are as much a stakeholder as anybody else down there. That pedestrian access from your building to the Knight Center is literally asking somebody to take their life in their hands to try to cross any of that stuff down there, crossing where 95 traffic comes off, and a big part of how the Knight Center will never reach its potential is the fact that we have worked against our own facilities in the accessibility of those facilities to make it work, and I think, you know, we really ought to look at this as a property owner in this as well, and I really would commend or urge you to think about the pedestrian access a part of the problem that we have from all of these engineers, and you made the point in the last meeting, is that everybody's worried about cars. If you go back and you pull the transcript of my discussion -- because when I got elected, the American Airlines Arena was right up on the agenda. My strong criticism of the consultant that is being recommended about this thing is that they gave no consideration, zero, to pedestrians. We need to bring in consultants that give a damn about pedestrian traffic as much about automobile traffic, and, Johnny, I'm going to tell you, that has not been a conscious effort in this town for the last 30 or 40 years. We have got to pay more attention to making our downtown less of a speedway, in which everything is measured on how fast -- go back and get the record of the American Airlines presentation to this Commission. There was no consideration given to pedestrians. Vice Chairman Winton: Well -- Commissioner Teele: And we've got to -- we, as the stakeholder, must pay a lot more attention to pedestrian traffic. That's how we're going to get a livable community with people living downtown. 10 May 23, 2002 Vice Chairman Winton: I don't disagree with that comment at all. In fact, when staff -- because we don't make recommendations on hiring consultants. Staff does, and when staff made the recommendation to hire Richard Plummer's company to do the Downtown Comprehensive Master Transportation Plan, I met with staff and at the -- after the consultant had been chosen, met with the consultant and laid out the new ground rules, and said, "You know, I'm skeptical here because of all the things you've said," and we had a very, very open and frank discussion, and frankly, I think they've done -- we haven't seen the end product yet, but I think they've done a heck of a job because they did listen, and I think that -- I think part of the problem with the consultants comes from us. We need to make sure we -- I think they know how to do it. I'll rephrase that. I know now they know how to do it. We've got to give them the right direction, and so, I don't care who the consultant is. In fact, I know that the client downtown Shorenstein's (phonetic) property hired Santiago Echemendia, who's been battling this thing from day one, and I know that he has raised and they have raised this issue over this particular consultant, and, frankly, I told staff that I want the right consultant that can get this job done, but I'll be damned if I'm going to get in the middle of a choice about the consultant, and I still have chosen not to get in the middle of it, and I'm trusting, as we have with all our contracts, that they're going to do the right job, and if they do the wrong job, it's their head that gets whacked, so -- Commissioner Teele: Commissioner, I want to put on the record I have not met with Mr. Echemendia. I think it would be inappropriate to meet with him, from my point of view, but I reserve the right, as someone that has seen consultants come up here, I think we -- you don't want to put us in the position of being a rubber stamp. Because when we see the presentations that come up here day after day, month after month in the Zoning and Planning process, we form an opinion about consultants. We do, and I think it's disingenuous to suggest that we should not have an opinion based upon what we observe and what we see, and what I'm suggesting to you, Johnny, is simply this: You are 100 percent right when you say we've got to put the right message out there, and what I'm trying to do is put a very strong message out there to consultants, to staff, and to building owners that if we're going to be serious about having a livable downtown, it cannot be based upon the kinds of analysis that have been used before, and that is, how fast and how quick can you get in and out of this building; how fast and how quick can you get in and out of the arena and all of the other buildings that consultants have studied. We need to talk about other aspects, particularly the integration of pedestrian traffic as a part of what it is we're trying to do, and so, I just -- Vice Chairman Winton: I agree. Commissioner Teele: -- want to put that on the record. Vice Chairman Winton: I agree. Chairman Regalado: OK. 11 May 23, 2002 Commissioner Sanchez: I have a question just --Vice Chairman, does this jeopardize the funding if we delay this process? The funding we're getting from the state. Well, I want to hear it from the administration. I mean, this has been going on for a long time. Clark Turner: Commissioner -- Clark Turner, for the record, Planning & Zoning Department. The conditions of the funding for this are not explicit in terms of whether they expire at a certain time. The way the top program, which is the Transportation Outreach Program, was structured is that funds were allocated on a fiscal year basis for those projects and studies that were authorized under the funding program. What was authorized here was for this fiscal, the state fiscal year ending June 30th, $480,000 was allocated for the PD&E study. A subsequent allocation of a million dollars was made for the second fiscal year to do the design of whatever the PD&E came up with. Commissioner Sanchez: So what happens if we don't use the money? Mr. Turner: If we don't use them by June 30th, the question would be raised by the state: Do you people mean to do anything with these funds? I would guess that would be their question. The answer, if we give it, is: Yes, we mean to. And they would want to know how we're going to demonstrate that we do. I believe that's the best -case scenario. The worst case scenario is that now that the top program has been moved over under a different name to the Florida Department of Transportation, they might simply say, "You guys didn't use it. I'm sorry. We have other pressing needs for that money and we're going to reallocate it." So, I believe -- Vice Chairman Winton: But that's not likely to happen before -- when did you say -- next meeting, right, Commissioner Teele? Commissioner Teele: Next meeting, and I think it's an absolute misstatement, and I will produce a letter within 48 hours from the district secretary that says that this statement is a total mischaracterization of how the DOT would respond to our efforts and discussions here today. That is absolutely not the way Jose Abreu and this district secretary functions, and the statements that you're making are totally miscategorizing the DOT position, sir. Mr. Turner: I will -- Commissioner Teele: Totally. And I'll get you a letter to that effect before -- within 48 hours. Mr. Turner: Commissioner, I'll be perfectly happy to accept a correction to what I've said, if that's the case. Mr. Gimenez: Commissioner, I think the -- we're just giving the options of what could happen, we're not saying that that's the position of FDOT (Florida Department of Transportation). I think Mr. Turner was just saying these are the possibilities, however slight, but it is a possibility. 12 May 23, 2002 Vice Chairman Winton: But I still didn't -- Chairman Regalado: But, excuse me -- Vice Chairman Winton: Oh, I'm sorry. Commissioner Teele: But I think it's absolutely wrong, Mr. Manager, for you to let your staff to get up and try to browbeat or try to force a decision to be made prematurely when there's clearly a willingness on the part of everyone to discuss the item and to act within the next Commission meeting. Mr. Gimenez: Commissioner, I don't believe that we -- we were asked a question of what could happen. I think that's it's -- Commissioner Teele: The worst-case scenario -- Mr. Gimenez: Well, it -- Commissioner Teele: -- I think, is what I'm responding to -- Mr. Gimenez: No, sir, that -- Commissioner Teele: -- is that the DO -- Mr. Gimenez: Sir, that's not what he -- he said that there is two -- Commissioner Teele: We'll get a transcript of what he said, please. Mr. Gimenez: Yes, sir. But what he -- what I heard him say was that there was -- this could happen and we may get that money reallocated or something else could happen. I mean, that's the whole gamut of options. Now, the fact that the money maybe -- the fact that the money be taken away may be a very slight possibility, I still think that it was within his right -- I mean, his duty to really tell you exactly what could happen because that was the question. So -- Vice Chairman Winton: But it could happen within two weeks? Commissioner Teele: No. Mr. Gimenez: No, because the fiscal year -- he was clear in that. The fiscal year ends on June 30th. So if we make some kind of decision -- Vice Chairman Winton: Oh, June 30th Mr. Gimenez: June 30th. So we make some kind of decision about this -- 13 May 23, 2002 Vice Chairman Winton: Oh, it is close. Mr. Gimenez: OK. It's not that far away. So if we make some decision at the next meeting about this then, you know, it's within -- it's before June 30tH Vice Chairman Winton: OK. So we know -- but -- Mr. Gimenez: And if we can get -- if we get a letter from FDOT saying that they would like to extend it anyway, then that answers the question by next meeting. Vice Chairman Winton: Well, we need to just get it taken care of before -- you know, because Commissioner Teele's request is to just simply move this to a discussion item for the next Commission meeting. That gives us time. We can have the discussion. We can do whatever we want to do and we'll come back and we'll vote on the next Commission meeting and there's no risk. Commissioner Sanchez: My concerns was that we lose the funds, and, I mean, we all realize that we have a problem there and this is just a study. Whether it touches on pedestrian or it doesn't touch on pedestrian, it's just a study. It's just going to come back to determine what alternatives we could consider for remedy but -- Vice Chairman Winton: Commissioner Teele -- Commissioner Teele: This is not just a study. This is not just a study, and we should not approach a PD&E -- that is what has the DOT more upset with the City than anything else, is that we have approached PD&Es as just a study. This is a preliminary design and engineering. They don't want to do any studies under the funding cycle, and this is excess money -- this is a special program of excess money in which we got an allocation to the MPO, which was channeled down to the City, and the concept that Mr. Turner is right on is that they do want to see these projects go forward. There are no rules on these projects -- these dollars, but the one thing that I assure you that Mr. Abreu would say, if this is going to be viewed as just a study that you're not going to implement, then don't do it. Vice Chairman Winton: That's right. He does not want it done if we're not going to -- Commissioner Teele: Because we're done enough -- Vice Chairman Winton: -- if we're not moving to implement -- Commissioner Teele: -- of these PD&Es -- Vice Chairman Winton: Right. Commissioner Teele: -- that we decide not to do. 14 May 23, 2002 Vice Chairman Winton: That's right. Now, Commissioner Teele, I need to understand what your request is. Are you requesting that we have a Sunshine meeting before the next -- Commissioner Teele: I'm requesting that you and I have a Sunshine meeting -- Vice Chairman Winton: Got it. Commissioner Teele: -- with the stakeholders and with the DOT -- Vice Chairman Winton: Perfect. Commissioner Teele: -- now and the appropriate staff. Vice Chairman Winton: So we'll work on that. Commissioner Teele: Yes, sir. Chairman Regalado: And so we're going to pull this but I just want to say something. Sometimes the concern of Commissioner Sanchez, I think, is everybody's concern here that we lose the money, and when you have a professional stand at the podium and say that, you know, we could lose just the money, it sends a chilling effect to the members of the Commission and that is wrong, and you know, I can say that, you know, Osama can nuke the City tomorrow, but you know, I won't say that if I don't have the intelligence and the information to be certain that I can even talk about the worst case scenario. If you don't have it, don't say it, because, you know -- can somebody call Jose Abreu and ask him -- he's available all the time -- and ask him if the worst case scenario is likely, and then we'll know. Mr. Gimenez: Well, I don't want to belabor this, OK, but there was a certain question asked about the June 3rd -- I mean, there was a question asked and we talked about the June 30th deadline. By the same token, if the worst-case scenario did happen and then we didn't put that on the line for you, then you wouldn't know -- then you'd come back and say, "Well, how come you didn't tell us that we could lose the funding?" I don't believe we're going to lose the funding, but we have to put that on line. We have plenty of time to deal with this issue. I think, you know, as listening to Commissioner Teele's arguments, I tend to favor what he wants to do, and let's see if we can somehow combine this and make this bigger than just a PD&E study and see if we can get this done, and if we can get something from Secretary Abreu, so much the better. Chairman Regalado: OK. We have pulled CA -3 for discussion later on and CA -7 for a future meeting of the City Commission. Anybody else want to pull any item from -- Commissioner Teele: I move the consent agenda. 15 May 23, 2002 Commissioner Sanchez: Second. Chairman Regalado: OK. The consent agenda has been moved. Commissioner Teele: Mr. Chairman, the Attorney. Alejandro Vilarello (City Attorney): CA -7 then is moved to -- Commissioner Teele: To the 13tH Mr. Vilarello: -- to the June 13th agenda. Chairman Regalado: June 13th agenda. This is a public hearing. Anybody from the public on the consent agenda, on the deferrals? Being none, we close the public hearing. All in favor of the consent agenda say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 16 May 23, 2002 2.1 AUTHORIZE INCREASE IN CONTRACT WITH MINOLTA BUSINESS SYSTEMS FOR LEASE OF TWO MICROFILM READER/PRINTER SYSTEMS FOR DEPARTMENT OF POLICE, FROM $21,257.84 TO $22,756.27, TO INCLUDE PROCUREMENT OF REQUIRED CARTRIDGES FOR MICROFILM READER/PRINTER SYSTEMS; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. RESOLUTION NO. 02-563 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH MINOLTA BUSINESS SYSTEMS FOR THE LEASE OF TWO MICROFILM READER/PRINTER SYSTEMS FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $1,498.43, FROM $21,257.84 TO $22,756.27, TO INCLUDE THE PROCUREMENT OF REQUIRED CARTRIDGES FOR THE MICROFILM READER/PRINTER SYSTEMS; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00 1000.290201.6.6 10. 2.2 AMEND RESOLUTION NO. 02-362, ADOPTED APRIL 11, 2002, TO INCREASE ESTIMATED VALUE OF DONATION FROM DADE AMATEUR GOLF ASSOCIATION, FROM $35,660 TO $43,755.75, TO INCLUDE REVENUES FROM CHARGE CARD ACCOUNTS NOT PREVIOUSLY REPORTED TO CITY. RESOLUTION NO. 02-564 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO.02-362, ADOPTED APRIL 11, 2002, TO INCREASE THE ESTIMATED VALUE OF THE DONATION FROM THE DADE AMATEUR GOLF ASSOCIATION IN THE AMOUNT OF $8,095.75, FROM $35,660 TO $43,755.75, TO INCLUDE REVENUES FROM CHARGE CARD ACCOUNTS NOT PREVIOUSLY REPORTED TO THE CITY. 17 May 23, 2002 2.3 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH PEOPLEWARE, INC., FOR ACQUISITION OF PEOPLEWARE PRO TRAINING REGISTRATION TRACKING SOFTWARE PROGRAM FOR DEPARTMENT OF HUMAN RESOURCES, $10,000; ALLOCATE FUNDS FROM DEPARTMENT OF INFORMATION TECHNOLOGY CAPITAL IMPROVEMENT PROJECT, $10,000 AND ANNUAL MAINTENANCE , $800, FROM DEPARTMENT OF HUMAN RESOURCES' GENERAL OPERATING BUDGET. RESOLUTION NO. 02-565 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PEOPLEWARE, INC. FOR THE ACQUISITION OF THE PEOPLWARE PRO TRAINING REGISTRATION TRACKING SOFTWARE PROGRAM FOR THE DEPARTMENT OF HUMAN RESOURCES, IN AN AMOUNT NOT TO EXCEED $10,000, INCLUDING SPECIAL PROVISIONS, WITH ANNUAL MAINTENANCE SUPPORT AFTER THE FIRST YEAR, IN AN ANNUAL AMOUNT OF $800; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 311608.469401.6.850 IN THE AMOUNT OF $10,000 AND ANNUAL MAINTENANCE IN THE AMOUNT OF $800 FROM THE DEPARTMENT OF HUMAN RESOURCES' GENERAL OPERATING BUDGET. 18 May 23, 2002 2.4 ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF SELECTION COMMITTEE FOR REQUEST FOR PROPOSALS NO. 01-02-069 THAT MOST QUALIFIED FIRMS TO PROVIDE ECONOMIC IMPACT ANALYSIS FOR SOUTHWEST 7' AND Stn STREETS CORRIDOR WITHIN LITTLE HAVANA FOR DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT ARE, IN RANK ORDER: (1) LAMBERT ADVISORY AND (2) MIAMI ECONOMIC ASSOCIATES, INC.; AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH LAMBERT ADVISORY, $90,500; AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MIAMI ECONOMIC ASSOCIATES, INC., IN EVENT AGREEMENT CANNOT BE NEGOTIATED AND EXECUTED WITH LAMBERT ADVISORY. RESOLUTION NO. 02-566 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE SELECTION COMMITTEE FOR REQUEST FOR PROPOSALS NO. 01-02-069, DATED MARCH 18, 2002, THAT THE MOST QUALIFIED FIRMS TO PROVIDE AN ECONOMIC IMPACT ANALYSIS FOR THE SOUTHWEST 7' AND Stn STREETS CORRIDOR WITHIN LITTLE HAVANA FOR THE DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT ARE, IN RANK ORDER: (1) LAMBERT ADVISORY AND (2) MIAMI ECONOMIC ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LAMBERT ADVISORY, THE FIRST -RANKED FIRM, FOR AN INITIAL PERIOD OF SIX MONTHS, WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL SIX -MONTHS PERIOD, IN A TOTAL AMOUNT NOT TO EXCEED $90,500 DURING THE INITIAL AND EXTENDED PERIODS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH MIAMI ECONOMIC ASSOCIATES, INC., THE SECOND -RANKED FIRM, IN THE EVENT A FAIR, COMPETITIVE AND REASONABLE AGREEMENT CANNOT BE NEGOTIATED AND EXECUTED WITH LAMBERT ADVISORY; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 344184.509301.6.270. 19 May 23, 2002 2.5 ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 01-02-023R, THAT MOST QUALIFIED FIRM TO PROVIDE MANAGEMENT TRAINING SERVICES FOR DEPARTMENT OF POLICE IS EASTERN REGIONAL PUBLIC SAFETY INSTITUTE, $79,250; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 02-567 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 01-02-023R, DATED DECEMBER 19, 2001, THAT THE MOST QUALIFIED FIRM TO PROVIDE MANAGEMENT TRAINING SERVICES FOR THE DEPARTMENT OF POLICE IS EASTERN REGIONAL PUBLIC SAFETY INSTITUTE (A DIVISION OF BERNSTEIN & ASSOCIATES), FOR AN INITIAL PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN A TOTAL AMOUNT NOT TO EXCEED $79,250; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING"; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EASTERN REGIONAL PUBLIC SAFETY INSTITUTE (A DIVISION OF BERNSTEIN & ASSOCIATES).. 20 May 23, 2002 2.6 AUTHORIZE CITY ATTORNEY TO ENGAGE LAW FIRM OF LEIBOWITZ AND ASSOCIATES INC., TO PROVIDE LEGAL SERVICES REGARDING (A) CURRENT CABLE TELEVISION LICENSEE'S TRANSFER OF PARENT ENTITIES FROM AT&T TO COMCAST, (B) COLLECTION OF FINES ASSOCIATED WITH SYSTEM REBUILD BY CURRENT CABLE TELEVISION LICENSEE, AND (C) RESOLUTION OF EXISTING CUSTOMER SERVICE VIOLATIONS FOR ALL FOREGOING SERVICES; ALLOCATE $60,000 FOR SAID LEGAL SERVICES. RESOLUTION NO. 02-568 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE LAW FIRM OF LEIBOWITZ AND ASSOCIATES INC., TO PROVIDE LEGAL SERVICES REGARDING (A) THE CURRENT CABLE TELEVISION LICENSEE'S TRANSFER OF PARENT ENTITIES FROM AT&T TO COMCAST, (B) THE IMPOSITION AND COLLECTION OF FINES ASSOCIATED WITH THE SYSTEM REBUILD BY THE CURRENT CABLE TELEVISION LICENSEE, AND (C) RESOLUTION OF EXISTING CUSTOMER SERVICE VIOLATIONS, WITH LEGAL FEES CAPPED AT $60,000 FOR ALL OF THE FOREGOING SERVICES; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $60,000, FOR SAID LEGAL SERVICES FROM ACCOUNT CODE NO. 001000.920205.6.250. 3. (a) PRESENTATION TO CITY BY CATHY VOGEL, FROM FIND, OF $196,000 FOR MARGARET PACE PARK AND $180,000 FOR KENNETH MEYERS PARK/SEMINOLE BOAT RAMP (See #1). (b) ORDER OF DAY. Chairman Regalado: Before we go on to the -- we have a time certain. The Workforce, South Florida Employment and Training Consortium. We have a time certain in a few minutes. But first, we want Cathy Vogel, the Chairperson from the Florida Inland Navigation District, to present the City Commission with two checks. So that money we're not going to lose. Cathy Vogel: It's always a pleasure. There we go. It's always a pleasure, for the third time, to come before the City of Miami representing the Florida Inland Navigation District, and what I come bearing today are two checks representing the Navigation District's commitment and support for two very important projects of your Parks Department, and I would like to commend on Mr. Ruder and his staff, in particular, Maria Perez for the wonderful job they do in bringing the money home to Miami. The first check -- it's literally big -- is in the amount of $196,000 and some odd cents, and that is for improvements to the Margaret Pace Park, up in the north part of the City, and the second check -- [APPLAUSE] -- also rather big in the amount of $180,000 for improvements to the park and boat ramp at Kenneth Meyers Park, and I don't know Margaret Pace so I can't say anything about that, but I do know Kenny Meyers, who's 21 May 23, 2002 my office neighbor. We both work at Squire, Sanders and Dempsey downtown, so he was here earlier and he's very happy about how good a job the City is doing taking care of his namesake, so, there you go. [APPLAUSE] Chairman Regalado: Thank you. Thank you. Thank you very much, Cathy. Thank you. OK. Time certain 10:30. We're going to do it earlier, two minutes. Discussion concerning the City of Miami's involvement with the South Florida Employment and Training Consortium. This item has been deferred several times. We got a memo from the Manager regarding this item. All of you probably saw an article in today's paper regarding -- Commissioner Teele: Commissioner Winton had expressed a lot of concern about this. Chairman Regalado: Where is he? Commissioner Sanchez: He's in his office. Chairman Regalado: Where's -- Peter. Commissioner Winton wanted to discuss that. He was the one that originally brought it to the agenda, so we are going to check with him to see he wants to be available for the discussion or if we should wait or do something else, but we'll see. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: You have half of the blue pages. Why don't we get rid of some of your items? Chairman Regalado: Because I'd rather do it last, as a courtesy to you. Commissioner Teele: I'm going to leave at 11:30, see. Chairman Regalado: Right. But that's OK. Just a note, Mayor Diaz has two items that he wants the City Commission to discuss in the afternoon. 4. APPROVE PROJECTS IN DISTRICT 3 TO BE FUNDED FROM HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS. Chairman Regalado: Commissioner Gonzalez, do you have anything on your -- Commissioner Gonzalez: No. 22 May 23, 2002 Chairman Regalado: -- blue page? And you don't. Commissioner Winton. Commissioner Sanchez, you have a resolution. Commissioner Sanchez: Mr. Chairman, I have a resolution, which is clearly to -- Chairman Regalado: OK. We'll do it. Go ahead. Commissioner Sanchez: Resolution of the City of Miami Commission, with attachments, approving projects in District 3, as more particularly set forth in the attachments, to be funded from the Homeland Defense Neighborhood Improvement bond funds. Commissioner Teele: Second the motion. Chairman Regalado: OK. 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 for its adoption: RESOLUTION NO. 02-569 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING PROJECTS IN DISTRICT 3, AS MORE PARTICULARLY SET FORTH IN THE ATTACHMENT, TO BE FUNDED FROM THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 23 May 23, 2002 5. DISCUSSION ON CITY'S INVOLVEMENT WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC); DIRECT CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AGREEMENT WITH MIAMI-DADE COUNTY AND BRING BACK SAID AGREEMENT TO COMMISSION. Chairman Regalado: Commissioner Winton, we were waiting for you on this time certain item. It was you who brought it to the agenda, and it has been deferred several times. We have a memo from the Manager. We have an article in today's paper, so it's a hot issue, so you want to start, or you want the Manager -- Vice Chairman Winton: Yes, sir. Commissioner Teele: Mr. Chairman, I want to thank the Assistant Manager here from the County, and she's been exceptionally accessible, and open, and candid. And, in fact, I've met with Mayor Penelas on this issue through your good offices, and it might be just a good opportunity if you would just introduce yourself and say an opening word. Barbara Jordan (Assistant County Manager): Sure. Good morning, Mr. Chairman, members of the Commission. Thank you very much for having me here. My name is Barbara Jordan, Assistant County Manager, and I'd like to thank all of you for your indulgence and your availability through our series of meetings, to try and make sure that we clarify all issues related to this item, and at this point, I'll entertain any questions that the Commission would have. Commissioner Teele: Barbara, the concern that I've expressed to Mayor Penelas and you, and it gets down to what Commissioner Winton was talking about today. Many of the problems that we're confronted -- us, and not you or the staff, per se. Have we been able to address how we get more appropriate representation in the Interlocal Agreement? We had delegated that down, I think, to a level where we have staff basically making decisions for us, and as you'll recall, the whole issue of representation was an issue that the Mayor and I discussed. Would you brief the Commission on that, and is there a remedy for what we're confronted with? Ms. Jordan: Yes. Based on the concerns that were raised in our meetings, the concern was that there are critical decisions being made regarding the funding allocation and policies as it relates to work force development, and that the consortium consists of representation from five municipalities. The representation is really supposed to be the elected officials or their designee. In most instances, those representations have been delegated down to staff levels. Some -- Commissioner Teele: Barbara, it is -- it's worse than that, because it's not the Manager, or his Assistant Manager, nor is it even the department head, in some cases. What we have are staff who are making decisions, and literally making decisions for us through the -- through the -- am I overstating that, in a sense? Ms. Jordan: No, you're not. No, you're not. 24 May 23, 2002 Commissioner Teele: And, see, that's a function -- that's on us and the Manager. That's something that we've got to work out. What is the appropriate representation level that we should have on the -- We've got two different boards. But the five -member -- where we have the five entities that are basically the signatories to the agreement, itself. Ms. Jordan: The representation level basically is the elected official or your designee, being the County Manager. The representation should not be below the Office of County Manager. Chairman Regalado: Do we have it now? Ms. Jordan: No, you do not. For the most part, the only person who serves on the consortium at the County Manager's level is myself. I represent the County Manager's Office. So the other members of the consortium, their staff levels would either be department heads or below. That is Commissioner Teele: But it should be at the elected official level. Ms. Jordan: Absolutely. That's one of the issues that we are addressing, and have addressed with the Mayor. The new agreement will stipulate that. A letter will come from Mayor Penelas to each of the representatives for the municipalities, to ensure that the representation is stated clearly in the letter, so that when you designate someone, it will be identified as such. Vice Chairman Winton: Barbara, there were two principal issues that we had. I think Commissioner Teele touched on one, which is representation, and the other is liability. Would you walk us through the recommended changes that you have to the old policy. Ms. Jordan: Yes. Under the old policy, which was the old DTPA (Private Industry Council) guidelines, the consortium was formed, because at that time, you had five entitlement communities that were able to be service delivery areas. Instead of spending the dollars on administration to have five strategic areas, what they decided to do over 20 years ago was to come together and form one administrative entity, and that way, it would be much more efficient in the delivery of services. Based on the new law that has changed, which is now work force development, the chief elected official for the County is responsible for the work force initiative, and for appointing the board of directors. Commissioner Teele: Barbara, on that point, that's by Federal rule; is that correct? Ms. Jordan: Absolutely. Commissioner Teele: Now, if we were a City of over 500,000, would that be correct, as the City of Miami? Ms. Jordan: Right. If you were a City of over 500,000 -- Commissioner Teele: We would be entitled to our own? 25 May 23, 2002 Ms. Jordan: Yes. Commissioner Teele: OK. Ms. Jordan: Yes. However, Mayor Penelas really wanted to maintain the democratic process that we now have, and involve the cities that are currently a part of the consortium in the process. Instead of taking the liberty of appointing the entire board of directors, which he has authority to do, what he has said is, look, this has been working very well. We have a democratic process that involves the municipalities. Let's retain that process and involve them in the consortium. Under the old agreement, members of the consortium, based on your appointments to the board of directors, assumed a certain percentage of the liability. Under the new proposed guidelines, you would absolutely do the same. However, under the old board of directors, there were over 64 members. We found that, that number of board members was much too unwieldy to make sound decisions. Looking at the Federal guidelines and the requirements, the least number of board members you could have would be approximately 38. Looking at the board members that we currently have, we decided to cut the board down to a number of 45, which we feel would be manageable, and distribute the appointments to the various municipalities, based on your representation and your -- Vice Chairman Winton: Based on what? Ms. Jordan: Based on your populations and representation. Vice Chairman Winton: Which gets to the liability issue. Ms. Jordan: Right, so the City's population would be 33 percent of the new board, and the City would assume 33 percent of the liability. The question was asked during the time when we were having meetings with you: Well, can we have our members be appointed, but not assume the liability? And my answer was: That would not be my recommendation to the Mayor, that if the City participates on the board, if you want to play, you need to pay, so basically, I think that the process that we have recommended -- There was another question that came up as a result of the issue. If we're going to have any cases that come before the consortium regarding liability and the City and the County has the greatest amount of liability, the three smaller municipalities could, in fact, vote in the majority and overrule the larger municipalities, who would have the majority of the liability. The recommendation that we are taking before the consortium, and we've had it as a discussion, is that one of the larger municipalities would have to be in the majority in terms of the voting, in order to make the item pass, so that's the way we plan to resolve the issue of making sure that each vote counts, and counts appropriately, based on size. Commissioner Teele: Barbara, state that in clear language. Are you saying that either the City of Miami or Miami -Dade County must cast their vote in the affirmative -- Ms. Jordan: Yes. Commissioner Teele: -- for an item to pass? 26 May 23, 2002 Ms. Jordan: Yes. Commissioner Teele: And that's how you deal with the liability issue. Ms. Jordan: Yes. Commissioner Teele: Barbara, and the reason I interrupted you -- And I want to refresh Commissioner Winton, and the Manager and the Commission's recollection. What was represented to us was that we could sort of pull out of this thing and go it alone, and that, of course, Johnny, you recall was what was being represented, and it was something that I found very intriguing until I got the rules of CFR (Code of Federal Regulations) read to me, and I got them. And if we were a City of 500,000, that would be a true statement. We could de -annex ourselves and pursue our own course of action, because the rules are very clear, and the rules also assume that the chief elected officer has pretty much powers associated with chief elected officers. In other words, the CFR assumes that Mayor Penelas or the Mayor of the County is sort of an Executive Mayor, and it assumes that he should impose this, and, in fact, it allows him to impose it, and to his credit, to his clear credit, he's not trying to go that route. He's trying to maintain the same base, so the genesis or the basis of my consideration in all of this was, do we go it alone, or do we stay in the consortium? The answer, as far as I'm concerned is, we don't have a choice but to go it alone. The question is -- stay in the consortium. The question is, how do we negotiate sort of a best deal, if you will? And I think the proviso that is talking about that one of the two larger areas must be in the majority provides us with the assurance that some smaller cities are not basically making debt or potential debt for us, and I think that debt is very theoretical, but it's yet and still very real, in a worst case scenario, and so I want to withdraw all of my opposition or concern that I initially raised, but I am concerned about how we, as a Commission, staff the process, and I would hope that the Mayor would decide whether or not he would like to be the representative, and then I would hope that in the absence of the Mayor that the provisions would allow that a second elected official be designated as an alternate, and I would hope that you all would consider that as a rule, and then the Commission would designate someone and request that the Manager assign an Assistant Manager as the staff to be in attendance in all meetings, and to support the Mayor, or the Commission or whoever is going. Vice Chairman Winton: And I would like to hear staff's thoughts and recommendations on Barbara's proposals, if you have any. Dan Fernandes (Acting Director, Community Development): The recommendation that we originally had was based exclusively on the liability factor, as, you know, has been clearly brought out here. There have been actions that have been taken by the consortium, as Barbara addressed, and, you know, I concur with what she said, as far as the actions taken. The only thing I would add to that is that the discussion level at the consortium on Monday, there was a little -- there was some controversy relating to whether the other three parties would be amenable to the inclusion of only the City or the County being a part of that majority vote. Ms. Jordan: I'd like to add that that was an issue raised by Hialeah, and I saw it as only one person. And basically, I don't really see that as an issue. 27 May 23, 2002 Carlos Gimenez (City Manager): Could I ask a couple of questions? Vice Chairman Winton: Sure. Mr. Gimenez: If the City of Miami were not to participate in the policy-making board, would we then not be liable for any of the liabilities that may incur from such activity? Ms. Jordan: That's correct. If you do not participate, then you do not get your appointments to the Work Force Board, which, by the way, I might add, will be making the decisions about funding, and allocations as well as service providers. The Work Force Board is the policy board that will be making the firm decisions. So if the City chooses to remain --because you have taken the action already to pull out of the consortium -- if you choose to remain out of the consortium, you will not participate in that process, and you will not have the liability. Mr. Gimenez: My second question is, if we are not on the policy-making board, is it still the duty of the County or the board to provide services to the citizens of Miami in relation to this activity? Ms. Jordan: To all of Dade County, it's still our responsibility. Commissioner Gonzalez: You can't expect that you're going to get anything free from the County. Mr. Gimenez: No, I understand that. So, I mean, the point that I'm making is, is basically this: Is that in -- It's really you've got to weigh what you want. If you want to play, and you want to participate in the policy-making, you're going to assume some liability. However, if we don't, the County is still -- they're duty-bound to provide those services to the residents. Correct? Ms. Jordan: Yes. And I must say that over 20 years, in terms of liability, billions of dollars, we've only paid out seventeen thousand. Vice Chairman Winton: Mr. Chairman, I'm the one who brought the original motion, because we had a deadline to trigger a discussion, and dialogue and decision, and the -- as Commissioner Teele said when we -- certainly, when I first got pulled into this discussion point, I was led to believe that we could go it alone. I learned fairly quickly thereafter that we couldn't. And so there became then a clear-cut focus just on the principal issues that were concerning us, which was appropriate representation and liability. I think that Barbara and the County have done a superb job of addressing those issues on our behalf, and from a procedural standpoint, I don't know if my motion still stands. Commissioner Teele: Yeah. Vice Chairman Winton: It does? Commissioner Teele: You have a motion that is the will of this majority that we de -annex ourselves from the process. 28 May 23, 2002 Vice Chairman Winton: So I would like to either change my motion, or pull the old motion, or whatever we have to do to allow us to stay in the consortium, so that's what -- I think that the old motion to pull out is not a motion that I want to support. Alejandro Vilarello (City Attorney): Commissioner, can I suggest that if that's the desire of the City Commission, that we come back at the next meeting with the agreement in its final form to present to the City Commission for its consideration? Vice Chairman Winton: Perfect. Commissioner Teele: I'm fine with that, but I would rather the motion be rescinded that was previously made at this point. I see noI mean, they've got to negotiate an agreement that's acceptable to you, but I think we ought to put ourselves in position where we are at the table now, because right now, we're not at the table. Ms. Jordan: If I may, we have a letter -- Vice Chairman Winton: Whoa. Ms. Jordan: I'm sorry. I'm sorry to interrupt. We have a letter from you withdrawing, and until we have something that rescinds that, we have no basis to negotiate. Commissioner Teele: We need to rescind the withdrawal, and then instruct the Manager and the Attorney to negotiate a new agreement. Vice Chairman Winton: Yeah, but what if the negotiated agreement isn't what we all thought we just agreed to -- Commissioner Teele: It comes back to us at the next meeting. Vice Chairman Winton: No, no, no. We can't pull back out again, because we're past the deadline. So if we get back in, we passed the deadline on notice. Commissioner Teele: Yeah, you may be right. Ms. Jordan: Beg pardon? Vice Chairman Winton: We had to make a decision at that Commission meeting -- Commissioner Teele: You're right, Commissioner Winton. Vice Chairman Winton: -- a few months ago, because there was a deadline to pull out, and we couldn't pull out if we missed that deadline, so if we get back in now and we pass that deadline, then we're stuck. 29 May 23, 2002 Commissioner Teele: You're right. You're absolutely right. Vice Chairman Winton: So I'm a little -- Commissioner Teele: We'll see on the 13th Vice Chairman Winton: I'm a little curious, Barbara, why we have no standing to negotiate. Ms. Jordan: That's OK. Vice Chairman Winton: I think that we can figure out how to get that solved. Ms. Jordan: All right. Commissioner Teele: Mr. Chairman, in your -- Commissioner Winton, that's very astute, and I really appreciate you picking up on that subtlety. I do think, however, there's two issues. There's the issue externally, and there's the internal issue, and I'd like to also set, immediately following that item, an item to discuss both boards. That is, my preference would be for the Manager or the Chairman to go up and meet with the Mayor, and see if the Mayor would agree to be the representative. Does Mayor Raul Martinez come to those board meetings sometimes? Ms. Jordan: No. Fred Marinelli. Commissioner Teele: But under the new structure, will he be encouraged to? Ms. Jordan: Yes. Commissioner Teele: I think we should request to see if the Mayor would like to be designated, and also, Mr. Attorney, designate that the elected official will have an alternate elected official, and then you would designate a Commission member as the alternate, and then have a resolution that would specify that the Manager or an Assistant Manager would attend all meetings, and would be, in effect, staff to the Mayor for that purpose. That's one board. Then the second board, we need to get some clear, written history and recommendations from the Manager and the staff on who our representatives should be, because a lot of this has just sort of been passed on from generation to generation, and no one has really sat down to look at whether or not these members are reflective of the issues, and the Manager asked, in my judgment, the sixty-four thousand dollar question, and that is, if we don't participate, do we still get the service? And Barbara responded: Yes, however, you won't be involved in the way -- the service delivery mechanism. We need to focus, I believe, on ensuring that the service delivery mechanism is appropriate for the poorest City in the nation, and it is appropriate for our individual and unique districts that are very diverse, and in many ways, very dissimilar, and one of the issues I want to put on the table, I am concerned about ex -offenders, and ex -felons having a special program within this process, under the Federal guidelines that addresses that need. That's just me, and I'm sure the Commissioners have all unique needs, and we want to make sure that our board appointees reflect that kind of thinking, so, Mr. Manager, that's on you and your staff. 30 May 23, 2002 Mr. Gimenez: Yes, sir. Chairman Regalado: OK. Vice Chairman Winton: So this is coming back with the agreement. Chairman Regalado: Do we have a -- do we have a motion to rescind? Commissioner Winton: No. We got to make it. Commissioner Teele: Motion that the item be set for a time certain for 10 p.m. on June the 13tH Chairman Regalado: 10 a.m. Commissioner Teele: 10 a.m. Vice Chairman Winton: Second. Mr. Vilarello: And directing the Manager and the City Attorney to negotiate an agreement with the County? Commissioner Teele: Exactly. Vice Chairman Winton: And bring it back to us. Commissioner Teele: And bring it back, and requesting, Mr. Manager -- Mr. Vilarello: Ms. Jordan, is that acceptable? Ms. Jordan: Yes, absolutely. Commissioner Teele: And further requesting that the Manager bring forth a historical summary of the members of the other board, and some recommendations on how we can best ensure delivery, district by district, Citywide. Mr. Gimenez: Yes, sir. Ms. Jordan: Thank you. Chairman Regalado: Mr. City Attorney, is this a public hearing? Commissioner Sanchez: Discussion. Mr. Vilarello: I believe it's a discussion item. Commissioner Sanchez: Call the question. 31 May 23, 2002 Chairman Regalado: So the public is invited to address the Commission? Vice Chairman Winton: It's a discussion item. Commissioner Sanchez: It's a discussion item. Mr. Vilarello: It's a discussion item amongst the City Commissioners. If you wish to let the public speak, that is your right. Commissioner Teele: I'd like to hear from Mr. Cruz. Chairman Regalado: Well, go ahead. OK, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 2e Street. I'd like to address in the problem of the Work Force Development, and I don't know, but like somebody told me before that Miami, by itself, Miami, the City of Miami, considering the amount of unemployed people and poor people, has -- could get up to thirty-one million dollars ($31,000,000) from the Federal government. That's one. I don't know if they -- people found out about that, but that's one -- people that to me, the 45 people -- one of them told me that. One other thing. I don't know what they do at 1313 36th Street, but I was there twice, and I saw a lot of unused computer stations, more than 50. Whatever it is, I don't know how much it cost, but they were unused. And the people there told me, well; the people come at different times of the day to use them. Maybe it was empty, but I went twice. I didn't see anybody training in the computer stations there. That's improper use of so many assets there that we got there. Another thing. I delivered, personally, certified letters from 1313 36th Street to North Miami, to people living in North Miami, and checks going to apartment buildings there. What they doing? Are they trying to get the people from the outside jobs in the City of Miami, when they should be getting outside jobs for the people, for the poor people in the City of Miami? I never saw anybody in my neighborhood doing outreach, or going to the Chamber of Commerce, or going to any place looking for -- don't tell me that in one year, just 27 or 30 some people they were able to train in one year, with so many unemployed people all over the place? I mean, what they were doing at the MRC (Miami Riverside Center) and other places? They were discussing, they were fighting inside politics, or they were discussing the important issue of what to have for lunch that day? Because that bothers me that we have so much right to so much Federal money that we send to Washington, and we always complain that we don't get anything. And then we cannot use the money because the staff maybe is looking at the windows, looking at the ships going by the river or whatever. Because one year is plenty of time to do things. If the thing is there or whatever, try to fix it. But we got to use that money, because one of the obligations of the City is to provide quality of life, and quality of life is jobs for the people, and we got plenty of people. You mentioned there how many people we got without jobs. We have to train the people to have those jobs, not just arithmetic, reading and writing, no. You got to train them in the basic things that now -- calculus, mathematics for computer training, because look at the paper every day. Hundreds of jobs -- Even you mentioned one day the apprenticeship program, and you went to all those high- rise development programs that pay twenty and thirty dollars ($30) an hour. There was nobody from Miami working in those jobs there. Nobody. Most people from Broward County and other 32 May 23, 2002 Counties. How come? We don't have people there that are able to work in those high paying jobs? No. It shouldn't be that, because we providing the service for those high-rises. The people --the jobs should be jobs for Miami, too. Thank you. Chairman Regalado: Thank you. Mr. Manager, would it be possible to have, before this item comes back on the 13th, a list of the people that have been served by -- in this year -- by the Work Force of the City of Miami, how many City residents and how many non-residents have been clients of that? Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: It won't be a long list. Vice Chairman Winton: It's short. Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Before Barbara goes, I'd like to once again thank Barbara Jordan for coming. I'd also like to thank her for her candor and openness in these discussions and negotiations. I think she really listened intently to the City's concerns, and I think they did a great job of addressing them, and I really appreciate that, the effort on your part, Barbara, so thank you very much. Ms. Jordan: And thank you, Commissioner, and all the members of the Commission for availing yourselves to our meetings, as well as your staff. Vice Chairman Winton: And I would like to do one other thing, Mr. Chairman, and that is embarrass my mother, who's sitting in the middle of the deal right there, by calling attention to her. My mother, Donna Winton, is here from Albuquerque, New Mexico, and I am thrilled that she's here. Commissioner Teele: Commissioner, since you brought your mother, I'm going to bring my mother at 3 o'clock. Vice Chairman Winton: All right. Good, good. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 33 May 23, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-570 A MOTION TO DEFER DISCUSSION ON THE CITY'S INVOLVEMENT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002 AT A TIME CERTAIN OF 10:00 A.M.; FURTHER DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH MIAMI-DADE COUNTY AND BRING BACK SAID AGREEMENT TO THE COMMISSION; FURTHER INSTRUCTING THE MANAGER TO PROVIDE THE COMMISSION WITH A HISTORICAL SUMMARY OF MEMBERSHIP ON THE SOUTH FLORIDA WORKFORCE BOARD AND SOME RECOMMENDATIONS ON HOW SERVICE DELIVERY CAN BE BETTER ENSURED CITYWIDE AND BY DISTRICT. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny Winton Chairman Tomas Regalado NAYS: None ABSENT: None 6. SCHEDULE PUBLIC HEARING AT 3:00 P.M. ON COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002 TO DESIGNATE HADLEY PARK SENIOR CENTER LOCATED AT 1300 NORTHWWEST 50' STREET AS CONGRESSWOMAN CARRIE MEEK'S SENIOR AND CULTURAL CENTER. (See #56) Chairman Regalado: OK. Commissioner Teele -- Commissioner Winton, you don't have anything on your blue pages, but is there anything you want to do in your blue pages that is not there? Vice Chairman Winton: You know, I don't think so. 34 May 23, 2002 Chairman Regalado: Oh, OK. Commissioner Teele, your blue pages. I'll do mine last. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would move that there be a special hearing, public hearing to designate the Hadley Park Senior Center as the Hadley Park -- Congresswoman Carrie Meek Senior and Culture Center for the purpose of hearing from the public regarding that at 3 p.m. on Thursday, June 13th. I would so move. Vice Chairman Winton: Second. Chairman Regalado: OK. We have a motion for a time certain public hearing. Three p.m., you said? Commissioner Teele: Yes, sir. Chairman Regalado: Three p.m. on June 13 for the designation of Hadley Park. Commissioner Teele: And that needs to be advertised, Madam Clerk, in conjunction with the City Attorney. 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 for its adoption: MOTION NO. 02-571 A MOTION SCHEDULING A PUBLIC HEARING AT 3:00 P.M. ON THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002 TO DESIGNATE THE HADLEY PARK SENIOR CENTER LOCATED AT 1300 NORTHWWEST 50' STREET AS THE CONGRESSWOMEN CARRIE MEEK'S SENIOR AND CULTURAL CENTER; FURTHER DIRECTING THE CITY CLERK TO ADVERTISE SAID PUBLIC HEARING. 35 May 23, 2002 Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 7. A) DEFER PROPOSED SCHEDULING OF WORKSHOP RELATED TO POLICE DEPARTMENT OPERATIONS. B) DEFER PROCLAMATION TO MR. ROBERT CHEHEBAR FROM SOYE CORP. Commissioner Teele: And on the blue pages -- did we have a date? Chairman Regalado: No, we didn't. Commissioner Teele: Does the Chief -- Mr. Manager, did you all come in with a date on the workshop? Chairman Regalado: It's up to the Commission. Carlos Gimenez (City Manager): No, sir, not yet. Chairman Regalado: It's up to the Commission. We have a -- Commissioner Teele: We still don't have a recommended date? Chairman Regalado: No. We have a memo from the Chief and the Manager saying that a week before the public hearing, that we send questions and they address some of the questions that Commissioner Sanchez and Commissioner Gonzalez and Commissioner Winton -- Commissioner Teele: The reason I put it on my blue pages is that we had asked the Manager and the Chief to work with everyone to get a date that we can have the -- begin to have the workshop, and have we come up with that date yet? Mr. Gimenez: No, sir. Commissioner Teele: All right. Then I'll ask -- 36 May 23, 2002 Mr. Gimenez: We could have something -- we could have it by later today, if you want? Commissioner Teele: Well, I'll ask that the item be deferred till the 13th. I think it ought to be thought through. We ought to go by and work with everybody's staff, and I would prefer that it be held sort of like we had at the Knight Center or something, although that, you know, that's up to the Chairman, wherever the Chairman would prefer, I'll yield to that. And on the other item, I'm going to defer it until the next week -- next meeting, and this should be listed as a proclamation. Do our proclamations get printed on the outside agenda? Chairman Regalado: Yes. Commissioner Teele: Because there is a -- proclamations are not recorded, is that right, Madam Clerk? What is the procedure of the Commission? Does the Commission record proclamations or the Commission records when the item -- when the meeting is called to order. Priscilla A. Thompson (City Clerk): If I am not mistaken, it's done as a general item, not specifically listing names and who did what, just that they were done. Commissioner Teele: OK. All right. Because I do think the one thing that I have observed is, we have a lot of supplemental proclamations and things, and a lot of times, you know, for young people, especially, their notebooks, having it on the agenda is as important as sort of coming down and being able to have that as a scrapbook item, and I just wanted to make sure that we encourage the Agenda Coordinator and the Clerk to work cooperatively to get these proclamations to people. In this case, this is a young, aspiring Versachee (phonetic), as I understand it, and we'd like to make sure that it's on the front of the agenda, and it will be held on the 13th, if possible. Mr. Gimenez: Yes, sir. Commissioner Teele: Thank you. Mr. Chairman. Chairman Regalado: Yes, sir. 8. DIRECT ADMINISTRATION TEELE TO INSTRUCT AUDIT ADVISORY COMMITTEE TO PROVIDE COMMISSION WITH RECOMMENDATIONS ON HOW TO PROCEED WITH HIRING AND BUDGETING OF INDEPENDENT AUDITOR GENERAL POSITION AND PROVIDE JOB QUALIFICATIONS, SCOPE OF JOB, JOB CREDENTIALS, ETC. AND REPORT BACK TO COMMISSION. Chairman Regalado: OK. If -- you don't have anything else? Commissioner Sanchez: Mr. Chairman -- 37 May 23, 2002 Chairman Regalado: Yes, sir. Commissioner Sanchez: -- if I may, out of -- If I respectfully request, I have an item that probably be out of order, but November two thousand-- ninety-nine, the voters in Miami, through a referendum, voted to have an Independent Auditor General. As of today, as of today, we have not hired an independent Auditor General. The argument here was made that we wanted accountability, and we wanted -- the Commission wanted someone to be their eyes and ears. Now, we, in many occasions, find ourselves either questioning where the funds are coming from a project, or where the money's going to come from, and we rely on the Administration for their advice. I am pleased with the advice that I have received from the Administration, but in past administrations, this Commission has been lied to. Whether it has been lied or misled, that was the reason why we came up with this referendum to have the voters approve an Independent Auditor General. We have not -- I know that we've gone through several administrations, and I know, Carlos, I'm not going to put the burden in your lap, but I just want to know why haven't we gone out and hired an Independent General -- Auditor General, as of today? Carlos Gimenez (City Manager): I really don't have a good answer for you. I was asked that question by an individual a couple days ago, and frankly, it's been under my radar screen, and I would certainly, if it's the pleasure of the Commission, bring it back up and start the process and have it for discussion. And it's going to be your Auditor General and we can propose a process, but in the end, it's going to be your choice. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: As you know, when we funded this -- when we approved this, we made a decision not to fund it, and it was not the Manager's fault it is not funded in our budget. And unless and until we fund that position, and define the role and the scope -- I have had discussions with the Mayor and with the Mayor's budget person. I want to put what Commissioner Sanchez said in a slightly different light. What is really needed is the same process that we had with the Oversight Board by the staff, and I think everyone agrees to that. There should be a quarterly budget review, based upon the estimating process of revenues coming in and going out. And a lot of what the Auditor General should be doing is paralleling what happens in Tallahassee every quarter, what happens in Dade County every quarter, and what happens under the Oversight Board with the City of Miami; taking our revenues, taking our expenditures and having a formal session. I think, however, to ask the Manager to -- hold the Manager responsible or accountable for what is essentially a Commission function -- and the Auditor General works for the legislative branch, not the executive branch. And the Auditor General, as it's set up, it's set up just like the Comptroller General of the Congress is. The GAO is the Comptroller General. That branch works for Congress. It doesn't work for the President. OMB, Office of Management and Budget works for the President. The same process happens in Tallahassee. The goal is not to watch the Manager, per se, but it is to be an accountability check and balance. The goal is to watch the budget and the expenditures, 38 May 23, 2002 because at the end of the day, no one is responsible for the expenditures but the Commission, and we're the only ones that can appropriate funds. And so, I think your recommendation is good. I think what we should do is express the intent of placing this item in the budget, beginning next year, and to work closely with the Mayor's office, with the Attorney and the Manager in formulating the right legislative scheme, particularly to formalize the accountability process that was set up by the Oversight Board, where there are quarterly estimating meetings that are convened by the Auditor General, in which the Manager, the Attorney, and the Clerk all have to come in and discuss where they are on their budgets, and where we are in the revenue collection, and that's the way I think we get the account -- what's the ordinance that Linda said she was going to look at restructuring to account? It's call the Accountability -- Mr. Gimenez: It's the Financial Integrity Ordinance. Commissioner Teele: It's the Financial Integrity Ordinance, is where she had recommended that this be placed in. And I think Commissioner Sanchez is right on point in raising the issue. Commissioner Sanchez: Mr. Chairman, if I may. Chairman Regalado: Yes, sir. Commissioner Sanchez: Commissioner Teele, the only thing that I want to put to light here is that, I'm glad that the voters didn't -- were not aware of this when the bond issue went out because I don't think that the percentages support would have been that high knowing that the voters approved something that we have not implemented and we're going on almost three years, and we have not been able to implement it. I'm not putting the burden on anybody. But the thing that I always say is that, myself included -- not only is it embarrassing, but, you know, we're here on a part time basis, you know. I always say this. You know, I have to work and make a living. I do this as a hobby and as public service, and because I really love this City, but the Commissioners need to have a second opinion on a lot of these issues. It's just like a health issue. If you're going to have an open-heart surgery, you're going to go out and you're going to look at three or four doctors. You know, we need to have is to have somebody -- and let me just describe the duties and powers that were passed in this referendum, in this resolution. The IAG (Independent Auditor General) shall be responsible to provide independent, independent oversight of audit functions, and form performance of other duties as may be assigned by the City Commission or any member of the Commission to the degree necessary to fulfill the responsibilities of the office. The IAG shall have the power and authority to (1) examine City audits, functions and accounting system; provide budget and legislative analysts, conduct financial operation, compliance, single act and performance audits of City government officials; and independent agency with a report submitted to the City Commission as deemed necessary by the IAG, or as may be required by the City Commission from time to time. Now, the thing here is -- and, Johnny, many times we talk about on issues presented to us and we ask where the money comes from. Well, I have an item right here that money came from two different areas. You know, I don't 39 May 23, 2002 want to -- in other words, I don't want to take anybody's money from a project that is in the process to fulfill mine. Because, one, it's going to be seen as self-serving, and the second, I don't have the avenue to contact somebody, which we do, but I guarantee you that a hundred percent of the time, not this administration, the past administration, I guarantee you were not told the hundred percent truth. Vice Chairman Winton: But the issue is ours to solve; no one else's. Commissioner Sanchez: No, I agree with you. But are we going to -- what actions are we going to do now. We need to put it in the budget and we need to go hire -- or start the process. Vice Chairman Winton: And if you don't put it in the budget, it ain't never going to happen. Commissioner Teele: And the place I think we should start is to go to our own audit and -- what's that committee of outsiders that we have, the audit -- Commissioner Sanchez: I think it's committee. Alejandro Vilarello (City Attorney): I think it's Finance and Audits. Mr. Gimenez: Audit -- Finance and Audit Committee. Commissioner Teele: The finance and audit committee. We all should ask them for some recommendations on how to proceed. That committee is one of the few committees that really functions, and the City finance staff and budget staff have found that committee to be extremely independent and to give honest second opinions, and I think we would do ourselves justice by utilizing the representatives that we've appointed and ask them to begin a process to make a scheme, a regulatory scheme, or a recommendation on the job qualifications and -- Vice Chairman Winton: Defining the scope of the jobs. Commissioner Teele: The scope of the job, job credentials, et cetera, and to come back to us. And I think what you're saying makes a lot of sense, Joe. Commissioner Sanchez: I just don't want to be treated as a mushroom, you know, in many ways. 40 May 23, 2002 9. FIRST READING ORDINANCE: AMEND SECTION 40-255(K) OF CITY CODE ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST", TO EXCLUDE APPOINTED CITY COMMISSION OFFICE STAFF, HEADS OF DEPARTMENTS AND THEIR ASSISTANTS, AND ASSISTANT CITY ATTORNEYS FROM ITS PENSION FORFEITURE PROVISIONS. Chairman Regalado: OK. Before we go to a time certain request by the City Attorney, we have several minutes. I'm going to do -- you have any other items in your blue page, Commissioner Teele? Vice Commissioner Teele: Mr. Chairman, I note the presence of the distinguished Senator -- Chairman Regalado: The distinguished gentleman. Vice Commissioner Teele: -- who has represented this City so well, and, of course, at the appropriate time, I would ask the Mayor and the Protocol Office to give him a proper goodbye, in that he is term limited and will not be returning to Tallahassee, but Senator, are you here on official business or you're here -- Senator Ron Silver: Yes, sir. Yes, sir. Commissioner Teele: What's the item that you're -- Senator Silver: It's 8A. Carlos Gimenez (City Manager): 8A. Chairman Regalado: Let me see. Senator Silver: Thank you for your time, Commissioners. Alejandro Vilarello (City Attorney): Mr. Chairman, this -- Chairman Regalado: It's a First Reading Ordinance. You all want to do this, and then I'll do, before I leave, some of my items? OK. 8A is a first reading ordinance. Mr. City Attorney. Mr. Vilarello: Mr. Chairman, this was an item that Commissioner Gonzalez requested that I prepare and, at the same time, requested that I present to the Pension Board for their review and consideration. Ultimately, the decision made by this Commission will be the policy of -- that will be enforced by the Pension Trust. However, Commissioner Gonzalez felt that it would be appropriate to get their advice and discussion with regard to this item. We did that approximately 10 days ago. We -- the Pension Trust did not 41 May 23, 2002 approve the item that's before you. In other words, they were concerned that the exclusion provided for -- in terms of Commission staff, elected official staff, Assistant City Attorneys and department directors and assistant department directors was not the appropriate way to go forward. However, later in the day, they did discuss that they would be supportive of a benefit which would allow all members who retire, if the City wishes -- if the City Manager wishes, at some time in the future, to rehire them, that they would not be required to lose their pension checks while they were working for the City. Chairman Regalado: Commissioner Gonzalez, do you -- are you -- Commissioner Gonzalez: I'd like to move the item. I don't know if there'll be a second for discussion. Vice Commissioner Teele: I second it for first reading only, and I think that's why you have these items for first reading, so you can work them out. Commissioner Gonzalez: Right. Vice Commissioner Teele: And I'm not voting for this item on the merits. I'm voting for it to have the discussion to go forward. Vice Chairman Winton: And I hope somebody's prepared to explain what this is and does, because I don't have a clue. Mr. Vilarello: I apologize for -- maybe I'll -- let me give it one more shot, Mr. Manager, before you -- Mr. Gimenez: I could explain it, if you want. Mr. Vilarello: OK. Mr. Gimenez: But it basically says that somebody could retire from the City and collect a pension from the GESE (General Employees & Sanitation Employees) Board, and that later on, if the City decides, for whatever reason, to -- because they need those services of that individual for these particular classifications, which are unclassified -- assistant director, director, or somebody working for a Commissioner's office, an Assistant City Attorney -- that that person may be rehired and the person will continue to collect his pension check. We've had problems where we've had specific skills that we may want it brought back to the City, and you can't get that, because if they do come back, then their pension check stops; therefore, it makes no financial sense for that individual to come back to the City. Vice Chairman Winton: So, we're suggesting that that is the only person in the whole world that could really get that job done? Vice Commissioner Teele: In Miami. 42 May 23, 2002 Mr. Vilarello: Well, Commissioner, there are two issues that are associated with it. The - Chairman Regalado: Can I say something, Mr. City Attorney? I don't see it. Well, the Manager gave the technical explanation. The way I see this ordinance is that we are doing the right thing, because there is discrimination in the City of Miami. Commissioner Gonzalez: That's right. Chairman Regalado: A police officer can retire, get the pension, come back and work for the City, and get the pension and the salary. A firefighter can do the same. However, a civilian employee cannot do the same. This is wrong, so it's either they can do it or they can't do it. Mr. Gimenez: And that's correct, in terms of the executive service. In FIPO (Firefighters and Police Officers), you're allowed a -- the Chief and the Assistant Chief -- FIPO is the Police and Fire Pension -- can't come back and be a Chief or Assistant Chief after they've retired and still collect their pension check. Vice Chairman Winton: So, they can retire as the Chief? Mr. Gimenez: They can retire as a police officer -- Vice Chairman Winton: Oh, as a police officer. Mr. Gimenez: -- and they can be -- police officer or whatever rank, they can retire and then be rehired as a Police Chief, or an Assistant Chief, or a Fire Chief, or an Assistant Fire Chief and still -- or City Manager -- Commissioner Gonzalez: Well, that's the case that we had with the prior City Manager. Mr. Gimenez: -- and continue to keep their pension check. Now, in terms of me, my personal thing is, this would not -- this doesn't have anything to do with me, because I went from one system to another. I went from a uniform FIPO position to a GESE, and that's allowed, and if you went from GESE to FIPO, that would be allowed also, but the problem is that when you're a GESE employee, that you can't come back and be a GESE executive, or work for Commissioners without losing your pension, and then, in that case, it's not the same as the Police and Fire people. Vice Commissioner Teele: But you know what? Vice Chairman Winton: You don't lose your pension. You just lose your -- Mr. Gimenez: No, no, but I -- 43 May 23, 2002 Vice Chairman Winton: -- ability to withdraw the money. Mr. Gimenez: No. I don't -- my particular case is because I actually went from the uniform service to a non-uniform service. That's not the issue, but, actually, if I had stayed as a Fire Chief, I had the right to retire and then, if the City wanted to rehire me as the Fire Chief again, I could have been rehired as the Fire Chief and kept my pension. This is different than from what could happen with GESE. Vice Commissioner Teele: But you know what bothers me about this, there is a totally different scheme that could be deployed that's consistent with the federal government. There are two kinds of employees. There are contract employees and there are personnel employees. Mr. Gimenez: The problem with that -- we've also looked at that. Could we contract? And the GESE opinion is that, even if you contract a person to come back into the City, they would lose their pension; am I right? Vice Commissioner Teele: Yeah, but a contract employee is just like hiring an architectural firm or an electrical firm or any other firm. The federal government has two personnel structures. One is under the union and one is not. They can't assert jurisdiction over a contractor, a person who's an independent contractor, and it would seem to me that what we need to set up, if we don't do this, is a personnel structure that, in which a person is not an employee, but they are a contractor, just like in the federal system, and that way, they don't get their taxes taken out, they don't get this, they don't get that, and they're responsible for their employment meeting -- you know, the social security, the whole nine yards. There is two clear schemes, in addition to others -- I mean, you have the FSO, you have the Diplomatic Core, you have all of that, but you have a dual track personnel scheme in the government in which you are given a purchase order, you know - - and I could tell you, when I worked for -- as head of the transition team for the President, they gave me a purchase order, they gave me a daily rate, and that was what you submit. You submitted invoice against that purchase order every two weeks, and that has nothing to do with the union, so, I mean, I think we ought to explore another way to do the same thing. I'm not against what we're saying here, but I don't think we should let a union pension fund determine who we hire or, for that matter, the kind of news story that "The Miami Herald" is likely to make this. Commissioner Gonzalez: The problem is that -- Chairman Regalado: Go ahead. Commissioner Gonzalez: -- the situation that we're referring is the situation that has been going on in the City of Miami for ages, OK. Our Ex -- I don't know what his last position was, if it was Chief of Police or -- I think he was City Manager, right? Our Ex- City Manager was a Police Chief for so many years, then he was hired as -- he retired as a Police Chief, then he was hired as a City Manager, and at one point, we even went to the extent, we even went to the extent, in this City, OK, of having one person having two 44 May 23, 2002 positions at the same time, OK. He was Police Chief and he was City Manager. We have an Assistant Chief of Police in the Police Department at this time, who is retired and who has been brought back to the Police Department under contract, which I don't have a problem against that, but what I say is that, what is good for the goose, it should be good for the gander, OK. Our City Manager is probably retired from -- are you retired from the Police Department? Vice Commissioner Teele: Fire Department. Commissioner Gonzalez: From the Fire Department? Mr. Gimenez: No, no, Fire Department. Commissioner Gonzalez: From the Fire Department, and he's collecting pension and he's collecting salary. Our present Police Chief was a police -- a Deputy Chief. He was promoted to Assistant City Manager, then he went back to the Police Department, so for a certain group of people, we can do in this City anything and everything, but some other people, we cannot do that, and that is discrimination here, in China, in Russia, in Spain, in Tallahassee, in Washington. That's discrimination. Everybody should go by the same rule. Chairman Regalado: I agree. Commissioner Gonzalez: And the way to change it is a way of the Commission acting on this matter, because why should anybody -- why should any union, OK, prohibit me from hiring a person that was a City employee for so many years, and because of me hiring that person, is that person losing his pension to work for less salary, we have another option. We have another option. We have to adjust the budget so our employees can make a decent salary, as everybody in the upper level of administration, and then everybody be happy. Commissioner Winton: Can I make -- I need a point of clarification, because you've said it and the Manager said it twice. Unidentified Speaker: Yeah. Vice Chairman Winton: They lose their pension. What do you -- Commissioner Gonzalez: They won't be able to collect their pension. Vice Chairman Winton: They don't lose their pension Mr. Gimenez: Their pension -- yes, their pension checks stop. Commissioner Gonzalez: But they won't be able to collect it. It stops. 45 May 23, 2002 Vice Chairman Winton: Well, there's this huge difference here. What you two are saying is not fact. They don't lose their pension. They only lose their ability to collect their pension at that point in time. Commissioner Gonzalez: Yeah (INAUDIBLE). Vice Chairman Winton: Their pension stays right there, and when they stop being whatever they're being again, they collect their pension. Commissioner Gonzalez: Yeah, but is that fair for some people, and then other people can't collect the pension and the salary? Vice Chairman Winton: I don't like the first round, never mind adding more to it. I don't even like the first way we do it, never mind adding more people to being able to do it, but I just wanted to make the record straight here, because this is about -- this isn't about -- I'm not, right now, talking about the pros or cons. I just want the record to be straight, that these people are not losing their pensions (INAUDIBLE) keep saying (INAUDIBLE). Commissioner Gonzalez: Their checks will be stopped -- Vice Chairman Winton: That's right. Commissioner Gonzalez: -- while they are working for the City again. Vice Chairman Winton: Now, I understand. Chairman Regalado: Commissioner -- Commissioner Gonzalez: Another group of people are collecting $250,000 in monies between pensions and salaries. Chairman Regalado: Commissioner, can I ask -- Commissioner Gonzalez: OK. Chairman Regalado: Can I ask one question, because maybe Johnny is right and maybe Angel is right. He's saying, you don't lose your pension, OK, but my -- because when you leave the City again, you go back and collect the pension. However, my question is, when they leave the City, would they be able to get a bulk sum of money of that pension, who did not -- who -- so, they lose their pension, so they lose the pension for several months or several years. Vice Chairman Winton: No, they don't. They lose only their ability to draw down their pension. That's not losing a pension. 46 May 23, 2002 Chairman Regalado: But they lose their money. Vice Chairman Winton: They only lose their ability to draw it down then. They draw it down later. They don't have a reduction in pension funds. Mr. Gimenez: No, no, no. No, he's getting -- no, he's getting -- no, he does -- there is a reduction in -- what happens is, let's say you're getting, you know, $5,000 a month in your pension check. For the period of time that you are employed as a City -- you're back in the City, you lose those $5,000. Chairman Regalado: That's what I'm saying. That's what I'm saying. Mr. Gimenez: When you go back, you don't recoup what you've -- what they stopped paying you. Chairman Regalado: You lose that money. Mr. Gimenez: So, you do lose. Unidentified Speaker: You go back to the five thousand. Chairman Regalado: You lose that money -- Mr. Gimenez: You go back to the five thousand -- Unidentified Speaker: Right. Mr. Gimenez: -- and you just keep rocking, you know, after that. Chairman Regalado: You lose that money because you're going to die the same day that you were going to die had you collected the pension, so -- Mr. Cox: No, no. Vice Chairman Winton: Charlie is saying no. Let's hear -- I'd like to hear from Charlie Cox. Charlie Cox: You know what -- Charlie Cox, 4011 West Flagler Street, and I take some real exceptions here to what is being said. Number 1 is, Mr. Gimenez does not belong to GESE, that he stated he belongs to. He belongs to an ICMA (International City Management Association) as coming back as a City Manager, because the City chose to exclude executives out of our pension plan again. Mr. Gimenez: I could have chosen to go into GESE if I wanted to, OK? 47 May 23, 2002 Mr. Cox: But the City chose to give the executives a choice again to get out. Now, two Commissioners have sat up here and said the union, the union, the union. The union did not break this pension plan; this City did, and the elected officials at that time broke this City plan. I wear two hats. Number 1 is, I represent between 95 percent of the members in our pension plan, and you know what? I look out for the good of every member in that pension plan, whether they're unclassified, or executive or not executive. You know, I love it when people get up here and say things that are not true. You've got one person out there that came back to work for this City, which is Clarence Patterson. Clarence Patterson's pension was stopped. He has since, since he's been back to the City, contributed another forty, fifty thousand dollars to that pension plan, and his benefits, say was $5,000 -- we love this $5,000 number -- is no longer going to be $5,000. It's going to be $10,000 probably when he goes back and retires. I have no objection to what you all are trying to do, but I will tell you this: That it is discriminatory, the same discriminatory you're talking about what happens with Police and Fire. A few -- this originally started out with Commissioner Gonzalez. The attorneys got included in it. Now, the executives got included in it. Well, I'm going to stand before you and now the big bad union, all of a sudden, is going to say something that, you know what? If I represent 95 percent of the people in that plan, and 95 percent of the costs -- because you guys ain't paying it; we are -- then I'm damn sure going to say something and that's: I want to be included for every person I represent. If you're going to include all of these other people, then you're going to include me, because my people do not have a choice to belong to an ICMA or anything else. My people do not have a choice to make that choice. They lose 10 percent of their pay, and all of you, since the time you start out at an 18 -year old or a 19 -year old, take 10 percent out of your pay and see what that means to raising your family. See, everybody forgets that. We get such great deals. Well, you know what? Most of us puts in a hundred, a hundred and fifty, two hundred thousand dollars during our career here, that we don't have access to that money. Now, I don't care if you want to do this, and I've said that all along, but if you're going to do it, then you need to include us, because I will tell you, I believe this is discriminatory, and there are plenty pension attorneys out there that will come to my aide and sue the City again. Is that what we want? If you're going to do it, do it for one. You're saying it's discriminatory on Police and Fire, then include, not only all of my people, but all of the Solid Waste people that pick up garbage and everything else. Everyone needs to be included. That's all I ask. Commissioner Gonzalez: Well, I don't know. I tend to have to agree with you, because, you know, we're talking about "One City. One Future," one whatever. If that is the case, then let's make it one, you know. Everybody goes by the same rule. Chairman Regalado: I agree. Commissioner Gonzalez: But -- and I agree with you, and let me tell you. In the case of Mr. Patterson, OK, how much was Mr. Patterson collecting on pension? Mr. Cox: When he left? Commissioner Gonzalez: Yes. 48 May 23, 2002 Mr. Cox: I mean -- you know what? Number 1 is, I don't -- Mr. Vilarello: Yeah, we really shouldn't be talking about that. Mr. Cox: -- feel it's proper to discuss that. Commissioner Gonzalez: Just give me a rough, OK? Commissioner Sanchez: I think it's -- Mr. Cox: I don't know, but he was under a different multiplier and now he comes back in higher. Commissioner Gonzalez: But you compare pears and apples, OK. The salary that that person was collecting was very, very, very --- Mr. Cox: Very low. Commissioner Gonzalez: -- under the -- Mr. Cox: Correct. Commissioner Gonzalez: -- salary that he started making. Mr. Cox: Correct. Commissioner Gonzalez: -- whenever he got back -- Mr. Cox: Correct. Commissioner Gonzalez: So, it was a good deal. Let me not collect my pension, and collect the salary. Mr. Cox: But we've had other people that have refused to go back -- Commissioner Gonzalez: You know, and this -- Mr. Cox: -- because they didn't want to lose their pension. Commissioner Gonzalez: It's not a reflection -- Mr. Cox: We have other people -- Commissioner Gonzalez: -- of Mr. Patterson. 49 May 23, 2002 Mr. Cox: No. Commissioner Gonzalez: I agreed a hundred percent with what we did, and as a matter of fact, you know, you're talking -- it's discriminatory, and I believe that everybody should have the same rights -- Mr. Cox: Yes. Commissioner Gonzalez: -- because everyone, everyone out there is working for the same employer. The employer is the City of Miami, and there should be no reason why you should treat people different -- Vice Chairman Winton: Well, except -- Commissioner Gonzalez: -- because some people wear a uniform and other people don't. Vice Chairman Winton: Except there's a major significant difference here, and that statement is not accurate, at all. Commissioner Gonzalez: Well. Vice Chairman Winton: Because these -- I'm telling you, by law -- Commissioner Gonzalez: We can agree to disagree. Vice Chairman Winton: -- by law -- excuse me -- by law, there are certain groups of employees represented by their bargaining unit, and their bargaining unit determines, in negotiations with the City Manager, that we then ratify or approve what that group of benefits is, so it isn't one -shoe -fits -all necessarily. It's about negotiations in a bargaining unit -- Mr. Cox: When it comes to pension -- Commissioner Sanchez: Mr. Chairman -- Commissioner Gonzalez: This is not a matter -- Vice Chairman Winton: -- set by law. Commissioner Gonzalez: This is not a matter -- Mr. Cox: Johnny, when it comes to pension -- Commissioner Gonzalez: We're not talking a matter of benefit. Mr. Cox: -- it has to be the same for everybody. 50 May 23, 2002 Commissioner Gonzalez: We're talking about a matter of people having the right to work; having the right to retire at one point and come back to work for the same employer, and, you know -- and many things has been done here in the past that we've been trying to change, and I'm sure that the Commission and the Mayor wants to change. It's the same case of the Solid Waste workers, OK. They were beaten and mistreated and marginated for years and years and years, until now -- Vice Chairman Winton: By including -- Commissioner Gonzalez: -- that they receive -- Vice Chairman Winton: -- their own bargaininging unit that did the negotiations. Commissioner Gonzalez: Now -- Vice Chairman Winton: So, this isn't all a management issue. Commissioner Sanchez: Mr. Chairman. Vice Chairman Winton: A management's job is to negotiate that. Commissioner Gonzalez: It might have been the bargaining unit. The bargaining unit -- Chairman Regalado: Remember -- Commissioner Gonzalez: You know -- Chairman Regalado: Commissioner -- Commissioner Gonzalez: -- it was the desire of the administration to come to terms and make sure that those people finally, at one point, were treated equally and were treated with justice, OK? Chairman Regalado: Commissioners, this is first reading. Commissioner Sanchez: Mr. Chairman, I would like to -- Chairman Regalado: Yes, sir. Vice Chairman Winton: Sounds like a socialist deal. Commissioner Sanchez: I would like to hear from the Attorney. Mr. Cox: Thank you. 51 May 23, 2002 Ron Silver: I'm Ron Silver, address is 12000 Biscayne Boulevard. Commissioner Gonzalez: Well, let me tell you, let me tell you. I'm far, far, far from being a socialist. There is more, more -- a lot more people here more socialist than I am, OK, so don't -- Vice Chairman Winton: No, I'm not calling you a socialist. Commissioner Gonzalez: OK, OK. You know, let's -- OK. Commissioner Sanchez: Come on. Mr. Silver, please. Senator Silver: Thank you. Thank you. Chairman Regalado: Don't go there, don't go there. Vice Chairman Winton: That's in some other -- Commissioner Sanchez: He was cheering. Chairman Regalado: He was cheering for George Bush there on Monday. Vice Chairman Winton: And I saw him. Chairman Regalado: He's not a socialist. He's a right center person. Senator Silver: Thank you, Mr. Chairman. Chairman Regalado: Mr. Attorney, go ahead, sir. Senator Silver: Thank you. Ron Silver, 12000 Biscayne Boulevard. First of all, I want to make sure everybody understands that there's two different entities here. Number 1, I represent the Board of Trustees of the pension fund, OK? Reference was made that this was a union fund. Well, that's not the case, at all. These are people that are made up of both members appointed by the Commission, members appointed by the Labor Unions, OK, and a City Manager appointee on there, so we're trustees and we have fiduciary responsibilities, which transgress whether you're a part of union or management, so -- Me and Mr. Cox differ. He's a -- you know, he's on a -- he represents the union; I represent the Board of Trustees. What the board of trustees -- my purpose here today was just to tell you what the action the board of trustees took, and Commissioner Gonzalez, I want to thank you and I want to thank the City Attorney for giving us the opportunity just to express our opinion, and we recognize that this is a policy decision to be made by the Commission, but you sought our advice and you came down, and we appreciate that very much. What we did do is -- you know, the Manager or the City Attorney reported was, we took a vote first and, and as the proposal stands now on first reading, we were opposed to that. However, a later vote was taken, which stated that if all the members 52 May 23, 2002 were allowed to take advantage of this particular provision, that the board would not be opposed to that. In fact, they would be in favor of that and they would support that. That's what the board of trustees did. That's my sole purpose on being here, to advise you as far as an advisory -- Vice Chairman Winton: What's "all the members"? Commissioner Teele: What is "all the members"? Vice Chairman Winton: What is "all the members"? Senator Silver: All the members of GESE. All the members being able to take advantage of the fact that if they want to -- the City wanted them to come back and work after they retired, that they would be in favor of allowing all the members to participate in that. Not only the limited amount of people that you have -- Vice Chairman Winton: Which one is GESE? Senator Silver: General Employees and Sanitation Employees Retirement Plan. FIPO's Police and Fire. Commissioner Sanchez: And they're allowed to do that. (INAUDIBLE). Mr. Gimenez: Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: What would be the position of GESE? Maybe what Commission Teele was suggesting may be the right thing to do, in terms of contract employees, and opening up to contract employees, because right now, you don't allow even contract employees to collect their pension. Senator Silver: I couldn't tell you what the position is. I would be willing to go back to the board and find out what their position would be on that, but I -- again, I think this Commission could write the ordinance any way that it desired to do that. If the Commission desired that only contract employees would be eligible for this, then that's the way it would be. This is a decision to be made by the Commission. Vice Chairman Winton: Is there a cost -- Senator Silver: -- against (UNINTELLIGIBLE) ordinance. Vice Chairman Winton: -- to the City? Senator Silver: Can I just address that? We have asked our actuary to take into account the various scenarios, to come back and report to us what the cost of this should be. 53 May 23, 2002 Chairman Regalado: Senator, I have a question. Senator Silver: Yes. Vice Chairman Winton: Well, he's still answering mine, isn't he? Chairman Regalado: Oh, I'm sorry, I'm sorry. I thought -- Senator Silver: No. I would doubt -- Vice Chairman Winton: I mean, I'm still -- Mr. Gimenez: I would doubt that there be -- if the cost is anything, it would be negligible because the way that the ordinance is drafted today, an individual who may come back in one of those positions would not be accruing any more benefits from their pension, so, therefore, the person could be working at Sears, for all they care. They'd still be getting their pension benefits. If they're working here, they're not accruing any more pension benefits, I don't understand why there would be any financial impact to this, at all. Mr. Vilarello: Mr. Chairman, if I could, just for a moment, before we get into a debate as to whether it will or it won't cost. Before second reading, you will have the actuarial report that will describe to you the cost of the various scenarios, so that you're informed - Vice Chairman Winton: Who will provide that? Mr. Vilarello: Pardon me? Well, the pension board is ordering the actuarial study and, unless we object to it, we can certainly use that same actuarial report to provide you the information on the cost associated with the benefit, including the various scenarios. Chairman Regalado: But one question: Does the City or the pension plan, they have to follow the actuary? Mr. Vilarello: We all -- yes, we all have to follow the actuarial. Do we have to -- Chairman Regalado: Who's "all"? Wait a minute. Who's "all"? Mr. Vilarello: I'm sorry. Do you mean, do we have to agree with theirs? Chairman Regalado: To adhere to what the actuary say? Mr. Vilarello: We have to process -- Chairman Regalado: We have to follow the spirit and the letter of the actuary? 54 May 23, 2002 Mr. Vilarello: The State law requires that all our pension funds be actuarially funded, so there is a process -- if the pension trust actuary and an actuary retained by the City disagree, there's a process to get to a conclusion -- to arbitrate to a conclusion between the two distinct opinions from actuaries, but, yes, our pension -- Chairman Regalado: But I'm -- Mr. City Attorney, I'm confused because I believe the press. I really do. There have been two articles regarding the pension for former mayor Joe Carollo. Now, the actuary of the City said that the maximum that he can get when -- if he retired before the end of 2001, was $42,000 a year. However, the press says that Mayor Carollo received a pension, a yearly pension of $112,000. One article said that; the other said, $120,000, so who's right? Mr. Manager, how much -- Mr. Gimenez: Well, the -- what that memo actually said is that, there is a thing called "415," which is, 415 limits the amount of money that somebody can make, and they do it in terms -- there's a scale in terms of age, et cetera, of how much the benefits can be. That has got -- that is not the same thing as what an individual earns or is entitled to under our own ordinances. There was -- this was a law, and it's a little bit complicated (UNINTELLIGIBLE) how to explain it to you, but 415 limits -- Chairman Regalado: You can explain it, but I don't understand it. Mr. Gimenez: The actuary said that actually that 40,000 was the 415 limits. That was not, though, what the mayor is entitled to, and all three pension systems -- FIPO and GESE and the elected officers -- have what's called a Excess Benefit Program, so that if somebody hits the 415 limits, there's an Excess Benefit Program that then makes the difference up between what the individual's entitled to under the pension ordinance, and what the 415 limits are, and there are a number of people that hit those 415 limits and they have to go over into the Excess Benefit Program. Senator Silver: Mr. Chairman -- Mr. Gimenez: And Mayor Carollo was one of them. Chairman Regalado: But how much he makes a year? Mr. Gimenez: I think he makes something between 110 and 120 on his pension, and, again, that is -- Chairman Regalado: $110,000? Mr. Gimenez: He makes $112,000 on his pension, and the reason why it got to be that high -- because the mayor only makes 97-- is because the ordinance says that it's what the best -- the best of the last three years, and if you recall, Mayor Carollo had a back pay -- got a lump sum payment for back pay for the time that he wasn't here, and so that all came in under one year and it raised his salary, for W-2 purposes, for that one year. 55 May 23, 2002 Vice Chairman Winton: And just so you all understand, that very point, which was made so clearly, is the point that I've made over and over again, where I've encouraged the new Mayor, through Linda Haskins, to hire whatever appropriate consultants we need to understand what the impact of these pension rules that somebody created around here will be on our City's finances long-term. I mean, that -- and Carollo -- Commissioner Teele: Joe Carollo -- Vice Chairman Winton: -- is not the only guy that took advantage of that. Commissioner Teele: Joe Carollo -- Vice Chairman Winton: I hear that a lot. Commissioner Teele: Joe Carollo is a great American. This guy, let me tell you, he got how much? He gets how much? Vice Chairman Winton: But he's -- Mr. Gimenez: The reason that it was -- Commissioner Teele: I swear to God, I thought it was like thirty-eight thousand. Vice Chairman Winton: Joe Carollo is not the only guy that -- Mr. Gimenez: No. Well, if you recall, the mayor gets like a $97,000 a year salary, so it's based on the salary. In that one year, because the got the retroactive pay, it bumped up his W-2 to well over $150,000. Vice Chairman Winton: And you can sell back your sick time. You can sell back your vacation time. You can sell all that in the very last year. Commissioner Teele: Yeah, but, see, Johnny, this is why we've got to get control of what's really going on because this has been a fraternity -- this is the same thing that happened in New York with the transit drivers. All those bus drivers -- Vice Chairman Winton: My point. Commissioner Teele: -- paid forty-eight thousand until the last year. They had a last -- the high year -- the high last year, and all of them worked double time, triple time; they bought back their sick time and all that. All those guys were retiring at ninety and a hundred thousand dollars a year. Vice Chairman Winton: And the taxpayers of this City pay that forever. 56 May 23, 2002 Mr. Gimenez: Commissioner, I have just one correction. Vacation and sick time, even if you sell it back, is not rolled into your pension calculations. Senator Silver: Mr. Chairman, could I -- Vice Chairman Winton: As I stand corrected. Senator Silver: Mr. Chairman, could I -- Chairman Regalado: Yes, sir. Yes, Senator. Commissioner Teele: I take back the distinguished senator and all that stuff. Senator Silver: Well, let me just -- OK. Well, first of all, I just want you to know this: There is a distinction to be made here, OK. The General Employees and Sanitation Employees Plan and the Police and Fire Plan do not allow what you're talking about. That's a separate pension plan for elected officials, OK, that the Commission passes, all right. That has nothing to do with the regular employees of this City, so I want to make sure that everybody doesn't go a little, you know, crazy -- Chairman Regalado: Oh, we know. We know, but since -- Senator Silver: Well, I just want to make sure. Chairman Regalado: -- we were discussing -- Senator Silver: Yeah. Chairman Regalado: -- the pension and the actuary -- you mentioned actuary. Senator Silver: Right. Chairman Regalado: I read an actuary that said that the former mayor; the limit that he could get was $42,500. The actuary said that, so --because you mentioned -- Senator Silver: Right. Chairman Regalado: -- the actuary, that's what I said. You know, should we follow the actuary or should we follow, you know, our will to be gracious with other people's money, you know. Senator Silver: Well, I just wanted to make sure everybody understood that that's not what happens to the -- Chairman Regalado: No. 57 May 23, 2002 Senator Silver: -- regular employees of the City. Chairman Regalado: Thank you. OK. We have -- Senator Silver: Regular employees. Chairman Regalado: -- a motion, first reading ordinance. We have a motion and a second. This is first reading. Read the ordinance. Roll call. An Ordinance Entitled — AN 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 EXCLUDE APPOINTED CITY COMMISSION OFFICE STAFF, HEADS OF DEPARTMENTS AND THEIR ASSISTANTS, AND ASSISTANT CITY ATTORNEYS FROM ITS PENSION FORFEITURE PROVISIONS; MORE PARTICULARLY BY AMENDING SECTION 40-255(K); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.. was introduced by Commissioner Gonzalez, 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: Vice Chairman Johnny L. Winton ABSENT: None. The ordinance was read by title into the public record by the City Attorney. (COMMENTS MADE DURING ROLL CALL:) Commissioner Teele: For first reading only, yes. Vice Chairman Winton: For first reading, and probably second reading, no. (COMMENTS MADE AFTER ROLL CALL:) 58 May 23, 2002 Senator Silver: Thank you. Chairman Regalado: I -- thank you very much, Senator. Senator Silver: Thank you. Thank you. Chairman Regalado: Thank you. I have several items and people waiting here. I really have to go do the TV (television) program, and I apologize to the people for this item, but Mr. Vice Chairman, I have to leave and -- just a note, so when you decide to come back at 2:30, members of the City Commission are invited to visit the display in front of the City Hall of the raft, and then, after that, we can come back, so if you decide for 3 p.m., we can come back at 3 p.m. We have two time certain after 3 p.m.: One at 3 p.m., the Haitian Roots and Culture Festival, and then the Greater Miami Convention and Visitors Bureau. Immediately after that, if you allow me, I would do some of my blue pages; is that -- Vice Chairman Winton: So, I guess -- Chairman Regalado: 2:30, 2:30 -- Vice Chairman Winton: That's fine. Chairman Regalado: -- the Raft? Vice Chairman Winton: Yes, and 3 o'clock -- Chairman Regalado: And then 3 o'clock, if we come -- Vice Chairman Winton: Perfect, perfect. Chairman Regalado: Thank you. Vice Chairman Winton: And you're going to leave now? Chairman Regalado: Yes, sir. Note for the Record: Chairman Regalado left at 11:45 a.m. 59 May 23, 2002 10. APPROVE ADMINISTRATION'S RECOMMENDATION NOT TO ENTER INTO RATE LOCK AGREEMENT AS IT RELATES TO ISSUANCE OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BONDS. Vice Chairman Winton: Mr. City Attorney, you're saying we need to have the discussion on rate lock? Alejandro Vilarello (City Attorney): Yes. We'd like to have the discussion on the consideration of whether or not the Commission is interested in acquiring a rate lock agreement for the new money -- a bond issue. If that discussion takes place, hopefully this morning, it'll be described to you; you'll consider it; the financial advisor will have an opportunity to come back this afternoon or, perhaps, now and address that issue for you, but if we can do that before the lunch break, they can do some work for you over the lunch break. Commissioner Teele: That'll be great, Mr. Chair. Vice Chairman Winton: OK. Who's going to start this discussion? Robert Nachlinger: Thank you, Commissioners. Bob Nachlinger, Assistant Manager. We have been working to get this rate lock agreement finalized. AT this point, we're -- the interest rates have gone down since our last discussion, and based on the current interest rates, we can probably issue bonds with a project size of a hundred and thirty million dollars, at -- actual deposit to the construction fund. If we enter this rate lock agreement, the proposed fee is 15 basis points, with each basis point or one one hundredth of one percent, equivalent to a hundred and fifty thousand dollars -- actually, it's slightly less than a hundred and fifty thousand dollars, so the 15 basis point bid from the provider essentially is two and a quarter million dollars. If we enter this agreement, we're guaranteeing a project size, at this point, of one twenty-seven, seven fifty, a hundred and twenty million, seven hundred and fifty thousand dollars. That amount does not change, no matter what happens to interest rates. If rates go up 50 basis points, we would receive a payment from the underwriters of five million, two hundred and fifty thousand, but our ability to issue bonds at that higher rate would be reduced to a hundred and twenty-two and a half million, and we would wind up with project size of a hundred and twenty-seven, seven fifty. If rates go up 15 basis points, which is the amount that they're bidding, no payment is due from either party, and the amount of bonds that we could issue would give us a project size of one twenty-seven, seven fifty. If rates go down by 50 basis points, we owe Morgan Stanley a payment of nine million, seven hundred and fifty thousand dollars. However, our ability to issue bonds goes up seven and a half million dollars, and we wind up with a project size of a hundred twenty-seven, seven fifty. So, essentially, this rate lock agreement will guarantee us a project size at that level of one twenty-seven, seven fifty. On the flip side, if we don't enter the agreement, we have no guarantee of what the project size would be. Currently, it's a hundred and thirty million. The same numbers apply. If we have a 50 basis point increase in the interest rate, then the project size goes down by seven and a half million to 60 May 23, 2002 a hundred and twenty-two and a half million dollars. If rates go down by an equivalent 50 basis points, our ability to issue bonds goes up and we are at one thirty-seven and a half million dollars. Vice Chairman Winton: So, seven and a half million dollars is a 50 basis point swing? Mr. Nachlinger: Exactly. Vice Chairman Winton: OK. Mr. Nachlinger: This derivative product that we're talking about will guarantee us a project size of one twenty-seven, seven fifty, which is substantially in excess of a hundred and six million that the Commission wanted. Vice Chairman Winton: If we don't lock now, what's the soon -- and we go through our process here -- what's the soonest we could get to the point where we could just lock the rate under normal circumstances? I mean -- Mr. Nachlinger: That would be when we would actually sell the bonds, and currently, I'm trying to get the deal closed and sold by July 31 st. Vice Chairman Winton: So, we've got interest rate ex -- if we don't lock, we have interest rate exposure between now and July 31st, which is -- Mr. Nachlinger: Slightly over two months. Vice Chairman Winton: Two months. And by -- how much did rates drop since -- when did we have this discussion, a month ago? Mr. Nachlinger: We had the discussion a month ago. During the interim time, rates have gone up by about 10 basis points overall, and then they came back down 10 basis points, and we're effectively at the same point we were a month ago, and every time the news comes out, if industrial production is up, your rates are going to go up because people now think the economy is doing better. If unemployment rates are up, people don't think the economy is doing as well and rates go down. Vice Chairman Winton: So I'm clear on this, every 50 basis points swing, up or down, has a seven and a half million dollar impact? Mr. Nachlinger: Correct. Vice Chairman Winton: But that isn't a total -- that's the impact in terms of the amount we can bond out. Mr. Nachlinger: Exactly. 61 May 23, 2002 Vice Chairman Winton: What's the cost to us, the cash cost with the same kind of swing? I mean, is there a -- don't we have to pay -- don't we also have to pay a fee for this rate lock? Mr. Nachlinger: Certainly, and that's the 15 basis points or -- Vice Chairman Winton: Period. Mr. Nachlinger: -- or two and a quarter million dollars. Vice Chairman Winton: OK. That's what I wanted to understand. OK. So it's a two and a -- two and a quarter million dollar fee, no matter what happens. Mr. Nachlinger: Exactly. Vice Chairman Winton: That's going to be the fee for locking in. Commissioner Sanchez: But are we locking rates or not? Carlos Gimenez (City Manager): No, but wasn't there -- Commissioner Sanchez: Are we locking rates or not? Vice Chairman Winton: Oh, yeah. Mr. Gimenez: Well, I thought I heard that at somehow, if the rate goes down 50 basis points, there is more that is due to them, not just the two and a half -- Mr. Nachlinger: Oh, absolutely. If rates go down 50 basis points -- Vice Chairman Winton: How many, 50 or 15? Mr. Nachlinger: 50. Vice Chairman Winton: Five zero? Mr. Nachlinger: Five zero. Vice Chairman Winton: OK. Mr. Nachlinger: We're currently accepting a rate lock agreement, which adds 15 basis points to our current rates, so now we're looking at a swing of 65 basis points from the rate lock agreement base of now plus 15 basis points and then a reduction of 50, and that total is nine million, seven hundred and fifty thousand, and that would be a payment from the City to the underwriter or the rate lock provider. My concern -- -- 62 May 23, 2002 Vice Chairman Winton: It would cost nine and a half million dollars, but -- Mr. Nachlinger: But our ability to issue bonds -- Vice Chairman Winton: -- our bonding capacity goes to what? Mr. Nachlinger: Goes up by seven and a half million dollars, and our net is one twenty- seven, seven fifty. Mr. Gimenez: I guess what you're saying is that we pay two million something, and then we're locked at 127, and it goes up; it goes down. We're at 127. However, if it goes down more than a certain amount, then we still got 127. They would make up the difference. If the rates go down and we would actually been able to issue more money, like 137, we would still only issue 127, but they would get like nine million dollars. Mr. Nachlinger: No. Actually, we would, at that point, issue a hundred and thirty-seven million, and, quite frankly, this is my real concern about this. We have an authorization from the voters of two hundred and fifty-five million dollars, and if, in fact, rates were to go down and we -- that 50 basis points, and we would owe them a payment of nine and three quarter million, we would be issuing bonds totaling a hundred and thirty-seven plus million dollars or maybe even up to a hundred and forty, and having a net project size of one twenty-seven -- Mr. Gimenez: One twenty-seven -- Mr. Nachlinger: -- seven fifty. Vice Chairman Winton: Yeah, right. Commissioner Teele: Mr. Nachlinger. Mr. Nachlinger: Yes, sir. Commissioner Teele: What is your recommendation? You previously recommended the rate swap -- or the rate lock. Mr. Nachlinger: I suggested it, sir -- Commissioner Teele: I hear now something a little bit different, so why don't you make it very clear -- let us hear from the financial advisor, and then let us make the decision. Mr. Nachlinger: My recommendation is not to undertake the transaction, and that's different. I will freely admit to you that what I mentioned to you at the Commission meeting a month ago, when the consensus opinion, nationwide, was that interest rates were going to go up in June, which is what everyone thought that the Federal Reserve was going to do. Since that time, the numbers in the economy have been coming out. 63 May 23, 2002 The consensus opinion from every economist that I've read is that the Federal Reserve will not make any moves in the rates until sometime during the month of August, at the earliest. Vice Chairman Winton: Well, that's what the experts are saying, so now it's going to go up. Mr. Nachlinger: Could be. At this time, Frank Hall, the Financial Advisor, will talk to you. Frank Hall: Thanks, Bob. Good morning. Frank Hall, with Fidelity Financial Services, Co -Financial Advisor to the City. Craig Dunlap, from Dunlap and Associates, was here earlier and had to leave for a meeting in Palm Beach County. Most of what Bob has said, I agree with -- Craig and I agree with, but I think it's one thing we all probably should want to keep in mind. Unlike most transactions, where the interest rate concept has been utilized, where they were really concerned about which direction interest rates were going and trying to guess whether interest rates are going up or down, OK, this situation is somewhat different and unique, and it's unique in that what you're -- we're -- the direction -- the sense we got early on, you were interested -- the Commission was interested in being guaranteed that a certain amount -- at the time, I think it was between a hundred and twenty-five and a hundred and thirty million dollars would be available to go into a, quote, "project fund". If you continue, from our perspective, to look at it that way, there is only one way to really guarantee a certain amount to be available to go into the project fund, and that is, if you look at utilizing an instrument like interest rate lock. Again, Craig Dunlap and myself, we're not trying to guess where interest rates are going. We don't have a clue. We really don't have a clue where it's going. We know what economists are predicting, but personally, we don't know, but if you're really interested in locking in or guaranteeing yourself, if you will, that a certain minimum amount would be available to go into the project fund, interest rate lock is something you may want to consider. Now, in talking to Bob earlier today, it was expressed to us that the hundred and twenty-five million, hundred thirty million dollar project fund amount may not be the amount you really need or really -- or you really shooting for. I think Bob mentioned something like a hundred and six, a hundred and seven million. Now, in all candor, if you really shooting to have -- somewhere in the area of a hundred and six or a hundred and seven million dollars available in the project fund when its financing is all completed, if that's true, well, I'll side with Bob. You probably got enough latitude now, interest rate wise, where it would make sense not to move forward with the interest rate lock scenario. Because of the capacity you have, you can very well produce the hundred and six, hundred and seven million dollars. Now, I wouldn't -- again, would not consider interest rate lock, but again, a hundred twenty-five, hundred twenty-seven, hundred thirty million, I think you definitely would want to consider some instrument, if you want to stay to that. Commissioner Teele: Mr. Chairman. 64 May 23, 2002 Mr. Hall: One other thing. As far as rate, the number -- the basis points Morgan Stanley is proposing to charge -- as Bob is very much aware -- Craig Dunlap and I have been working with Morgan since we last was here on the rate. They initially started in the area of 20 basis points, if I recall directly, and finally got it down to the area of -- most recently got it down to the area of 15 basis points. As I stand here now, we have feelers out with sources or relationships where we are checking that 15 basis points now. I've received one response back already. I would prefer not to share it with you, but we are in the process of doing checking right now. Vice Chairman Winton: So, you're suggesting that -- are you suggesting that the 15 basis point fee may come down through further negotiation and checking? Mr. Hall: No. The only thing at this point, what I'm suggesting or commenting on is, as promised, today, as Morgan was proposing their fee, that we would be prepared to do some checking around to compare others to that. Vice Chairman Winton: Commissioner Teele. Commissioner Teele: Three quick questions. Number one, I think it's unfortunate that you weren't at the workshop, because I'm really disturbed if Bob said exactly what you said about a hundred and six to a hundred and five. The Manager did make that recommendation in that range. One hundred and six million dollars will have this Commission literally in a circle fighting among each other, and I think anybody who communicates to you that this Commission, as a matter of policy, is interested in a hundred and six million, hundred a four million, when we -- was either not at the meeting or has, to some extent, given you the management recommendation, but certainly not the policy recommendation that we went through. When we started that discussion, the Manager did recommend at a hundred and five to a hundred and six. I have a distinct recollection. When we left that meeting, we were at a minimum of a hundred and nineteen to a hundred and twenty-seven. That was where we left, when we did everything, so that is a policy decision, and if Mr. Nachlinger did not communicate the correct policy decision, I would appreciate if someone on the staff would provide you, in writing, with the last definitive vote on the policy decision that we have made on that. That's number one. Number two -- and it's unfortunate that you weren't at that meeting, because I think the financial advisor is the one person, along with the Assistant Manager for Finance, that should be a part of the policy discussions that we're having. Mr. Hall: Hopefully, you're aware, we offered to attend. Commissioner Teele: I'm not aware. I specifically asked at the meeting where you all were. I was told you were coming the next day, which, I assume, was just because we not -- are not a big enough issue or a big enough City for -- to get your full attention. Mr. Hall: Than an erroneous assumption. 65 May 23, 2002 Commissioner Teele: All right. Well, I'm glad you're correcting it, but we really do need to do a better job in communicating, because the pol -- you need to hear what the policy decisions are if you're making a recommendation. On the other hand -- I mean, I have said repeatedly, I am not prepared to recommend overruling the Manager or the Assistant Manager for Finance, unless there is a very, very, very good reason, and I've not heard that good reason, except for the fact that we all are in agreement that a hundred and nineteen to a hundred and twenty-five, a hundred twenty-seven is the number that we're looking for, and I think, if you get below a hundred and nineteen, I think you're going to have some very, very concerned Commissioners, especially since we just approved the District 3 numbers this morning, so -- that is assuming, I think, a hundred and nineteen million. Mr. Gimenez: Well, the one nineteen -- actually, up to one twenty-three includes those lists -- the list of the priority items. Commissioner Teele: Yeah, the one twenty-three. Mr. Gimenez: So there's more funds -- right. Commissioner Teele: That's correct, the one twenty-three. Anything below one twenty- three, I think does real violence to us in terms -- Mr. Gimenez: Well, the way that I looked at it -- at least the way we're going about it is that anything less than one twenty-three, then the last priority item comes off, et cetera. Commissioner Teele: I'm only responding to the information that Mr. -- what's your name again, sir? Mr. Hall: Hall. Frank Hall. Commissioner Teele: -- that Mr. Hall said that he received from the staff this morning, which is one hundred and six. That was the -- but I don't want to get into a debate about that. I just want to be very clear. The second point, Mr. Hall, is your recommendation the rate lock and what is the basis of your recommendation? In other words, are you recommending that we enter into a rate lock? Mr. Hall: What Dunlap and Associates and Fidelity will be recommending is that you strongly consider entering into the rate lock agreement if you intend on -- insisting on that you have at least a hundred twenty-five, a hundred twenty-seven million dollars available in the project fund. That's our recommendation. Commissioner Teele: And third question -- I realize and I appreciate your candor, Frank, really. The question, though, is this: How has the market responded -- or it's my interpretation that the market has responded with rates dropping after terrorists activities or attack, don't people normally go into treasury? 66 May 23, 2002 Mr. Hall: Initially, after September 11th, rates did go down, but it went right back up. Commissioner Teele: I'm saying, that initially being 20 days, 30 days -- Mr. Hall: The initial short period, after September 11th, rates trended down, but they immediately turned, went back up. Commissioner Teele: OK, but we're in -- OK, so we don't know and we -- you know, final question: Are you all ready to issue these bonds? Are you confident that we can get these bonds out right away or within -- I think Mr. Nachlinger said July 31 st -- Mr. Hall: By July 31 st. Commissioner Teele: -- which seems to me to be a long time. Do you all have papers and are you all working on this thing? Mr. Hall: Do we have papers today, no. Are we prepared -- have we began the process to be in a position to have a closing by July 31st, yes. Commissioner Teele: Are you -- you don't have papers, so you can't make confident -- Mr. Hall: No, we don't have documents yet, because we haven't been authorized -- Commissioner Teele: But we just did an issue -- Mr. Hall: -- to move forward with development of documents, but we've been checking, for example, with insurers, credit rating agencies. We've already begun that process. Commissioner Teele: Were you a part of the refunding we just did? Mr. Hall: No. No, sir. It was a different team. Commissioner Teele: OK, thank you. Vice Chairman Winton: OK. Alejandro Vilarello (City Attorney): Mr. Vice Chair. Vice Chairman Winton: Yes. Mr. Vilarello: You have the product provider here and bond counsel here, if you have any questions of either of them. Vice Chairman Winton: OK. Thank you. So, we have to make a decision, whether or not we want to go with the rate lock or not go with the rate lock. If we don't do the rate lock, that means that we are -- if interest rates go up, then we're going to risk having at 67 May 23, 2002 least a hundred and twenty-three and a half million dollars. If rates go down and we wait, then you could have even more money, but you are -- if we're making the decision today that the hundred and twenty-three and a half million dollars is very, very important to us, then you almost have to do the rate lock, but if the hundred and twenty-three million dollars isn't that crucial and we're willing to deal with the interest rate risk for the next 60 days, then -- and -- then you just go with market and maybe you end up with a hundred and forty million or maybe you end up with a million and ten million, so that's kind of the decision we have to make, and I'm chairing so I can't -- Commissioner Teele: Well, my motion is that they issue the largest amount of money, because the one thing I'm pretty confident of is that interest rates right now are as low as they've been over the -- if you look at a 20 -year cycle, 10 -year cycle -- would you agree, Bob -- Vice Chairman Winton: A 30 -year cycle. Commissioner Teele: -- that interest rates are right now about where they -- Mr. Nachlinger: I don't know about 30 -years, but I think at 20 years is a fairer characterization. Vice Chairman Winton: Twenty years ago rates were 19 percent. Mr. Nachlinger: Yeah. In 1982, they spiked -- short rates went to 22, actually. Commissioner Teele: And so -- Vice Chairman Winton: So, 30 years ago, rates -- 25, 30 years ago, maybe rates may have been this low. Commissioner Teele: The policy issue -- Vice Chairman Winton: Certainly hasn't been the last -- Commissioner Teele: The policy issue that I'm balancing is the issuance this year versus the issuance three years from now, and it just seems to me that the no-brainer here is that we ought to issue as much money as we can now, as possible. Now, on the rate swap, you know, I'm just -- I like the idea of the rate swap. I just don't want to start the precedent of overruling the Manager without a clear reason, and -- I mean, if somebody could give us that clear reason, then I'm willing to vote for it, but I'm just not willing -- on the flip of a coin, I'm not willing to overrule the professional management. Vice Chairman Winton: I'm struggling here in my position -- I'm Chairman now, so am I allowed to -- Commissioner Teele: Yeah. 68 May 23, 2002 Vice Chairman Winton: OK. I guess that -- I feel that, based on all the information -- I'm not sure we might want to hear more about why Bob's recommending we not do the rate lock. The decision really is, in my mind, is easier right now, because I don't have a sense that there is anything in the normal course of world events right now -- now, normal, we're not in a normal time, so if there's a another big terrorist attack, you know, rates, I think, over the course of the next 30 days, would drop, but if they're absent that kind of activity, Commissioner Teele, I don't think, from a real business perspective, anybody's expecting that rates are going to go down further. Commissioner Sanchez: They're going to go up. Vice Chairman Winton: They're going to go up. Commissioner Sanchez: Because they're low. Vice Chairman Winton: And if they go up, then we are at real risk that we're not going to get at least a hundred and twenty- three and a half million dollars, and so for the cost we have to pay and the risk reward balance there, it seems to me that the more prudent approach is to lock the rate today, and so I would like to hear from staff one more time -- and I agree with you, it's very unusual that we really go against staffs recommendation, particularly in something like this, but it isn't as though we don't understand all of this, and it isn't as though I haven't done this before, so I'd like to hear again from the management as to why they really think that we shouldn't do the rate lock. Commissioner Sanchez: Johnny, before we do that. The recommendation presented to us by the administration, the experts that we have brought in, are they supportive of that? Commissioner Teele: They have a difference of opinion. Vice Chairman Winton: They have a difference of opinion. Commissioner Sanchez: But, I mean -- they're the experts on it. Vice Chairman Winton: I think the consultants laid out what our choices are, and it's our choice, and they said -- Commissioner Sanchez: We know what the choices are. Vice Chairman Winton: -- if you guys aren't comfortable with the -- Commissioner Sanchez: No. We know what the choices are. The argument here is that the interest are low, and the only way -- I -- and I'm not an expert on the issue, but I think they will go up, so the matter here is whether we lock in at the rate right now and what the cost is, and then, of course, the gamble that we're going to take, whether we make 69 May 23, 2002 money -- the amount that we put forth or lose money on it. I tend to agree -- I think that we should lock in on the rate. Mr. Nachlinger: Thank you, Commissioner. Again, I'm very cognizant of the amount of money that we need to undertake these projects. With the recommendation, the original list from the management, in addition to the fifty-six million in citywide projects, plus ten million per Commission district, the hundred and six million that the Commission has directed that they want, in addition with the Manager's recommendation of additional money, plus the amendment that was made on the floor, brings that amount up to a hundred and twenty-seven million dollars. With the current interest rate environment, if rates -- if rates have to go up to -- by a one-half a full percent before we're down to the one twenty-two -- or a hundred and twenty-two million, five hundred, which gets us back to the Manager's original list, and spending two and a quarter million dollars to guarantee the project fund of one twenty-seven, seven fifty doesn't seem like to me a good use of our two hundred and fifty -- or two and a quarter million of our two hundred and fifty- five million dollar authorization, and ultimately, that's where my recommendation comes from. I've seen interest rate lock agreements used routinely when you have an interest or a refunding to do where you have a very interest rate sensitive transaction. We will be issuing all the money that we can, based on our availability and -- or availability of the -- with the interest rate environment that we're -- when we issue, along with the other unknown, which is how much our assess evaluation will increase July the 1st. If that goes up more than five percent, which, quite frankly, I anticipate, that a hundred and thirty million dollars that's currently available now would go up. If it's less than the five percent increase, of course, it goes down. All I'm saying is, we're spending two and a quarter million dollars of our two hundred and fifty-five million dollar bond authorization for a guarantee that I'm not sure we need, and in -- it's a personal opinion and my personal and professional recommendation, but it's your decision, clearly, and I want to make sure that you understand, I didn't try to massage Frank's recommendation. He's here making his recommendation, as he sees fit, and what he professionally believes, and that's exactly the way I want this to be undertaken. Vice Chairman Winton: And I think you're being clear. Commissioner Sanchez: Mr. Chairman. Vice Chairman Winton: Yes, sir. Commissioner Sanchez: After listening to some of the facts that he's made, you know, I'm prepared to make the motion, that we go with the administration's recommendation. Vice Chairman Winton: We have a motion on the floor. We need a second. Commissioner Gonzalez: I second. Vice Chairman Winton: Have a motion and a second. Any further discussion? Commissioner Teele. 70 May 23, 2002 Commissioner Teele: I'd like to hear from Ms. Haskins. Linda Haskin (Chief Financial Officer): I think hedging these sorts of transactions is one of the more difficult things you face. In my background was with banking and a large portfolio of investments, about four billion dollars to manage, certainly hedging is a significant issue, but I look at this transaction and we have a very short time horizon that we're looking at for hedging a risk, and the premium that we're talking about in this is a significant premium at two and a half million dollars. We're talking about a 50 basis point swing in rates that's going to cost us seven million dollars in proceeds. Fifty basis point swing over this short horizon, with current economic conditions, is not a real likelihood, so let's talk about -- we're using two and a half million dollars to hedge a seven million dollar risk that's probably not real likely. In looking at that, I think that's -- it's quite expensive, and if we're looking at a 25 basis point change, it's probably more likely. Twenty-five basis point change cost us three and a half million dollars in proceeds; now we've paid two and a half million dollars a hedge against that, and it's prohibitive, I think. Commissioner Teele: Mr. Chairman, just very briefly, I'd like to hear from Morgan Stanley, just -- and the thing that I'm -- Morgan Stanley, please -- the thing that I'm very persuaded by is the unlikely but the most likely set of world events, which, you know, the FBI (Federal Bureau of Investigations) and everybody are worrying about, would probably push rates down if there were to be a catastrophe or even a near miss, so just your motion in the sun, sir. Ron Williams: My name is Ron Williams. I'm a vice president at Morgan Stanley, and if you decided to do this rate lock agreement, we would be the provider, and, you know, based on market conditions now, basically, what you're doing is -- from the way I see this -- is that you're locking in an interest rate. You're saying, I like rates where they are today, but I can't achieve rates where they are today because I'm not ready to do my bond issue. How long is it going to take me to do my bond issue? And we're saying that we think we can get that done by July 31st, so what is the cost for me to lock into -- you know, close, basically, today's market. What do I have to pay on top of today's market to, you know, lock in my interest rate to July 30 -- you know, and get my deal done by July 31? That cost in the current market, we think, is -- we're saying is 15 basis points, so that, you know, we're -- you know, it's difficult for me to say -- I have no idea also where interest rates are going to go. I mean, we've used these numbers of 50 basis points. Those are, I hope actually, in either case, extreme examples of where interest rates, you know, could go. It is, you know -- well, I won't say it's -- I don't see interest rates going down by 50 basis points, and if you think interest rates are going down that dramatically, then this isn't something you should be doing, because what it's doing is, you know, guaranteeing you a rate because you -- you know, two things: You think rates are going up. Also, you like the cost that you can lock in, and you like the project size that you can get based on -- you know, based on that rate, and there are a ton of things that affect interest rates. For example, you know, the federal government had a surplus. Now, it's a deficit. If their borrowing increases, that's going to be -- you know, they're going to be 71 May 23, 2002 pulling money out of the system. You know, investors will buy treasury bonds and, you know, if they have, let's say, an unexpectedly large treasury auction between now and the time that you, you know, do their deal, or they have -- I mean, the markets are so volatile now, just in the announcement that they're going to do something could, you know, affect the market, and rates will actually move -- you know, generally move in advance of kind of what the, you know -- Vice Chairman Winton: Event may be. Mr. Williams: -- what the Federal Reserve is going to do, and if you look at interest rates, the yield curve is fairly steep right now, and what that suggests is that the market rates are going up. Vice Chairman Winton: OK, so we have a motion and a second. Do we have any further discussion? And the motion is to accept the recommendation of staff, which is to not enter into a rate lock agreement, so no further discussion. All in favor of the motion, signify by saying "aye." The Commission (Collectively): Aye. Vice Chairman Winton: All opposed? The motion carries unanimously. Commissioner Teele: Is there any instructions, Mr. Attorney, that we need to give the team? Mr. Vilarello: No, Commissioner. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-572 A MOTION TO APPROVE ADMINISTRATION'S RECOMMENDATION NOT TO ENTER INTO A RATE LOCK AGREEMENT AS IT RELATES TO THE ISSUANCE OF HOMELAND DEFENSE /NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BONDS. . 72 May 23, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny Winton NAYS: None ABSENT: Chairman Tomas Regalado 11. APPROVE GRANT OF NON-EXCLUSIVE EASEMENT TO 14,641 SQUARE FEET OF LAND AND AIR RIGHTS ON CITY'S PROPERTY LOCATED AT 1802 NORTHWEST 37TH AVENUE, (MELREESE GOLF COURSE), TO STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (FDOT) FOR USE AS PART OF HIGHWAY IMPROVEMENTS FOR CONSTRUCTION OF MIAMI INTER- MODAL CENTER. Commissioner Gonzalez: Can we take Item 2? We have some people from the Department of Transportation that's been here all morning. Commissioner Teele: Item 2. Commissioner Gonzalez: Item 2. Commissioner Teele: What's the item? Vice Chairman Winton: I have somebody waiting for me already. Commissioner Gonzalez: This should be fast. Commissioner Teele: You're going to move it? Move it, Angel. Commissioner Gonzalez: OK. Laura Billberry (Assistant Director, Economic Development): We do -- Commissioner Gonzalez: Move Item 2. Ms. Billberry: Excuse me. Vice Chairman Sanchez: Second. 73 May 23, 2002 Ms. Billberry: Lori Billberry. We do have a couple of amendments that we'd like to include on the record. Vice Chairman Winton: OK. Ms. Billberry: We would like to include delete the word "non exclusive" from the title because this is a permanent ramp that would be built, so they would need a permanent easement for it, and also we will include a time frame that they would have to commence construction of the roadway improvements by June 2005, or they would have to seek a renewal of this easement. Commissioner Gonzalez: All right. Vice Chairman Winton: So -- Commissioner Gonzalez: Are you recommending -- Vice Chairman Winton: -- we have a motion. Do we have a second? Vice Chairman Sanchez: Second. Vice Chairman Winton: We have a motion and a second on Item 2. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Thank you all for coming. 74 May 23, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-573 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO APPROXIMATELY 14,641 SQUARE FEET OF LAND AND AIR RIGHTS ON THE CITY'S PROPERTY LOCATED AT 1802 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA (A/K/A MELREESE GOLF COURSE), TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (FDOT) FOR ITS USE AS A PART OF HIGHWAY IMPROVEMENTS FOR THE CONSTRUCTION OF THE MIAMI INTER -MODAL CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO OBTAINING A JOINDER TO THE EASEMENT FROM THE MELREESE GOLF COURSE OPERATOR AND FDOT PROVIDING CITY/OPERATOR REQUIRED ADDITIONAL IMPROVEMENTS TO SAFEGUARD THE OPERATION OF MELREESE GOLF COURSE. (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: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 12. DIRECT MANAGER TO CLOSE ON HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BONDS BY JULY 30, 2002 BUT NO LATER THAN AUGUST 15, 2002 AND IF NOT, TO PROVIDE WRITTEN EXPLANATION. Commissioner Teele: Mr. Chairman. Vice Chairman Winton: Yes, sir. 75 May 23, 2002 Commissioner Teele: On the rate lock item and all that, I would like to move that the management and team be instructed to close the item not later than by June -- July 30th, but not later than August 15th, and if it's later than that, to provide written reports regarding why it hasn't closed. I would so move. Vice Chairman Winton: We have a motion. Need a second. Commissioner Gonzalez: Second. Vice Chairman Winton: Got a motion and a second. Further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Motion carries. Thank you. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-574 A MOTION DIRECTING THE CITY MANAGER TO CLOSE ON THE HOMELAND DEFENSE /NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BONDS BY JULY 30, 2002 BUT NO LATER THAN AUGUST 15, 2002 AND IF NOT, TO PROVIDE A WRITTEN EXPLANATION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny Winton NAYS: None ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:18 P.M. AND RECONVENED AT 3:22 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN WINTON. 76 May 23, 2002 13. PRESENTATION BY ROOTS AND CULTURE FOUNDATION, INC. CONCERNING 2002 ROOTS & CULTURE ARTS FESTIVAL. Commissioner Regalado: We had a time certain item requested by Commissioner Teele, a presentation that was scheduled for 3 o'clock, and we apologize. We had a press conference and we'll be -- after this presentation, the Haitian Roots and Culture Festival, we will have the Items 9 and 10. Commissioner Teele. Chairman Teele: Thank you, Mr. Chairman. I'm trying to get teacher Clairin and others to come, and the Police Chief and others. Mr. Chairman, as you know, the month of May is designated as Haitian Culture Month, in addition to, I guess, several other designations. This year, Mr. Chairman, we're delighted to cooperate with Roots and Culture in the annual street festival. Now, I'm going to ask that the discussion on the street festival be put off until after 5:30. There are some administrative matters that need to be properly understood, Mr. Manager has advised me. Up in north Florida, they call it a Rule 1 problem. That means that some fees or something haven't been done properly, but we won't get into the dollars right now. We'll be into the festivities. Cat, if you would take that podium right there, ma'am that would be very helpful. Mr. Chairman, this year, as a part of the Roots and Festival, the City is cooperating and the CRA (Community Redevelopment Agency) in the hosting of an art festival, which is taking place at the Big Time Studios within the Omni Redevelopment area. One of the things that we are very, very hopeful of doing in the City is creating a unique space within our City, under Commissioner Winton's leadership, and that area, of course, is the Omni, where we're really hoping to attract not only the Performing Arts Center that's under construction, but a whole array of cultural activities. As Chairman of the CRA, we are very, very concerned about the fast-moving property taxes and tax values that may already begin to be squeezing property owners out or certainly making it more certainly difficult, but notwithstanding that, Eugene Rodriguez, at Big Time Studios, is gracious and excited about having his facility as a venue for this art exhibit. The organizers, Clairin Lakay and MJ Productions, have invited some seven Haitian artists from Haiti, and I hope Bill Talbert is around, because one of the big challenges that we get is how do we access the tourism dollars for the beds that we're bringing people into town on? All of the people that you see seated here on the front row, with one or two exceptions, are from out of town, but all are artists and we're delighted to have each of our artists be recognized, and so what we'd like to do is, I guess -- I don't see the proper representative of Roots and Culture. They're negotiating with the police in the back over some issues -- is ask Cat, if you would introduce yourself, give your address, and then proceed to introduce each of the artists, and then, as they are introduced, we'll ask you each to just file around and come up on the dais with us, please, to receive recognition. Catricia Alphonse: OK. I'm Catricia Alfonse. I'm the Assistant Coordinator for the CER-- CRA, and I assist coordinating the arrival and departure with the artists. I assist them in translating, and understanding English, and understanding the process of the art exhibit. First of all, the first person to the left is Madam Maleen Tuyo (phonetic). She is a sculpture artist. She designed the sculpture we see in front of Commissioner Arthur 77 May 23, 2002 Teele. The next one is Madam Leomond Madeline (phonetic), and she is here representing her daughter. Her art piece is right here. Her daughter was, unfortunately, couldn't make it. The next artist is Madam Madeline Acla (phonetic). The painting we see here with the woman holding the basket of mangoes is her art piece. Chairman Teele: Why don't you --then you can just (INAUDIBLE). Ms. Alphonse: The next artist is Casumir (phonetic). This is his art piece. He has a lot of wonderful art pieces. The next person is -- don't know. Joseph Marie Cajiste (phonetic). This is his art piece. The next art piece we see here is by John Edi Pierre (phonetic). This next piece over here is by Edward Louve. The next art piece, the last piece is by Sophia Lepois (phonetic). Chairman Teele: And, Mr. Chairman, just one special note. Ms. Laqua is a resident of Miami. She, in addition to being an accomplished artist, is very much involved with our Children and Family Services, and is well-known for her unique approach to art, and I would ask you to give all of them a big salute and a thank you for joining us here in Miami. (Applause) Chairman Teele: Ladies and gentlemen, we've been joined by our Mayor, Mayor Manny Diaz, and I'd like Mayor Diaz to know that the artists are from Haiti, and they're here as a part of Roots and Cultural. Their art is before us, and we really appreciate you issuing not only the proclamations, but the frames and the other three artists -- it's a private joke - - and the other three artists that are local will receive the official commendation, so, Mr. Mayor, if you would just come down the line and shake their hand. I know they're all delighted to be able to meet you and -- Ms. Lakay, could you -- we'll allow you to speak just very briefly on behalf of the artists, perhaps, please. Clairin Lakay: OK. Well, this is a great honor for everyone. All the artists from Haiti and myself, who's a local artist from North Miami but raised in Haiti, are very grateful to the City of Miami for giving us this honor and recognizing our work. All of us artists are very much dedicated to our craft, to our art. It's -- for most of us, it's indeed our life, and we're more than happy to share it with the City of Miami. Again, thank you so very much. (Applause) Chairman Teele: Thank you. And Mr. Mayor, as you know, the art exhibit is taking place everyday today, Thursday, Friday, Saturday and Sunday, ends on Sunday, at 4:30 at the Ice Palace. That's on 14th Street and Miami Avenue, 59 Northwest 14th Street, and the CRA will be hosting an exhibit, I believe, on Saturday, which will include our artists and residents program in the various buildings in Overtown that have been captured on canvass, and we like to expose our art, as well, to the artists. I should also note that each of the artists has made a donation of art to the City and CRA as a small gesture and way 78 May 23, 2002 of saying "thank you," and so, hopefully, we'll get that framed, and the Commissioners and the Manager will have your choice of the art pieces that are being donated to grace your offices, until we have our next art exhibit. So, thank you, Mr. Mayor, and thank you very much, Mr. Manager and Commissioners. (Applause) Commissioner Regalado: Thank you. Thank you for coming. To follow up to this item will be discussed after 5:30, Commissioner? Chairman Teele: Teacher Carline is here now, I guess. Commissioner Regalado: Oh, OK. Go ahead, ma'am. Let me give you the -- Chairman Teele: Your name and address. Carline Paul: My name is Carline Paul, and I am the backbone of Roots and Culture, and last year I had the honor to come in front of you, and this year again, I have delighted to be here. 4141 North Miami Avenue. Commissioner Regalado: Thank you. Ms. Paul: I want to come here today and bring, as usual, a little souvenir from Haiti. With Roots and Culture, what we try to do is bring our culture, our arts and, as you can see, you had the artists here, we had the art exhibit going on, and this weekend, we're going to have people in the street, just like in North Miami; Miami Beach, there's a activities. We have activities going on now, and I really come here today to tell everybody and people from the community, my councilman and the Mayor, without their support, Roots and Culture would not have been what it has been in the past eight years, and this year again, I'm going to take my hat off to someone that is very dear to us in the district. That's Commissioner Arthur E. Teele. With his hard work and effort, Roots and Culture is what it will continue to be for the City of Miami, and I want to say that I was just in the County on Tuesday asking them for certain things that I know the City has worked with us already, so we are working very hard to make sure that this weekend, with the help of every Commissioner and the help of our Mayor, Mr. Diaz, we will have Roots and Culture, and everything will go fine. Thank you, again, Commissioner Teele. (Applause) Commissioner Regalado: Thank you. OK. 79 May 23, 2002 14. COMMENDATIONS AND PLAQUES TO CITY BY BROTHERS OF SAME MIND FOR SUPPORT OF ARTHUR MCDUFFIE CANDLELIGHT VIGIL. (See #1). Chairman Regalado: We promised that immediately following the Roots and Culture presentation, we will take Items 9 and 10, but first, Leroy asked to be recognized at 3 o'clock, so Leroy, it's about three and some. Leroy Jones: Thank you. Thank you. Commissioner Regalado: Go ahead, sir. Mr. Jones: Thank you, Commissioner. Mr. Jones: It's three, you're right. It's three. My watch say three. I just like to take the time -- Commissioner Regalado: Name. Name and address. Mr. Jones: Oh. Leroy Jones, 4055 Northwest 17th Avenue. I'd like to take this moment to thank Commissioner Teele, Mayor Diaz, the rest of the Commissioners for their support in the 6th Annual Arthur McDuffie Candlelight Vigil. Every year, on May the 17th, we honor and have a candlelight vigil to remember Arthur McDuffie and the 18 other people who lost their lives through the Arthur McDuffie rebellion. We have some certificates -- they're not eloquent -- that we'd like to present you all, and the Mayor, and we also have a plaque. It's not much, but we don't hold the event to raise money. Every year the money that we do raise, we spend it all on the event. This year, I think we got two dollars and twelve cents ($2.12) left from the event, after purchasing this stuff. So we don't have the Arthur McDuffie Candlelight Vigil in order to raise funding to do other things with it. We just do it to remember Arthur McDuffie, who lost his life, and the 18 other people who lost their life through the McDuffie rebellion. So, as the spokesperson and the founder of the Brothers of the Same Mind, I'd like to thank each and every last one of you, Commissioners; I'd like to thank Mayor Diaz, and especially you, Commissioner Teele, for supporting us with the stage, and blocking off the streets, and having the police re-route the cars. We'd like to thank you so, so very much. We have some pictures that we pulling off the computer that we took from the event and, by tomorrow, each one of you will have a package of the pictures, and you'll also have a budget that will show you how much we raised and where the money was spent, OK, so I know it's not much, but it's from the heart, you know, and I hope you all will appreciate it. Thank you so much. (Applause) Chairman Teele: Thank you very much, Leroy. 80 May 23, 2002 15. AUTHORIZE EXECUTIVE DIRECTOR OF VIRGINIA KEY BEACH PARK TRUST TO EXECUTE LEASE AGREEMENT WITH LUCKY CAPITAL, INC. FOR LEASING OF 1,700 SQUARE FEET OF OFFICE SPACE AT 3550 BISCAYNE BOULEVARD AT MONTHLY RATE OF $2,765. (See #2). Commissioner Regalado: Commissioner, we're going to do now, as promised, Items 9 and 10. However -- Commissioner Winton: Mr. Chairman. Commissioner Regalado: Yes, sir. Commissioner Winton: Could I interrupt one second? I moved CA -3 to this afternoon, which should take half a second, and we have somebody here, if you don't mind -- Commissioner Regalado: Absolutely. Go ahead, sir. Commissioner Winton: I'd like to move CA -3. There's a modification to it that you would like to put on the record? Laura Billberry (Director, Asset Management): Yes. The rental, per square foot, will be reduced to 1850. Commissioner Winton: From 1950. Ms. Billberry: From 1951. Commissioner Winton: And was there a correction? Oh, the resolution -- Ms. Billberry: No. The resolution did have the correct address. Commissioner Winton: Was right on the -- OK. So moved. Commissioner Regalado: Item CA -3 has been moved. Commissioner Gonzalez: Second. Commissioner Regalado: Second by Commissioner Gonzalez. All in favor, say "aye." It passes. Vice Chairman Sanchez: "No." Ms. Billberry: Thank you. Commissioner Sanchez: One "no." 81 May 23, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-575 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR OF VIRGINIA KEY BEACH PARK TRUST TO EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LUCKY CAPITAL, INC. FOR THE LEASING OF 1,700 SQUARE FEET OF OFFICE SPACE AT 3550 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR A TERM OF THREE YEARS AND FOUR MONTHS, AT A MONTHLY RATE OF $2,620.83 PLUS A 4% INCREASE OVER THE BASE RENT FOR THE SECOND AND THIRD YEAR OF THE LEASE, SUBJECT TO AVAILABILITY OF FUNDS IN ANY GIVEN YEAR; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 116004.580239.620. (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: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Chairman Tomas Regalado NAYS: Commissioner Joe Sanchez ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Regalado: One "no," OK. So it's three "ayes;" one "no." OK. Vice Chairman Sanchez: For the record, why I didn't support it. It was my understanding that when the CRA (Community Redevelopment Agency) got expansion of the Dupont space out there, that Virginia Key Park Trust was going to have room for them to house their office there, and that's the reason why I didn't support it. Commissioner Regalado: OK, sir. Three "eyes;" one "no" on CA -3, and note that for the record. 82 May 23, 2002 16. SCHEDULE SPECIAL COMMISSION MEETING ON MAY 30, 2002 AT 3:55 P.M. AT MIAMI ARENA TO CONSIDER PROPOSED AGREEMENT WITH GREATER MIAMI CONVENTION AND VISITOR'S BUREAU FOR BUREAU'S ISSUANCE OF REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION MANAGER AT -RISK AND ITS RESPONSIBILITY TO OVERSEE AND MANAGE CONSTRUCTION OF WATSON ISLAND REGIONAL AVIATION AND VISITOR'S CENTER. Chairman Regalado: As I was saying, we promised to take Items 9 and 10 immediately after the Roots and Culture Festival. This is about the Greater Miami Conventions and Visitors Bureau and the construction of the Watson Island Regional Aviation and Visitors Center. However, we're going to do this different than it is on the agenda. First we're going to have the discussion concerning the Aviation and Visitors Center and then we are going to take Item 9. For the benefit of the people here and those watching in Net 9 this issue has been debated several times at the MSEA (Miami Sports and Exhibition Authority) board meetings. There are three members of the Commission who are in the Board of MSEA but for the benefit of Commissioners Sanchez and Winton, Mr. City Attorney, would you briefly give us an overview of what has been discussed at the Board meeting in MSEA and the project itself. Vice Chairman Winton: And, Mr. Chairman? Chairman Regalado: Yes. Vice Chairman Winton: Just to set the record straight, this issue was before MSEA I think I was Chairman of MSEA for almost a year and it was before MSEA the entire time that I was served as Chairman. So this has been a long, long running issue, and it's been an issue for many, many years. Chairman Regalado: And it is my understanding that it has to come back to MSEA. So Mr. City Attorney if you want to give us a Alejandro Vilarello (City Attorney): Mr. Chairman, Ms. Billberry has prepared a presentation, which will also highlight the issues that was brought before the MSEA Board. Chairman Regalado: OK. Go ahead. Lori Billberry: Lori Billberry, Asset Management. Just very briefly Back in 1997 the Commission had approved an execution of an agreement with MSEA, an interlocal agreement with MSEA for this development and operation of an air transportation facility. The Commission further consented to a sub -lease agreement between MSEA and the Greater Miami Convention and Visitors Bureau and approved a funding agreement between the three parties. Pursuant to these agreements, the city was responsible for construction of the project and MSEA would be operating and 83 May 23, 2002 maintaining the facility. The development of the project has been delayed as the city considered expansion of the state port operations over in Watson Island, as well as the need to negotiate a settlement agreement with Chalk's, which has been accomplished. At the current time, the estimate of the project is $11,700,000. This funding is coming $4.7 million from FDOT grants and $7,000,000 from the Greater Miami Convention and Visitors Bureau. $3,800,000 of the Bureau's commitment is tied with a grant from the county and requires a construction break -ground by this December. With the identification of the additional funds, the city had requested the Bureau to re -negotiate certain terms in the agreements and attached in your packet is a summary of the significant business points of the existing agreements and what is currently being negotiated. A couple of these include, requiring the Bureau to assume construction responsibility for overseeing all of the construction. The Bureau would be assuming the financial responsibility up to $7,000,000 and would be responsible for any cost overruns. We're revising the responsibility to clarify who will be providing building services to the terminal and the air sides, increasing the Bureau's rent to $2,789 a square foot while other tenants are paying $2,333. On May 6th we went to a workshop before the MSEA Board to bring some of the new members up-to-date and to seek direction for them regarding their role in the project. During the workshop new requests and concerns were raised and the MSEA suggested that we come to you to seek your input. The issues around lined in your package and are as follows: There was a request for a letter from the original consultant that drafted the master plan to ensure that the underlying assumptions still remain the same. Thompson Consultants International was the original consultant and Real Estate and Economic Development was able to contact two principals from that firm. That firm is no longer in business and they confirm that the study conceived a forward thinking of what the demand and capacity for that demand was and would be throughout a 20 -year horizon. They also commented that the assumption are still valid today, if not more after the September 11th events. In addition, Real Estate and Economic Development contacted the current aviation consultant, Mr. Pete Ricondo, and he has verbally advised us that the assumptions contained that his financial feasibility analysis still hold true today and he will be sending a letter to this effect. The second concern was that in the event space becomes available, that the City should reserve a right of first refusal to use the space for police or fire rescue helicopters. The heliport is a public heliport and anyone can land there at any time. Currently there are no landing fees at the heliport, however, in specific response to this concern we can include in the RFP (Request for Proposals) for helicopter operator that in the event the city ever utilizes helicopters in connection with the provision of its municipal services, that these helicopters can land free of charge and in the event landing fees are ever imposed, and that we would have a right of first refusal to use the tie down spaces at no cost. The third request was a building plaque be placed to commemorate all the Mayors, Commissioners and MSEA members that have been involved in this project and certainly this can be readily accommodated. Four and five kind of go together. Number four was the MSEA Board needed to decided its appropriate role and space in the new building. Certain members expressed that they wanted a minimum of 5,000 square feet of waterfront space on the second floor of the building with a separate entrance and that the City needs space for use as executive offices and a pressroom. Number five was, in general, the needs of the city and MSEA must be fully accommodated and that the bureau must cover all costs 84 May 23, 2002 of doing so or the City should receive fair market value of the land. While the MSEA Board is the entity that must decide its role and space in this project, we would request that the Commission urge them to make a decision so that we can move forward. To address MSEA's specific request, the entire second floor is presently leased to the bureau. Any reduction in space will require the consent of the bureau. Providing a separate entrance will create major design changes, which will create additional costs and delays. MSEA's presently being provided 1,350 square feet and for which they are to pay rent in the aggregative amount of $2,333 a square foot. To the extent the space was used as an airport manager's office, this rental could be passed through to the tenants in the building on a proportionate basis. The bureau has indicated a willingness to share its conference facilities when needed by the City or MSEA. Additionally, the roof of the terminal building is designed to hold social functions and may be used by the City and MSEA for this purpose. Presently the bureau is contributing $7,000,000 and they will be required to pay their proportionate share of any operating expenses. The bureau would have to agree to absorption of any additional costs to pay for the rental of that space, any additional space for MSEA. The Inter -local Agreement does not provide rent to the City; however, there's a payment in lieu of tax of approximately $110,000. At this time the design and development plans are being completed and the architect has commenced construction documents and that will take approximately four months to complete. At this point, we are seeking direction from the Commission. Chairman Regalado: Thank you. One question that I wanted to ask maybe to Bill or Lucia, yesterday the City of Miami Beach renewed the contract. But in the new contract they said, that's what I understand, that no money from Miami Beach will be or could be used for this building; rent or any part of this building. Does this have an impact on the facility, on the rent, on the future of the building? Lucia Dougherty: The answer is no. What they did was they capped -- Chairman Regalado: Name. Ms. Dougherty: Excuse me. Lucia Dougherty, 1221 Brickell, here on behalf of the bureau. I'm their legal counsel. What they City of Miami Beach did is they said ok, you have a fund that's already set aside to build this building. That fund presumably has a third of our money in it. That's what we're capping. We don't want you to go into any further City of Miami Beach funding for the building. So right now there's $1,000,000 from Miami Beach in that fund, approximately, because they're a third of the contributor of the money that the bureau has, and they basically said we want you to cap our commitment or our commitment to that project to what you already have in the fund, which we agreed for the next two years that that's the case. Chairman Regalado: But that would not effect -- Ms. Dougherty: It does not affect it because we already have that money segregated and in our fund for this project. 85 May 23, 2002 Chairman Regalado: And no rent or anything -- Because they said that you cannot use -- Ms. Dougherty: They also have a clause in there about operating expenses. Chairman Regalado: Right. Ms. Dougherty: They are also capping their operating expenses to roughly a third, or their proportion of the amount. So they don't want any further than one-third of the operating expenses that the bureau pays to come from Beach funds. So we don't think that that's going to be a problem and just incidentally, that won't be an issue because we only have a two-year agreement with them and we don't anticipate to open before those two years anyway. Chairman Regalado: Ok. Any Board members want to make comments on the building itself? Commissioner Teele: Mr. Chairman, I would like to hear from the MSEA director. This is a three party deal and I would hope that you're speaking on behalf of the Mayor, as chairman of MSEA. If you're not, speak, as executive director. Jim Jenkins: Jim Jenkins, Miami Sports Exhibition Authority, Executive Director, 701 Arena Boulevard. I did get a briefing on this earlier today, so I will speak on basically what I know at this point and time. Originally when I came onboard as Executive Director and this was presented to me, a lot of the design was already in place and MSEA was designated an area of, as Ms. Billberry said, of 1,351 square feet. Commissioner Teele: Thirteen hundred of how many? Mr. Jenkins: Thirteen hundred fifty-one square feet. Commissioner Teele: Of how many total? Mr. Jenkins: I believe the building is 30,000 square feet I believe. Ms. Billberry: There's 41,281 of usable area. Mr. Jenkins: So at that point in time we started trying to plot out what would be appropriate if MSEA moved its offices to this area. The other thing I had to think about was expansion. If we grew any, which we already have, then naturally this is going to be, it's not going to be appropriate for us, so we were even considering leasing this particular space out, or utilizing it for, if we did have a property manager or an airport manager, as we're designated the aviation manager at this point in time, we might have used those offices for that. This was how it remained for a long period of time until this was re- addressed recently again. It really came up in a square footage issue when we had our workshop when the new board members wanted to revisit MSEA's appropriate area. Right now MSEA has in the Miami Arena a total of about 3,700 square feet. That does 86 May 23, 2002 include a boardroom. So if we were to move there tomorrow, we would need at least 3,750 square feet, which naturally we don't have at this point in time. The discussion we had with the Greater Miami Convention and Visitors Bureau people was to revisit an area to see if it could be expanded. I understand since I've been gone that there have been some discussions. That this may be able to be done on the first floor. Now, I may be incorrect on this, ok? I'm not really sure, but if that could be done, we could go back and revisit this to the area of 4,000 to 5,000 square feet, which was requested by the committees in their review to consider this. Vice Chairman Winton: You mean, are you saying Jim that the building could be expanded by 4,000-5,000 square feet? The size of the building? Mr. Jenkins: I apologize. It could be reconfigured in the lower portion of the building. To the lower left, as I understand it. Now I'm getting information that -- I wasn't here last week because I was gone, but this was in a discussion, as I understand, so if anyone would like to speak to that. Carlos Gimenez (City Manager): I think he's talking about an area that would actually be closest to the Flagstone, so it would be on the north side, first floor. Mr. Jenkins: It could be expanded to accommodate 4,000 to 5,000 square feet. Ms. Billberry: If I may, there was a meeting where the architect was trying to lay out different options and the most that was able to be achieved is approximately 3,200 square feet. However, that results in a modification to the Chalk sub -lease, which we have not discussed with them at all, and a modification and a reduction to the exhibition space, which may place the grants in jeopardy. The Greater Miami Convention and Visitors Bureau has expressed objection to this. Chairman Regalado: Excuse me, excuse me, excuse me. Commissioner. This morning we had a situation here when a member of the staff, of the administration used the style of telling the City Commission that we may lose some money if we did not take action immediately. That was resolved. But did you say something on the fact that we may lose the grant or the grant is in jeopardy or something if we do this or if we don't? Ms. Billberry: I'm sorry. I'd have to defer to the bureau -- Commissioner Sanchez: That's on the county restrictions? Ms. Billberry: -- because they're more familiar with their grant. Commissioner Sanchez: That's on the county restriction? Ms. Dougherty: We are getting CDT funds based on the fact that we are a visitor's center. So what she's talking about is reducing the size of the visitor's center in order to accommodate MSEA. 87 May 23, 2002 Chairman Regalado: And if they do that, are you saying that the grant Ms. Dougherty: I'm not saying that. I'm saying that we possibly, because we haven't talked to the county, but the reason we qualify for the CDT funds, which are funds based on tourism tax, is the fact that we have a visitors center at the location and what she is talking about is reducing the size of the visitors center. I'm not sure if that means eliminating or reducing it. Commercial Teele: Well there is an issue of December 31st that construction must begin in order to preserve, I think, 3.8. Ms. Dougherty: That's the same money. That's exactly right. Commissioner Teele: Of that money. But again, it's December 31st and time is of the essence I think the memo says. But don't you qualify for CDT funds also? Mr. Jenkins: Yes sir. Commissioner Teele: So we're not talking about apples and potatoes here. We're talking apples and apples to some extent. Mr. Chairman, I want to thank the manager and his staff for -- with exception of the plaque -- most of the concerns that are raised in the memo number 10, were the issues that I raised, along with several of the MSEA board members at the workshop and I think you've somewhat correctly captured the essence of the concerns. But before we deal with concerns, let's deal with the facts. Mr. Attorney, under the agreement that we have right here, right now, the binding agreement among the three parties, the land is owned by whom, the City or MSEA? Alejandro Vilarello (City Attorney): The City owns the land. Commissioner Teele: The City is conveying land to or authorizing the use of land by MSEA, is that correct? Mr. Vilarello: Leasing the land to MSEA. Commissioner Teele: MSEA is paying the City how much money? Mr. Vilarello: Nothing. Commissioner Teele: All right. It's very important to get to the beginning of this. So now we've got land somewhere between $175-300 a foot. What did they just pay for the rug factory? Two hundred? On Biscayne? Vice Chairman Winton: Those are not comparable values. Commissioner Teele: Well they're not comparable values if you talk about use. 88 May 23, 2002 Vice Chairman Winton: Well, you have to talk about use. Commissioner Teele: When you talk about use they're not comparable. But we're talking about valuable land on Watson Island. Vice Chairman Winton: Only if we made a decision as an elected body to turn that into a significant commercial venture. Commissioner Teele: It is what it is and the value of the leasehold interest between the City and MSEA is what? Mr. Gimenez: Saying that the zoning and that parcel's different than the zoning on the commercial size. Commissioner Teele: I understand. But the value of the leasehold interest between the City of Miami and MSEA is what? What are they paying us annually for the use of the land? Mr. Gimenez: MSEA? Commissioner Teele: Yes. Mr. Gimenez: Nothing. Commissioner Teele: Ok. That's my point. So whether you want it worth $1.00 or $300,000 is zero to us. Now MSEA is collecting what from the visitor's bureau? Commissions Sanchez: Nada. Mr. Gimenez: There's a rent, so we'll get that for you. Commissions Sanchez: Lower taxes. Ms. Billberry: The rent for the space that's going to be occupied by the bureau as it's currently contemplated would total almost $485,000. Commissioner Teele: And that's -- Ms. Billberry: For the function of the airport. The proceeds from rental revenues, because it's FDOT (Florida Department of Transportation) funded, the proceeds from rental revenues do have to stay within the airport. Commissioner Teele: So let me ask the question one more time. What is the economic value that the Convention and Visitors Bureau is paying MSEA for the use of the land that we're getting paid zero on? 89 May 23, 2002 Ms. Billberry: It's not being paid to MSEA as MSEA to take out. I mean, they're not receiving a management fee. The rental revenues are being generated for purposes of funding the airport operations. Dena Bianchino (Assistant City Manager): The reason that MSEA's involved in that is that -- Chairman Regalado: Your name? Ms. Bianchino: -- they are the airport operator. I'm sorry. Dena Bianchino, Assistant City Manager. Commissioner Teele: I don't want to get to that, because I'm going to tell you something. MSEA is about as much as an airport operator as I am a nuclear submarine pilot and if there is any entity that should be running the airport, it is the City Public Works department. If you go to Okeechobee County, if you go to any county in Florida and go find out who's running the airport, it is a function more analogist as to a Public Works function than a MSEA function. But let me just say this. At the end of the day, this deal was a deal that was cut under a different set of parameters by the City of Miami. What year was this deal done? Chairman Regalado: 1997. Mr. Vilarello: 1997. Chairman Regalado: '97. Commissioner Teele: Originally what year was this deal done? Mr. Gimenez: '97. Commissioner Teele: And so the point that I'm trying to make is I don't think the City is getting a good deal but, more importantly, I think the city is illegally delegating and improperly delegating certain functions that cannot be delegated. Because before 9/11 running an airport may have sounded like a nice thing for MSEA or somebody to do. Post -9/11 somebody better have a security plan. Somebody better have this, that and the other and at the end of the day, who's responsible for the grants? Who did the DOT (Department of Transportation) grants go to, MSEA or the City? Ms. Billberry: The City. Commissioner Teele: So I'm putting everybody on notice from a transportation point of view, this was a cute deal before 9/11. After 9/11 this is a real deal. Somebody better be an airport director. Who's your airport director, Mr. Director? 90 May 23, 2002 Mr. Jenkins: We don't have one at this time -- Commissioner Teele: I know that. Mr. Jenkins: -- Commissioner. Commissioner Teele: And what I'm saying to you is this is serious business now and at some point somebody's not going to be able to say I didn't know. When the U.S. Department of Transportation comes down here and saying are you all in compliance with CFR and start writing down a list of things and start talking about the security plan, you know, and asking the City of Miami what is the plan? You know, we're all going to start talking about the manager didn't do this, the manager didn't do that and on and on and on. This is something that needs to be carefully restudied, rethought and I'm telling you from my vantage point, this is a very good deal for the community. This community needs a visitor's center. I, 100 percent, support Bill Talbert as the Director, as Executive Director. He's a personal friend of mine. I support what they are trying to do, but I also support the fact that the City needs to grow up and do its job and carry out its mandated responsibility. As a governmental body you cannot delegate police powers. You can delegate authority. You can delegate certain authority, but you cannot delegate the responsibility, and at the end of this whole day there are some serious issues that are going to have to come back that we're going to have to deal with. Now, we don't even have a garbage can in the location, but yet, we're responsible. We don't have an office. We don't have a staff person, but yet we're responsible. Now, if the City of Miami just wants to be a pass-through, thank you very much, you know, that's the way it used to be, you know, I won't vote on this. Because I don't want to vote against it. But I think somebody ought to have some common sense about this thing. This makes no sense in today's environment and more importantly, the City of Miami should have a press center. We are always running around. This is a press play conference. There's more press meetings and activities in the last few years that I've ever seen and anywhere I've ever been. But we don't have a first class place to hold a press conference. We're out there in the lobby. We're out there on the -- and, you know, and this is the most beautiful venue in the City of Miami and only a fool would give up and get nothing back. If we don't get anything -- and then the MSEA staff -- oh, I'm sorry -- say again? The Convention Bureau staff was very gracious. Oh, we'll let you use our press conference area. You know, let me tell you folks. There's one name in the United States outside of New York that has the capital that Miami has. That may be New York City. Nobody's going to come to the Greater Miami Visitors Convention Bureau pressroom, but I tell you what. You have the Miami International Press Center everybody in the world's going to know where that is and the president of every country and this country would hold their press conference there if they had that opportunity, and so what I'm simply saying to the manager -- who's our representative at the Visitor's Bureau; you, Commissioner Regalado? Chairman Regalado: I am sir. 91 May 23, 2002 Commissioner Teele: To the representatives to MSEA, that I am really appalled that in 2002 after going through what we've gone through and the kinds of past practices where we've given up land, we've done this, the port, the this, the that, and I'm all for this deal. I think this deal is a beautiful cooperation that could be done. But the fact of the matter is, we're passing the money, we're passing the land and it reminds me of the old Johnny - - who? Was it Johnny Cash? She got the gold mine and we got the -- so, you know, I don't think we ought to get the shaft on this one. I think we ought to engage the visitor's bureau in a positive and creative way to meet the timelines, to meet the timetables. They've got 41,000 square feet of space. We have the contract right now to build it. Is that correct, Mr. Attorney? You're saying no Commissioner Winton. I'm telling you, there's a lot of misinformation that you let me people feed you on this kind of stuff Mr. Attorney, who has the obligation under the current contract to build this facility? Olga Ramirez: The City of Miami. Commissioner Teele: All right. And the point I'm making is, is that everybody wants to make it seem like -- Olga Ramirez: It is a liability that we're trying to shift to the bureau at this point. Commissioner Teele: It's not a liability. It is an obligation and an opportunity, and any other governmental agency they'd be fighting over the opportunity to do it, to basically be able to build a facility that has this kind of significance and impact and to build, quite candidly, the kinds of resources that the City should have in its place, but the point that I would only like to make in the Commission's deliberations on this is that this is a great opportunity to have cooperation and a mutual relationship with MSEA or a joint relationship with MSEA and the Visitors and Convention Bureau. The City of Miami has always been the weak link in these negotiations and I'm only saying to you that I will not support a negotiation with my eyes wide open in which the City gets no clear benefit from the negotiations. The City of Miami should have the mayor. The City should have control over the press conference area. There should be space for safety and security as required by federal law, and the responsibility of running this airport needs to be shifted back to the people that have -- I also would just say this Lori. I don't think the federal government will allow us to agree to or enforce what we have written out there. You cannot have two rates of payers at an airport. In other words, I think they said they would pay $27.00 a foot and somebody else is $21.00. If it's an airport, there's a big issue about equality of payment and as long as they're making the payment as a voluntary proffer and a volunteer payment, I think you ought to have everybody's payments the same and let them proffer an additional payment consistent with what the negotiations are. So, Mr. Chairman, I am prepared to vote against this agreement unless and until it is modified in a manner more consistent to provide some direct benefit to the overall policy goals and initiatives that I think the City should have and that is, to promote the City of Miami and an image of the City of Miami, and to preserve sufficient space, and this whole area about helicopters and all of that, I basically insisted that it be in there; that one day we will grow up to be a 500,000 person City, and we will have air rescue helicopters and police helicopters and the kinds of resources that this City once had and many other cities do 92 May 23, 2002 have, and I think that should be in the agreement. And I appreciate the fact that the staff has ensured that that's been done. But I also think that the responsibility of living up to the grand conditions which this city received needs to be protected. Otherwise I think we're going to have some serious issues, and with all due respect to MSEA and Jim, I have a high regard for you, I don't have a high regard for you per se as the Chief of Security of an airport, which, you know, has real implications today and I think we need to be very clear on who's going to do that and who's going to be responsible, and -- Commissions Sanchez: Aviation Director. Commissioner Teele: Or Aviation Director. So those are my concerns and I've laid them out privately. I've told everyone -- Bill Talbert in my office, everything that I'm saying here I said it at the MSEA meeting, but it's not been addressed. Chairman Regalado: Thank you. I think that this is a follow-up of what we have heard in MSEA and I just need to put on the record some of the things that I have said in the past and some of the ideas that I have and totally agree with Commissioner Teele on the fact that the City of Miami does need an international press center. If you go -- First of all, let me say that as a journalist I, in the past and even in the present, I have to cover some of the visits here in Miami of dignitaries. Let me first say that most of the Central American presidents, if not all, when they go to Washington, when they go to Europe, they have to fly to Miami and connect with other airlines. Last week I was with the president of Nicaragua, a personal friend, but two weeks ago we had a visit of the president of Guatemala and also the president of Honduras. They all stopped in Miami on the way to the summit in Madrid. If they want or if they need to hold a press conference they have to go to the International Press Center at Miami International Airport. Let me tell you. It is small. It is not comfortable for the National press. It is not a nice international press center. If we were to have an international press center in the City of Miami that would be the Watson Island building. It will be the right place to do it because if they want to be several hours in the City of Miami, they can take a helicopter, fly to Watson, have their press conference, have a cocktail if they wish, meet with their contacts or by people they have invited here and go back to the international airport. I think that what Commissioner Teele has said is the right way to look at this. We do need an international press center, and I will tell you, I don't think that we need the MSEA office over there because if you are talking of reducing the MSEA office from what they have now to a third of the capacity, plus we have to pay rent, it is not a good business. I would appeal to the Greater Miami Convention and Visitors Bureau to the members of the Commission and I'm sure that if this has to go back Madam City Attorney, this has to go back to the MSEA Board? Chairman Regalado: Yes ok. But what I heard at the MSEA Board is what I'm hearing here now, and I will tell you the board members and MSEA would probably follow this path and it's very simple. I would request to have an independent, international press center operated by the City of Miami. The City of Miami will own that press center. The City of Miami will not need to pay rent. The City of Miami will furnish the center to the Greater Miami Convention and Visitors Bureau when they need it for their activities, but 93 May 23, 2002 it has to be a City owned and operated international press center and the City will provide a hi -tech studio for transmission, recording for this press conference, press meetings and interviews, and also a satellite facility for Net Nine, which could be used to produce different programs. So, that is my view of what the building should be. I'm just one vote, but I'm going to tell you right now, I will not vote to approve the construction contract unless and until we have the details of this international press center. The space, the way that it's going to be built, and exactly what we want. Lucia? Ms. Dougherty: I just have a couple of questions. We currently have a contract with the City. We are willing to modify it to make it better for the city, both in terms of our construction, as well as the increased rent, as well as us covering the costs of the overruns. And if you're saying to us that MSEA would no longer be at that location downstairs, remember, I just want to point out what the downstairs has. Chairman Regalado: Lucia, excuse me. Ms. Dougherty: Yes sir. Chairman Regalado: I didn't want to create a crisis. I think I did. But what I'm saying is Ms. Dougherty: No, I totally understand. What you're trying to do is -- Chairman Regalado: That in lieu of the space that you all have offered MSEA, I would rather, this is -- Ms. Dougherty: It's no problem. Chairman Regalado: -- just me, I would rather have a first-class international press center -- Ms. Dougherty: Yes, and -- Chairman Regalado: -- and that's in lieu of the MSEA, because -- Ms. Dougherty: That's absolutely perfect. Chairman Regalado: -- you know, we don't want -- I wouldn't want to impose, while you give us a press center, you give us the MSEA office and you give us, you know, a room with a view, all of this. Ms. Dougherty: That is actually a perfect location because it is downstairs, and we have the entire upstairs as well. What we had intended is the upstairs to be a complete area for the press as well for social functions as well as press conferences, Miami Today, you know, Good Morning America would broadcast from the rooftop. Why don't you show him a copy of this rendering, but that's -- 94 May 23, 2002 Chairman Regalado: Yeah, yeah, yeah, I know all of that. Ms. Dougherty: So downstairs -- Chairman Regalado: But that's not what we are saying. Ms. Dougherty: Downstairs is this whole office area that we had for MSEA with their own separate entrance -- 1,700 square feet -- 1,300 square feet, whole separate entrance that they can have, you know, we could modify it maybe for a couple of hundred more square feet. I assume that we could move some walls around and have more room. But the point is there is this location downstairs. It has a separate entrance. It would be perfect. Chairman Regalado: Well, I think the International Press Center that I'm talking about is bigger than 1,300 feet. Ms. Dougherty: What are you thinking of? Commissions Sanchez: But that area's not near the water. That's the one facing the parking lot, right? Ms. Dougherty: Is it? Yeah. But you have the upstairs on the water. The entire rooftop. Commissioner Teele: Mr. Chairman, I don't think we should try to negotiate, because they've got all the facts. I'm really concerned and distressed that one of our colleagues did not join in the discussion. I want to know how he feels. I have no idea about how Commissioner Winton feels. I would like to say this on the record. When I was privileged to serve, as chairman of the County Commission -- and Bill knows this better than anyone -- we did the same thing at the airport. Coming out of the Summit of the Americas we created in two places an International Press Center. Right now to this day the press center that I set up at the airport, if the president of Argentina or the president of Haiti is on the run and they land in Miami, the first place they go is to that press center which says Miami -Dade County Press Center, ok, and it is that image that is flashed all over the world and one of the reasons that Alex Penelas was so busy trying to get the word Miami in front of Dade County is that when you have a press center that said Dade County nobody knew where it was. They all said can I go to the Miami Press Center? That's what the presidents and prime ministers of various countries said. I firmly believe that if there is a press center downtown that is not in a closet Bill Talbert, but is a joint press center location not someone stuck down in a corner facing the parking lot, but one that says City of Miami International Press Center, it is going to do the greater Convention Visitors Bureau and the City of Miami a tremendous world of good, because every foreign head of government that's at the Intercontinental or at the various five-star hotels is going to say I'd rather have my press conference not in the lobby of the Intercontinental or not in the lobby of the J.W. Marriott, they'd rather go over to this beautiful venue on Watson Island and do it, and all we're talking about doing, all that I'm 95 May 23, 2002 talking about doing, is two things. One, branding this city and creating the kind of venue Bill that is a joint effort with the hotel and visitors bureau, and I for one do not agree with my colleague Commissioner Regalado in accepting a press place that is really not going to be usable. It should be the main one and I for one think it should be, Bill, I for one feel that it should be the City of Miami International Press Center. I think it should be owned by the City, but it should be operated -- this is not consistent with what my colleague just said -- by the Convention Bureau, because we're not going to have staff over there and we don't need to create a huge administration, but that's something we can sit down and agree to in a manner in which that I think we can all have a discussion on, but the fact of the matter is, is that I also believe that we do need to preserve administrative space to ensure that the security aspects of this airport are properly thought through and properly done and that the City's responsibilities as the grant recipient of the funds and will be the future grant recipient of funds is properly administered and properly done. I'm not asking for a redesign. I'm not prepared to say that MSEA shouldn't or should -- Commissioner Regalado has his view, I have my view, Commissioner Sanchez, Winton and Gonzalez we all have our own view -- But I think one of the things that most of us are going to be in a majority on is that we ought to sit down with the visitors bureau and engage in a branded facility and who runs it, who has the key, you know, we can do that through almost an inter -local agreement on who's got preferential use on it. If we've got a head of state coming to town or an ambassador we'll work through all that because it's all one venue. We're all promoting the same venue. Ms. Dougherty: Do you have a -- and I guess this is to Chairman Regalado -- Do you have in mind how big the International Press Center should be? Chairman Regalado: Lucia, what I -- Ms. Dougherty: And does it have to have a separate entrance? That's the two questions. Chairman Regalado: It does have to have a separate entrance. And when I said operated by the City of Miami, I meant that the City will have control and that the City would facilitate that center to the Bureau. When I said that I personally was willing to say well MSEA shouldn't have an office there is because I do not want to create more problems for the designers or, you know, saying well, you know, we want a huge press center but we still want the MSEA and to impose on the Bureau, on their plans a new additional facility. A center has to have a holding area for the dignitaries. A center has to have facilities for the dignitaries to freshen up, you know, different amenities. A center should have a small dining room for this kind of visitors if they're going to spend two or three hours. Very small, you know, doesn't have to be great. A center has to have an auditory with a podium, with a stage and press seats to accommodate the members of the press and also a small TV studio and recording, plus -- That is what an international press center. I can tell you about a press center because I've been around many, many throughout the world. Ms. Dougherty: Well while the entire building is 41,000 square feet, the bureau's second floor, which is the only place we have offices, is 27,000 square feet. It's not 41,000 96 May 23, 2002 square feet. Downstairs there's the INS (Immigration and Naturalization Services), there's the ticket place, there's the Chalks Airlines, there's the MSEA offices and that's the only place that has a separate entrance. I mean, if you want to designate a place in the bureau offices, for example, one of our larger conference rooms, and somehow we retrofit that to be a pressroom as well as the top floor, we can accommodate that within the existing building. What we can't do now is give you a separate entrance for someplace that has an auditorium and that kind of thing. It wasn't designed that way at this point, you know, we're asking at our risk to go out for construction drawings without a contract with you. We don't even have a contract in. We're willing to go out there and put an RFP out -- Chairman Regalado: Lucia, you just said that MSEA would have a separate entrance. Ms. Dougherty: That's downstairs. Yes. Chairman Regalado: I said, well, but you know, I am not an expert. Ms. Dougherty: From our standpoint I'm talking for Bill. That's yours. Chairman Regalado: From my standpoint, I am not an expert. I mentioned to withdraw the MSEA office because I don't want to create a hardship on your plans. But I just tell you, it is our only change for the City of Miami to have a first-class international press center and I will tell you that the City of Miami deserves to have a first-class international press center. Ms. Dougherty: Can't disagree with you. Chairman Regalado: That's all I'm saying. If we could build, if we could use the mayor's terrace to build an international press center, fine. But the fact of the matter is that we can't. It is important for the City to have -- I think more important for the City of Miami to have an international press center a first class, than the MSEA office there, so that's all I'm saying. I don't want to derail the project. I don't want to create a hardship on the planning and on the timing. I'm just saying that I don't think it's unfair to ask to have an international press center owned by the City of Miami, and when I said operated I didn't mean in terms of employees, I said that the city could use that center whenever we decide to use it, and of course, the bureau can use it and, of course, MSEA can use that center, and of course, even Miami -Dade County, Senator Bob Graham or Senator Bill Nelson or the governor of the state of Florida wants to use the press center to call a press conference and is there as long as, you know, the (UNINTELLIGIBLE) says the City of Miami International Press Center. That's all that I'm asking. Ms. Dougherty: Remember, this is your building. It stays in your building. It's not the bureau's building. This is your land, and again, if it's the consensus of this Board to, you know, substitute a City of Miami office for the MSEA office, that is certainly something we can do. We can even look at making bigger square footage in that area, and make no mistake about it; we view this as a public office. We view our job as a salesperson for 97 May 23, 2002 the entire destination and particularly in the City of Miami because this is your facility and to that extent, we are willing to put in the contract that you have full use and right to use any of our conference rooms at any time; you just tell us I advance, you have that right. You have the right to use the social functions on the top floor. You have the right to use -- and if you want to have one designated conference room as the City of Miami conference room that you have right of first refusal, we're willing to do that in priority. What we cannot do is get a separate entrance for a 5,000 square foot -- Chairman Regalado: I haven't asked for a separate entrance. Ms. Dougherty: Ok. Chairman Regalado: But I don't know. I'm just a vote here. I don't know the will of the other four members of the Commission. I've heard Commissioner Teele. We haven't heard from -- Commissioner Teele: I want to hear from Commissioner Winton. Chairman Regalado: -- Commissioner Winton, you know? That is my idea. I have not requested a separate entrance. I have not requested the rooftop, which, by the way, will be the right way and the best way for an international press center because of the view. Ms. Dougherty: Exactly. Commissioner Sanchez: You're subject to weather. You're going to be subject to loud noises from the planes and the helicopters. Ms. Dougherty: But we have the cloud. I mean, it's the same thing. Have you been on the Sony rooftop in Miami Beach? They have television there. Sony Television has a huge cloud on the top of the Sony building on Lincoln Road in Miami Beach and it's a perfect venue. Mr. Gimenez: Also, I understand -- Ms. Dougherty: It's a cement -- Mr. Gimenez: So I understand -- Ms. Dougherty: The cloud is a cement -- Mr. Gimenez: Also I understand that if you do find further resources in the future you could always enclose the cloud. I mean, the top floor and make it an indoor space, am I right? If you found additional resources you could actually enclose that top floor? Ok. 98 May 23, 2002 William Talbert: Add a roof? Actually, the roof is what we are going to use to sell your city. I don't do any press conferences inside. We sell what's outside here and this roof it to have press conferences and functions outside. I don't use any indoor press facilities. Commissioner Teele: You're not? Mr. Talbert: No I don't. Oh. Which -- Commissioner Teele: You are in Miami. Why shouldn't you? Mr. Talbert: Exactly. Thank you. Thank you. I'm serious. That's why we're doing -- Commissioner Teele: I would really like to hear from the district Commissioner, and I want to apologize if there was something said that may not have come out the right way. But I think we all recognize that Commissioner Winton is the District Commissioner and while we're talking about a citywide resource, his views are very much needed to make a firm decision on this, at least in my mind. Chairman Regalado: Yes sir. Vice Chairman Winton: Well, first of all I'd like to thank both you and Commissioner Sanchez for recognizing my frustration level and I thought that I needed to get a fresh glass of water before I started talking so I didn't approach this in a way that I would regret later and I really do thank both of you for recognizing that. Because I did need to think about why I was frustrated. You all knew it and I think I do understand it now and what I understand clearly is that, while I listened, Commissioner Teele, to your two ideas, two key points. One was about an international press center and the other's about security. Both of those points are 100 percent right on. Internally, I wasn't quarreling with that concept. I knew in my mind that that was right. I was struggling however with the press center part because I was hearing MSEA talking about the fact that they wanted an office. So I couldn't figure it out if this was a MSEA office or a press center, and I knew absolutely that MSEA didn't need an office They've got an office and we own the arena, and it's a huge facility. I can't imagine we can't figure out a way to get more space in the arena if we need more space for MSEA. But the press center's a different issue and a very important one, and I think what was frustrating me so is that this issue has been out there for everybody for a long time, a long, long time and I know I do the same thing, you know, it's out there, but it isn't in front of me, so I'm not thinking about it and I'm not being forced to think about it because it isn't in front of me, but when it does come in front of me I think about this stuff, which is exactly what's happened here and that was the part that was frustrating me. The fact that it's been out there so long. I dealt with it for a year, spent a ton of time on it and MSEA at least a year and so while the ideas were good, I was struggling with now how do I reconcile the fact that you have two good ideas, this has been out there for many years, including in front of MSEA for so long and is there a way to reconcile the issue over two really good ideas. One of them is a function of today's new reality, and that's the security issue, which no one's thought about at all, period, hadn't thought about. Our Public Works director doesn't, you know, 99 May 23, 2002 have an airport license either. They're in no better shape than MSEA. I mean, no one around here's in good shape to figure this issue out. So it's a very, very important issue that absolutely no one has thought of and a good thing that you brought it up, but I was struggling with trying to figure out how we can reconcile two new good ideas with the complexity of a deal when you had Chalks at the table that's been more than a challenge to deal with in getting this whole thing done and MSEA in the loop for a long time and the Visitors and Convention Bureau running up against now an absolute deadline to get this thing done and so I was frustrated about all that. If the Visitors and Convention Bureau people can figure out how we can end up with this press facility, that I think is a great, great idea, I don't have anything to say. I would support this whole thing wholeheartedly and I don't know if they can or can't and I think we need to hear from them in terms of whether or not they can figure out how we can get that press facility, because I think it's a great idea. Chairman Regalado: Commissioner Sanchez. Ms. Dougherty: It was always intended the press facility for the convention bureau would be on the roof. Commissions Sanchez: On the what? Ms. Dougherty: Roof. Ruff, roof. "El techo," OK, so it was always -- Chairman Regalado: No, no, no, no Lucia. Ms. Dougherty: Yes. Chairman Regalado: No, no, no. This is wrong. We are talking two different things. Ms. Dougherty: All I'm saying to you -- let me tell you where we are -- Chairman Regalado: No, but I -- Ms. Dougherty: Well you have that consensus. Chairman Regalado: You just show me something, and what you show is exactly what the Convention and Visitors Bureau had in mind when they do the outreach to the networks. If we have, say the races in October, they would reach out the Sports Network and offer them the rooftop so they can have their interviews looking at the bay, looking at the skyline. That is what they call the network shot. That is what they call the Miami Skyline shot. That is totally different to an international press center. So, it is -- Ms. Dougherty: Well, that's only one aspect of it. Chairman Regalado: No. 100 May 23, 2002 Ms. Dougherty: One aspect from our standpoint. Then we have the downstairs area. Then we have our conference rooms. We are willing to change one of our conference rooms into, not only a conference room, but a press center as well. Vice Chairman Winton: How many square feet does the international press center need? Chairman Regalado: At least 2,500-3,000 feet, at least. That's -- Ms. Dougherty: We can probably do that on the first floor. Chairman Regalado: That is the least that you can have for a -- and remember Johnny, an international press center has several components. You have the holding room for the dignitaries, you have a meeting room for them to rehearse or to sit and wait just for their turn and you have some facilities for them to have a snack or something like that and you have the actual press room plus you need the TV's, studio facilities in the back and all that. So -- Vice Chairman Winton: And who pays for all of this? Commissions Sanchez: Well that's -- Chairman Regalado: Who pays for all that? Vice Chairman Winton: Who's going to pay for this -- Commissions Sanchez: That's one of the concerns that I have. Vice Chairman Winton: -- for fitting out this press facility? Chairman Regalado: Well the sitting -- Commissions Sanchez: Or staffing? Chairman Regalado: No. The staffing, as Commissioner Teele said, will be done by the Bureau because the Bureau is going to use that press center too. Now, who pays for the electronic equipment? Well, the City does, and the City has to do it because if we are thinking with these plans that we have with AT&T and all entities, to do what we need to do with Net Nine, and we thought that we should have a satellite first-class studio for the Mayors and Commissioners and dignitaries to be interviewed. To do the program, and they don't have to go to the fire college on the second floor and wait until the firemen stop jumping on the gym in the floor upstairs. Well, we can do it there. I mean, the money that we are thinking that we need to spend for a first class; small PVS studio facility should go there. That's -- 101 May 23, 2002 Vice Chairman Winton: So what is the bureau saying right now then about the ability to combine their own? How much square feet? You already have a press center or something for 1,300 square feet you've talked about. Ms. Dougherty: No. That's your MSEA offices. Because we were going to -- Vice Chairman Winton: Our MSEA's offices? Ms. Dougherty: We could take your MSEA offices; convert that to the press facility -- Vice Chairman Winton: Plus some more space. Ms. Dougherty: Plus more space. Vice Chairman Winton: Yeah. Chairman Regalado: That's what I'm saying. That's all I'm saying. Vice Chairman Winton: So we got half of it, already. So the question is, can you all do this? Ms. Bianchino: Dena Bianchino, Assistant City Manager. We need to look at the floor plan and see how we can rearrange the first floor to accommodate Commissioner Regalado's request. Chairman Regalado: No, no. It's not Commissioner Regalado's request. You have heard -- Vice Chairman Winton: It doesn't matter. Chairman Regalado: -- already -- Vice Chairman Winton: Commissioner Regalado it's 4:40. We haven't gotten to the agenda. So, we all understand -- Ms. Dougherty: Ok. Vice Chairman Winton: Just -- Ms. Dougherty: Great. The only issue here is rent has to be paid on all of the space because it's an airport facility. So if the city has its press center, somebody has to pay the rent for it into the airport fund. Commissioner Gonzalez: And MSEA would also have to pay; if it was MSEA's office, they would also have to pay rent, right? 102 May 23, 2002 Ms. Dougherty: If it were MSEA's office they were going to pay rent. Mr. Gimenez: This is not -- Chairman Regalado: Well, if you ask me, I would say that the bureau has to pay the rent for that facility. But that's only me. Ms. Dougherty: In light of the fact that you said that we were going to manage it. Chairman Regalado: Huh? Ms. Dougherty: You said that we were going to staff it; manage it -- Chairman Regalado: If you are going to manage it, you have to pay for it and it's the City's international press center. Ms. Dougherty: But the City builds it out. Chairman Regalado: Huh? Ms. Dougherty: The City will build out the electronics. Chairman Regalado: Oh, yeah, definitely. But the Bureau -- Mr. Gimenez: But they will pay the rent. Chairman Regalado: But the Bureau will pay the rent. Commissioner Sanchez: Let's get that straight. They will pay the rent. Chairman Regalado: Of course. Commissioner Sanchez: Visitors and Convention will pay the rent. Mr. Gimenez: I'm not crazy about us building it out, but that's fine. We build it out, great, but they will pay the rent, right? Chairman Regalado: Carlos, we are not building that. We are facilitating the electronics component. Commissioner Teele: The up link, the downlink, the whole nine yards. Mr. Gimenez: Fair enough. Commissioner Teele: And it's really going to make it -- what he's talking about with the up link and down link is far beyond what you would normally have put in. It's really 103 May 23, 2002 going to make it a much more attractive place that you could possibly even go out and pitch now a network to come in and do a three -days or four -days, you know, from Miami. You know, how Oprah did it and once there at Bayside I think from the Amphitheatre and that kind of thing. So I think opens up a whole another way to brand the city, and that's what we're talking about. Making Miami appear the way it used to when Jackson Gleason was alive. It appeared like Miami. Vice Chairman Winton: So we either need a decision from the Bureau that they're accepting this concept or we need to defer this and move on. Chairman Regalado: We need -- Mr. Talbert: Well, let me, just for the record -- one of the key components of this whole project is a regional visitors center. That's what drives the CDT (Convention Development Taxes) moneys, and he ended that, which is probably not large enough to begin with, with what was planned was fine. But it made the building eligible, and Johnny you helped, for the $3.8 million. That facility, not the press, not any other part of that center, but $3,800,000 of CDT money is because of the regional visitor center. Vice Chairman Winton: Why can't a regional international state-of-the-art press center be a part of the visitor's center and all count together? That's not irrational. Mr. Talbert: We have to look at it but you know, I don't want to lose the eligibility for that money. Vice Chairman Winton: Well then, back to my point. We either need to make a decision now or we need to defer. Chairman Regalado: We'll defer that to June 13th. You want a time certain? Vice Chairman Winton: It's up to them. They need to decide. They need to decide if we're -- Commissioner Sanchez: All these concerns -- Vice Chairman Winton: -- deferring it right now Commissioner Sanchez: -- need to be addressed. Vice Chairman Winton: -- or you're -- You either want us to -- I'm sorry. Let me restate this. We need to vote now. You can make a decision -- you need to make a decision that you are for or against the press center -- Ms. Dougherty: No, we are for it. 104 May 23, 2002 Vice Chairman Winton: Or for the press center, OK? So then if you're for the press center and you like the concept that's being presented so far, but you need to work on the details, if that's what you're saying, then we probably need to defer this so that you can work those details out. Ms. Dougherty: Why don't we approve it subject to -- a press center showing 2,500 square feet. If we don't get it, we'll have to come back to you. If for some reason Dade County doesn't accept the reduction in the visitor's center, then we have to come back to you. Chairman Regalado: No. We'll do it on the 13th. You come back with everything. Commissioner Teele: Let me tell you what I really think. I think we need to be very careful when we start trying to move around buildings. We did this before -- not "we," none of us -- but we did this before with the old arena. We started moving stuff around. What we ought to do is defer this item to a time that's convenient for Bill on the 13th or for that matter we've got a meeting on the 30th. Bill, we have a CRA (Community Redevelopment Agency) board meeting I think on the 30th? We could ask a special Commission meeting. If you want to do it sooner, I mean Ms. Dougherty: I like that. Commissioner Teele: But the fact of the matter is, we need to have the architect -- Vice Chairman Winton: That's the right point. You're right. Commissioner Teele: We need to have the architect of the City to go over these plans with us, with the planning staff, with the asset management staff. Because, you know, do you all have an architect at Asset Management? We do have an architect of the City, right? Mr. Ponds is still around? We ought to have Mr. Ponds ought to be the guy that's down here trying to devise. We don't need to do this the way the way we're doing it to try to -- Ms. Dougherty: We have an architect on board that we're paying for. Vice Chairman Winton: Yes. Their architect can figure out whether this works or not. Commissioner Teele: Well their architect and our architect ought to all be at the table together and our planning department. If this were a private developer, we'd ask the planning staff to work with them and we ought to just employ the same process, but we ought to fully engage the manager's resources and bring this thing back as soon as it's convenient for the Visitor's Bureau because none of us want to delay this. This is a good proj ect. 105 May 23, 2002 Mr. Gimenez: Commissioner, I think that your suggestion of a -- if you are meeting on the 30th that we should be able to come back here on that CRA meeting if you want to have a special meeting then. Just for this item. Commissioner Teele: I think it deserves it and I think we would not be fair to this process if we don't give them that opportunity and I will let them decide if they want it and the Chairman could call the meeting as a special meeting if he so desires. Mr. Gimenez: And the reason that we really want to get this going is because they do have to have that shovel in the ground before the end of the year and we need to start this process. Vice Chairman Winton: OK. So -- Chairman Regalado: You want a special Commission meeting at 4 o'clock on the 30th Commissioner Teele: Four thirty? Chairman Regalado: I would rather -- Vice Chairman Winton: Bill -- Chairman Regalado: -- do it at four, Commissioners. Commissioner Teele: Four o'clock. Chairman Regalado: Four o'clock. Could you, Johnny? Vice Chairman Winton: That's fine with me. Chairman Regalado: That's fine with you? Commissioner Teele: Where's the CRA meeting going to be? Priscilla A. Thompson (City Clerk): At the arena. Commissioner Teele: At the arena? Ms. Thompson: And it's scheduled for four. Vice Chairman Winton: For 4 o'clock at the arena? Chairman Regalado: That's true. It's scheduled for four because Commissioner I have to leave for something at 6:30. Commissioner Teele: Well, let's make it 3:55. This special Commission meeting. 106 May 23, 2002 Chairman Regalado: 3:55. It's fine. Ms. Dougherty: Can I ask a question? Is this the only issue left? Chairman Regalado: Yes. Ms. Dougherty: So that we can proceed with our contract documents and perhaps have them on the agenda? Chairman Regalado: I think that what you've heard here this is the only issue, the international press center, but I don't know if anybody else has another issue. My only issue is the international press center and you pay the rent. Chairman Gonzalez: I don't have an issue but I have a question. Chairman Regalado: Go ahead sir. Chairman Gonzalez: Because when the project was first explained to me MSEA supposedly was going to be the managing firm or whatever. They're going to be out of the picture completely now, right? So MSEA won't have anything to do with this facility. It will be -- Ms. Dougherty: That's the question that the City staff wanted to ask you. Chairman Regalado: No, no, no. Chairman Gonzalez: I know where -- Chairman Regalado: It's different. It's different. Angel, it's different. MSEA will have a role in the Watson Island perimeter in terms of marketing like that was decided. The only issue here is the office that MSEA -- Chairman Gonzalez: Right. Chairman Regalado: -- was going to have there. Chairman Gonzalez: That I understand. But since -- Chairman Regalado: But I don't think that the MSEA role changes -- Ms. Dougherty: Here's the question. Chairman Regalado: -- in terms of marketing Watson Island. 107 May 23, 2002 Ms. Dougherty: Here's the question. In order to get this accomplished we have to come back with a contract with the City of Miami, as well as a contract with MSEA and within the context of the contract with MSEA, the City staff was saying what do we put in the contract for their role? Chairman Gonzalez: That's what I was referring to. Chairman Regalado: But that's what the board of MSEA to decide. Not ours. Chairman Gonzalez: No. That's exactly why. Because we were discussing that MSEA was going to be the managing -- Chairman Regalado: But, Angel, remember that the only thing that we have said here is that we'd rather have the international center -- Chairman Gonzalez: I under - Chairman Regalado: -- than the office space. Chairman Gonzalez: I understand that and that is put aside. Commissioner Teele: Mr. Chairman -- Chairman Gonzalez: I understand the point. Now, my next point -- Commissioner Teele: I would remind -- Chairman Gonzalez: -- My next question is, is MSEA going to still have a role on marketing and managing the project or not? Mr. Gimenez: Mr. Chairman -- Chairman Gonzalez: So I know exactly where I stand. Chairman Regalado: To me? Yes it does have a role. It does have a role -- Mr. Gimenez: Mr. Chairman -- Chairman Regalado: -- because MSEA is a marketing entity. Mr. Gimenez: Mr. Chairman? Chairman Regalado: Yes sir. Mr. Gimenez: If I might. This item was a request by the City Manager, essentially, to bring the City Commission up to speed on a variety of issues that were still outstanding 108 May 23, 2002 with regard to this matter and he was requesting direction. I think the City Commission and its discussion and its debate has provided the City Manager that direction. The agreement will have to come back in its final form for this City Commissions approval, and I think, unless the Manager has additional questions, you've provided him the direction that he needs. With regard to what MSEA's role may be or may not be, we have to be careful because some of you serve in a capacity of members of the MSEA board. MSEA's role, space and issues, they're a party to this contracts and the MSEA board will make determinations with regard to what their role will be in terms of a negotiation with both the parties. So we need to make sure that, as you sit here today, you're sitting as City Commissioners and you give the manager direction. Chairman Regalado: That's what I said. That the MSEA board will decide whatever role. Commissioner Teele: Mr. Chairman, the only thing that I would accept or ask is that we would, as a part of this, ask the manager and the MSEA executive director, along with the mayor, to meet and to help to try to see if there is some consensus on the roles of the three parties, particularly as it relates to MSEA and the City of Miami. I think -- it's not fair to the third party for us to now take this and make it too proactive, and so I would only ask or move or request that the Manager and the executive director of MSEA and the Mayor meet jointly, tri partite, and try to help define and bring a little bit more into focus the appropriate role of MSEA and the appropriate role of the City of Miami in light of all of the things that have been raised and discussed, and in light of the mission of MSEA. Chairman Regalado: Ok. So, we will do this. Is everybody ok on 3:55 Special Commission meeting -- Commissioner Gonzalez: We need a motion. Chairman Regalado: May 30th to accept the contract? Is that -- Commissioner Teele: At the old Miami Arena. I would so move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say -- Mr. Gimenez: Mr. Chairman, there's one -- Chairman Regalado: Miami Arena. We have a CRA meeting at four and 3:55. Commissioner Sanchez: All right. Fine. OK. 109 May 23, 2002 Mr. Gimenez: Commissioners, the agreement will come back to the City Commission due course and should be before you on a timely basis. But there is one item that affects the critical path of this project and that's Item number 9. The issuance of the RFQ. Chairman Regalado: But wait, wait, wait. Two Commissioners we need to know the will of the other three members of the vote said that there's no vote on Item 9 until we resolved what we discussed on Item 10. It doesn't matter. It's psychological. Commissioner Teele: Let's take that item up on Thursday as well. So Item 9 and Item 10 and the related items will be taken up at Thursday at 3:55. Mr. Gimenez: Ok. Then, I just want to make sure that expectations aren't higher than they need to be. I think you all are expecting a fully negotiated agreement before you next Thursday. Commissioner Teele: At least the terms sheet. Mr. Gimenez: That's fine. That certainly can be reached. Commissioner Teele: At least the term sheet. Mr. Gimenez: That's fine. Chairman Regalado: That's the only one? On the deferral to the 30th of Item 9 and 10 for 3:55 May 30th on Miami Arena. 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. 02-576 A MOTION SCHEDULING A SPECIAL COMMISSION MEETING ON MAY 30, 2002 AT 3:55 P.M. AT THE MIAMI ARENA TO CONSIDER PROPOSED AGREEMENT WITH THE GREATER MIAMI CONVENTION AND VISITOR'S BUREAU FOR THE BUREAU'S ISSUANCE OF A REQUEST FOR QUALIFICATIONS FOR A CONSTRUCTION MANAGER AT -RISK AND ITS RESPONSIBILITY TO OVERSEE AND MANAGE THE CONSTRUCTION OF THE WATSON ISLAND REGIONAL AVIATION AND VISITOR'S CENTER. 110 May 23, 2002 Upon being seconded by Commissioner Gonzalez, 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: None. ABSENT: Vice Chairman Johnny L. Winton (COMMENTS MADE AFTER ROLL CALL) Commissioner Teele: Mr. Chairman, Commissioner Winton has requested of the CRA an executive session through the City Attorney. That executive session will take place after the City Commission has its special meeting. I just wanted to clarify that. Mr. Gimenez: Commissioner Teele, yes. I was going to make that request, but there's a modification to it. Did you calla special meeting for the 30th9 A Special City Commission meeting? Commissioner Teele: That was the vote. Chairman Regalado: We did vote -- Mr. Gimenez: It was a vote to defer. Chairman Regalado: -- a Special Commission -- no, no. To defer these two items for the Special Meeting on May 30th at 3:55 Miami Arena before the CRA board meeting. Mr. City Attorney, this gentleman has business in Watson Island. He's been trying to get on the agenda to speak to the City Commission. Now, he has received a letter from the city evicting him because he sits on the property that we are discussing right now. My question to you, Mr. City Attorney, Mr. City Attorney -- Mr. Vilarello: Yes sir. Chairman Regalado: My question to you. Should we listen to him now, later on -- Martin Tritt: I wanted to speak to the builder -- Chairman Regalado: Wait a minute. Wait a minute. Mr. Tritt: All right. 111 May 23, 2002 Chairman Regalado: Should we listen to him at all? Mr. Vilarello: Commissioner, if I could see a copy of the letter that he's referring to I could advise you. Chairman Regalado: Do you have the copy of the letter sent by the Manager to you? Mr. Tritt: The original eviction notice? Chairman Regalado: Yes. The City Attorney would like to see it. Mr. Tritt: I have it at my store. It was for May 31st, but what I want to speak to now is the fact that you have a building that's way spread out, that I believe that if you would talk to the Governor and he would talk to his brother with this concern of security at the port you could build a round building that was very high that could have security that would be able to watch the activity at the port -- Chairman Regalado: Look. I'm afraid that you're wasting your time, because I mean, you know -- Mr. Tritt: Well I would like to -- Chairman Regalado: I really would like to give you all the time in the world but you have seen what's going on -- Mr. Tritt: Well, I don't want a lot of time. Chairman Regalado: We're not going to change the building. You know, whatever you say that building is going to stay as designed. Mr. Tritt: Well, you are losing -- the income goes into the aviation center and in exchange you are losing the rent from my store and you are also losing 500,000 gallons of gasoline a year in sales, and having bathed in that area and catering to tourists and -- Chairman Regalado: I'll tell you what. Mr. Tritt: -- visitors alike. Chairman Regalado: You send the City Attorney the letter. If he feels that you have the right -- You have the right to address the Commission every time that you wish and you have done that. But if he feels that there is some legal issues that we need to hear, then we will place you officially on the agenda. We need to know your name and address please. Mr. Tritt: My name is Martin Tritt. 5261 La Gorce Drive. 112 May 23, 2002 Chairman Regalado: Thank you sir. OK. 17. SCHEDULE EXECUTIVE SESSION FOR 3:30 P.M. ON MAY 30, 2002 TO DISCUSS PENDING LITIGATION IN CASE OF CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION INC. Alejandro Vilarello (City Attorney): Mr. Chairman, would it be appropriate to request that executive session at this time? Chairman Regalado: If we have a quorum. Mr. Vilarello: You do, sir. Chairman Regalado: Oh, OK. Yes. We have a request for an executive -- CRA (Community Redevelopment Agency)? Is it CRA? Mr. Vilarello: It's actually Commissioner, it involves the City of Miami versus St. John's and the CRA is also a party. But because this is a City of Miami, we will be requesting the executive session in the matter of the City of Miami versus St. John's and, hopefully, we can have that at the special meeting of the City Commission on the 30tn9 Chairman Regalado: Yes, sir. That is up to the members. We would need to start at 3 o'clock. Mr. Vilarello: Mr. Chairman, I will remind you that you also -- I believe you have a MSEA board meeting scheduled at 1:30. Chairman Regalado: At 3:55. Oh, we have a MSEA board meeting, that day? Mr. Vilarello: I believe I saw a note -- Chairman Regalado: On Thursday? Mr. Vilarello: I believe I saw a notice. Yes. Chairman Regalado: That's the -- Mr. Vilarello: A committee meeting at 11 o'clock and the regular MSEA board meeting starting at 1:30. Chairman Regalado: Then you cannot have an executive session, because it's going to be too tight. It's either we defer some of the items of the MSEA -- What is in the MSEA board? Where's Jim? Jim, we have here a situation. You want to go to the podium and - 113 May 23, 2002 - Commissioner Teele, on Thursday the 30th there is a MSEA board meeting at 1:30. If you did request an executive session for CRA, right? Mr. Vilarello: Commissioner Winton has requested -- Chairman Regalado: Sorry. I'm sorry. Commissioner Winton did. Mr. Vilarello: -- and I request an executive session. Chairman Regalado: So I said 3 o'clock because we have the Commission meeting at 3:55, but the City Attorney said we have a MSEA board at 1:30. Do you think that the items that you have in the agenda would they be long or we can do this in one hour and a half, two hours? Jim Jenkins (Executive Director, Miami Sports & Exhibition Authority): At this time I think we can do it in two hours, yes sir. Chairman Regalado: Ok. Are you OK with an executive session -- Mr. Vilarello: This updated session should only take a few minutes. Less than 20 minutes. Chairman Regalado: So 3:30 executive session, 3:55 a Special City Commission meeting, 4 o'clock CRA meeting. Mr. Vilarello: That should be plenty of time for the update. Chairman Regalado: OK. Everybody OK? OK. That's it. Mr. Vilarello: Thank you. Commissioner Teele: Why don't you do this -- What time are you calling the executive session, Carlos? Chairman Regalado: 3:30. 3:30 and he only needs -- Commissioner Teele: 3:55. Chairman Regalado: And 3:55 on the Regular Commission. OK. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. I have to represent the City at the MPO (Metropolitan Planning Organization). Commissioner Winton has got a very important item that is going to be controversial. So I think he's going to be gone and I'm going to be gone. The meeting starts at 5 o'clock. 114 May 23, 2002 18. REQUEST FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) CONVEY SURPLUS PROPERTY TO THE CITY OR ITS DESIGNEE, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR NO MONETARY CONSIDERATION, FOR PURPOSE OF REMOVAL OF SLUM AND BLIGHT WITHIN SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA OF CITY. Chairman Regalado: Could you let me just do one of my items which is in the blue page, and it's really important because it's a discussion concerning the transfer of surplus property for a specific use from the Florida Department of Transportation to the City of Miami. This is a property bounded on the north by northwest 19th Terrace, on the south by Northwest 18th Street, on the east by Interstate 95 and on the west by 7th Avenue. Now I have a resolution of the Miami City Commission, with attachments, requesting that the Florida Department of Transportation (FDOT) convey surplus property to the City of Miami or its designee the southeast Overtown Park West Community Redevelopment Agency (CRA) for no monetary consideration for the public purpose of removal of slum and blight within the Overtown Park West Community area of the City of Miami authorizing the acceptance of a deed for the subject land with a revert clause and authorizing the City Manager to exercise provision contained herein. Commissioner Teele, can you chair so I can -- Commissioner Teele: Motion by Commissioner Regalado. Is there a second. Commissioner Sanchez: Second. Commissioner Teele: Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: Opposed. Mr. Chairman, if I may. One no. 115 May 23, 2002 The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION NO. 02-577 A RESOLUTION OF THE MIAMI CITY COMMISSION DISCUSSION CONCERNING THE TRANSFER OF SURPLUS PROPERTY FOR A SPECIFIC USE FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO THE CITY OF MIAMI (GENERALLY DESCRIBED AS BEING BOUNDED ON THE NORTH BY NORTHWEST 19TH TERRACE, ON THE SOUTH BY NORTHWEST 18TH STREET, ON THE EAST BY INTERSTATE 95 AND ON THE WEST BY 7TH AVENUE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: Vice Chairman Johnny L. Winton Commissioner Teele: Mr. Chairman, if I may. This is in the district that I'm pleased to represent. I am requiring that before anything be done, that the staff, the lawyers and all parties that may be involved meet with Commissioner Gonzalez, at his convenience, and fully brief him and keep him apprised, including the CRE director of each and every action that is being taken. It's one thing to have someone who objects to something, it's another thing to disrespect the public office holder, and I will not be a part, Commissioner Gonzalez, of any disrespect to you or your office and I have met with all of the people involved, and I'm sure the City Attorney will confirm to you at every turn I've insisted that you be fully appraised and advised of everything that's going on and I just want to tell you, there's a way to do things and there's a way not to do things and if you want to get along we can all disagree and vote no. But the one way we'll be hating each other if we start sneaking up on each other. Commissioner Gonzalez: I thank you for that and I really appreciate it because the fact of the matter is that I haven't been contacted, nobody has maybe intentions to talk to me about this issue and they have mentioned the fact that they tried to meet with me and they were not able to and that is not true. Because aside from my work, which I'm working 116 May 23, 2002 different hours, I spend most of the time coming down to City Hall to meet with everyone in issues that is related to Overtown, issues that are related to Coconut Grove; to Brickell, so they haven't made an effort to sit down and talk to me and I appreciate the fact that you mentioned that Commissioner Teele. Chairman Regalado: Commissioner Gonzalez, I thank you for supporting this. I'm sorry. For your candor in saying this and I do agree with Commissioner Teele. I would not entertain, as Chairman, any motion except from this approved in the next Commission meeting if they have not met with you, and at least they have briefed you regardless of what you think of this project. So they are on notice that before June 13tH which I think we need to do some more on this item, we will not hear anything unless they have briefed you on this issue. Mr. Vilarello: Mr. Chairman? Chairman Regalado: Yes sir. Mr. Vilarello: If I could just mention one thing that is not contained within the caption but is contained within the resolution, and that is, the legal description that's attached, had not yet received the approval of FDOT (Florida Department of Transportation). So in the resolution itself it says that that might be modified as required by FDOT. Chairman Regalado: Right. Mr. Vilarello: For specifics. Chairman Regalado: So we hope to learn what FDOT has decided in the June 13th Commission meeting. Is that correct? Mr. Vilarello: Yes, sir. Chairman Regalado: OK. 19. APPOINT ROBERT MASRIEH AND STEVE KNEAPLER AS MEMBERS OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. (See #59 & 61). Chairman Regalado: All right, so -- I have other items. I'm going to defer Item D, but I need to go ahead and make appointments for the Coconut Grove Special Events and Marketing Committee. The reason I brought it in the blue page is because there are several people that are eager to start on this new form of marketing the Grove, and I have a memo from the Mayor appointing Robert Masrieh as -- his appointment to the Coconut Grove Special Events and Marketing Committee. Could I have a motion to move the Mayor's appointment? Vice Chairman Sanchez: Second. Motion. 117 May 23, 2002 Commissioner Gonzalez: Second. Chairman Regalado: There's 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 Sanchez, who moved its adoption: MOTION NO. 02-578 A MOTION APPOINTING ROBERT MASRIEH AS A MEMBER OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Chairman Regalado: My appointment to this committee is Steve Kneapler. Could you chair, Commissioner Sanchez, so I can -- Vice Chairman Sanchez: Yes, sir. Is there a motion to appoint Steve Kneapler? Chairman Regalado: A motion to appoint -- Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. 118 May 23, 2002 Vice Chairman Sanchez: Anyone opposing, having the same right, say "nay." The motion carries unanimously. The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-579 A MOTION APPOINTING STEVE KNEAPLER AS A MEMBER OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Chairman Regalado: Thank you, sir. Do you have appointment for this committee, Commissioner Sanchez, Commissioner Gonzalez? Vice Chairman Sanchez: What committee was that? Chairman Regalado: The Coconut Grove Special Events and Marketing Committee. Remember, the Commission changed the concept and it changed the -- Vice Chairman Sanchez: Mr. Chairman, I do not at this time. I will make an appointment at the next meeting. Chairman Regalado: OK. Commissioner Gonzalez: I'll defer mine too. Vice Chairman Sanchez: OK. Chairman Regalado: OK. We will do that. 119 May 23, 2002 20. APPROVE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES TO PROMOTE 12th ANNUAL COLOMBIAN INDEPENDENCE FESTIVAL, WHICH WILL TAKE PLACE ON SUNDAY, JULY 21, 2002. Chairman Regalado: I need to do some -- Commissioner Sanchez: You want to do some of your -- Chairman Regalado: Yes, yes. Commissioner Sanchez: OK. Chairman Regalado: If you can chair, so I can -- Commissioner Sanchez: Yes sir. You're recognized on your Commission items. Chairman Regalado: I'd like to move to allow CASA. CASA is a non-profit organization, located in Coral Way and 31st Avenue, to place banners promoting the 12th Colombian Independence Day Festival, to be held in Miami on Sunday, July 21st, 2002. Commissioner Sanchez: There is a motion. Is there a second? Commissioner Gonzalez: Second. Commissioner Sanchez: There is a second over for discussion. Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Commissioner Sanchez: Anyone closing having the same right, say "nay." It carries. Chairman Regalado: Thank you very much. 120 May 23, 2002 The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-580 A MOTION APPROVING THE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI THOROUGHFARES TO PROMOTE THE 12th ANNUAL COLOMBIAN INDEPENDENCE FESTIVAL, WHICH WILL TAKE PLACE ON SUNDAY, JULY 21, 2002 IN THE CITY OF MIAMI. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 21. CLASSIFY ONE 1989 FORD E350 CARGO VAN AS CATEGORY "A" SURPLUS STOCK; AUTHORIZE DONATION OF SUCH VEHICLE TO CITY OF NANDAIME, NICARAGUA, FOR ITS JOAQUIN & ANA PROJECT FOR TRANSPORT OF ELDERLY NURSING HOME RESIDENTS. Chairman Regalado: I have here a memo from the Manager regarding a surplus vehicle, 1989 Ford E350 to be donated to the organization of Joaquin and Ana. This is on behalf of the Community of Nandaime in Nicaragua. They here say staff has met with these people and they're ready to transfer this to Nicaragua as a donation of the City of Miami. Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Gonzalez: Are we working out of the last Commission meeting agenda or we're working on today's agenda? Chairman Regalado: No. We're working today's agenda. Commissioner Sanchez: These are the Commissioners items on blue pages? Chairman Regalado: Yes. 121 May 23, 2002 Commissioner Gonzalez: OK. OK, so move. Commissioner Sanchez: There's a motion and a second for transfer of vehicles going to Nicaragua? Is that -- Chairman Regalado: Yes, sir. Commissioner Sanchez: OK. There's a motion, a second open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, say "nay." Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-581 A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING ONE 1989 FORD E350 CARGO VAN AS CATEGORY "A" SURPLUS STOCK; AUTHORIZING THE DONATION OF SUCH VEHICLE TO THE CITY OF NANDAIME, NICARAGUA, FOR ITS JOAQUIN & ANA PROJECT FOR THE TRANSPORT OF ELDERLY NURSING HOME RESIDENTS, CONTINGENT UPON THE CITY OF NANDAIME ACCEPTING SAID VEHICLE IN AS IS CONDITION AND PROVIDING ALL TRANSPORTATION, PACKING AND SHIPPING COSTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE RELEASE DOCUMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Chairman Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 122 May 23, 2002 Chairman Regalado: OK. Thank you very much. I am going to defer two of the items on my blue page so we can proceed. We have done the blue pages already and we have done the consent agenda. We have done Items 9 and 10. Some of the items, so we are ready -- 22. APPROVE AMENDMENT TO LEASE AGREEMENT WITH FIREHOUSE IV OF MIAMI, INC. FOR RESTAURANT AT CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE. Commissioner Sanchez: Mr. Chairman, can we do the personal appearances? Mr. Leroy Jones has been here all morning. That's the last personal appearance on this issue, and then we can move to five? Item 5? Chairman Regalado: Oh yeah, of course but we have -- first of all, Leroy if you give us just a few minutes. We have Item 11. It's an amendment to the lease with Firehouse IV of Miami. I guess I wasn't the only one here when we dealt with that for months and months and months, so I know about Firehouse IV. So we have a resolution. Commissioner Sanchez: Mr. Chairman, I'm prepared to move that resolution. Commissioner Gonzalez: I second that. Commissioner Sanchez: And I have been brief and am very aware of that too. So moved. Chairman Regalado: You all -- Commissioner Gonzalez: Second. Chairman Regalado: Excuse me. You are all aware of that? Commissioner Gonzalez: Yes sir. Chairman Regalado: You understand what -- Commissioner Sanchez: Has there been any changes? Lori Billberry: Yes. I would like to propose one change on the floor. Commissioner Sanchez: Could you put them on the record. Ms. Billberry: Lori Billberry. We would like to amend the sub -lease provision. Currently there's a provision that he can only stop lease 25 percent. We would like to increase that to 40 percent in order to incorporate his concepts. Commissioner Sanchez: With the amendment so moves, Mr. Chairman. 123 May 23, 2002 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. 02-582 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT, DATED MARCH 3, 1998 (THE "AGREEMENT"), WITH FIREHOUSE IV OF MIAMI, INC. ("TENANT") FOR THE RESTAURANT AT CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE PURPOSE OF (A) INCORPORATING THE BUSINESS TERMS, AS MORE SPECIFICALLY SET FORTH IN EXHIBIT 1 ATTACHED AND INCORPORATED, AND (B) AUTHORIZING THE ASSIGNMENT OF THE AGREEMENT TO LARRY HARRIS OR TO A NEW CORPORATE ENTITY OWNED AND CONTROLLED PRIMARILY BY LARRY HARRIS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, UPON SATISFACTION OF THE FOLLOWING CONDITIONS: (1) TENANT SHALL NOT BE IN DEFAULT OF ITS AGREEMENT; (2) TENANT SHALL PAY THE BALANCE OF THE OUTSTANDING RENT DEFERRED AS A RESULT OF THE SEPTEMBER 11, 2001 TERRORISTS STRIKES; AND (3) TENANT SHALL PAY THE OUTSTANDING BALANCE OF THE TRANSFER FEE ASSOCIATED WITH A PREVIOUS TRANSFER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 124 May 23, 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 NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Ms. Billberry: Thank you. 23. BRIEF DISCUSSION REGARDING NEIGHBORS AND NEIGHBORS ASSOCIATION AND THEIR REQUEST CONCERNING RECEIVING ASSISTANCE FOR SMALL BUSINESSES IN OVERTOWN AND LITTLE HAVANA. Chairman Regalado: OK. Leroy. Thank you very much. Commissioner Sanchez: Maybe we can catch up now. Leroy Jones: Mr. Talbert? Mr. Talbert? Leroy Jones, 180 Northwest 62nd Street. I'm the Executive Director of Neighbors and Neighbors Association. First of all, I'd like to thank the City Manager's office for working so closely with our agency and every time we try to or we put a request in to speak to the Commission about different items and certain things, we've always been successful in doing so. So I'd like to thank the City Manager's office for that and I'd also like to thank the City Commission for responding to the needs that we have. I'm here today on behalf of Neighbors and Neighbors Association to request financial assistance for small businesses for the Overtown area and the Little Havana area. Recently, in December, Commissioner Bruno Barreira for District 5 set aside $150,000 for small businesses in the Overtown and Little Havana area. Neighbors and Neighbors Association was the organization that was selected and was successful in working with the Commissioner to create that program. Right now we have three mom and pop grant programs that currently are on the way. We have a mom and pop commercial revitalization grant program in District 11, which do outside renovations on small businesses up to $15,000. We have a mom and pop grant program in District II again which provide up to $15,000 to small businesses for equipment, inventory, repairs, things like that. And right now, we also have a mom and pop grant program in District V, which used to be a part of Overtown district was Commissioner Bruno Barreiro district, which since the redistricting in is no longer in his district. But the District V mom and pop grant program, we had 84 businesses that applied for financial assistance through that program. I want to walk you through it a little bit. In 1999 Commissioner Barbara Carey -Schuler created a state of emergency in her district because of the economic need in her district. In that she was successful in having the 125 May 23, 2002 Board of County Commissioner set aside, I think approximately $3,000,000 designated for her district, for social programs and economic programs. Well, Neighbors and Neighbors Association was the agency that was working closely with Commissioner Carrey to create this mom and pop grant program, which was started in 1999. If you look at the front page, what I submitted to you, I submitted a list of the businesses that was approved and awarded mom and pop grant funding. I think it was 18 in the Overtown area and 17 in the Little Havana area. These businesses were lucky enough to split that $150,000. Well, $150,000 doesn't go far for small businesses, especially small businesses that are in the condition these businesses are. The City currently, right now, don't have a program such as this where they make small grants available to small businesses. Well why that's important? Because the technical assistance say that -- Chairman Regalado: Excuse me Leroy. Mr. Jones: Yes, sir. Chairman Regalado: There may be -- in the next cycle, there might be a similar program. Mr. Jones: OK. I want to say, Commissioner, is that I'm hoping that it is and I'm hoping because our agency has a track record. This is, right now, the fourth one we'll be doing. I'm hoping that this Commission will work closely with my office in creating that, and why that's important? Because the Commission awards me technical assistance dollars to assist small businesses. So any funding that's set aside to help these small businesses, no administration dollars will come out of it, because I'm already getting administration dollars from the County to do this program and I'm already getting administration dollars from the City. Commissioner Sanchez: How much are you getting from the County, $150,000? Mr. Jones: No. I get $150,000 from the City for technical assistance. I get $270,000 from the County for technical assistance. Commissioner Sanchez: Just technical assistance? Mr. Jones: Right. For administration. That's for leasing space, equipment, salaries, stuff like that. Commissioner Sanchez: Technical -- Mr. Jones: None of that money goes to small business. Commissioner Sanchez: When we talk about technical assistance -- Mr. Jones: Yes sir. 126 May 23, 2002 Commissioner Sanchez: Technical assistance is assisting people with their filling out the paperwork for their -- Mr. Jones: Right. Commissioner Sanchez: -- occupational license -- Mr. Jones: Right. Commissioner Sanchez: -- inspections -- Mr. Jones. Right. Commissioner Sanchez: I mean, you help them with that. Mr. Jones: Right. Well, the funding is used -- Our scope of service is here for us to provide technical assistance for small business. For example, when a business comes into my office for assistance, what I would do is, I would do an evaluation on that business. That will let me determine what the needs are for the business; where the business is located; how long the business has been in business; how many people they employ; what areas do they provide the services to what people; how many people frequently visit the store, and it allows me to know what programs I can apply for funding for those businesses, OK? So I would then look around and see what programs are available in the city or the county for those businesses. So our programs -- Chairman Regalado: The way that someone in the staff thought, and maybe that's the way we will go is to, in the next funding for CDBG (Community Development Block Grant) money if, you know, like you. You know the needs of the small business. Saying that this business needs a new air conditioning unit -- Mr. Jones: OK. Chairman Regalado: So this grant goes to buy the air conditioning unit, but this is their need. It's not a luxury. Mr. Jones: Right. Chairman Regalado: It's the need -- Mr. Jones: It's not and to be real clear about it Commissioner, is that all of these businesses apply for the funding, and of course, they apply for the maximum amount. But because, we know it was 84 businesses that applied, and it was only $150,000, when we went to re-evaluate the businesses we said look; it's only $150,000; 84 businesses applied, please tell us what you need most of all to help your business; be it a sign for advertisement, being a central air unit, being chairs, being tables, being a cooler, a meat cooler. What was most important -- 127 May 23, 2002 Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes sir. Commissioner Sanchez: The first question I'm going to ask is, Mr. Director, are there any available funds from CDBG on this cycle now? Not next year on this one. Dan Fernandez (Acting Director): Currently, we don't have any funds available. What funds we have already been committed by the City Commission. Commissioner Sanchez: Already committed, OK. Mr. Fernandez: Correct. Commissioner Sanchez: Leroy, I think it's important that you know that we have been faced with a 10 percent reduction from HUD (Department of Housing and Urban Development) money, CDBG money and the ones that are being affected the most are the social services. It's a tough year. As you can see, we've had meetings in our community with programs that we have funded every year and this year most of these social services, because we took the decision not to affect the elderly and the disabled, these social services are the ones being affected. Now I can tell you this much. Future CDBG funds in the future, I will support your cause. Not in the technical assistance. Mr. Jones: Commissioner, I'm going to be clear with that. I'm not coming here -- Commissioner Sanchez: I understand. Mr. Jones: -- for technical assistance dollars. Commissioner Sanchez: I understand. Mr. Jones: Well let me stop you while you're right there is that it's important what you just said because most of these businesses are run by elderly people who have been in business for 20, 30 and 40 years that if they were supposed to close down, no one else would employ them. So we've got to do whatever we can -- Commissioner Sanchez: You're preaching to the priest. Mr. Jones: Yes sir. Commissioner Sanchez: You're preaching to preacher -- to the choir. Mr. Jones: OK. 128 May 23, 2002 Commissioner Sanchez: First of all, the technical assistance -- I could tell you that the loans for some of these businesses are keeping them alive, at least for the ones that are in my district, OK, and today, I'm honored to have what I consider one of my true success stories in Little Havana, Carol Ann Taylor, who is I believe the only African American merchant on 8th Street. And she's been a success story, you know, and it's good to have her there because, you know, well there is another African American owner now that bought a cigar shop, which are the Blades brothers. So I am glad to see that Calle Ocho is becoming what I always wanted it to be -- an international -- with not only people from Central and South America, but also people from the Afro-American community. Some of these loans that are provided here -- I can tell you this much -- it's not enough, and sometimes we fund businesses to fail -- Chairman Regalado: To fail. Commissioner Sanchez: But it allows them an opportunity to put that next to other programs that assist, such as Facade program that you have just -- passing by your store, you just got a new awning, you know? These are the things that, you know, we give you a little bit here, but we give you a little bit there and then it all adds up. Now on the technical assistance, let me tell you what I've learned in my district out of going into and getting educated on the issue. The NET offices are there to provide people with technical assistance. If you need help in a occupational license, any form that you need or any type of assistance, you're going to have to go to a net office. But they help you there filling out all the paperwork. Of course, there's other things that you do that go beyond outside that scope of service. But in Little Havana, next year I am prepared to -- I cannot say I'm going to match dollar per dollar, but I will fight to try to get funding from CDBG to help these small businesses that are just coming on board now and they're struggling to keep their doors open because they're all waiting for the revitalization of 8th Street, which is coming. But it's like everything in life. People that invested 20 years ago in South Beach, you know, they were all waiting for South Beach to become South Beach, but it was all timing. The people that invested and bought the property at the right time when the property went up, were the ones that would succeed. But you have to realize that years in the past people invested their money and they failed. It was all timing. Well this is what happened, and all these major factors play into the success. So I could tell you. I've had people call me from those small businesses saying hey, we got the money. It wasn't enough, but it's keeping me going. So I could support you on that, but if we don't have the funds this year there's nothing I could do for you. You know where I come from -- Mr. Jones: Commissioner -- Commissioner Sanchez: -- I shoot from the hips. Mr. Jones: OK. Commissioner -- Chairman Regalado: Leroy -- 129 May 23, 2002 Mr. Jones: Commissioner. OK. Commissioner, let me say this, and I respect your honesty and the way you feel and the way you don't change your mind about issues that you feel strongly about, but in the last two -and -a -half years my agency has captured over $3,000,000 for small businesses. That's unheard of in low-income areas. Over $3,000,000 and I gave you all a copy of every dollar. Where you can see every business that got money, what they did with the money, where they're located at, how many jobs were retained, how many jobs was created. It's real important. And where the money comes from, that's real, real important. Now, I just want to spend one minute to say something. I just want you to consider this because matching dollars is important. We got them $150,000. If we could probably get them another $150,000 that would give us $300,000 and now we get a double bang for the buck. We could do a lot more with an additional $100,000. Instead of spending $150,000 then next year get $150,000. That's like defeating the purpose a little bit. Now the city does have a program that's called the Co -Compliance Program and it's money put in that program and that program allows business owners that have been cited. Now in order for you to get this money you have to be violated and the money is not being used as fast as it should. Why? Because if I was a business owner and the only way I could get this money if my business is cited. God forbid I call and an inspector comes in and they cite my building and I've got $100,000 worth of repairs, electrical problems and the city only gives $9,000 and I have to put up 30 percent. What that means is, the City got the right to close my business down. So I'm out of business. Just because I tried to do something good, now I'm out of business because I don't have the rest of the money to match the program. Please consider and I think it's a good program. I think it probably needs to be structured to change a little bit. Why can't we get the money from the Co -Compliance Program this year's budget? It would be going to these same businesses; it would be helping code violations because some of these people were taking care of so many violations. A lot of them are getting signs that they don't need. They're doing some interior repairs on it. I think four of the businesses in here is getting air conditioners because one of them is a mental place and the place is so hot you couldn't believe it. Chairman Regalado: Leroy. Mr. Jones: Now they've got air conditioning. Commissioner Gonzalez: Excuse me. But the City has some funds for co -compliance. Mr. Jones: Right. Commissioner Gonzalez: Which is to help people comply with codes -- code violations. Mr. Jones: Yes, sir. Commissioner Gonzalez: And reference to technical assistance, also the community- based organizations in each target area, part of their duties it to provide technical assistance. 130 May 23, 2002 Chairman Regalado: As you know, Leroy, there have been changes on the City and Dan is now the Acting Director. It would be to expedite, you know, what we want to do next year and what we could do this year. What you just suggest, it would be best to have a meeting with the City and then come back, and I promise you, if we have any resolution, you let us know and you come back because you make sense. What you're saying, you're making sense. We just need to move money from one account to the other to substitute. Mr. Jones: I want to close, Commissioner, because I know -- Chairman Regalado: Please. Mr. Jones: -- we spent a lot of time on this. Since the September 11th, you know, a lot of people in Dade County have lost their jobs too. So the small businesses -- small businesses is real important because -- Chairman Regalado: It is. Mr. Jones: -- small businesses -- Chairman Regalado: Listen, we all agree -- Mr. Jones: -- employ 75 percent of the population in this country. Chairman Regalado: We all agree. Mr. Jones: So I'm not arguing with you all about it. I just want us to try to do something now. Chairman Regalado: We all agree. Mr. Jones: You know. Chairman Regalado: OK. Thank you. Mr. Jones: That's all I'm asking. 24. AUTHORIZE MANAGER TO TRANSFER FORTY-FIVE THOUSAND DOLLARS OF PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR CAPITAL IMPROVEMENTS TO ASSOCIATION FOR DEVELOPMENT OF THE EXCEPTIONAL (ADE) IN ORDER TO HELP AGENCY RESOLVE INTERNAL ECONOMIC PROBLEMS. Chairman Regalado: Thank you very much. Don't go. We have sort of an emergency presentation. Where's Helena Del Monte? The ADA (Americans with Disabilities Act) - - this is an agency in the Wynwood area -- Commissioner Winton's area -- However, it's 131 May 23, 2002 a citywide agency. It serves the City, all districts. Huh? Yeah. It serves all districts and this agency recently was looked at our department and the level of compliance was more than 100 percent in terms of attention to the clients. Now the agency had had internal economic problems because of a person that is about to leave the agency. But I think, and Commissioner Sanchez if you could chair this meeting so I can -- Commissioner Sanchez: Yes, sir. I have the floor. Chairman Regalado: Thank you, sir. I think it's important to understand that the main goal of the Commissioners here is to protect the clients and to help the agencies that help the clients. You know, unfortunately that we had this situation and this agency is in dire need of help from the City. The City had allocated some funds for this agency to be used in capital improvement and it is my understanding, and I wish to know what you have to say, that we can sort of let them use those funds to get out of this predicament that they have now and then on the next cycle then we'll do what we need to do. Is that a correct assessment? Dan Fernandes (Acting Director): Yes, Commissioner. We have $70,000 that have been set aside for the training facility that you're talking about. What we could do is we can amend the work permit that we currently have of the $70,000 to assist them with the situation they have. It is my understanding that they will need somewhere in the neighborhood of $45,000 and Ms. Del Monte can confirm that. Commissioner Sanchez: Is it there a motion -- Chairman Regalado: My motion will be to transfer $45,000 for them to resolve that problem from this fund and then after that, and of course, with the understanding that the board will make the changes that they promised and with the trust that Ms. Del Monte has from this city Commission that agency will move forward so that would be my motion. Commissioner Gonzalez: Second. Commissioner Sanchez: There's a motion and a second. Open for discussion. Appearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposed, having the same right, say "nay." Motion carries. The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-583 A MOTION AUTHORIZING THE CITY MANAGER TO TRANSFER FORTY-FIVE THOUSAND DOLLARS ($45,000) OF PREVIOUSLY 132 May 23, 2002 APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR CAPITAL IMPROVEMENTS TO THE ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL (ADE) IN ORDER TO HELP THE AGENCY RESOLVE INTERNAL ECONOMIC PROBLEMS; SUBJECT TO THE AGENCY MAKING THE CHANGES THEY HAVE PROMISED TO THE CITY'S DEPARTMENT OF COMMUNITY DEVELOPMENT. 133 May 23, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Chairman Regalado: Thank you very much. Thank you. Thank you. Helena Del Monte: Thank you so much. 25. FIRST READING ORDINANCE: ESTABLISH INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "LANDSCAPING/AESTHETICS IMPROVEMENT PROJECT FUND", AND APPROPRIATE $250,000, CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING AND CONSTRUCTION OF AESTHETICS IMPROVEMENTS TO MITIGATE IMPACT OF HIGHWAY SYSTEM TO OVERTOWN. Commissioner Sanchez: Sir, you have the gavel back. Chairman Regalado: OK. Thank you, sir. We have several items that we cannot do now because we need a four -fifth vote. But we can do Item -- Commissioner Gonzalez: We go 16? Chairman Regalado: Huh? Item 2. Commissioner Gonzalez: Two. Commissioner Sanchez: We did 2 already. Chairman Regalado: Oh, we did 2 already. Commissioner Sanchez: It passed. Chairman Regalado: OK. Commissioner Gonzalez: We got up to 14, I believe. 134 May 23, 2002 Chairman Regalado: Item 5 is a first reading ordinance. Do we have a motion? Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. It's a public hearing on special revenue accepting a grant from the Florida Department of Transportation, construction to mitigate the impact of highway system through the Overtown neighborhood. None from the public to speak. The public hearing is closed. Read the ordinance. Commissioner Sanchez: First reading. Chairman Regalado: Madam? Commissioner Sanchez: Madam Attorney 5 -- Item 5. Chairman Regalado: Roll call. 135 May 23, 2002 An Ordinance Entitled: AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "LANDSCAPING/AESTHETICS IMPROVEMENT PROJECT FUND", AND APPROPRIATING FUNDS IN THE AMOUNT OF $250,000, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE LANDSCAPING AND CONSTRUCTION OF AESTHETICS IMPROVEMENTS TO MITIGATE THE IMPACT OF THE HIGHWAY SYSTEM TO THE OVERTOWN NEIGHBORHOOD IN THE CITY OF MIAMI; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Angel Gonzalez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. 26. FIRST READING ORDINANCE: ESTABLISH INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "OVERTOWN SECTOR/TRAILBLAZER SIGNS PROJECT FUND", AND APPROPRIATE $120,000, CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION FOR MANUFACTURING AND INSTALLATION OF SECTOR/TRAILBLAZER SIGNS IN OVERTOWN NEIGHBORHOOD. Chairman Regalado: Item 8, first reading ordinance. Do we have a motion? Commissioner Gonzalez: So move. Commissioner Sanchez: Second. 136 May 23, 2002 Chairman Regalado: It's been moved. Commissioner. Huh? Six. It's a first reading. It's second by Commissioner Sanchez. Public hearing. Being none, read the ordinance Madam City Attorney. Oh. Roll call. An Ordinance Entitled: AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "OVERTOWN SECTOR/TRAILBLAZER SIGNS PROJECT FUND", AND APPROPRIATING FUNDS IN THE AMOUNT OF $120,000, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MANUFACTURING AND INSTALLATION OF SECTOR/TRAILBLAZER SIGNS IN THE OVERTOWN NEIGHBORHOOD, FROM APPROXIMATELY NORTHWEST 12TH AVENUE TO NORTH MIAMI AVENUE, BETWEEN NORTHWEST 20TH AND NORTHWEST 5TH STREETS, MIAMI, FLORIDA; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Angel Gonzalez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Ordinance passed. 27. FIRST READING ORDINANCE: ESTABLISH INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "CALI ENFORCEMENT GROUP TASK FORCE VI FUND" AND APPROPRIATE $35,300, CONSISTING OF GRANT FROM EXECUTIVE OFFICE OF PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY, TO BE USED FOR OVERTIME PAY FOR OPERATION OF DRUG ENFORCEMENT PROGRAM. Chairman Regalado: Item 7, first reading ordinance. 137 May 23, 2002 Commissioner Sanchez: So move, Mr. Chairman. It's a grant. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. We open the public hearing. Close the public hearing. Read the ordinance. Roll call. An Ordinance Entitled: AN ORDER OF THE MIAMI CITY COMMISSOIN ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "CALI ENFORCEMENT GROUP TASK FORCE VI FUND" AND APPROPRIATING FUNDS IN THE AMOUNT OF $35,300, CONSISTING OF A GRANT FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY, TO BE USE FOR OVERTIME PAY FOR THE OPERATION OF A DRUG ENFORCEMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Angel Gonzalez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. 138 May 23, 2002 28. FIRST READING ORDINANCE: AMEND SECTIONS 40-291 AND 40-296 OF CITY CODE, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS', RETIREMENT TRUST," TO CHANGE NUMBER OF YEARS REQUIRED FOR VESTING OF PENSION BENEFITS FOR ELECTED OFFICERS IN OFFICE AS OF OCTOBER 1, 2001 AND THEREAFTER, FROM TEN TO SEVEN YEARS. Chairman Regalado: Item 8, first reading ordinance. It's about the elected officers retirement trust. This is just to -- Commissioner Gonzalez: So move. Chairman Regalado: -- adapt to the changes by the voters on the term limit of the elected officials. Commissioner Gonzalez: So move. Chairman Regalado: It's been moved. Commissioner Sanchez: Second. Chairman Regalado: And second. Read the ordinance. Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS', RETIREMENT TRUST," TO CHANGE THE NUMBER OF YEARS REQUIRED FOR VESTING OF PENSION BENEFITS FOR ELECTED OFFICERS IN OFFICE AS OF OCTOBER 1, 2001 AND THEREAFTER, FROM TEN TO SEVEN YEARS; MORE PARTICULARLY BY AMENDING SECTIONS 40- 291 AND 40-296 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 139 May 23, 2002 was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Joe Sanchez Commissioner Angel Gonzalez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Sanchez: We had directed the administration to compare our benefits to the County and come back with some comparables and some recommendations. Alejandro Vilarello (City Attorney): We will be coming back to you on that soon. We just about finished up all the work on that issue. Chairman Regalado: But this is separate. This is just to adopt to the term limits. Mr. Vilarello: Yes sir. Chairman Regalado: Because no one can -- 29. FIRST READING ORDINANCE: AMEND CITY CODE BY ADDING NEW DIVISION 16, CONSISTING OF SECTIONS 2-1215 THROUGH 1222, AND AMENDING SECTION 2-892 ENTITLED "ADMINISTRATION/COUNCILS, COMMITTEES, COMMISSIONS, TO FORMALLY ESTABLISH CITY OF MIAMI SISTER CITIES PROGRAM AND ESTABLISH SISTER CITIES COORDINATING COUNCIL. Chairman Regalado: We cannot do 12 because it's a four -fifth vote. We have an item on the Mayor's page. It's the language of an ordinance to establish a Sister Cities Coordinating Council. We have a Mayor's representative to address the Commission. Mr. City -- Madam City -- don't -- they keep changing from woman to man and, you know, I don't want to offend --Madam City Attorney, do you have the language of the Sister Cities Coordinating Council? Erica Wright: We're getting it, your honor. 140 May 23, 2002 Chairman Regalado: OK. Go ahead, sir. Anthony George Pierre: Anthony George Pierre, on behalf of the Mayor's office. With regard to the Sister Cities Program, as you're well aware, this program is an ideal program to establish cultural ties, international relations. The reality of the matter is, as it stands, the program is an ex -officio program status, meaning that it's not an actual original, official entity and arm of the City of Miami. It has the approval of the Washington, D.C. Sister Cities International Program. However, the reality is that for it to be effective and run smoothly, as it was intended to do when it was founded back in the mid 50's, was it should be an official entity in the form of perhaps an instrumentality or arm of the program. So as a result, with the use and aid of the City Attorney's office, we've requested the drafting of such an ordinance to establish it as an instrumentality and arm. In addition, to ensure that the effective running and structure of the Sister Cities Program, we're recommending the Sister Cities Coordinating Council to be as an entity that supervises the sister cities because, currently, we have 27 sister cities. Now the reality is, is that with 27, it can be very unmanageable to the point where it's not productive. International countries do business with those that they trust. Chairman Regalado: Exactly. Mr. Pierre: Trust is established by the appreciation of cultures. The Sister Cities Program is solely for the purpose of appreciating one another's cultures. Once that appreciation is established, now you're willing and able to do business. This is an ideal opportunity for the City of Miami to benefit from international trade; thereby, allowing for us to move forward as a city. Chairman Regalado: Do you have the first reading ordinance? Mr. Pierre: I do. Commissioner Sanchez: Mr. Chairman, before we do that, I want to just elaborate a (UNINTELLIGIBLE). I think that hand-in-hand with the Sister Cities Program, which is an excellent program -- I think, hand-in-hand, the International Trade Board, you know, somehow through representation and communication through both, we would allow the opportunity to not have good relationships with other countries, but also in the process, working to making business with other countries. Mr. Pierre: Absolutely. Commissioner, to put it in layman's terms, we, at the Mayor's office, envision Sister Cities Program as being the carrot on the stick in the hands of ITB, the International Trade Board. Though (UNINTELLIGIBLE) -- if you talk to the international community, the first thing they ask you, how do we become a sister city with the City of Miami? because they realize the cultural beauty of the program. They also realize the relationship as established and solidified endeavors them to become international partners -- trade partners. Commissioner Sanchez: OK. 141 May 23, 2002 Chairman Regalado: OK. Do you have the order? Ms. Wright: Yes, I do. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. It's first reading. Read the ordinance. Commissioner Sanchez: Mr. Chairman, as the maker of the motion, I'd like to put an amendment on that. Chairman Regalado: Yes, sir, go ahead. Commissioner Sanchez: That we would have one City Commissioner appointed to that board or whatever the trust may be. Commissioner Gonzalez: Second, as amended. Chairman Regalado: OK. As amended, roll call, Madam City Clerk. Ms. Wright: Commissioner, I believe that might result in a substantial change of the ordinance as it's drafted now. Chairman Regalado: Why is that? Commissioner Sanchez: Right now the Mayor would be the representative -- Mr. Pierre: Well, the way -- Commissioner Sanchez: -- representing the League of Cities. Mr. Pierre: -- the way we have it structured or intended structures basically where the Mayor would appoint a chairperson; each member of the Commission would appoint a representative basically from their office, so thereby establishing a six -member board and then, obviously, with a term limit. In addition to that, there would be an opportunity to have the input of the Commission total control Chairman Regalado: Well, to make it easier, Commissioner Sanchez, you can say, in order not to change the whole structure -- Commissioner Sanchez: You can self -- appoint yourself (UNINTELLIGIBLE) 142 May 23, 2002 Chairman Regalado: -- because -- that one Commissioner can self -appoint to the board instead of appointing somebody, and it still will be six members. Ms. Wright: Yes. Commissioner Sanchez: I just want to make --for a point of clarification, you could self - appoint yourself to that board. If I had to make an appointment, I could appoint myself to that board. Ms. Wright: Yes. Commissioner Sanchez: OK. Chairman Regalado: And that doesn't change anything. Ms. Wright. Yes. It won't change the composition. Commissioner Sanchez: OK. Chairman Regalado: OK. Ms. Wright: That's contained in the -- Commissioner Sanchez: Call the question. Chairman Regalado: Roll call. 143 May 23, 2002 An Ordinance Entitled: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/COUNCILS, COMMITTEES, COMMISSIONS, TO FORMALLY ESTABLISH THE CITY OF MIAMI SISTER CITIES PROGRAM AND ESTABLISH THE SISTER CITIES COORDINATING COUNCIL (COUNCIL) AND PROVIDE FOR THE "SUNSET" OF SAID COUNCIL; TO SET FORTH SAID COUNCIL'S PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURE, MEETINGS, QUORUM, VOTING, ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, COUNSEL, NOTICES AND FILING OF RECORDS AND ANNUAL REPORTS; MORE PARTICULARLY BY ADDING NEW DIVISION 16, CONSISTING OF SECTIONS 2-1215 THROUGH 1222, AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A 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 Commissioner Joe Sanchez Commissioner Angel Gonzalez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. Chairman Regalado: Thank you. 30. DIRECT MANAGER TO ALLOCATE $11,794 FROM SPECIAL EVENT FUND TO COVER POLICE AND FIRE SERVICES FOR 2002 INTERNATIONAL EXPOFEST TO BE HELD JUNE 1-2,2002. Chairman Regalado: We cannot do 12. Can we do 12? It's a four-fifths. Anthony George Pierre (Mayor's Office): Mr. Chairman, if I can interject for a moment? Chairman Regalado: Yes, sir. 144 May 23, 2002 Mr. Pierre: We have present Mr. Benny Trinidad, the Regional Executive Director of the National Alliance to Nurture the Aged and Youth (NANAY). He's asked me to speak on his behalf with regard to requesting funding from us for this International Expo Fest that's scheduled for June 1st and 2"d. That's an item that's before you now. Chairman Regalado: Where is that? Where would that be? Unidentified Speaker: Citywide. Mr. Pierre: It would be -- It's Item C on the blue page. Vice Chairman Sanchez: (UNINTELLIGIBLE). Chairman Regalado: No, no, no, no. Where's that expo? Mr. Pierre: Oh. It's supposed to be held at the Orange Bowl. I'm sorry. I'm sorry. I stand corrected, the Miami Arena. Chairman Regalado: The Miami Arena. We could hear this now or we can wait for Commissioners Teele and Winton, but if you all want to hear -- Commissioner Sanchez: I'm prepared to hear it now. Chairman Regalado: OK. Let's do that and -- Commissioner Sanchez: I did see something here somewhere, but I can't find it now. Can I be -- Mr. Pierre: I can provide you with a copy of the memo. Commissioner Sanchez: Please. Could you? I know that -- thanks. Mr. Pierre: Just for the sake of clarity, this is -- falls in line with exactly what I was referring to with regard to the cultural, because this is an international expo fest, which will attract over 10 to 20,000 individuals to the City. Bed and breakfast tax dollars will be impacted in a positive manner. The international community's well aware of the program. Commissioner Sanchez: Mr. Chairman, the money will be coming out of the Special Event funds. The only question I have, do we have the funds available in the Special Event funds? Chairman Regalado: Mr. Manager? Carlos Gimenez (City Manager): Excuse me? 145 May 23, 2002 Chairman Regalado: Do we have -- Mr. Gimenez: I'm sorry. I didn't hear the question. Commissioner Sanchez: It's all right. Chairman Regalado: He's not -- Commissioner Sanchez: I've been there before. The funds that we're allocating here is $11,794 from the Special Events fund for Police and Fire service. My question to you, Mr. City Manager, is do we have the funds available at the Special Events funds? Mr. Gimenez: Yes, we do. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second on this matter. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Thank you. 146 May 23, 2002 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-584 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $11,794, TO COVER THE COSTS OF SERVICES PROVIDED BY THE DEPARTMENTS OF POLICE AND FIRE -RESCUE FOR THE 2002 INTERNATIONAL EXPOFEST TO BE HELD JUNE 1-2, 2002; ALLOCATING THE FUNDS FROM SPECIAL EVENT ACCOUNT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Mr. Pierre: On behalf of NANAY, thank you, your Honor. 31. ACCEPT BID OF SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR PROJECT ENTITLED "WAGNER CREEK -PHASE I AND II, B-5679"; ALLOCATE FUNDS FROM FEMA PROJECT AS APPROPRIATED BY ANNUAL APPROPRIATIONS ORDINANCES, $128,536. Commissioner Gonzalez: Mr. Chairman, can we take 16, which is in my district? Chairman Regalado: Yes, sir. It does not need a four -fifth vote? Commissioner Gonzalez: No, it doesn't. Chairman Regalado: So do we have a motion? Commissioner Gonzalez: So move. 147 May 23, 2002 Chairman Regalado: It's been moved and second by Commissioner Sanchez. This is Item 16. Madam City Clerk, it's a resolution. All in favor, say "aye." The Commission (Collectively): It passes. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-585 ACCEPTING THE BID OF SHENANDOAH GENERAL CONSTRUCTION COMPANY, (NON-MINORITY/NON-LOCAL VENDOR, 1888 N.W. 22ND STREET, POMPANO BEACH, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS DATED MARCH 12, 2002, FOR THE PROJECT ENTITLED "WAGNER CREEK -PHASE I AND II, B-5679", IN THE AMOUNT OF $98,500; ALLOCATING FUNDS FROM FEMA PROJECT NO. 1345, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $98,500 FOR THE CONTRACT COSTS AND $30,036 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $128,536; 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 Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 32. ACCEPT PLAT ENTITLED NINETEEN SUBDIVISION. Chairman Regalado: Item 15, Department of Public Works, accepting a plat. Do we have a motion? Commissioner Gonzalez: So moved. 148 May 23, 2002 Chairman Regalado: It's been moved and -- Commissioner Sanchez: Second. Chairman Regalado: -- second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-586 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PLAT ENTITLED NINETEEN SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 33. ACCEPT BID OF DADE HOME CENTER, INC., D/B/A DADE MAYTAG HOME APPLIANCE CENTER, PURSUANT TO INVITATION FOR BIDS NO. 01-02-084R, FOR PROCUREMENT OF EIGHT MAYTAG WASHERS FOR DEPARTMENT OF FIRE -RESCUE, $8,271.60; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT. Chairman Regalado: We are going to -- 149 May 23, 2002 Carlos Gimenez (City Manager): You can do 13, if you want, sir. Chairman Regalado: We're going to do 13 because it does not need a four -fifth vote. Do we have a motion on 13? Commissioner Sanchez: Mr. Chairman? Commissioner Gonzalez: Move. Chairman Regalado: It's been moved and second. Commissioner Sanchez: Mr. Chairman, if I could just -- second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-587 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF DADE HOME CENTER, INC., D/B/A DADE MAYTAG HOME APPLIANCE CENTER, (NON-MINORITY/NON-LOCAL VENDOR, 2228 S.W. 67TH AVENUE, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-084R, DATED MARCH 11, 2002, FOR THE PROCUREMENT OF EIGHT MAYTAG WASHERS FOR THE DEPARTMENT OF FIRE -RESCUE, IN A TOTAL AMOUNT NOT TO EXCEED $8,271.60; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313302, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT FEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 150 May 23, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 34. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH LAND SURVEYING CONSULTANT TO BE CHOSEN FROM CITY'S LIST OF APPROVED LAND SURVEYING FIRMS FOR TOPOGRAPHIC AND BOUNDARY SURVEY OF SEWELL PARK, SPECIFICALLY FOR DESIGN OF PROPOSED MIAMI POLICE DEPARTMENT MOUNTED PATROL UNIT HORSE STABLES AND OFFICE FACILITIES; ALLOCATE $40,000 FROM NON -DEPARTMENTAL ACCOUNT TO BE REIMBURSED FROM HOMELAND DEFENSE / NEIGHBORHOOD IMPROVEMENT BONDS. Chairman Regalado: We need to wait for Commissioner Teele to discuss Item 19. We already did Item 18. We are going into PZ (Planning & Zoning) items. Commissioner Gonzalez: Can we take pocket items now, so we can -- we don't have to wait until -- Chairman Regalado: Which one? Commissioner Gonzalez: Eleven. Commissioner Sanchez: Second. Chairman Regalado: Which one? Commissioner Gonzalez: Pocket items, so we don't have to wait until the last minute at 11 p.m. or 12 p.m. -- 12 midnight. Chairman Regalado: OK. Go ahead, sir. Do you have a pocket item? Commissioner Gonzalez: Yes, I do. Chairman Regalado: Go ahead, sir. Commissioner Gonzalez: So moved. 151 May 23, 2002 Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. This is a public hearing. Anybody from the public? Being none, we close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 152 May 23, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-588 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH A LAND SURVEYING CONSULTANT TO BE CHOSEN FROM THE CITY'S LIST OF APPROVED LAND SURVEYING FIRMS FOR A TOPOGRAPHIC AND BOUNDARY SURVEY OF SEWELL PARK, SPECIFICALLY FOR THE DESIGN OF THE PROPOSED MIAMI POLICE DEPARTMENT MOUNTED PATROL UNIT HORSE STABLES AND OFFICE FACILITIES; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $40,000, FROM NON -DEPARTMENTAL ACCOUNT NO. 00 1000. 921002.6.270, TO BE REIMBURSED FROM THE APPROPRIATE FUNDING CATEGORY OF THE HOMELAND DEFENSE / NEIGHBORHOOD IMPROVEMENT BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 35. DIRECT MANAGER TO EXPEDITE AVAILABILITY OF $16 MILLION FROM FIRST SERIES OF LIMITED AD VALOREM TAX REVENUE BONDS AND ANY OTHER AVAILABLE GRANT FUNDS FOR ORANGE BOWL PROJECTS. Commissioner Sanchez: Pocket items? Chairman Regalado: Yes, sir. Commissioner Sanchez: Mr. Chairman, I have two pocket items, both pertaining to the Orange Bowl. My first pocket item is one, which I respectfully request that the Miami -- City of Miami Commission consider directing the City Manager to 153 May 23, 2002 expedite the availability of funds in the amount of $16,000,000 from the first series of limited ad valorem tax revenue bonds and any other available grant funds for the Orange Bowl project. This was passed in the Orange Bowl Steering Committee, and basically what it says is that we better hurry up and put some money into the Orange Bowl. Commissioner Gonzalez: So moved. Chairman Regalado: It's been moved and second. . All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes three to zero. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO 02-589 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO EXPEDITE THE AVAILABILITY OF FUNDS, IN THE AMOUNT OF $16 MILLION, FROM THE FIRST SERIES OF LIMITED AD VALOREM TAX REVENUE BONDS AND ANY OTHER AVAILABLE GRANT FUNDS FOR ORANGE BOWL PROJECTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 154 May 23, 2002 36. AUTHORIZE MANAGER TO EXECUTE USE AGREEMENT WITH CFA, INC. FOR PRESENTATION OF TWO INTERNATIONAL SOCCER MATCHES AT ORANGE BOWL STADIUM, SCHEDULED FOR JUNE 14, 2002 AND JULY 15, 2002 AND ESTABLISH BASIC USER FEE OF $5,000 FOR EACH EVENT, CONDITIONED UPON CFA, INC. Commissioner Sanchez: The second pocket item is a resolution of the City of Miami Commission, with attachment, authorizing the City Manager to execute a use agreement in substantially and attached form with CAF, Inc. for the use of the Orange Bowl Stadium for presentation of two international soccer matches on June 14, 2002 and July 15, 2002, and establishing a basic use fee for each event; further conditioning said authorization upon the promoters paying for all necessary costs of the city services and applicable fees associated with said event; obtaining insurance to protect the City in the amount as prescribed by the City Manager or his designee, and comply with all conditions and limitations as may be prescribed by the City Manager or his designee. Commissioner Gonzalez: So moved. Chairman Regalado: It's been -- Commissioner Sanchez: Second. Chairman Regalado: -- moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 155 May 23, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-590 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CFA, INC. FOR THE PRESENTATION OF TWO INTERNATIONAL SOCCER MATCHES AT THE ORANGE BOWL STADIUM, SCHEDULED FOR JUNE 14, 2002 AND JULY 15, 2002 AND ESTABLISHING A BASIC USER FEE OF $5,000 FOR EACH EVENT, CONDITIONED UPON CFA, INC. (1) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH EACH EVENT, (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER, AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 156 May 23, 2002 37. AMEND RESOLUTION NO. 01-1056, TO EXTEND FROM 180 TO 365 DAYS, SUPPLEMENT TO MILITARY PAY RECEIVED IN AN AMOUNT NECESSARY TO BRING TOTAL SALARY, INCLUSIVE OF BASE MILITARY PAY, TO LEVEL EARNED AT TIME OF ORDER TO ACTIVE MILITARY DUTY FOR CITY EMPLOYEES WHO ARE MEMBERS OF UNITED STATES MILITARY RESERVE OR FLORIDA NATIONAL GUARD AND ORDERED TO REPORT FOR ACTIVE DUTY IN RESPONSE TO TERRORIST ATTACKS AGAINST UNITED STATES; ALLOCATE FROM PREVIOUSLY APPROPRIATED SALARY AND SALARY SURPLUS FUNDS. Chairman Regalado: We have several PZ (Planning & Zoning) items. Carlos Gimenez (City Manager): Mr. Chairman, Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: I have one pocket item I'd like to present. Chairman Regalado: Now? Mr. Gimenez: If I could. Chairman Regalado: Well, Commissioner Gonzalez will move that pocket item. Commissioner Gonzalez: So moved. Commissioner Sanchez: Second. Mr. Gimenez: This is -- it's a resolution amending Resolution 01-1056 supplemental military pay, and what it does, it allows for an extension of another 185 days for those members of -- employees of the City of Miami that have been called to active service in the military, and it just makes sure that they receive the same pay that they would have otherwise received had they been here. Chairman Regalado: OK. It's been moved by Commissioner Gonzalez, second by Commissioner Sanchez. . All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 157 May 23, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-591 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-1056, TO EXTEND BY 185 DAYS, FROM 180 TO 365 DAYS, A SUPPLEMENT TO MILITARY PAY RECEIVED IN AN AMOUNT NECESSARY TO BRING TOTAL SALARY, INCLUSIVE OF BASE MILITARY PAY, TO THE LEVEL EARNED AT THE TIME OF THE ORDER TO ACTIVE MILITARY DUTY AND CERTAIN OTHER SPECIFIED BENEFITS FOR CITY OF MIAMI EMPLOYEES WHO ARE MEMBERS OF THE UNITED STATES MILITARY RESERVE OR FLORIDA NATIONAL GUARD AND ORDERED TO REPORT FOR ACTIVE DUTY IN RESPONSE TO TERRORIST ATTACKS AGAINST THE UNITED STATES; ALLOCATING FUNDS FOR SUCH EXPENDITURES FROM PREVIOUSLY APPROPRIATED SALARY AND SALARY SURPLUS FUNDS; FURTHER DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS 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 Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Chairman Regalado: PZ items -- Mr. Gimenez: Thank you, sir. 158 May 23, 2002 38. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL" AT 690 SW 1 ST AVENUE. Chairman Regalado: Do we -- How many persons here are planning to testify on PZ (Planning & Zoning) item? Anybody on PZ item here? OK. We need to -- Madam City Clerk, we need to swear them in. Priscilla A. Thompson (City Clerk): OK. We need them to stand up. Chairman Regalado: If you can stand -- those who are going to testify, if you can stand, please. AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: If I may, I think it's in the best interest of the City, when we discuss PZ items, that the Commissioners for the district be here. Chairman Regalado: Absolutely. Commissioner Sanchez: If we go through the PZ items and we have one of the Commissioners that are not here, I do believe we should -- Chairman Regalado: We will wait for them, absolutely. That's something that has been done, and both Commissioners, as a matter of fact, are in the MPO (Metropolitan Planning Organization) meeting and doing something very important for the City. Unfortunately, they convened an MPO meeting at the same time that the City Commission, so we're going to wait for Commissioner Teele on PZ -1. We're going to go to PZ -2. This is Commissioner Sanchez' district, 690 Southwest 1st Avenue. Go ahead. Lourdes Slazyk (Assistant Director, Planning and Zoning): Thank you. PZs 2 and 3 are companion items for land use and zoning change at 690 Southwest 1st Avenue. The land use, which is PZ -2, is from industrial to restricted commercial. This is waterfront property, and the zoning amendment is from SD -4 to SD -7. The department is recommending approval. The City Commission has passed this on first reading on April 25th and we continue to recommend approval. 159 May 23, 2002 Chairman Regalado: Do we have anybody in opposition to this item? Anybody in opposition to this item? Commissioner Sanchez: Sir, are you in opposition to the item? Brett Bibeau: I wouldn't call it opposition, but I do have a brief statement. Chairman Regalado: Your name, please. Mr. Bibeau: Brett Bibeau, Assistant Director of the Miami River Commission. If I may? Commissioner Sanchez: Yes, sir. Chairman Regalado: And you are in opposition, you said, or no? Mr. Bibeau: I would not call it opposition. I just have a brief statement for the record from the Miami River Commission. Commissioner Sanchez: Put it on the record. Chairman Regalado: So you're in favor? Or just put it on the record. OK. Mr. Bibeau: Honorable City Commission, City administration, the members of the public, good evening. My name is Brett Bibeau and I'm the Assistant Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway, Miami, Florida 33149. I am before you tonight to provide the Miami River Commission's official statement to the City Commission, as requested in City Resolution 00-320 regarding PZ -2 and companion Item PZ -3, which directly impact the Miami River Corridor. The Florida legislature's 2000 Miami River Improvement Act asked the City, County and Miami River Commission to work together to create a Miami River Corridor Urban Infill Plan. In 2001 the City and County executed a joint planning agreement to create that urban infill plan. Since then, the City and County and Miami River Commission, assisted by consultants, have been working on the infill plan, which is on schedule to be presented for your adoption before the August recess. The plan recommends several zoning and land use changes, including a change for the land on the river's south shore, between Metrorail and I-95, where the property in question, 690 Southwest 1st Avenue, otherwise known as Miami Shipyards, is located. The infill plan will recommend a new special district overlay be created to allow for the mixed uses desired by the applicant, while maintaining light industrial water dependent uses on the river shore. The restricted commercial land use and SD -7 zoning, sought by the applicant, would prohibit water dependent uses of an industrial nature at this waterfront property. Clearly, any application to change existing water -dependent land uses and zoning on waterfront properties should be carefully reviewed. The infill plan recognizes three distinct sections of the Miami River: The lower river is between Biscayne Bay and Northwest 5th Street bridge is in downtown's Central Business District; Middle River 5th Street bridge to 22nd Avenue bridge has residential and mixed uses, while the upper river, 160 May 23, 2002 22nd Avenue to the Solidity Dam, is the heart of the river's maritime shipping industry. The Miami River is the fourth largest port in the state, and its marine and shipping industry employs thousands of residents, inserting millions of dollars into our local economy every year. The property in question, Miami Shipyards, is currently an operating shipping terminal. The Miami River Commission recommends that the City Commission adopt the Miami River Corridor Urban Infill Plan in the near future and partially implement the plan by creating the new, modified SD -7 overlay on the river's south shore, between Metrorail and I-95, which would permit both mixed and a marine - dependent light industrial uses on this waterfront property. Thank you for your time and consideration. Chairman Regalado: Thank you, sir. Commissioner Sanchez: Mr. Chairman -- Chairman Regalado: Yes, sir. Commissioner Sanchez: -- based on no opposition and Planning recommendation for approval, I so move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second on item -- Commissioner Sanchez: Well, PZ -2. Joel Maxwell (Deputy City Attorney): PZ -2. Commissioner Sanchez: We'll get to PZ -3 after -- Chairman Regalado: PZ -2. Read the ordinance. Roll call. 161 May 23, 2002 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NUMBER 10544, IS AMENDED FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PROPERTY LOCATED AT APPROXIMATELY 690 SW 1sT AVENUE, MIAMI, FLORIDA FROM INDUSTRIAL TO RESTRICTED COMMERCIAL MAKING FINDINGS, DIRECTING TRANSMITTALS TO EFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of April 25, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12231. The ordinance was read by title into the public record by the Deputy City Attorney. 39. SECOND READING ORDINANCE: CHANGE ZONING AS LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM SD -4 WATERFRONT INDUSTRIAL TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL - RESIDENTIAL DISTRICT AT 690 SW 1sT AVENUE. Chairman Regalado: PZ -3. Lourdes Slazyk (Assistant Director, Planning and Zoning): Three is the companion. Commissioner Sanchez: So moved, Mr. Chairman. 162 May 23, 2002 Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. It's a public hearing. Anybody in opposition to this companion ordinance? Being none, we close the public hearing. Read the ordinance. Joel Maxwell (Deputy City Attorney): You have a motion? Chairman Regalado: We have a motion. It's been moved and second. Commissioner Sanchez: It's been moved and second. 163 May 23, 2002 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AMENDING PAGE NUMBER 36 OF THE ZONING ATLAS OF ORDINANCE NO. 11000 IS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. ARTICLE IV, SECTION 4-01. SCHEDULE OF DISTRICT REGULATIONS BY CHANGING THE ZONING CLASSIFICATION FROM SD -4 WATERFRONT INDUSTRIAL TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 690 SW 1sT AVENUE, MIAMI, FLORIDA IS LEGALLY DESCRIBED ON ATTACHMENT EXHIBIT A 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 25, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele. Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12232 The ordinance was read by title into the public record by the City Attorney. Chairman Regalado: PZ -4 is -- Unidentified Speaker: Thank you. Chairman Regalado: Thank you. 164 May 23, 2002 40. CONTINUE CONSIDERATION OF PROPOSED SECOND READING ORDINANCE TO AMEND CITY CODE TO REQUIRE PUBLIC NOTICES AND PUBLIC HEARINGS PRIOR TO COMMISSION CONSIDERATIONS OF MATTERS RELATING TO PLAT APPROVALS, STREET CLOSURES AND ACTIONS INVOLVING PUBLICLY OWNED LANDS, TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 27, 2002. Chairman Regalado: PZ -4 is in Commissioner Winton's district. He'll be here in a few minutes. The companion is PZ -5. We'll take this as soon as Commissioner Winton arrives. PZ -6 is a second reading ordinance. The applicant is the Public Works Department. Commissioner Gonzalez: So moved. Chairman Regalado: It's been moved. Commissioner Sanchez: Is there -- Chairman Regalado: And second? Commissioner Sanchez: Is there opposition? Chairman Regalado: We have a motion and a second. Anybody from the public -- Joel Maxwell (Deputy City Attorney): Commissioner -- yeah. I'm sorry. Before you vote on that, Commissioner, you may recall that at the last meeting, as well, that we, the Law Department, expressed some concerns about the possible unintended effects of this ordinance. It may be broader than maybe the Commissioners really intended for it to be. We continue to be concerned about that, and administration, I understand, may have some concerns about that as well. We'd like to ask your indulgence in the continuance of this item, if you will -- Commissioner Sanchez: So moved, Mr. Chairman. Mr. Maxwell: -- so that we can explain that to you. Commissioner Sanchez: Be continued to the next available PZ (Planning & Zoning) on - Chairman Regalado: June -- Commissioner Sanchez: 27th. Mr. Maxwell: Yes, sir. 165 May 23, 2002 Chairman Regalado: June 27th? Commissioner Gonzalez: Second. Chairman Regalado: PZ -6 has been deferred to June 27th. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: OK. PZ -7 and this is Commissioner's Sanchez district. Commissioner Sanchez: Yes. Chairman Regalado: 613 Northwest 7th Street Road. PZ -7, we have a companion item on PZ -8, a companion item on PZ -9, a companion item on PZ -10. Four. Commissioner Sanchez. Commissioner Sanchez: OK. Susan Cambridge: This item is a park in the Spring Gardens historic community. Susan Cambridge, Planning and Zoning Department. It's a park that's located just adjacent to the Miami River. Chairman Regalado: Wait, wait, wait, wait. I made a mistake. It's not in Commissioner Sanchez' district. I thought it was southwest, but this will be Commissioner Teele's district. It's Spring Gardens. It's actually where Commissioner Teele lives, so we're going to wait until he comes back. Mr. Maxwell: This was 7? 166 May 23, 2002 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-592 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED SECOND READING ORDINANCE TO AMEND THE CODE OF THE CITY OF MIAMI TO REQUIRE PUBLIC NOTICES AND PUBLIC HEARINGS PRIOR TO CITY COMMISSION CONSIDERATIONS OF ANY MATTERS RELATING TO PLAT APPROVALS, STREET CLOSURES AND ACTIONS INVOLVING PUBLICLY OWNED LANDS, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 27, 2002. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 41. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 946 PUBLIC STORAGE FACILITIES, TO PROHIBIT PUBLIC STORAGE FACILITIES AS USE WITHIN CERTAIN SPECIAL ZONING DISTRICTS. (Applicant(s): Carlos A. Gimenez, Miami Chairman Regalado: We have -- Commissioner Sanchez: PZ -12? Chairman Regalado: --PZ-12. Well, PZ -11. The applicant is the City Manager. PZ -11 is a first reading ordinance. This will prohibit public storage facilities as a use within certain special zoning districts. I -- no, no. I understand that some of the residents that are here are for special invitation that I did to a resident, and it's not on the agenda. We are going to wait a few minutes to see if Commissioner Teele -- I mean Commissioner Winton, because that property that we're going to discuss is in Commissioner Winton's district. However, it's only 50 feet away from my district and this is why I've taken this interest in this property. So, any -- all of you are here for the mystery house? OK. 167 May 23, 2002 Commissioner Sanchez: The mystery house? Chairman Regalado: Yes, it is the house -- I'll tell you about it. Commissioner Sanchez: Why is it the mystery house? Chairman Regalado: I'll tell you about the mystery house in a few minutes. But let's do first Item PZ -11. This is about warehouses and storage. Lourdes Slazyk (Assistant Director, Planning and Zoning): This amendment, Commissioner, is to eliminate public storage use within the special districts in the City that go back to C-1 for their list of permissible uses. Commissioner Sanchez: I'm prepared to move it right now. Chairman Regalado: Huh? Commissioner Sanchez: I'm prepared to move it right now. Chairman Regalado: You are? Commissioner Sanchez: Yes. So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. This is first reading. This is a public hearing. Commissioner Sanchez: Save our neighborhoods. Chairman Regalado: Anybody on the public? Being none, we close the public hearing. Read the ordinance. Roll call. 168 May 23, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDNANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 946, PUBLIC STORAGE FACILITIES, TO PROHIBIT PUBLIC STORAGE FACILITIES AS A USE WITHIN CERTAIN SPECIAL ZONING DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the Deputy City Attorney. 42. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE BY AMENDING SECTION 401 SCHEDULE OF DISTRICT REGULATIONS TO MODIFY C-1 RESTRICTED COMMERCIAL ZONING CLASSIFICATION TO INCLUDE FIRE STATIONS AS CONDITIONAL PRINCIPAL USES. Chairman Regalado: Item 12 is a first reading ordinance. It's fire stations uses in C-1, restricted commercial zoning. The City Manager is the applicant. It's a first reading ordinance. It's been moved and second. Commissioner Sanchez: Is there any opposition? No. Second. Chairman Regalado: OK. Read the ordinance. Yeah. Roll call. 169 May 23, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000 IS AMENDED. THE ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING ARTICLE IV/SECTION 401 SCHEDULE OF DISTRICT REGULATIONS TO MODIFY THE C- 1 RESTRICTED COMMERCIAL ZONING CLASSIFICATION TO INCLUDE FIRE STATIONS AS CONDITIONAL PRINCIPAL USES SUBJECT TO SPECIAL EXCEPTION PERMIT WITH CITY COMMISSION APPROVAL. CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 43. DIRECT MANAGER TO SCHEDULE ON COMMISSION MEETING AGENDA OF JUNE 13, 2002 ITEM TO DISCUSS UNUSUAL STRUCTURE LOCATED AT 2542 S.W. 25 AVENUE; MANAGER TO MEET WITH OWNER OF SAID PROPERTY AND REPORT BACK TO COMMISSION. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Can we take a recess for about five minutes? Chairman Regalado: Yes. Let me say -- because we have some PZ (Planning & Zoning) items that need to be addressed by the area Commissioners on the case that you all are here. I wish that Commissioner Winton will get here because it's in his district. I've known about this property for many, many weeks because I go around on my district and I sort of turn on 25th Street, and I've been looking at that place for several, several weeks and I didn't ask anybody from the city about it because I wanted to see how far they will go and they did. So we are going to take a break. Six -fifteen, if Commissioner Winton is not here, we are going to take this item, but he really needs to know because he really 170 May 23, 2002 cares about this kind of situation. But we'll be back at 6:15 with this item and the rest of the PZ items. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:09 P.M. AND RECONVENED AT 6:33 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPTING VICE CHAIRMAN WINTON, COMMISSIONER TEELE AND COMMISSIONER GONZALEZ. Chairman Regalado: (INAUDIBLE) zoning item has to go in the agenda and be advertised in the paper in order for the Commission to vote, so -- but we can hear the discussion and then decide, the members of the Commission, what we're going to do. When Mr. Alex Perez sent me an e-mail, I invited him to come and -- because I thought that it was important that it was put on the record, although it was not on the agenda because it was too late to place it on the agenda, but you will be able to listen to what it is. OK. We have a quorum now and we -- as I said, we have -- this is a non -agenda item and it's a courtesy of the City Commission to listen to the different members of the community when they have some issues. In this case, this is a house -- where's the Manager, Dena? Dena Bianchino (Assistant City Manager): I'll get him for you. Chairman Regalado: Because he saw -- he went and saw this place. This is a property that has been built on 2542 Southwest 25th Avenue. This is District 2, Commissioner Johnny Winton's, so he'll join us in just a -- in a few minutes. It is, as I said, only a few feet from my district, District 4. District 4 ends on 24th Terrace, so it's very close. And this is why I've been watching this construction for several weeks now and I -- as a journalist, I was very curious to find out what it was, but I didn't want to ask anything to the staff until they finished, because I wanted to see what really they were up to and how far will they go. Basically, this is a home -- well, a construction located on a residential area. It's about a block from Silver Bluff Elementary, two blocks east of 27th Avenue. It's a very residential area. The Silver Bluff area, which is a beautiful, beautiful neighborhood; one of many beautiful houses and one that I am pretty proud to represent much of its part, so it is a surprise to see a very weird construction. This is a construction that has very small living quarters, plus nine garages. It is pretty strange and, you know - - and the residents, of course, are concerned. What could it be, you know? It could be anything, but certainly it is not a house and that I am certain of. So, Madam City Manager, if we can have the Planning Director or the Building Director -- Hector, you want to come and explain -- First of all, Mr. City Attorney, I have one question. You went with me yesterday. Do you think this is a house? Alejandro Vilarello (City Attorney): Well, certainly a portion of it looks like a house. The balance of it is an odd configuration. Commissioner, just for the record, also you should know that there's no current application pending and, therefore, there's no Jennings issues or -- and so it's an appropriate subject of discussion. Chairman Regalado: We can discuss; although, we cannot vote. 171 May 23, 2002 Mr. Vilarello: Correct, correct. Chairman Regalado: OK. Let me ask you. According to all the zoning and planning code, is this permissible? Ana Gelabert (Director, Planning & Zoning Department): What I understand the plans showed -- Chairman Regalado: Your name. Ms. Gelabert: Commissioner, Ana Gelabert, Director of the Planning and Zoning Department. -- is that it's a terrace and under that, the Zoning division of the Planning Department reviewed it and the terrace is an allowed use. Commissioner Sanchez: It is? Chairman Regalado: It is. Ms. Gelabert: It -- there's -- the plans are showing that as a terrace. Chairman Regalado: It's a terrace with nine doors, right? Ms. Gelabert: Well, it doesn't have doors. What it has is openings. I understand what you're saying. I'm just saying what the plans that came to the Zoning division to review showed that area which connects the house and the garage as a terrace, as an open patio. Commissioner Gonzalez: But when they pulled the permit -- Chairman Regalado: Nine garages. Ms. Gelabert: I'm sorry? Commissioner Gonzalez: When they pulled the permit, they pulled the permit to build what, a house? Ms. Gelabert: It's a house and then it has -- it shows the area where the concern is arising because it has the columns and it looks like it could be an open garage. It's shown as a terrace on the plans; that's what the Zoning and the Building departments saw and that's what they reviewed. My understanding is that there was some area that was -- some papers were put connect -- that are ramping up, which I understand are not part of the plans; that NET (Neighborhood Enhancement Team) is aware of it, and that they -- I don't know if -- I don't want to say they issued any notices because I'm not aware of that. I do know that they are made aware that it was not part of what the plan -- that was approved, and the Building Department, which Hector is here to speak of that, I understand also has flagged it as something that needs to be corrected. 172 May 23, 2002 Chairman Regalado: But -- I mean, you may say that this is a terrace because they told you that it's a terrace, and the plans say that there is a terrace, but to me it looks like a garage. They have the configuration of a garage. They do not have a door, although they have the outlets to install the sliding doors. What I don't understand is, why we didn't question this odd construction and try to find out what was going on. Ms. Gelabert: I guess when the plans come to be reviewed and they state that it's a terrace, that's what the plans examiners are looking at. The aesthetics of it is not reviewed by the Building Department or by the Zoning division. Therefore, the aesthetics were not part of the review, not for the single-family home in this neighborhood. It was not -- it did not require a special permit and it did not require -- it's not -- so it didn't go through the design review, if you will. Now, if they changed or they close it or becomes something other than a terrace, it would require to go back to the Building Department for permitting. It's not that with what they have they can proceed and change it. Chairman Regalado: Can we hear from the Building director? Hector, you're an expert on this. Did you see the place? You want to see it? Hector Lima (Building Director): Hector Lima. Yes, I visited the place yesterday and last week also. (Vice Chairman Winton entered Commission Chambers at 6:42 p.m.) Chairman Regalado: Let me just brief Commissioner Winton. I just want to have this -- Where's mystery house? This is 50 feet into your district. Vice Chairman Winton: I've heard about this. Chairman Regalado: OK. And 50 feet away mine -- from my district, so all these residents are here, invited by the City Commission, to address the City Commission regarding this mystery house. We are discussing what it is and -- if it's a terrace or if it's a showroom or -- I don't know what it is. But, Hector, can you just -- As an expert, what is this? I mean, it's really weird, you know. Mr. Lima: Commissioner, I have in my office an approved set of plans drawn by a professional architect. On those plans, it shows a two bedroom, one bath house, with a very large, not common covered patio attaching to a two -car garage. I can only tell you that, as a professional, it is a single-family house, it's very odd and according to the plans that were reviewed by the different entities within the city, which is Zoning, Public Works and Building, it meets those requirements. I have met with the neighbors and I have assured them that we will not give them a CO (Certificate of Occupancy) until this property meets exactly what these plans are showing. It's flagged in the computer for that, and the Manager also asked me to flag it for any future permits that might come up and that has been done. 173 May 23, 2002 Chairman Regalado: I think that what the neighbors are here for is not to complain because the construction is odd or it's ugly, but it's about the fear that this could become a very commercial entity doing, somehow, some kind of some commercial activity on a residential district. So I don't -- you know, I don't think that they want the place demolished or anything but, you know, all points that there's going to be something there. I mean, it's -- Mr. Lima: It's exactly what -- What Dena is saying is, NET has been advised; they know exactly that there's a concern. The neighbors have gone to NET. They've gone to us. We have it flagged and, believe me; we're going to be on top of that property. It's either single-family or it's nothing. Chairman Regalado: What do you mean, it's nothing? Mr. Lima: I can assure you of that. We will not allow it to be any use but a single-family residence. We, meaning the whole City, the whole staff: NET, Zoning, the Building Department. Everybody is very aware of what's going on over there. Chairman Regalado: We have Mr. Perez here. He's the one that requested -- Do you want to come so that members of the Commission hear what you have to say? By the way, he's here with about, I don't know, 40 or 50 people from the area. Yes, sir. Go ahead. Alex Perez: Can I hand these out? Chairman Regalado: Sure. Give one to the City Clerk. Mr. Perez: What I've done with regard to this project -- Chairman Regalado: Name and address. Mr. Perez: Oh, I'm sorry. Chairman Regalado: And just raise the mic, please. Mr. Perez: H. My name is Alex Perez. I'm a property owner Silver Bluff, and I'd like to thank you -- Chairman Regalado: Your address. Mr. Perez: -- for the opportunity -- Chairman Regalado: Address. Mr. Perez: 2654 Southwest 25th Terrace, and I'm here today to talk about the property at 2542 Southwest 25th Avenue. What I've handed out is some pictures that I've taken and 174 May 23, 2002 some comparisons to other configurations that are similar to the property at that address that I've managed to find in other locations. The first page is an example of what that property could potentially become and I want you to keep that in mind as we look at the following pages. The second page of the photographs that I've handed out is one of the house taken from the southeast corner, if I'm not mistaken, of that intersection where you can see the two -car garage, the terrace/garage in question and the portion of the single- family home or mystery house. Third page: The two-bedroom house is very small. I mean, I've managed to look through the windows and I know someone of my size, my stature couldn't live there, so it's very strange. And we have two of the automobile or two of the bays or look to be bays in this picture, as well as, you'll notice, there are two doors; one that lead into the terrace and one that lead to the outside of the terrace, which I also find very interesting. On the second picture, I've outlined the two -car garage, as well as some more of the bays. You see a little bit of the pavers and you also -- you can barely tell in the back there that there's another door leading into the two -car garage. Following page: A little closer view of the bays. The picture below that, you'll notice the angle of the ramp and how much of a ramp there is. We've been told that that was to drain rainwater and with that amount of ramp, it's just more than enough to drain the rainwater. It's just --it appears to be what you would normally find front ending a garage to allow the cars to drive up into the bay area. The next picture on this following page is exactly what we just finished talking about, where the pavers extend all the way out to the sidewalk. We know that these need to be removed and those have been flagged by NET. The other thing or the following picture is also of the fence that is a contiguous fence, or what's supposed to be a contiguous fence, it is a pair of aluminum fence doors, which what have you, with a center aluminum column buried into the ground, held on either end of the cement columns that make up the entranceway into each bay by a couple of screws. That center column is not -- is into the ground, but there's no concrete there. I was able to dig with a screwdriver all the way down into black dirt, so those panels can very easily be removed. The following page is pretty telltale. These outlets, which I've outlined, I've taken pictures of, are just -- in just reviewing the plans here with Mr. Lima, those outlets are not on the plans. Each of those outlets are square in the center of every bay, almost what you'd expect to find if you were installing a garage door opener. You also have accompanying switches, as well as on every other column you'll notice that there are switches, as well, that you can barely see. All those switches, including the outlets and everything else around there are all waterproof, are all weatherproof, commercial grade quality outlet switches, not typically something you would find in a home and definitely not something you would find in a covered area like this. These outlets that aren't on the plans that are above each of the bay are what really set the red flag for us; that made it appear as if this truly was a garage and not an open terrace. The following page: Again, some of the outlets are identified. You'll also notice these vents. I can show you several commercial garages around the City of Miami, in Kendall, in downtown Miami where you see these exact same type of vents in a commercial garage. It's just another series of circumstantial items that lead one to believe that this truly is a garage and not just a terrace. Vice Chairman Winton: Are these vents at the back? 175 May 23, 2002 Mr. Perez: Yes, they are. Vice Chairman Winton: OK. Thank you. Mr. Perez: They're at the back wall of the open terrace. Just to give you a view from the property, the following picture below that is a shot of just how close Silver Bluff Elementary is, and from the opposite corner from where I parked to take the picture on page 2. And to give the Commissioners some perspective, I've went ahead and took an aerial view just to show you, more or less, where the property is located to 27th Avenue and Silver Bluff Elementary. Following the set of pictures, I have signatures from several of the residents in the Silver Bluff area that are basically concerned and complaining about the property and its potential use, and the one thing again I have to point back to is those outlets over each of the bays that really, really set it apart and really raise the red flag. Those are too close to the front of the bays to be used for ceiling fans and, typically, you would find ceiling fans in the center, so I'm not sure what they're used for. They don't seem to serve any other purpose than to be able to mount a garage door opener. Chairman Regalado: Yes, sir. Vice Chairman Winton: Mr. Chairman, I need to ask Carlos a question because I didn't hear your answers, nor the question that was asked of you. But I have to admit, it does seem to me -- I think my mother and dad used to say, if it walks like a duck, quacks like a duck, looks like a duck, it must be a duck and this is looking awfully ducky to me. What did you say the plans show for these bays? How are these bays described in the plans that we approved? Mr. Lima: A covered patio is what is on the plans. Vice Chairman Winton: So a covered pat -- that does mean it's an enclosed covered patio or -- I mean, how's that -- Mr. Lima: It has a rear wall where those vents are located. It's got a roof and two walls on each side. The outlets -- Vice Chairman Winton: Does it show doors in the front? Mr. Lima: No. It's open -- Vice Chairman Winton: It's open? Mr. Lima: Right, and it's open right now. The outlets that the gentleman showed me, they're not part of these plans and they will be cited, just like we cited the pavers. Vice Chairman Winton: Great. 176 May 23, 2002 Mr. Lima: He did make that aware to me just now. Vice Chairman Winton: Now, it's crystal clear that the neighbors have great cause for concern, so I think we all agree with that, and I think the question that we've got to answer for the neighbors and for ourselves is, once this duck tries to get in the water, what can we do about the duck? I mean, this is a duck. We know this is a duck. And so the question is, what can we do about this duck once its feathers show? Commissioner Sanchez: Hey, it went from a mystery house to a duck. Chairman Regalado: Johnny, let me -- Vice Chairman Winton: I've got the duck. Chairman Regalado: -- let me just ask. I advised the Manager about four or five days ago that I will be inviting this gentleman to discuss this because I thought it was an important thing for the City Commission to see and, besides, it is in other members of the Commission district, and it's important that we all get this information. But I was wondering if anybody called the owner of the property from the City staff to ask him what is he planning to do or she? Mr. Lima: I had the Building inspector physically speak with the owner or the owner's representative and red -tagged the job; that we would not issue a CO or turn on the electricity unless they met the conditions of the plans, so we -- you know, I don't know if we've called the owner, but we did contact at the site. Chairman Regalado: But did anybody ask the owner -- I mean, just out of curiosity -- to see what he or she plans to do? Ms. Gelabert: Commissioner, my -- I spoke to Juan Gonzalez, the Zoning Administrator, and he had a meeting with the owner's representatives and in that meeting -- I was not part of the meeting -- the representative said that he would put a covenant that would run with the land, saying that it would be used as a terrace. Chairman Regalado: Well, why do we have -- Ms. Gelabert: I -- you know, that's -- Vice Chairman Winton: I think -- Chairman Regalado: Why do we have a mystery owner now? I mean, can we just ask the owner? Ms. Gelabert: I'm sorry, I haven't met -- 177 May 23, 2002 Vice Chairman Winton: Well, asking him is one thing. I want to hear -- I'd like to get my question answered here -- Chairman Regalado: Go ahead. Vice Chairman Winton: -- so I can understand what steps we can take once this duck grows feathers. Well, let's hear it because -- Mr. Lima: I'm sorry, Commissioner. Prior -- Vice Chairman Winton: The question is --the point is, this is a duck. It just doesn't have its feathers yet, and so what the neighbors are concerned about isn't just today. The neighbors are concerned about six months from now, 12 months from now, 18 months from now and 24 months from now. That's the concern and that's the right concern to have. So the question that we have to answer so that they can go home tonight and sleep, as opposed to go home tonight and say "I've got to worry about this every day for the rest of my life," what authority do we have to prevent this duck from growing feathers? What authority do we have to make sure that this property is maintained strictly as a single- family residence, period? Commissioner Sanchez: Before you do that. Johnny, you weren't here. This was not publicly advertised, so we -- you were told? OK. Chairman Regalado: Yeah, but we can listen from the staff and -- Commissioner Sanchez: No. I know, I know -- Chairman Regalado: (UNINTELLIGIBLE) on the record. Commissioner Sanchez: --but I just didn't want him to make -- Chairman Regalado: We just don't want -- Commissioner Sanchez: -- and then give ammo to the other (UNINTELLIGIBLE) Chairman Regalado: We cannot make any vote; although, we can suggest that this come back with a public hearing, if that is the case. Vice Chairman Winton: But we can't -- and I think, most importantly, we can give the property owners in the neighborhood all the information that we have -- Chairman Regalado: Of course. Commissioner Sanchez: -- that will allow them to go home with some level of comfort, and that's -- 178 May 23, 2002 Chairman Regalado: Of course. Vice Chairman Winton: -- what we need to do tonight. Chairman Regalado: But that's the main reason for them to come here, and that was my purpose in inviting them. Vice Chairman Winton: So could I get the answer -- Chairman Regalado: Go ahead. Vice Chairman Winton: -- to the question. Chairman Regalado: He's waiting for his answer. Denis Wheeler: Denis Wheeler, Director of NET. Commissioner, I know that Tony Wagner has met with the citizens. I know he's very aware of the problem. Obviously, the whole City staff's aware of the problem and we're going to monitor this house very closely. In my opinion, that if the gentleman decides to take the duck and put it in the water, our only mechanism would be to go to cite him for anything that he is doing work without a permit, et cetera, et cetera, and take him to the Code Enforcement Board. Vice Chairman Winton: OK. So the steps will be, any time there's a violation, we cite him, we take him to Code Enforcement Board, we continue to cite him, and he has one of two choices: He can either defy our fines or he can satisfy the violations, isn't that correct? Alejandro Vilarello (City Attorney): He can correct the violations. Vice Chairman Winton: So if he corrects the violations, then the neighbors are all OK again, but if he doesn't correct the violations and he defies our fines, then we continue to fine him and then what are the next steps? Chairman Regalado: Johnny, can I say? There is a third alternative, and this is the one that you approved when I presented, to go to court. Remember the guy that we took to court? This person complied. He demolished the six illegal units. He cleaned everything. The property now is beautiful. He did everything, and that property was running a lien of almost $300,000. Now, he's seeking a second mortgage so he can do some work in his house. Vice Chairman Winton: But I was talk -- Chairman Regalado: So there is a third alternative: We can take him to court. Vice Chairman Winton: Well, you can only take him to court when there's a violation. You can't take him to court -- 179 May 23, 2002 Chairman Regalado: Of course, of course. Vice Chairman Winton: -- if there's no violation. Chairman Regalado: But this guy -- Vice Chairman Winton: And that's why I was -- Chairman Regalado: -- this guy was in violation. Vice Chairman Winton: -- trying to get the City Attorney to answer is, you know, what all of our remedies are and what all the actions are that we can take, because that's what they need to hear. Mr. Vilarello: In the event that the property owner continues to violate the code, notwithstanding the fact the Code Enforcement Board is fining them on a daily basis, our next step would be injunctive relief, and if it's not Homestead property, if the owner's not living on the property and the fines continue, after a period of time, we can foreclose on the property based on those liens. Chairman Regalado: You want to listen to the residents? Go ahead, sir. Name and address. Alex Cao: My name is Alex Cao. I live at 2530 Southwest 25th Avenue, next door to the house. I just want to briefly state what the owner did tell me one day that he showed up with his sons there at the house, or he says they were his sons. He told me that he was a collector of antiquity cars and that he was going to make a house facing the terrace and that he was going to build nine garages in order to store his antique cars in the garages and to produce cars there so that people can see the cars and that he can store them. He was going to do the house hurricane -proof, so that if anything should happen, nothing would happen to the cars. This is all hearsay, I understand that. He did tell me. But as my word, and I can give my word, that I'm not lying. I am an officer with the Miami - Dade Police Department so my word is my oath, so -- and he told me that if anything should happen to the house, nothing would happen to the cars because the house is hurricane -proof. Vice Chairman Winton: So let me ask you a question about that. Mr. Cao: Yeah. Vice Chairman Winton: Does the code allow him to build nine garages and store a bunch of collector cars in a single-family residential neighborhood? 180 May 23, 2002 Juan Gonzalez: Juan Gonzalez, Planning & Zoning. Yes, there is a maximum of garage area in square footage, which is either 20 percent of the size of the main principal structure or 700 square feet, whichever's greater. Vice Chairman Winton: Well, this exceeds all of those. Mr. Gonzalez: If you -- Vice Chairman Winton: I mean, this is clearly more than 20 percent of the -- 20 percent of what? Mr. Gonzalez: 20 percent of the existing principal structure or 700 square feet, whichever is greater. So in other words, it would be 700 square feet. Right now, the official part that we consider the garage, he's under the 700, and that's assuming that these terraces would not be converted to garage purposes. Vice Chairman Winton: No, no, but we're assuming they are. I mean, that's -- the underlying assumption here is that these are all going to be garages, I mean, and I think -- and, frankly, it's interesting because what he -- my next door neighbor told me about this about a month ago, and I drove around and looked at it, and I called staff and asked what was going on here, and he had heard the same thing that you had heard, that this guy was a collector of antique cars and he planned on keeping his cars there. So if the terrace part becomes converted to a garage, is that going to be legal? Mr. Gonzalez: Yes. The answer is, you can keep your own private cars in a garage. Vice Chairman Winton: Seven of them? Mr. Gonzalez: No. It has to -- it's limited by the area. Vice Chairman Winton: Come on, Juan. Chairman Regalado: No, nine. Nine, not seven. Mr. Gonzalez: I don't think nine will be -- for nine cars, you -- 700 square feet, you would not be able to fit nine cars, unless you put them one in back of the other. He's limited in square footage, not in the amount of cars. Vice Chairman Winton: Juan -- Mr. Gimenez: If he -- Let me answer that. I don't think he -- If he were to convert these seven other bays into garage, I believe that would be illegal, an illegal use. Mr. Gonzalez: It looks like -- by looking at the plans, it would be over the 700 square feet, correct. 181 May 23, 2002 Mr. Gimenez: Oh, he'd be way over. I saw the thing myself and he'd be way over the 700 square feet. Plus, he's already got a garage, and he's got two of them that's already closed off as a garage. Vice Chairman Winton: Right. So, Juan, do you need a little bit of time to go look at these plans? Mr. Gonzalez: No. I'm looking at the plans now. Looks like -- Vice Chairman Winton: He's got an enclosed garage already, so that counts. Mr. Gonzalez: Correct, correct, that counts as part of the total 700 square feet. And what happens is, if he were to enclose any additional part of that terrace, in other words, he may be exceeding his 700 square feet. He may be able to enclose maybe one more bay, but that'll be the approximate it. He couldn't enclose the whole terraces. Vice Chairman Winton: OK. Chairman Regalado: But would he be allowed to keep three cars on the garage with a closing door and then have another six cars on the open? Mr. Gonzalez: We don't limit the cars in the open, only garage area. So in other words - Chairman Regalado: So you mean enclosed garage with the door, that's what we limit. Mr. Gonzalez: Well, we're talking about garage storage area, whether they're enclosed by a door or not. He can -- remember, we limit it by square footage of the total construction area, not necessarily the amount of cars. Your question is, can he keep cars outside. As long as he meets the landscaping paved area requirement, which in this area is 60 percent landscaping, 40 percent paved -- Commissioner Gonzalez: Right. Mr. Gonzalez: -- we don't limit the amount of cars a person can keep in his home, only the storage area for the garage purposes. Commissioner Gonzalez: All right. Chairman Regalado: But, Juan, what is a garage? Mr. Gonzalez: A garage is basically -- a complete definition, is an accessory structure intended for storage of personal possessions or vehicles. Chairman Regalado: So if this gentleman does have these antique cars, he brings -- and it makes sense, you know. It makes sense because if you bring one of those little cars, you 182 May 23, 2002 know, like a Corvette or something, you can put it inside. He has tiles, he has a glass, sort of a window or -- I don't think it's a -- Mr. Lima: He's got vents. He doesn't have glass. He's got vents. Chairman Regalado: Vents, OK. Yeah, it looks like vents. So can -- still, the question that Commissioner Gonzalez asked and the question that Commissioner Winton has asked, if he stores the cars as the structure is, would that be legal? Mr. Gonzalez: As terraces, yes, that would be illegal. Chairman Regalado: So even if -- If I put my car in my terrace that would not be a garage? Mr. Gonzalez: Technically, you're -- under our definition that is not a garage. Chairman Regalado: So -- Mr. Manager, why -- so we encourage the people to place their cars in their property, right? Mr. Gonzalez: Correct. Mr. Gimenez: Yes, sir. Chairman Regalado: So why NET is after people that park their cars in their property? NET has fined people that park their cars in their property. Mr. Wheeler: Denis Wheeler, Director of NET. The only people that I believe who have cited for parking cars in their property is unpaved surfaces. Unidentified Speaker: Unapproved surfaces. Mr. Wheeler: Unapproved. Commissioner Gonzalez: If they're parking on unapproved surfaces, they can be cited. Chairman Regalado: So suppose that somebody places a tent. That's a -- could you consider that as a garage? Mr. Wheeler: A tent is more of a carport, if you're talking about the canvas. There is a separate regulation for canvas carports separate from garages. To answer your question, no, that's considered a separate regulation. Chairman Regalado: Well, still, I think Commissioner Winton set the purpose -- the right purpose of this meeting and the time that we're spending. They need to go home and be aware of what the City will do in case that this becomes a commercial entity. You say 183 May 23, 2002 that if that gentleman bring his antique cars and park them without doors -- you meant without doors? Or can he build doors for the seven open bays? Mr. Gonzalez: What happens is, as long as -- we look at the intent of a use. If it's for garage purposes, he's limited to 700 square foot. Technically, you can enclose terraces to make it personal livable space. Chairman Regalado: Exactly. That's what I'm saying. Mr. Gonzalez: Right. Chairman Regalado: If he wants to place a door in that terrace to close the cars, would that be legal? Mr. Gonzalez: To enclose the terraces or the cars? See, these -- to enclose the terraces and convert them -- Chairman Regalado: But how do you know that the cars are inside the terrace, if you can see, because there is a door that is closed? Mr. Gonzalez: Well, the permit will be issued for enclosure of the terraces only for livable purposes, not cars and we can enforce that through -- if he doesn't meet the cite plan, we can enforce it by him not meeting what was approved by plans, but he can enclose it -- to answer you, Mr. Chairman, he can enclose the terraces, only for livable purposes, not to convert them or to garages, as long as he doesn't go over that limitation of the 20 percent of the 700. Chairman Regalado: Well, let me tell you something. That man, if he is going to place, as he told the officer, antique cars there for everybody to see and for everybody to walk on the street with no doors, you know, he's going to get a lot of dents in his cars and he's going to get a lot of people trying to -- Commissioner Sanchez: Dents. Chairman Regalado: -- take one of the lights and one of the -- I mean, he's got to be crazy both ways, but I don't -- still, we have not resolved their problem because they want to go home. Vice Chairman Winton: But, you know, at some -- in government, it's always the best if you can say, bing, bing, bing and everybody goes home, but government doesn't always work that way. Sometimes it's just tough and sometimes decisions are tough, and sometimes issues -- when people are out -- set out to beat the spirit of the law -- and this may be one of those guys -- and they're scattered around all over this community -- I'm dealing with a couple of others on some other kinds of issues where they are flat out out to flaunt the law and they will come right up to the edge, right to the damned edge, and they dare you to try to come over that fence after them because you don't have any tools 184 May 23, 2002 to do that and if you do, then you get sued and you're going to lose your rear -end, and they don't care about their neighbors. They don't care about anything. They only care about themselves, and this is -- this may be one of those cases and if it is, what we have to do, from a government standpoint, is be -- and we need your help. We need you to watch every single little move they make -- Chairman Regalado: Oh, they will. Vice Chairman Winton: -- every single -- Chairman Regalado: Oh, they will. Unidentified Speaker: There's no worry right there. Vice Chairman Winton: -- but every single little move they make -- Chairman Regalado: Believe me, they will. Vice Chairman Winton: -- then we will respond, and we will be relentless in our commitment to enforce every single little -- we could play the same game -- every single little code violation we can find, no matter how small it is, how insignificant it may be, we use that tool. And if he's going to play the game, we'll play it back and, over time, somebody's going to cry uncle, and government's going to be around a lot longer than he is, so I suspect that he will be the one that cries uncle. But there -- this isn't going to be one of those happy stories where we could say, here's exactly what we can do tonight and your problem's completely solved. Chairman Regalado: No, and you're -- Vice Chairman Winton: It's clear to me that isn't -- this isn't going to be one of those. Chairman Regalado: -- right, but that's -- and I think I'm going to go a little farther than you did. I think that for them to know that we are on their side, we need to place this on the June 13th agenda as an official item to discuss and tell administration from now to the 13th, talk to the owner, talk to the owner's representative; you know, explain what is legal and what is not. Explain the concerns of the neighbor, and if he has any other plans, well, then, you know, it's tough. Because like Johnny said, we're willing to do battle and we don't -- it's fine by me to do battle with this person, so I don't think that anybody wishes to wage battle with government because at the end, he's going to lose. So do you agree to place this on the June 13th agenda as a discussion item and get administration report on the owner's ideas of his property, the City's compliance -- Vice Chairman Winton: Is that something different than we've just done? Chairman Regalado: Yes, because we have not told them that, on the 13th, we're going to have a report, a full report. That is my proposal to your comments. What you said is 185 May 23, 2002 what they are expecting to hear, but I think that we should leave the door open so they can come back publicly on a public hearing and address the issues that they have. So let's place this on the June 13th agenda. Mr. Gimenez: Commissioner, you know, I think Commissioner Winton was right in that, when you have somebody that wants to circumvent -- not circumvent. Actually, use the law and then use the finer points, you know, against us, that we have a difficult time. You know, I just asked our Planning Director if we had an architectural review board process, like the Gables or something, could something like this be built? And probably not. So we may want to consider doing -- making changes to our code. Maybe adding some processes, even for single-family, homes that will not allow these types of things to happen in the future. Because a code cannot be written so comprehensively that somebody -- you know, this person is, you know, pretty smart right now in what they're doing that they could build a structure such as this and it's horrendous, but it complies with the code and the zoning at this point. So we may need to add, you know, a step or two in order to make sure that even in R-1 that we don't allow these things to happen in the future. Vice Chairman Winton: And, you know, we had great debate and passed a series of resolutions, I think at the last meeting or the meeting before last, setting up these conservation districts so that the neighborhoods can decide what's important for their neighborhoods. So we could -- you could, as an example, this neighborhood could create its own conservation district, separate from anything else anywhere in the city, and it may want -- that neighborhood -- its principle issue that it wants is design standards for single- family homes, and we now have a vehicle to allow you to do that that doesn't force this debate citywide so that in some other neighborhood where they don't want those controls -- I don't want those controls at all in my neighborhood. Well, you don't have to have them in your neighborhood. We can do them neighborhood -by -neighborhood, which is a huge value to these conservation districts that we just created. So there's a vehicle that we now have in place to allow y' all to do those kinds of things. Chairman Regalado: But remember, they're here not because the place is ugly. They're here because they fear that this will become a nightmare for their quality of life, because if that becomes a commercial thing -- I don't know. I cannot say on the record the ideas that I have that that could be used for, but the residents are afraid that any commercial entity will destroy the residential living in that area. So that is why we'll place this on the June 13th, Mr. Manager, agenda and come back with a report to the residents. In fact, Alex, if you want a time certain, we can have a report on the record by the managers and the professional staff and all the conversations that have been going on back and forth -- Mr. Perez: I would like that. Thank you. Chairman Regalado: -- around 6, on the 13th, and we'll do that. Mr. Perez: Thank you. 186 May 23, 2002 Chairman Regalado: And meanwhile, you know, just -- you know where to reach everybody. You can -- If you see, I mean, something -- Mr. Perez: Well, we already know that the pavers are not within code, and I just demonstrated to Mr. Lima the outlets above each bay where the wall plates are now, those aren't on the plans either, so we have another item there to look at. So he's more than crossed the line. He has crossed the line. At least on those two items. So, yeah, I'm really looking forward to this on the 13tH Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: That's exactly something that I was going to address. The gentleman pointed out that they have placed some connectors or some electrical boxes and, Mr. Lima; you said that those are not details on the plan, right? Mr. Lima: That is correct, and we're going to cite him. Commissioner Gonzalez: Great. Mr. Lima: He brought those to my attention today. Commissioner Gonzalez: Great. That's exactly where I'm going. You said we're going to cite him, because the gentleman brought to you or called to your attention that they're already doing something that it is -- if it's not illegal, it's not something that is on the plans; that it's not something that was not approved by Building and Zoning, so that is exactly -- Are we inspecting that property periodically, according to their construction schedule or whatever? Mr. Lima: Commissioner, yes. And to answer your question, I will get a report from the inspector why he approved it when it was not on the plans, yes. Commissioner Gonzalez: That's what I want to hear. Mr. Lima: Yes. Commissioner Gonzalez: Because you also mentioned the fact that you know for a fact that on the ramp that they built for these garages is illegal or it wasn't done according to plan, so that -- there is another violation and -- Mr. Lima: That -- no. That violation has been cited -- Commissioner Gonzalez: It has been cited. 187 May 23, 2002 Mr. Lima: -- to the owner, to the rep. It's in the computer. It's flagged. They will not get electricity or a CO in that house until it complies with those plans. That assurance you have. Commissioner Gonzalez: OK. So, actually, you've got my point. My point is that if we're going out to that property to inspect that property according to the Building schedule, the inspector that goes out there should look out for anything that has been done there and that is not included in the plans and, at that time, just cite it, you know. Vice Chairman Winton: Yeah. A re -inspection would be good. Commissioner Gonzalez: And enforce it. Or maybe -- Mr. Lima: I spoke to the chief electrical inspector at lunchtime and I already told him there is another deficiency that I saw on the plans -- Commissioner Gonzalez: OK. Mr. Lima: -- which they're going to cite also, yes. Commissioner Gonzalez: So maybe we should go back and re -inspect the entire construction, you know. Mr. Lima: That is correct. I -- Commissioner Gonzalez: Do a joint inspection. Mr. Lima: We will inspect it by -- Commissioner Gonzalez: Right. Mr. Lima: -- the different entities, yes sir. Chairman Regalado: And you will report to the members of the Commission so we can, in turn, report to the residents. But other than that, we're placing this on the agenda on June 13th; a report from the Manager at 6:00 p.m. time certain, and thank you very much for coming. Unidentified Speaker: Thank you, Chairman. Chairman Regalado: Thank you. Unidentified Speaker: Thank you, Commissioners. 188 May 23, 2002 44. AGENDA ITEM #19 -- FIRST READING ORDINANCE IMPOSING TEMPORARY 45 -DAY DELAY IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION, OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES FOR SPECIFIC PURPOSE OF REVIEWING ARTICLES 4 AND 6 OF ORDINANCE NO. 11000, AS AMENDED; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW (B) DIRECT CITY MANAGER TO PREPARE COMPUTER ASSISTED MAP OF CITY SHOWING CELL TOWERS, PUBLIC HOUSING, APARTMENT BUILDINGS AND SCHOOLS, USING SAME COLOR CODE AS DEPICTED IN MAP PRESENTED TODAY TO THE COMMISSION BY MR. LEROY JONES. Chairman Regalado: Commissioner, we were waiting for you on one of the items -- discussion items that we have. We have done much of -- What is the item? 18? 18. No? 19, 19. Cell phone. Item 19. Commissioner Teele is back and we promised that we would be discussing this item, Cell Tower Installation at 5880 Northwest 17th Avenue. Commissioner. 19, 19, Item 19,. Commissioner Teele: Regular Agenda? Chairman Regalado: In the regular agenda. Commissioner Teele: Mr. Chairman, I'm sure you advised the public, but I do want my constituents in the public to know that I was away serving on the MPO (Metropolitan Planning Organization). And -- Chairman Regalado: We already did. We explained that you were -- you and Vice Chairman Winton were at the MPO meeting, and we did not do, at the request of all the members of the Commission, any zoning items related to the absent Commissioners' district. Commissioner Teele: Thank you. And the matter would be of particular significance to many of the people here involving the redevelopment of West Grove, under Vice Chairman Winton's leadership. Thank you. Chairman Regalado: You want to do item 19? Commissioner Teele: Ms. Range, welcome, and thank you for being here. Athalie Range: Thank you very much, Commissioners. Honorable Commissioners, my name is Athalie Range, and I reside at 5727 Northwest 17th Avenue here in the City of Miami. I am one among a number of persons who are here, because we are interested in a circumstance which is going on in our community, and we feel it's necessary to bring it to your attention. We are victimized again. We heard the word just a few moments ago 189 May 23, 2002 of a nightmare in a neighborhood, and we'd certainly join those who feel that they have a nightmare, because we have a nightmare going on in our neighborhood now, and this is that a cell phone tower has been allowed to be erected right in our neighborhood, which is -- I suppose it is by the consent of the City, which has granted the erection of this tower. It stands on the corner of Northwest 59th Street -- 58th Terrace and 17th Avenue. It is within the distance of two elementary schools and a nursery. And further down the street, there's another elementary school. We feel that this is a danger to our community. We know that there have been a number of these towers erected. And because we could not get the information from different departments of the City, Mr. Jones was kind enough to go around and count these verbally. And we find that there are 22 such towers in the predominantly black area of Miami. This, we feel, is an -- very, very inequitable situation to place us in. With the population of the City of Miami, I can very easily say that we are bearing far more of the burden than any other section of the City of Miami in having this tower erected. It is being erected on a piece of property which has now, I believe, been cited by the City already for having an illegal sign there, yet, permission was given for this tower to be built. Not only is the tower going forward, but now they have placed -- I noticed today as I was coming along the street, they have placed a fence, which is either from eight to ten feet in height. This is because of their uncertainty of the safety of the tower. We certainly are not in a mood to have this kind of circumstance going on in our community. I hesitate to say things that I have no proof for, but I believe someone among the speakers will let you know that a permit has been applied for to put - - what do you call that fencing? Commissioner Teele: Barbed wire. Vice Chairman Winton: Barbed wire. Ms. Range: To put barbed wire fencing around it. Now, I think this is horrendous. I think you're saying to the citizens of Miami, of that particular area that, "You're not quite equal to other areas," and we're going to take precautions before you get out of hand. I think this needs to be looked at. I hope -- I understand that you will not be voting here this afternoon on this issue, but I do hope that, somewhere along the way, you'll find it expedient to place a moratorium until this kind of business can be straightened out, so that those in the community -- we live in a community where it's spot zoning, and it has been over the years. In the community in which I live you'll find a church, a barroom, a pool hall, and a school, all in the same block, if you will. I think the time has come that these kind of things need to be overcome by the City of Miami, and we certainly want to be a part of that. And I'm sure that there will be some more specifics here for you to take into consideration this evening. Thank you very much. Chairman Regalado: Thank you. Herschel Haynes: Good evening. Carlos Gimenez (City Manager): Mr. Chairman, before we -- one thing about the application for the barbed wire. That was denied. So that will not be happening. 190 May 23, 2002 Mr. Haynes: I'm glad to hear that. Good evening, Mr. Chairman and Honorable Commissioners. My name is Herschel Haynes, 4601 Northwest 15th Avenue. And I'm Chairman of the Hadley Park/Model City Homeowners Association, which oversee that area, the area which this tower has gone up. And I echo what former Commissioner Range has said, and also would like to say, from what we have been able to discover, this particular company, this is not the first time that the City has had problems with them. It seems that what they really, really want to do is just demonstrate a flagrant disregard for our community, because, as Mr. Jones is going to show you on this board here, where he has gone around the City, and he has identified where these towers are. And, so now, I'd like to present to you Mr. Jones. Leroy Jones: Is it on? I'll turn it on. Chairman Regalado: Why don't you use this one, Leroy. Mr. Jones: OK. Leroy Jones, 180 Northwest 62nd Street. I'm here representing the business owners that is in that area where the tower just went up. They notified my office, because they was concerned about it. I stayed up all last night typing up this information, and I gave you all a copy. And if you see some type errors, please, don't blame me, you know, because I'm not very, you know, good at computers and stuff. But I stayed up all night putting this together, you know, because I was concerned about it, you know. Matter of fact, when this tower first started being put up, you know, I think I maybe missed three nights of sleep, because I was so concerned, because of the residents and the businesses around there was so concerned about it. So I -- what I did was, on the last page, I made a chart, and it's five colors. And if you look here, all the red dots represent the towers. In the area from Overtown to 87th Street, from Northeast 2nd Avenue to just a little past 17th Avenue, I even went outside the City boundaries to show where the County is actually doing the same thing, as well. So I went outside the boundaries to show just how these towers are being placed in low income, predominantly black areas. It's 24, 24 towers that I listed, and out of the 24 towers, 22 of them is in the City of Miami. And I'm not counting the ones outside the City boundaries. I didn't list them, because they're not in the City's boundaries. But all of these towers is in the black area from Overtown to 87th Street. Just these two is in a low-income area in Little Havana, which is real low-income area. So, we see the trend. Commissioner Gonzalez: You missed six in Allapattah. Mr. Jones: See, I probably missed some, you know. But what I did was, Commissioner, I went on the expressway, and I stopped and I tried to look. I tried to get the highest point I can to see what they was. So I did -- you know, I did pretty good, I think. But the red spots show the towers. The blue spots show public housing. And, you know, we've got a high concentration of public housing in low-income areas. And the yellow spot, show schools and day cares. The green spots show apartment buildings. If you look at how the towers is coordinated, almost every tower has a school by it, or a daycare, or apartment building. And a lot of them is in residential areas. Along I-95, you have the 191 May 23, 2002 three, which is in the Allapattah area, which is in a, I would say, a commercial area, right next to I-95. But on the other side of that is two schools, a public housing, and apartment units. So it's scary in -- I don't want to -- I ain't going to play -- I want to show how it's being coordinated in low income areas where people who, you know, not necessarily don't have the financing to fight corporate America to keep them from out of their areas. So this map, I took my time putting it together. I spotted it out. I hope you can see the spots. If you can't, when the Commission meeting is over, please come out and take a look at it. And it's real scary, because they're right there in the same geographical area, pretty much. OK? So I just want to make a few comments. I want to take the time and try to say a few things. On May the 9th, 2002, the construction of a cell phone tower began in 58th Street and 17th Avenue. It's our understanding that the Commissioner from the district was unaware of it. It's also our understanding that the Model City NET (Neighborhood Enhancement Team) area office in that area was unaware of it. It's also our understanding that the Homeowners Association in that area was unaware of it. Most importantly, the residents, the property owners, the business owners, the schools, and the churches was all unaware of it. If the owner -- if I own a lot in the City of Miami and wanted to open up a grocery store, a club, a game room, a bar, I would have to notify everybody in a geographical area, so that they can come to a public hearing and say how they feel. Yes or no? But, however, corporate America can come in low-income areas and do anything they want, without having to answer to anyone. These towers do not create any jobs in the areas where they're located at. Nobody is employed because of these towers. Only the people who live out of this state, who get the contracts that come in to build them and leave. These towers is a eyesore. Can you imagine one of these ugly things next door to your house? Well, it's real for us. We have to see it everyday. The most important -- wait. Most importantly, they bring another level, we think, of radiation. And some might say it's a small, but it's still another level of radiation. For the Commissioners' information, that same site has an illegal structure, a billboard, but was able to get a permit. This site was already cited. The billboard supposed to been down the 10th of this month. As I understand that, the City supposed to enforced the two hundred and fifty dollars ($250) lien every day for the billboard still being up there. How could the property owner -- if I own a property in the City, in a low income area, and came to the City to get a permit to build something else while I already had a structure and other problems, and was being forced and cited by the City, would the City give me the permit to build something else on the property? Think about that. Property already cited, but still able, but still able to do what it wants to do. Why? Because the property owner is an absentee landlord, and don't live in our community, at all. Don't live in the City of Miami or Dade County. It's our understanding that the property owner is making from five thousand to fifteen thousand dollars ($15,000) a month for this cell phone tower. So the cost and the eyesore of the low-income people don't concern that property owner. They don't care about it. Have the Commissioners given the Building Department the power to place any structure in their district, without notifying you all? Do the Building Department has the power to build anything in your district without you knowing? And if they do, isn't that scary? Think about that. Why was not the people notified? Do they have the right to know what's coming next door to them? Wouldn't you want to know what's coming next door to you? Shouldn't they know what's good for the community? Shouldn't they be able to tell you all, as elected officials, what's good 192 May 23, 2002 for them? I'm willing to bet you, these same people who own that property, who just put a cell phone tower up there don't have none next to they house, where they kids play and go to school at. What about our children? What about our children? Do anybody care about our children? We love our kids, just like everybody else. It's a daycare right across the street from that tower, and the owner and the director of the day care, the parents been threatening to take the kids out of that daycare once that cell phone tower is activated. In that same area, which is in the Model City, we just created a new Model City Homeownership Zone, where we supposed to be spending two hundred million dollars ($200,000,000) in the area, bringing new housing and beautifying the area, fixing up the properties, helping the businesses. Now we've got a cell phone tower there. How many people you think want to move around there? What is the property -- what is the purpose in the zoning of that? Was the zoning classified for the cell phone tower? Because we really don't know what it's zoned as. Please tell us what it's zoned for. I tell you what I experienced when we was out there demonstrating about this cell phone tower. One of the officers made a statement. They say, "Well, Leroy, it's about 30 or 40 of y'all out here, and about 10 people got cell phones. How y'all demonstrate against the cell phone tower and y'all got cell phones?" The people in Coral Gables got cell phones, but they ain't got no towers in they neighborhood. The people in Watson Islands got cell phones, but ain't got none in they neighborhood. The people downtown, Brickell Avenue, they got cell phones, but I bet you they ain't got none in they neighborhood. Do the City benefit from these cell phone towers? And if they do, don't we need to know, or shouldn't the residents know if the City benefiting financially for these cell phone towers? And I'm going to close with this, Commissioner, because I know I've been a little long- winded, but I'm going to tell you. When I pick issues, I try to be as responsible as I can, because it means something to me. And this means a lot to me. It ain't nothing in the world like having somebody come into your house and do what they want to do, and you can't do nothing about it. That's the saddest thing in the world. I don't want to be put in a position like that, and I know you all don't want to be put in a position like that. So if you don't, don't let it happen to us. You supposed to serve and protect us, not let anybody come and do whatever they want to do to us, and it's all right, just for a dollar. Thank you. And I ain't trying to be disrespectful, but it's --this is -- this a hurting thing, you know. And imagine how we have to deal with it. And look where they at. Spread them out equally. If you're going to put them in our neighborhood, put them in everybody else neighborhood, and then we won't be up here complaining about it. I had to create this map. The City don't even have a map. Well, they told me they don't have a map to show me where all those cell phone towers is. I'm asking you to instruct the City to bring a map, so that you can see that I ain't made this up. Thank you. Chairman Regalado: You're welcome. Commissioner. Yes, sir. Your name and address. Brian Dennis: Brian Dennis, address 4055. I'm the president of Brothers of the Same Mind. I think one of the saddest points -- and I'm going to take this from the movie, "The Distinguished Gentleman. When that little girl in that movie with Eddie Murphy -- she was a white little girl. When she went to see her congresswoman -- her congressman, they had no idea, when they snatched her hat off, that she was balled and that her mother 193 May 23, 2002 was speaking about radiation from power lines. Now, we understand also that there has not been a health study done on this. But the problem is, in this community, it seems like the black community is continuously disrespected. When big business come in, big business does whatever it wants to do, no regards to the community or the business owners in that community. I think one of the saddest things I heard last night in our meeting was that the property owner of the nursery was afraid that he's going to go out of business, because he has a job that supplements the income of that daycare that pretty much keeps it thriving. The majority of the business owners on that street didn't even know it was there. You have residents, who ride down 17th Avenue every day, didn't even know it was there. The students at Charles Drew, when I went out there to pass out those numbers, were pretty upset about that. And when you look at parents taking away those children out that nursery, what you getting ready to do is make more people unemployed. Now, the reason why I'm bringing this up, because the City can't hire nobody when you just got rid of Work Force and that position -- and that department was supposed to be able to build jobs and bring jobs inside this community. That's the saddest thing that I ever seen. I remember a few years ago, they had this big old thing about they had to get John Doe. John Doe still out there in the form of corporate America. These are the real criminals. The real criminals are the ones that decide that they going to put up something, and then decide they going to put up a big gate around it, because they don't know what's going to happen. Well, if you fear the safety of that tower like you would fear the safety of the another human being, you would have made it known publicly. This is not what's happening. I understand that when something goes on in the district, that that Commissioner should be -- it should be known -- notified about it. But that's not the case. And if this is not the case, then what policy does it have, the way they took it out of this Commissioner's hand and put it into the Department of Building and Zoning? I heard former Commissioner Gort say the same thing that Commissioner Gonzalez say about the cell phone tower in Allapattah. Allapattah is comprised by majority of low Hispanics, low Bahamians, Haitians. Pretty much Wynwood is Allapattah. That is -- you could not get more diverse as far as a group of people when you decide to talk about Wynwood. But when you look at Allapattah, and you look at Liberty City or Model City, those are two of the most poorest neighborhoods located within the City of Miami. That's a sad point. And it is not to disrespect anybody, but I look at it like this here: You said you didn't know nothing about it, and you made a comment to the Herald. You should have been out there with us fighting it, because we been out there every day on that front line. I pull no punches. For the City of Miami to allow this to go on -- and it's numerous ones down 54th Street, right across from the Miami Times. They're all -- they're located thoroughly. Nowhere else. You can't ride to North Miami Beach, in them two, three hundred thousand dollar ($300,000) areas where those homes at. You can't ride to Aventura, Williams Island. You definitely can't go on Palm or Scott Island with them. So what makes the black area, the black community so important that we could stick cell phone towers in here? And what makes Aventura or any other area less important that you won't put one there? As Mr. Jones was saying about the cell phones, again, North Miami, Aventura, big business, big business. High- rise, property owners, CEOs (Chief Executive Officer) of company and different people like that, they tote cell phones all the time. Got two-way pagers and all. But yet and still, our community is a community that feels the brunt of this foolishness that goes on. This 194 May 23, 2002 got to stop. It has to stop. You know what I'm saying? In my opinion, that cell phone tower needs to come down because of the way it was constructed and the way that it was dealt. It was dealt unfairly, and it was dealt with due prejudice to me. Because the prejudice was saying, "Look, we don't like them people, or we don't care about them people. So we going pretty much do what we want to do." The saddest thing about this, before I close, and I'm going to bring this to your attention. I got to take my hat off to that NET Office and Karen Cooper, because the company that was doing the digging of that cell phone tower took all of the paperwork where the property was being fined, who owned it, they took it all off the billboard, then refused to allow her to look at any site plans, any site plans. They refused this. Officer Passmore, the same one that the Chief honored, had to make them call the office. The saddest thing in the world is when you put a man out there as a foreman and then he says, "I've got to call back to my secretary," and his secretary tell him, "Don't let them see the plans, you ain't the boss." You ain't the boss. So that means that when you put -- you in a black -- I'm going to tell you what the whole situation was. They put a black foreman in a black area, to pretty much deal with black people. That's what it was. And the sad thing about it, he was talking to a white secretary, whose -- the CEO was a white male. That's sad when the NET Office does not know about it. That's sad when the NET Office could go round and find properties and do anything that needs to be done to bring the City into compliance, and bring it into Code but, yet and still, when big business comes in, it's completely disregarded. That's the saddest thing that you could ever want to see or you could ever want to hear. If the NET Office wasn't doing they job, heads would roll. But now, they're doing their job, and the job has been done. We don't see no accolades. We don't see nobody coming around. We don't see none of this stuff. And that's a sad thing. When you look across at those businesses and at that nursery, and you see that those workers that keep those children about to become unemployed, because the parents are concerned that a cell phone tower could do damage to their kids' future. Thank you. Chairman Regalado: Thank you, sir. Mary Collins: My name is Mary Collins. I live at 6100 Northwest 20th Avenue. I'm also one of the presidents to Charles Drew PTA (Parent/Teacher Association). I work with the middle school PTA. I'm president of the Homeowners Association in my area. And although I am two steps beyond the City limit, I am right there, because it really affects our homes, also, and our children. I was here this morning with some of the representatives from Charles Drew School, concerned parents also, who could not come back this afternoon. So I want to play a dual role in speaking for the ones that could not come back, and also the Homeowners Association and the two schools. We also have another nursery, Martin Luther King, on 62nd, who is also in the area. So that's two daycares right there. I realize that a lot has been said and that all of it is very relevant to what is going on. The only thing I want to add is that we have tried to improve the community with -- where we live and in the surrounding areas. They have brought in the children to do clean-ups. And this tower is sitting directly on 17th Avenue. It is not hidden in the bushes, or the trees or whatever. When you go down 17th, it's the main thorough way. 17th, 22nd, 27th, those are main roads. 62"d, 54th. It's right there. The people that can sit on their porch in the apartment, they are looking at the tower as close 195 May 23, 2002 from me to you. That's awful. Also, another concern is that, personally, myself, I went out and I fought to get a patrol to watch over the children, to and from school. This is only a few steps from the sidewalk. And I'm thinking of the children now, because children are curious. Going to and from school, or even playing in the community, they're going to want to know what this thing is all about. It is very unprotected. If they put the barbed wire fence there, they're going to get hurt. If you don't put it there, they're going to have access to it. So it's really in a bad place. Now, I know we have -- one of my neighbors and I fought very hard with it. Someone came by and broke some of the branches off of the tree on the side of the road where we live and just left them there. Well, at the time, the lady was very ill and eventually passed. But her house was cited. And I really fought to try to get them to take that back, and they didn't. They put a lien on that property for her daughter, which is still there now, just for branches on the side of the road but, yet, those was branches. We've got a hundred -foot tower standing there, a very eyesore. I mean, how bad could that be for a citation? I mean, we just got branches there, we get cited. But, yet, we have to set, there or stand there or wonder how safe our children are going to be passing this thing every day, because I didn't even know it was going up until I passed it. And I'm going, what is all this stuff laying on the side of the road? And I saw the organization over there, protesting it. And I turned around. I had my daughter to turn around. I'm saying, what's going on? What are they doing? And then the next question, to me, was, "Why I didn't get a notice about this?" So then I started following up with the school. First, the PTA (Parent Teacher Association). No. The principals. No. Then I went to the middle school. No. And I'm saying, well, if they do anything else -- When the daycare wanted to put up a fence, they say was a little higher than regulation. We got notices. Whenever the church wanted to do something, we got notices. But why we couldn't get a notice that something that I feel would be a health hazard to our children? And in the long run, that's what it's going to be. So I really feel that we were dealt unjustly because, even if they were going to do that, we should have been given the opportunity to voice our opinion, whether it was accepted or not. But we were not even considered, as being homeowners in that community. Thank you. Mr. Haynes: I should be brief. Just two things. I had the pleasure of serving on the Charter Committee. Matter of fact, I had the pleasure, due to -- by the appointment of Commissioner Teele, in serving on the Charter, and with Commissioner Gort first time around and, of course, Vice Chairman Winton the second time around. And what I would just like to reference as a result of that is, Commissioner -- former Commissioner Plummer, while we were around, on the first time around, came before the committee and he made reference to the need for the Code also being updated. And so my question would be, just based upon what we have heard, just sitting here prior to the item coming up before our item came up, as a result of the telecommunication tower, I'd just like to ask if -- what we have heard here is not some of the reasons why the Code need to be updated. And I'd like to ask if it's going to be updated any time in the near future that these matters could better be addressed? And, also, I'd like to add to that, that we have police officers, we have NET officers, who are actually complaining that they can't really do the job we're asking them to do, because of the Code. They're saying, themselves, that the Code is seriously antiquated and in order for the City to be upgraded, and like I've 196 May 23, 2002 heard again Commissioner Sanchez say on numerous occasions, what the plans are, and his concern about Miami being the poorest city in the nation. And our concerns are likewise, with his. And so would not, if the Code was updated, that it would be better for you, our leaders, and you would have less of us coming down here complaining to you about these kinds of problems? And I'd just like to ask, for the benefit of the citizens that are here, can we expect the Code to be updated so it can adequately address these kinds of problems? Is that appropriate? Commissioner Sanchez: It's appropriate. Chairman Regalado: It is appropriate. It is the right question to ask. Commissioner Teele, you want to respond to that? (INAUDIBLE) Haneef Hamidullah: My name is Haneef Hamidullah. Commissioner Sanchez: Mr. Chairman, Mr. Chairman -- before you do, let me just — there is no disrespect. You know, we've been here since 9 o'clock. So every now and then, we have to break and go into our office. We do have TVs. So I have been hearing all the arguments that have been made. I know that since you've been here, I have broken away from the dais, but I had to go to the bathroom, and get something to drink, get something to eat. So I'm back now. Haneef Hamidullah: I just want to add a little short -- less than 10 words. My name is Haneef Hamidullah, 1939 Northwest 81st Street. My greatest concern, after hearing everything, I just want to add to the fact that I'd like for this Commission to focus on a moratorium, and I'd also like for this Commission to focus on the zoning laws. I mean, this is the sticking point, is the zoning laws, because the zoning laws have a double standard. If we could correct the zoning laws in the area. Like Ms. Range said, that, in our area you can put a -- I don't want to paraphrase, but I will. You can actually put a bar; you can put a school, a church, a disco, all in one package, right in our community. It's time that we need to, right now, while it's before this Commission, is correct this issue right now, and by looking at the zoning, because new construction -- and everybody agree that new construction, you have to have the community involvement and everybody. So this is a new construction. The billboard was never moved. It's sitting there. The City ignored it. They allowed them to continue to build the tower. You understand? And knowing that May the 10th -- tomorrow is the deadline because it's up to the 2e --they've got to come back before you. And they can pay it off. We understand the same thing. We look at Miami Beach, when the Germans tore down the houses and give Miami Beach the bird. And we saying that these people out of Seattle, Washington is doing the same thing to the City of Miami. So therefore, we're asking the City of Miami to enforce the laws. And the only way you going to do that is by updating the laws that's not on the books. And everybody is holding their hands saying that we can't do nothing because it went-- and they're saying it in the paper. "We went by the laws of the government. So, the hell with the people," basically, what they said in the 197 May 23, 2002 paper. So I'm saying to this Commission today, let's look at our zoning laws, the Building Department. I think we need to look at the Building Department, how we give out permits to people that's building. It amazed me when I looked at the board that Brian Dennis was talking about, before they taking them down, and seen that they was in violation prior to May the 10th. They had till May the 10th to take them down, that billboard. And that billboard is still there and nobody's mentioning that in this government. So I wonder how we can have a department called Building and Zoning, and allow this to go on when, somebody can receive them there? I want to thank you for the time. Mr. Haynes: Mr. Chairman, I didn't quite finish with -- you know, getting an answer. And also with the -- all of the effort and all of the labor, our Commissioner, Commissioner Teele, and our City Manager, Mr. Gimenez, has put -- and the redevelopment plan for all of the districts. And I know Commissioner Teele, that's one of his pet projects, in terms of updating that home ownership zone in there. And if this tower is allowed to stay up, how -- I'd like you to respond to this, Commissioner. How is this going to negatively impact that area where all of your effort is going for the homes in that area, home ownership zone? And not to mention, you have made reference to this being a business corridor. This seems to be in direct opposition to everything that we have heard from you, Mr. City Manager, and from you, Mr. -- our Commissioner, in terms of the plans that are currently are in development. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Go ahead. Commissioner Teele: Thank you, Mr. Chairman. And to you, Mr. Herschel — Mr. Haynes and to all of the citizens, and Ms. Range -- Commissioner Range. Let me be the first person to say how embarrassed I am to be a Commissioner, your Commissioner, at this precise moment, as I have been now for the last two or three weeks, as this issue has unfolded. Our current -- and I guess Leroy may have said it best and most correctly. This City has operated for many, many years, in my opinion -- and I may be wrong, but it's my opinion -- with a dual system and standard, particularly in land use areas, and it is so pandemic, it is so broad that it's almost unbelievable that, in the year 2002 that a City would be this far behind in terms of equality under the law. You've made the point, and I don't accept, nor do I reject the dots that have been reflected by Mr. Jones' hard work. I think the point that Mr. Jones makes -- and at the appropriate time, Leroy, I'll make the motion to request that the Manager, in conjunction with the Clerk and with the Technology Department create some maps, make them available to the public that show everything that you're showing, in the color codes you're using, of citywide, all of the towers, and the proximity to schools and the other issues that you have done, because I think what you have done is fine, but I don't think it reflects the total picture. I know it doesn't reflect, but that's no disrespect to you. That reflects, I think, a fairly good picture of what the Model City area looks like. But I don't know that in the Grove or in the -- Chairman Regalado: I know of two in my district that they are not there. The exact 198 May 23, 2002 address is 27th Avenue and Southwest 1st Street, and -- Commissioner Teele: But the point that Mr. Jones is making is that the City should have, through our Technology Office, a list of these locations, just like we've charted out locations of homeless facilities and other kinds of resources that we have. And I think what you're asking for, Mr. Jones, is fair. I would also say this. High buildings -- I'm talking now about 12, 20, 40, 50 -story buildings -- have a lot of things on top of them that you can't see. And one of the problems with areas that are not as -- areas that are lower income is, you don't have high-rises, so to speak. And I think you're going to be a little bit surprised to realize that virtually every building on Brickell, for example, is going to have towers on top of them, these very same cellular towers on top of them. But let's let the record be what it is. But I think you've made an excellent point of asking us. But let me go back to this. What is impossible for the public and the people here to understand is, if someone has a fence that is a foot too high, how the weight of almost -- it seems like God Almighty comes down on you, and you've got NET people, and Zoning people, and you've got citations, and you've got this, and how something like this that's -- how many feet high is this? Mr. Gimenez: 98. Commissioner Teele: That's 100 -- 98 -- 100 feet high can just get away. And what it really involves, in my judgment, is, you're right; there are two sets of rules. There is no question that the corporations came in and set this scenario up, so that there's no notice. Now, I want to be very candid with you. The federal government -- Mr. Attorney, correct me if I'm wrong -- has pretty much pre-empted cities and counties from prohibiting, without a rational basis, the construction of these towers. There's a Federal law that says we don't have the authority to prohibit them; is that correct, Mr. Attorney? Alejandro Vilarello (City Attorney): Yes. Yes, Commissioner. And there's one more issue that is -- there's a -- You do maintain your zoning regulations if it's properly established. There's one issue, though, that you cannot use as a consideration in the approval or denial of these applications, and that is the environmental effects of the radio frequency emissions. And I know that that's a big issue with the public. However, the Federal law prohibits this City Commission from making decisions based on that evidence. Commissioner Teele: Or the County Commission. And it goes -- it just makes the point that Mr. Jones is making -- how far the corporate structure has gone to do what -- to have the right to do what it is they want to do. Vice Chairman Winton: Just like the billboard people. Commissioner Teele: Just like the billboard people. And that was the point I wanted to get back to. This City has allowed the private sector -- powerful interest is in the private sector in certain areas when it relates to land use -- to create a two-tier system. There is no reason in God's green acre why there is a notice, public notice required, and a permit 199 May 23, 2002 that has to be pulled the same way all of the things that you are talking about has to be done. And Mr. Attorney, Mr. Manager, is there any reason why we cannot require public notice of towers before they are just able to just go into and see a Building Administrator or an administrator that hasn't -- doesn't have to face the public, doesn't have to deal with this, and they just issue this? The NET Office doesn't know about it, and Karen Cooper, I think everybody knows, is doing an outstanding job. Mr. Haynes: Outstanding job. Commissioner Teele: And if it hasn't been said before, at least so that you can hear it, I'll say it again. Karen Cooper is one of the finest NET Officers that I have met in the City of Miami, and had the pleasure of working with. Mr. Haynes: Absolutely. Commissioner Teele: And she does a very good job with very limited resources, with very, very difficult circumstances. And she's got roughly 50 percent of all of the citizens of the entire district that I'm pleased to represent. And I've got three other NET Offices that I interface with -- Overtown, Allapattah, and Little Haiti. So -- and she's got 50 percent with less resources, quite candidly, than she should have. But I appreciate, and I'm sure the Manager appreciates, and I'm sure the whole NET staff appreciates hearing the public say a good thing about her. But the question reoccurs, Karen Cooper didn't know, or the NET Office didn't know about this, I didn't know about it, the Manager didn't know about it, because it is delegated down to a level that we should correct, and that's the point that everybody's making. Mr. Haynes, you're making it. We must change the authority on issuing these without notice, and we must require a public hearing, at least at some level, so that the public has a right to come in and do it. Otherwise, you're going to have these sleight of hands all around and it's going to be targeted, as they've indicated, in the areas that don't have lobbyists to come down here every day and keep watch over this. So I would ask two things: Can we, Mr. Attorney, can we impose -- the word, "moratorium" has been used. The word, "moratorium" has a lot of legal implications. But in effect, can we stop or delay for 45 days the issuance and construction of these facilities, until we do what they're asking that we do, and that is review our rules and our statutes, our codes, Mr. Attorney? Commissioner Sanchez: Great idea. Mr. Vilarello: Yes, Commissioner. You can accomplish that. It's a referral to the professional staff to determine the appropriate zoning issues, such as location, height, and appearance. And to answer your first question, typically, a public hearing is a reasonable requirement in terms of that kind of regulation. However, I'd defer to the professional staff to determine whether or not what the appropriate regulation of these towers are. Commissioner Teele: Then the language that would say: Whereas the proliferation of wireless service facilities, locations, appearance, and height of towers pose significant governmental concerns, necessitating immediate attention; and whereas this Commission 200 May 23, 2002 finds that it is in the best interest of the public to direct the City Manager, the Planning and Zoning, and other experts in the City to develop and bring back to the Commission a comprehensive regulatory scheme -- Herschel, I think that's what you're asking for -- for the acceptance, processing, placement, and construction, and modification of these wireless service facilities; and where as a temporary 45 -day delay on all new or pending applications, acceptance process, placement, and construction of modification of these wireless service facilities will be allowed in order -- to allow for an orderly remedial effort -- remedial effort -- and requisite study, and going forth, requesting the moratorium using the term 45 delay. Is that an acceptable language to you, Mr. Manager and Mr. Attorney, that we could impose at this time? Mr. Gimenez: Yes, sir. Vice Chairman Winton: Second the motion. Commissioner Teele: Then I would so move and ask that the Attorney be instructed to read it into the record, and then discuss it and debate it at this time. Chairman Regalado: There is a motion for an ordinance and a second. That would be first reading. Commissioner Sanchez: First reading. Chairman Regalado: Mr. City Attorney, read the ordinance. Roll call. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: Now, this only stops -- Chairman Regalado: Forty-five days. Commissioner Teele: And it stops, and it also provides for us to try to go in and get some remedial action. Now, I don't know what kind of remedial action we can get, but I'm going to ask the Attorney, if this passes, to move forward immediately. What this does not do is, it doesn't deal with the underlying issue of the notice and the public hearings and those things. And I'm assuming that, if this passes at the next Commission meeting, on the 13th, we will have at least a provision that imposes a notice provision, and I would hope that that could be done on an emergency basis, if it can be, but I would like to do it on an emergency basis, if it can be, to provide for a notice, just like if you're going to build a pool hall or a bar. Commissioner Sanchez: 500 feet. Vice Chairman Winton: Commissioner Teele, if I put an awning on my building, I have 201 May 23, 2002 to get a class two permit, then go through all kinds of notice provision. That's an awning. I mean. So. Commissioner Teele: See, I just don't get it. And the other thing I don't get is, why is it we allow people to put barbed wire in our neighborhoods? I mean -- Commissioner Sanchez: That's not allowed. Well, that's not allowed. Mr. Gimenez: We denied that application. Commissioner Teele: But I'm just saying, why is that a permitted -- is that permitted anywhere, without exception? Commissioner Sanchez: Barbed wires? Commissioner Teele: Barbed wire. Commissioner Sanchez: No, it's not. Vice Chairman Winton: I thought it was illegal. Razor wire, in particular. Juan Gonzalez: Juan Gonzalez, Planning and Zoning. We allow in commercial areas barbed wire, by class one special permit. Commissioner Teele: What does that mean? Mr. Gonzalez: It's a special review permit that's sent to the NET Office and -- Commissioner Teele: Does it have notice? Mr. Gonzalez: It has notice. Vice Chairman Winton: Where? Commissioner Teele: The same as a liquor license? Mr. Gonzalez: It has notice to the NET Offices. Commissioner Teele: No, no, no. Mr. Gonzalez: And it's a -- Commissioner Teele: Hold it. Hold it. Does it have public notice, to the public? Mr. Gonzalez: No, no public notice. 202 May 23, 2002 Commissioner Teele: Well, see, that's what I'm saying. You know, it's a whole regulatory scheme here that we've got to just really get into. I don't think anybody should be putting up barbed wire without at least getting the same kind of notice if you're going to put up an awning. Vice Chairman Winton: Yeah. Commissioner Teele: I mean, it's just set up for businesses. That's the only people who want to put up -- somebody who wants to keep people out, and they want to do it without regard to the public health and safety, but it's for their convenience or whatever. So I would ask that we would come back with a regulatory scheme regarding things such as barbed wire, towers, billboards, and all these other kind of things. And I don't even want to get into billboards, because we've just allowed the billboard industry for the last 10 years. There's one point, though, that, Mr. Jones, you raised that needs to be answered, because it's a pregnant question. Does the City, Mr. Manager, get any benefit? Because there seems to be some undercurrent that there is some benefit to the City. And I think we need to put that on the record. Does the City receive any benefit from these towers? Mr. Gimenez: No. The ones that are on private property, no. Chairman Regalado: Only -- only -- Commissioner Teele: Is there a theory, or is there somebody thinking that the City gets revenue from this? Mr. Jones: That's what people think. That's what I'm saying. Mr. Gimenez: No. I think what they're confusing is that there are some cell sites that are in City buildings, like there are cell sites in tall buildings. There is a — there's a lease for that and, yeah, they do. But on private property like this, the City doesn't get anything out of it. Commissioner Teele: Taxing? Mr. Jones: Yes, they fixing to start taxing, so the City will -- if they ain't benefiting now Commissioner Sanchez: The only ones that benefited are the property owners. Commissioner Teele: Are the property owners. Mr. Haynes: But, then, should not that be incorporated in the updating of the Code as a controlling mechanism? Commissioner Sanchez: Mr. Haynes? 203 May 23, 2002 Mr. Haynes: Yes, sir. Commissioner Sanchez: This is a step in the right direction. This is a step in the proper direction. Chairman Regalado: OK. Mr. Gimenez: We will look at that. However, a lot of these issues, telecommunication issues, are governed by FCC (Federal Communications Commission) standards and FCC laws, and sometimes we're -- we kind of tie our hands on what we can and what we cannot do. Commissioner Teele: They went to Washington and wrote the law. But we need to put on the record. Whose tower is this? Because I think one of the issues -- Vice Chairman Winton: Right, whose tower is it? Commissioner Teele: I think one of the issues here is that we just sort of have talked around who the bad guy is, or who's really disrespecting the community. Commissioner Sanchez: We haven't put our finger on him. Vice Chairman Winton: Yeah. Who is it? Commissioner Teele: He lives in Washington. Seattle, Washington. Chairman Regalado: Do you know -- you guys know how much money all these companies spend in advertising and public relations? And bad press, nobody needs. Vice Chairman Winton: So, let's make sure that gets on the public record. Mr. Gimenez: Well, the best information we have is that Verizon owns the tower. That's the best information I have right now. Vice Chairman Winton: Verizon. Commissioner Teele: So, they don't pull the application? Vice Chairman Winton: Verizon. Verizon. Commissioner Teele: The tower company -- who pulls the permit on this? Commissioner Sanchez: Whoever pulls the permits -- Commissioner Teele: Who requests -- 204 May 23, 2002 Commissioner Sanchez: -- you'll have the name there, which company. Hector Lima (Director, Building): Hector Lima. No, I don't have the name here, but it will be a contractor. It would not be -- Commissioner Gonzalez: The company. Mr. Lima: -- the company, itself, yes Commissioner Teele: Well, that's another thing we need. We need to make sure that we enforce the requirement of the disclosure of every user of the tower. Mr. Haynes: Absolutely. Mr. Gimenez: Sometimes you'll get, though -- Mr. Haynes: And that the City could get revenue. Mr. Gimenez: Sometimes you'll find, sir, is that a tower is built by a company, and then leases the tower space -- Vice Chairman Winton: And leases to a multiple user. So it may not -- Mr. Gimenez: -- to multiple cellulars. Vice Chairman Winton: Right. Unidentified Speaker: Should be revenues for the City. Commissioner Teele: Not for us. Vice Chairman Winton: Not on private land. Mr. Gimenez: But we wish it would be revenue, but it's not revenue. Vice Chairman Winton: Not on private land. Chairman Regalado: OK. Roll call. Michelle Wilson: Excuse me. My name is Michelle Wilson. My address is -- Chairman Regalado: Excuse me. Ms. Wilson: I'm sorry. Chairman Regalado: You have anything to say or -- 205 May 23, 2002 Ms. Wilson: Yes, sir, I do. Chairman Regalado: Go ahead. Ms. Wilson: Concerning this tower. Again, my address is 6100 Northwest 20th Avenue. I have two children present here. One attends Charles Drew Elementary. The other attends Charles Drew Middle. My question is this: As I passed by the Cell phone tower this morning, I noticed the construction of this wall or gate, so to speak, that they are about to put around this, and this is going to be of substantial height. My question is, since this is on a main thoroughfare where people are walking, children are on their way to school, employees are taking the bus or public transportation, what type of safety issues are we going to have right now that's going to say that someone will not be attacked behind this wall? It is not visible from the street, if you look on the other side. Who's going to patrol this area to say, if we walk by this tower, we are going to be safe and not attacked; that these kids are walking to school and some sexual predator is not going to grab them, pull them behind this wall and attack them? And my second question is this: Since this tower is on private property, and these people are going to benefit monthly from the income of this tower, why do we not have some rules or some regulations, since we have no say so of this tower being in our community, why cannot some of that funding profit our community to help with the schools, and to help with the improvement of our area? Thank you. Chairman Regalado: Ma'am, I will tell you that the City has now just done what we could do. But one of the gentlemen referred to the Eddie Murphy movie, "The Distinguished Gentleman." And that's precisely what you should do. FCC is a federal entity, which has five members in their board, and FCC is the only, only entity that regulates telecommunications in the United States. Commissioner Teele: The pre-emption is through Congress, though. Chairman Regalado: Exactly. But it goes through Congress. And all these health issues we can address to the members of Congress that represents us -- Congresswoman Carrie Meek, Ileana Ros-Lehtinen, Lincoln Diaz-Balart, Senators Nelson and Graham. So, you know, it's important to just lobby Congress. Commissioner Sanchez: Mr. Chairman, Chairman Regalado: Yes, sir. Mr. Jones: Commissioner, Commissioner, please. Commissioner Sanchez: Could we call the roll? Come on. Mr. Jones: Commissioner, I just want to say one thing. 206 May 23, 2002 Chairman Regalado: I don't -- Commissioner Sanchez: Leroy, we're ready to vote on the issue. Mr. Jones: It's very important. Please, Commissioner. Chairman Regalado: Leroy, is this for this purpose -- one second. Is this for the same purpose or this us -- Commissioner Teele: No, sir. Chairman Regalado: Oh. Unidentified Speaker: It's an emergency. Nobody's addressed this issue. We all just got put out of hour house. We have no electricity, we have no water. We have no place to go. And they just came and put us out. Chairman Regalado: OK. OK. Let's do that right now. Just hold on. We're going to vote on this ordinance. Commissioner Teele: But, hold it. Before anybody starts coming down like this. Why don't we get a room, let the Manager respond to this intelligently. This is -- and then you'll be able to come out and say what you'd like to say. But let's don't ambush the Manager, and let's try to work through the process. Unidentified Speaker: Red Cross said it's not an emergency. No one has come. There's no lights. Unidentified Speaker: We have children, nowhere to go. Commissioner Teele: What's the address? Unidentified Speaker: 3410 Hibiscus in -- Unidentified Speaker: 3420 Hibiscus. Commissioner Teele: That's in the Grove? Unidentified Speaker: Yes. Right there on Grand and Hibiscus. Unidentified Speaker: They just came and took -- Unidentified Speaker: They just cut everything off. We have nothing. Unidentified Speaker: Nobody ain't know nothing. 207 May 23, 2002 Chairman Regalado: OK, OK, OK. Why don't you go and meet, and you come back, and you're going to have time to address the members of the Commission. Unidentified Speaker: Sir, in the meantime, there's tons of kids in there that -- Chairman Regalado: Five minutes. Five minutes. Five minutes, so you can talk to the Manager, and he'll come back. Vice Chairman Winton: Well, even it's -- he's going to -- the Manager's going to get somebody to go back there and talk to them right now. Chairman Regalado: He's coming. Commissioner Teele: You know, the thing that we're going to do is, we're going to ask the Manager to meet with you. Well, we're trying to -- Vice Chairman Winton: Right. So he's going to go meet with you right now, right this minute. Chairman Regalado: OK. Roll call on this ordinance. 208 May 23, 2002 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION IMPOSING A TEMPORARY FORTY-FIVE DAY DELAY IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES FOR THE SPECIFIC PURPOSE OF REVIEWING ARTICLES 4 AND 6 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Vice Chairman Winton, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None. ABSENT: None. Commissioner Teele: Mr. Manager -- Mr. Chairman, I would move that the Manager be requested to furnish -- to prepare a computer-assisted map of the City, showing cell towers, using the same color designation as depicted in Mr. Jones' very hard work, including public housing, school, and apartment buildings, using the same color code, and that that information be made available through the NET Office and distributed prior to the next Commission meeting. I would so move. Vice Chairman Winton: Second. Chairman Regalado: OK. Thank you. Thank you. OK. PZ -- Commissioner Teele: Call the question. Commissioner Sanchez: Call the question. Chairman Regalado: Oh. We have a motion and a second. All in favor, say "aye." 209 May 23, 2002 The Commission (Collectively): "Aye." Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-593 A MOTION DIRECTING THE CITY MANAGER TO PREPARE A COMPUTER ASSISTED MAP OF THE CITY SHOWING CELL TOWERS, PUBLIC HOUSING, APARTMENT BUILDINGS AND SCHOOLS, USING THE SAME COLOR DESIGNATION AS DEPICTED IN MAP PRESENTED TODAY BY MR. LEROY JONES; FURTHER DIRECTING THE MANAGER TO MAKE SAID MAPS AVAILABLE THROUGH THE NET OFFICES AND DISTRIBUTE SAME PRIOR TO THE NEXT CITY COMMISSION MEETING. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny Winton Chairman Tomas Regalado NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, and finally -- Chairman Regalado: Commissioner Teele. Oh, OK. Commissioner Teele: To those people that live on 20th Street -- 20th Avenue, which is one block, I'm very hopeful that Chairman Regalado is going to be looking at a committee to annex land into the City, and one of the things we want to do is maintain the same demographic balances we have now among Hispanics, whites, blacks, but my prime goal and hope is to see Commissioner Regalado lead a process that will allow you to be a member of the city and to be here, but you're certainly welcomed to come back. We enjoy hearing from you. Vice Chairman Winton: Here, here. 210 May 23, 2002 Chairman Regalado: And you will get more trash pick-ups than you do now. Commissioner Sanchez: Absolutely. And better service. Vice Chairman Winton: And, hopefully, fewer cell towers. Chairman Regalado: Commissioner Teele, just don't -- OK. Unidentified Speaker: (INAUDIBLE). Vice Chairman Winton: (UNINTELLIGIBLE). 45. APPROVE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 612, SD -12 SPECIAL BUFFER OVERLAY DISTRICTS, TO ALLOW SURFACE PARKING ON AN SD -12 OVERLAY AT 1305 NW 7TH COURT. Chairman Regalado: PZ -1, we -- Commissioner Winton and Commissioner Teele, we deferred some of the PZ (Planning & Zoning) items because you weren't here. PZ -1 is in Commissioner Teele's district, 1305 Northwest 7th Court. 1305 is AT&T Broadband. AT&T. We had a hearing last night. Priscilla A. Thompson (City Clerk): Yes, sir. Chairman Regalado: It went well. What did they want? I don't know. Ms. Thompson: Which one is that? I'm sorry, sir. Lourdes Slazyk (Director, Planning & Zoning): PZ -1 is a special exception in order to allow surface parking on an SD -12 overlay. The Department is recommending approval, with conditions. It was recommended for approval to the City Commission by the Zoning Board. The condition that we're requesting is that a Unity of Title for the parking lots separate from the principal structure must be submitted for review and approval by the Law Department before the issuance of any building permit. The reason for that is because this is SD -12 where the parking is supposed to serve the commercial use adjacent. The Unity of Title will tie them together. Commissioner Teele: Your name for the record. Lillian Ser: Lillian Ser, with the law offices of Shultz and Bowen, located at -- Commissioner Teele: So moved, Mr. Chairman. Commissioner Sanchez: Second. Chairman Regalado: It's -- 211 May 23, 2002 Vice Chairman Winton: Discussion. Chairman Regalado: Yes, sir. Commissioner Teele: Discussion. Mr. Chairman, this area is the Highland Parks area where we just completed the -- Chairman Regalado: Oh, this is (UNINTELLIGIBLE)? Commissioner Teele: -- (UNINTELLIGIBLE), and they are greatly improving the area. I know that there's been some concern back and forth among the neighborhoods, but I can tell you that the area's much improved. This is the surface parking lot and they've created an alleyway. They've done the fencing and so I just hope that this is something that we can move forward with. Vice Chairman Winton: Well, actually, that was my very question. I'm just looking at this aerial and I wanted to make sure part of the condition was that they appropriately fence; that they do a great job landscaping so that this facility can be an integral part of an improved neighborhood, not a -- you know, the historical junk. Commissioner Teele: But you know what? It goes right back to this two sets of laws that we have here. Right across the street, directly across the street -- Chairman Regalado: Is a County -- Commissioner Teele: -- is the Woman's Detention Center of the County. It is the most disorganized; it is the most blighted area in the entire area down there. It is a horrible parking mess, debris mess and, yet, you know, we hold these people accountable and the County goes by with all of their so-called tens of millions of dollars for empowerment zones for this, and they just blight up the neighborhood. Vice Chairman Winton: Which we -- which it's our -- which you and I need to get on that bandwagon together and start working on it, because it's many County facilities in our city where the same issue exists. So, sorry we have to pick on you first to make you guys do a really good job with your property, but we've got to start somewhere. Ms. Ser: Our pleasure. Chairman Regalado: OK. You don't need to say anything. All in favor. Commissioner Teele: What did you say? Chairman Regalado: Is it a -- 212 May 23, 2002 Joel Maxwell (Deputy City Attorney): Commissioner, you said you were in favor, but you didn't say whether you were approving or denying. Commissioner Teele: I'm moving it with the conditions as stated by the Director. Commissioner Sanchez: Second. Chairman Regalado: OK. There is a motion to approve with conditions, as stated, and a second. All in favor, say "aye." The Commission (Collectively): Aye. 213 May 23, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-594 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AFFIRMING THE RECOMMENDATIN OF THE ZONING BOARD, THEREBY GRANTING A SPECAIL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, SD -12 SPECIAL BUFFER OVERLAY DISTRICTS, TO ALLOW SURFACE PARKING ON AN SD -12 OVERLAY FOR THE PROPERTY LOCATED AT APPROXIMATELY 1305 NORTHWEST 7TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A" PURSUANT TO PLANS ON FILE AND SUBJECT TO A UNITY OF TITLE AND A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Thank you very much. Ms. Ser: Thank you. 214 May 23, 2002 46. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S COMPREHENSIVE NEIGHBORHOOD BY CHANGING LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "OFFICE" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" AT 5973, 5995, 6009, 6021 AND 6031 NE 5TH AVENUE, 5990 NE 5TH COURT AND 525, 557, 551, 592 NE 60TH STREET. Chairman Regalado: We have Commissioner Winton on your district Cushman's School. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4 and 5. Chairman Regalado: PZ (Planning & Zoning) -- Vice Chairman Winton: Second reading. So moved. Commissioner Sanchez: Second. Chairman Regalado: -- 4 and 5. It's been moved and second. It's a public hearing. Go ahead, sir. Cyril Saiphoo: Cyril Saiphoo, Consul Tech Engineering, 3141 Commerce Parkway. Chairman Regalado: Are you in favor or against or? Mr. Saiphoo: We're the applicant. Commissioner Sanchez: Well, thank you for coming. Chairman Regalado: Oh. Thank you. Mr. Saiphoo: Thank you. Chairman Regalado: Read the ordinance. Roll call. 215 May 23, 2002 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544 IS AMENDED TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEGLIGENT PLAN BY CHANGING THE LAND USE DESIGNATION. THE PROPERTY'S LOCATED AT APPROXIMATELY 5973, 5995, 6009, 6021 AND 6031 NE 5TH AVENUE, 5990 NE 5TH COURT AND 525, 557, 551, 592 NE 60TH STREET, MIAMI, FLORIDA FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AND OFFICE TO MAJOR INSTITIUTIONAL PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES, MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECT THE AGENCIES, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of April 25, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Vice Chairman Winton, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12233. The ordinance was read by title into the public record by the Deputy City Attorney. 47. SECOND READING ORDINANCE: CHANGE ZONING AS LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND O OFFICE WITH AN SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO G/I GOVERNMENT AND INSTITUTIONAL AT 5973, 5995, 6009, 6021 AND 6031 NE 5TH AVENUE, 5990 NE 5TH COURT AND 525, 557, 551, 592 NE 60TH STREET. Lourdes Slazyk (Assistant Director, Planning & Zoning): Five is a companion. 216 May 23, 2002 Chairman Regalado: PZ -5. Commissioner Sanchez: So move. Vice Chairman Winton: Yes. Second. Chairman Regalado: It's been moved and second. Read the ordinance. Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AMENDING PAGE NO. 14 OF ZONING ATLAS OF ORDINANCE NO. 11000, IS AMENDING THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ARTICLE IV, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM RS -3 MULTIFAMILY MEDIUM DENSITY TO RESIDENTIAL AND OFFICE WITH AN SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, A GI GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5973, 5995, 6009, 6021 AND 6031 NE 5TH AVENUE, 5990 NE 5TH COURT AND 525, 557, 551, 592 NE 60TH STREET, MIAMI, FLORIDA AS LEGALLLY DESCRIBED ON THE TAX EXHIBIT A, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 217 May 23, 2002 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 Vice Chairman Winton, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12234. The ordinance was read by title into the public record by the Deputy City Attorney. 48. FIRST READING ORDINANCE TO AMEND ORDINANCE 10544, FROM "SINGLE FAMILY RESIDENTIAL" TO "RECREATION" TO CHANGE THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE NEIGHBORHOOD PLAN. Chairman Regalado: PZ -7 and 8, as a companion, is in Commissioner Teele's district. Commissioner. Commissioner Teele: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. We have a public hearing. Anybody Commissioner Sanchez: Ma'am, are you in opposition of the project? Mariano Cruz: Just a point of information. Commissioner Sanchez: Are you in opposition, ma'am? Mr. Cruz: No, I don't have to be in opposition. It's a public hearing. Vice Chairman Winton: He's not talking to you. Commissioner Sanchez: OK. No, no. Mariano, Mariano, I'm talking to the lady behind you, who is in opposition. So, we have -- it's a public hearing. We've got to... 218 May 23, 2002 Mr. Cruz: Oh. Chairman Regalado: Go ahead. But he was first there. Just go ahead. Go ahead. Your name and -- this is a public hearing. Mr. Cruz: I'm just going to be short. Mariano Cruz, 1227 Northwest 26th Street. I noticed over the (unintelligible) bridge there, west of 7th Avenue, are they planning on the future now to put another (inaudible) fence on the bridge there, not to allow the people from Overtown to go into Spring Gardens since, according to what they did before, they are going to move now Camillus House right there by 7th Avenue. That's all I want to know. Because that's what they did now -- just before now. Chairman Regalado: OK. Go ahead, sir. Sir? Issac Perry: My name is Skeet Perry. I'm located at 600 Northwest North River Drive. I presume this is 7 and 8, is that correct? Chairman Regalado: This is 7 and 8, yes, sir. Mr. Perry: Yes. Chairman Regalado: Six one three Northwest 7th Street Road. Mr. Perry: Yes. This is a poster that indicates... Chairman Regalado: I would rather you have the portable mike, and then you can move around and, you know, and show the... Mr. Perry: Certainly. Not (inaudible) with you fellows. This is a poster of the Spring Gardens area. Commissioner Teele is quite familiar with this. I, myself, am a resident down here at 600, which is adjacent to the property. Commissioner Sanchez: Sir is that hand... Mr. Perry: I am... Commissioner Sanchez: Did you prepare that by hand? Mr. Perry: Certainly. Commissioner Sanchez: Did you prepare that by hand? Mr. Perry: Yes. Rebecca Long: That's a copy from a Spring Garden's district map. 219 May 23, 2002 Commissioner Sanchez: OK. No. I'm just very impressed. Mr. Perry: (Inaudible). A Kinko's effort.. Thank you. Moving right along here, I live adjacent to the property in question and, of course, I'm not really interested in having the world on my property line here. That is my principal issue. I've been there for some 20 years. Between this location here and this one here, we -- my wife and I have paid several hundred thousand dollars in R-3 taxes. So, we really don't want to see the zoning dealt with too much here, nor do any of the people on these purple properties. Commissioner Teele: Well, you know what I'd like to do. I'd like to defer this and get a resolution and advice from the Spring Garden's Homeowner's Association. And if you have -- have you been to any of their meetings on this item? Mr. Perry: Almost more than I could stand, yes, sir. Commissioner Teele: Have they voted on it yet? Mr. Perry: They've voted frequently on many things, sir. Commissioner Teele: Yeah, but I -- it was my understanding they voted in support of this land use designation. Mr. Perry: That is correct. Commissioner Teele: And -- hold it. Chairman Regalado: Mike, please. Commissioner Teele: You have to use the mike. Chairman Regalado: You need to use the mike. Your name and address, and then you can address the Commission. Rebecca Long: My name is Rebecca Long. I live at 600 Northwest North River Drive, and we are the property owners who like the other ones earlier here today, we're hoping to go home with a feeling of comfort. I would like to explain how this got started, this whole idea of the park in Spring Gardens. Commissioner Teele: Let me just do this. If you explain it, we're going to vote on it tonight. If you want to -- if you'd like to let us defer it, with instructions that the Homeowner's Association and you all sit down with the staff and see if we can come up with a solution that is acceptable to you, then we'll defer it, but we're not going to do both. Mr. Perry: Well, this would apply to nine and ten, as well? 220 May 23, 2002 Chairman Regalado: It will. He's saying that if you meet with the homeowners and the staff and express your concerns to them and not to us, then we'll defer this. If you want to say on the record whatever you have to say, we're going to have to vote on this. Commissioner Teele: You're much better off sitting down with the staff and the Homeowner's Association... Chairman Regalado: So, you're better off. You quit while you're ahead. Ms. Long: We're very happy to meet with the Homeowner's Association. Chairman Regalado: If we keep this debate, we're going to have to vote on it. Ms. Long: But I would like to say Chairman Regalado: Ma'am, if we do keep this debate... Ms. Long: I only want to say; we're not the Homeowner's Association. We can never affect the vote. We're just the individual homeowners. Chairman Regalado: But what the Commissioner is saying, you know, you're going to meet with the staff and the Homeowner's Association, but if you -- if we keep this debate, we're going to have to vote on it and then, you know, who knows what's going to happen? Mr. Perry: Hey, I think we should go for it. Chairman Regalado: Good. Mr. Perry: Let's move forward. This gentleman, Mr. Finlay Matheson would like to speak. Chairman Regalado: So, Commissioner, you want to vote today? Commissioner Teele: Well, I'm happy to vote on it. I mean, it's gone before all the various boards and everything, and it's got the City's... Chairman Regalado: All right. Look, the night is early. I mean, it's young. Commissioner Teele: It's got staff s recommendation to do it. So, you know, my motion is going to be to go forward with it as a designated land use, as requested by the staff. Chairman Regalado: Sir? Mr. Perry: I've already been to the wrong war, sir. I will try you. Chairman Regalado: Sir, go ahead. You wanted to address -- go ahead, sir. 221 May 23, 2002 Finlay Matheson: Yes. My name is Finlay Matheson and my address is 3898 Shipping Avenue, Miami. And I've actually come here tonight to speak against Item 7, 8, 9, and 10, and -- however having said that, I'm not against public parks. But as I heard Ms. Range say earlier, using the analogy of a cell tower is a nightmare in her neighborhood. Well, surprisingly so, a public park could be a nightmare in your neighborhood, depending on the character of the park. Now, if this park is to be a passive neighborhood park, I'm all for it. However, people's definitions of public parks vary greatly. As some of you may have known that my family sued Dade County and the State of Florida over five years for Crandon Park to protect its integrity, and I think, as long as the historic neighborhood and the character of the neighborhood is protected, then I have no problem with it. But I think maybe the cart has come before the horse because I'd like to find out exactly what the intent is for this public park. And as I said, it means a lot of things to a lot of people, and I think that maybe that's where the neighborhood and the people should get together with some consensus. James Broton: My name is James Broton. I live at 951 Northwest 10th Court. I'm President of the Spring Garden's Civic Association, and I also am editor of the Spring Garden News, which is published every month, and distributed to everyone in the neighborhood. The park that is being referred to has been on the works for several years, about four years, when the Trust for Public Land worked to -- with Dr. Ernie Martin in the neighborhood to get the land so that it wouldn't be developed into a multi -story high rise. And in the companion issue or the companion agenda item, the property next to the area we call Point Park is the Historic Wagner Homestead. Not Wagner. John Seybold Homestead. John Seybold formed the neighborhood. Dr. Martin and members of the Spring Garden Civic Association have worked for several years to make this into a park and educational center. When we were trying to make this into a park, the City's -- City objection was that there was no meeting place; there was no facility associated with it. When the opportunity to purchase Seybold Canal House, which we've purchased for the City through CDBG (Community Development Block Grant) grants, when that opportunity came up, we jumped at it. The park will be used as a combination passive park for the neighborhood and educational center for the area. That was part of the stipulation that was written in the grant to purchase the park. Up to this point it had been used as a park for the neighborhood, and we -- if we're going to talk about history, in -- on the river, we took a sewer easement in our neighborhood and made it into a little pocket park. It's beautifully landscaped. It's open to the neighborhood. It's open to the City, but mostly the neighborhood, and we're very proud of it. We love showing people. It's right on the river. It's public access. Vice Chairman Winton: Could I ask you a question? Mr. Broton: Yes. Vice Chairman Winton: Did the -- you're President of the Homeowner's Association? Mr. Broton: Yes. 222 May 23, 2002 Vice Chairman Winton: And did the Homeowner's Association take an action as it relates to this parcel? Mr. Broton: It is aware of the purpose of it as a park. Vice Chairman Winton: But was there a vote, a resolution passed, in support of or in opposition to this parcel becoming part of the park? Mr. Broton: Oh, no. Yes, there was. Yes, there was. There was a motion to change the zoning. However, the parcel, from the beginning, was purchased to be part of the park. And that -- it has been noted in several issues of the newsletter and if Mr. Perry and Ms. Long would come to some of our meetings, they would know that. Commissioner Teele: Mr. Chairman? Ms. Long: Is it my turn to speak now? Chairman Regalado: Yes, sir, yes, sir. Wait a minute. Ms. Long: I would like... Chairman Regalado: Ma'am? Ms. Long: Is it my turn? Chairman Regalado: It is your turn. But we're going to vote on it. Ms. Long: I'm Rebecca Long. I live at 600, right next to the red park area. Years ago, when this idea of the park arose, I was the one who stood up in our Neighborhood Civic Association -- and it's not a homeowner's association. It's a civic association and all the renters have the same vote as the homeowners. This was originally to be Mr. Seybold's property from his own house. This little driveway leading in, this is going to lead to this one house, and this is our one here. We live in this little house right here and we do not use air conditioning. We never have. We never will. And when cars pull into this little slot right here, the fumes fill this little two-bedroom, one -bath house. Now, we've been paying -- all of these purple people have been paying R-3 taxes, even though we are just a little two-bedroom, one -bath bungalow. That's a fluke of the zoning. But anyway, one day, a few years back, I stood up in our civic association meeting and suggested this might become a high rise. We were not a historic neighborhood then and they would have been able to build any such thing under R-3. So, Ernie Martin, much to our pleasure, picked up that ball and ran with it. At the same time, the neighborhood acquired this easement and I believe we, and many of the neighborhood, had the idea that this big park was going to be the same nature as this little park, but there is a major difference. The big park requires a zoning change and becomes an official member of the Parks and Recreation system. This little pocket park was no zoning change and it did not 223 May 23, 2002 affect the property values of anyone near it. This changing to a public venue just 10 feet, as far as I am from -- to you, sir, it's a public venue now. We have seen, in the last 24 months, the huge amount of traffic traveling into this little cul-de-sac. They run their cars a while; look it over, and then back out. Eventually now, according to their plan, they'll turn into here, where there plans to be a clubhouse with two classrooms and that's all to be constructed. This is R-1. This is all residential. Now, our President was just here in Miami and I listened to his whole speech. One of the points he made in his speech was to Castro: "You must protect private property." Now, he did not say that to us in Miami because he assumes in Miami that we are protecting property -- private property owners. So, I'm here asking, imploring for your protection to keep our little corner, our little neighborhood here purely residential. We have, in the ensuing years -- thanks to the efforts of Ernie Martin and Jeff Broton -- we have been declared a historic district. Now, since we are historic, we cannot even replace our roof with a roof of our choice. We have to go back to the original historic roof. That's fine with us. So, we're here going with our R-3 zoning, even though all of us live in houses we never intend to tear down and use R-3. This is the first house we ever bought. It was going to be the last. We intend to die here. We've invested our life earnings here, with good faith that the City of Miami would keep our neighborhood residential. Now, the other point that I would like to make is this. Just 24 hours ago I heard on the television a high -leveled Bush administration official. He announced packets are going to be mailed from the federal government to every mayor. Every mayor in America is going to receive a packet from George W. Bush giving tips and recommendations on organizing every neighborhood in each Mayor City into neighborhood watches, and the theme of this packet is to be "We are going to protect America neighborhood by neighborhood." Now, we are the models of a Neighborhood Watch Association because we've had it for over 30 years. We're catching evildoers in midair. The minute you change our zoning and make this a public venue, none of these people have the capability of any kind of neighborhood watch. Now, our neighborhood association, not homeowner's, has also volunteered our neighborhood with their vote. They all live in these condos. They can outvote us on everything. Mr. Broton: That's not true. Ms. Long: Well -- Vice Chairman Winton: Hold on. Ms. Long: -- a condo is many more people than these individual homeowners anyway. Mr. Broton: And condo owners don't belong to the association generally. Commissioner Teele: Mr. Chairman, Mr. Chairman? Chairman Regalado: Excuse me. Excuse me. Excuse me. Ms. Long: Anyway 224 May 23, 2002 Commissioner Teele: Hold it, hold it, hold it. This cannot be like this. Ms. Long: It's my turn to speak. He should be sitting down. Chairman Regalado: No, no, no. No. Commissioner Teele: No, no. It's not like that. It doesn't work like that. You all made - - there was a presentation. You spoke, your husband -- the people spoke. He responded. You get to rebut anything he said. You don't get to just start allover again. Ms. Long: I'm not starting over, but I'm right in the middle of my presentation Commissioner Teele: And under the court rules, you are limited to the amount of time that he used. Now, that's the way the zoning rules should work. Ms. Long: If I could just finish my thought. Commissioner Teele: Please. Ms. Long: So, our civic association has volunteered to the Miami River Corridor (inaudible) Project to bring the bike path that's going to go from the airport to the sea port. They wanted to come right through the neighborhood and this park is the destination. So, now we are throwing neighborhood watch completely out of the window because we have a thoroughfare for bikers that are starting at the airport, going to the seaport, and they're passing through to us as if we're a tourist destination. We will have zero capability of protecting our neighborhood with our traditional neighborhood watch if you bring the bike path and make a clubhouse with classrooms and then have a park. Our suggestion is, if you walk right over the Hump Back Bridge and wind around the river -- it's in walking distance -- there's Lummus Park. Lummus Park already has a historic structure for classrooms. Lummus Park is all fixed up and looking so lonely and low. Let's put this dream -- we love the dream of the park, but now that we have seen what it's like to live next to it, now in the light of 9/11 and our President's mandate to have neighborhood watches all over America, we ask that you leave us residential zoning. Chairman Regalado: Thank you very much. We are going to close the public hearing. Commissioner Teele: I have several questions I want to ask the staff. Chairman Regalado: Go ahead, sir. Commissioner Teele: Madam Director, what is the implication if we do nothing? What's the effect -- the park is already there. Suppose we don't do this, what happens then? Does that limit the use of the park? I know the zoning map isn't appropriate. Lourdes Slazyk (Assistant Director, Planning & Zoning): It could. It could because 225 May 23, 2002 there's R-1 zoning on one of these properties and the other one's R-3. Right. The smaller ones R-1. The larger ones R-3. R-1 and R-3 may not allow some of the other park -type function, but if they were to be left vacant as R-1 and R-3 and just passive green space, that would be fine. Commissioner Teele: Let me ask you this. With an R-3, could an apartment building be built there? Ms. Slazyk: Absolutely. Commissioner Teele: OK. Ms. Long: We have historic destination now... Chairman Regalado: OK, OK. The public hearing is closed. I'm sorry. The public hearing is closed. Commissioner Teele: Mr. Chairman, thank you very much. Chairman Regalado: Yes, sir. Commissioner Teele: And I do apologize. Who is the applicant for this land use change? Unidentified Speaker: The City is the applicant, but Ernie Martin fully supports this. He attended the... Commissioner Teele: No, no, no, no, no. Chairman Regalado: He didn't ask you that. Commissioner Teele: I didn't ask you that. Unidentified Speaker: The City. Commissioner Teele: OK. Who owns this park? Unidentified Speaker: The City of Miami. Commissioner Teele: Now, the point that I was impressed with Mr. Matheson -- and he didn't note the fact that I sided with him in an 8 to 1 vote on the Lipton because I thought that we violated the Trust, that is, the County. What was the historic use of this land? Is this not where Alligator Joe did all of his famous wrestling? Is that -- I'd like... Ms. Long: Mr. Seybold's residence was to be built there but it never got built. Joel Maxwell (Deputy City Attorney): Sorry. It has to be on the record. 226 May 23, 2002 Commissioner Teele: Mr. Chairman? Chairman Regalado: We cannot reopen the public hearing. Only Commissioner Teele: Mr. Chairman, I'm asking -- is this a historic district? Where is the Planning Director, the historic czarist? I mean, we don't have that many -- but, look, it's very clear to me that this area was once a historically -- was the site of the famous Alligator Joe's Wrestling. That's what has been represented in all of the books that I've seen and, Mr. Matheson, I would recognize you to refute that, if you happen to have other knowledge? Mr. Matheson: I think it might be a little bit before my time. Commissioner Teele: Well -- I mean, I think that's one of the important things to know. This site has always been -- in fact, this site is really a unique site along the river, and it has always had more than a residential use. It has historically had a tourist attraction use where supposedly -- at least that's what all the history books say -- that Alligator Joe did the wrestling right there on this point, where the canal and the river sort of come together, the Seybold canal, and I think it has been represented on the record that the -- Mr. Seybold was actually the developer of this area, and it was not stated very clearly. And I wish the staff would really pay a little bit more attention to these historic districts and let's look at this a little bit differently because we really do need to know what it is we're doing or what we're not changing. But if Alligator Joe was the -- if this was the venue for the famous Alligator Joe Wrestling, where people came from all over, having a park seems to be totally compatible with the historic use of this. But I don't know that and I don't think is record is complete on that. Ms. Slazyk: Can I offer just as a point of reassurance, I guess, to the neighbors. Being that this is a historic district, a designated historic district, even with the park designation on this property, for this City, as the owner to do anything on this property has to go to the Historic and Environmental Preservation Board to get a certificate of appropriateness. So, even a park designation... Commissioner Teele: Has it been -- has it done Ms. Slazyk Until a permit is being sought for something, it isn't required yet, but it will before a permits... Commissioner Teele: What do you mean, a permit? Ms. Slazyk OK. If a building permit were to come to build, let's say restrooms or something there, anything that happens there would have to go to get a certificate of appropriateness. Commissioner Teele: But I have great respect for you, but don't -- shouldn't the City go 227 May 23, 2002 ahead and do that anyway? Ms. Slazyk: Yes, it would have to because it's a historic district. Chairman Regalado: No, no, no. He didn't say that. Ms. Slazyk But to change the park doesn't change that fact, is what I'm trying to say. Commissioner Teele: I understand that. But why don't we get this historic use issue put out. I mean, we're hearing a whole lot of different things from different people. Everybody's saying what -- you know, we're hearing objections now to the bike path, which is not even before us. I mean, you know, it's not even on the record here. We're hearing objections really -- which really sounds -- I was persuaded for a moment with the protests here, but when it really just got down to a nimbi, you know, you lost me on that because basically what you're saying is, we want to have a country club here. We want our streets to have a gate across it. We don't want anybody to ride down our streets and... Ms. Long: No, we didn't say that. Commissioner Teele: Well, that's exactly what I heard when you said we don't want bi -- this is a bicycle path. The streets are public streets. The park is a public park. And we've got to somehow break through this notion that we can have neighborhoods with neighborhood watch and we can let the public go through this. These are not private country clubs. And, so, I would like to go ahead and move this for the purpose of designating it for what it is and that is, it's a park. However, I would feel a lot more comfortable if the Historic Preservation Officer were here explaining what the historic uses were to at least refute some of the testimony that's been put in the record, you know, that this piece of land -- I realize that it was designed to be Mr. Seybolds's home, but the fact of the matter is, it was never Mr. Seybold's home. And the alternative, of course, would be to undo all of this and let them build a high-rise right here. That's sort of the alternative. You can't have it both ways. And if we're going to designate this historic, if we're going to make this a park, then we ought to make sure that the land use map is correct. And, so, I would move the staff s recommendation. Commissioner Sanchez: Second. Ana Gel ab ert- Sanchez (Director, Planning and Zoning): Commissioner, on the second reading we can have Sarah Eaton come in, if you want, which is the Historic Preservation Officer. Commissioner Teele: And I think we should make it very clear to the neighbors: this is the first reading, not the second reading. You'll have another chance to come with this matter and to give us a different presentation, if you'd like. Chairman Regalado: Read the ordinance. Roll call. 228 May 23, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, IN FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION OF PROPERTY LOCATED AT APPROXIMATELY 613 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RECREATION;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the Deputy City Attorney. 49. FIRST READING ORDINANCE TO AMEND ORDINANCE 11000, FROM R-1 SINGLE FAMILY RESIDENTIAL TO PR PARKS AND RECREATION TO CHANGE THE ZONING ATLAS. Commissioner Teele: Move the companion item number -- what is that? Priscilla Thompson (City Clerk): PZ -8. Chairman Regalado: PZ -8. It's been moved. Do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: Second by Commissioner Gonzalez. Read the ordinance. Joel Maxwell (Deputy City Attorney): "An ordinance of the Miami City Commission amending page number 35 of the Zoning Atlas of" -- Commissioners, I suggest you open and close the public hearing on that item. 229 May 23, 2002 Chairman Regalado: I'm sorry. Yeah. We -- this is a public hearing. Anybody from the public on this companion item to address the Commission? You do? OK. Yes, ma'am. On the mike. Rebecca long: I believe my characterization of the bike path was exaggerated and a little out of context. I certainly was not implying I'm against cyclists; I'm certainly not against parks. I do feel in the light of 9/11, as was mentioned earlier with your airport discussion, there needs to be some consideration for the ability of neighborhoods to watch out for themselves, and when you put a public venue in the heart of a residential district, none of those residents have a capability of performing in a neighborhood watch way. I just felt that this public bikeway, the greenway, should stay on public thoroughfares and meet up with Lummus Park. That's all in the public domain. We are residential. Does anyone in this chamber have the fear tonight that there's going to be a public zoning park right next to where they live? Nobody does. This is a bizarre development that all started with a little pocket park in Spring Garden, which was not something that would require zoning changes. This is a major drastic change to a historic residential neighborhood. Now, the companion piece, the small R-1, they want to build a structure there for classrooms. There is no parking provision anywhere for this public venue. Chairman Regalado: Thank you. Thank you very much. Vice Chairman Winton: I'd like to comment. Chairman Regalado: Yes, sir. Vice Chairman Winton: I've tried to bite my tongue and be quiet. I understand the point on creating a public venue, via the building that will have computer classes in it. But I don't know -- you said nobody wants a park by their home. I've got people all over the place that are clammering for more parks in neighborhoods, and they don't give a damn where they are, just so it gets in their neighborhood. People want these parks in their neighborhood. They don't not want parks their neighborhood. Ms. Long: That's how we felt as well, until we've spent the last two years living right next to it, and we see it's not passive in any way. There's a dock planned on the river, with a big tour boat, bringing groups; cars pull up -- throughout every hour of the day they pull up and out, up and out, filling our home with fumes. We don't live behind a big wall. We don't use air conditioning. This is inappropriate for this tiny, closed quarter corner. Now that we have a Historic Preservation district here, that board would govern whatever got built here as R-3 or as R-1. We have historic now guidelines to make sure whatever gets built there, under residential zoning, would be appropriate. We didn't have that when this park concept grew up. We weren't historic then. We had no preservation board that would guide the developer. But we have had the experience of learning that however many units you put on that R-3, it's fewer cars and people that we would have to get to know than this unknown number that comes with a totally public venue. Our neighborhood, I think, is a little bit under the impression the park is just for local use. 230 May 23, 2002 Overtown, Spring Garden. But when we get into the park system, we are a public venue for all of Dade County. And no neighborhood watch is possible in this 9/11 time. We have strangers constantly passing by. Chairman Regalado: Thank you. Thank you. OK. We close the public hearing. Read the ordinance. Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (R-1) "SINGLE FAMILY RESIDENTIAL" TO (PR) "PARKS AND RECREATION" FOR THE PROPERTY LOCATED AT APPROXIMATELY 613 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 231 May 23, 2002 was introduced by Commissioner Teele, seconded by Commissioner Gonzalez, and was passed on first reading by title only by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the Deputy City Attorney. 50. FIRST READING ORDINANCE TO AMEND ORDINANCE 10544, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" TO CHANGE THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE NEIGHBORHOOD PLAN. Commissioner Teele: Second item is what? Chairman Regalado: Next companion item is PZ -9. It's 601 Northwest 7th Street Road. This is a first reading ordinance and it has a companion Item 10. This is a different address. Six thirteen was the one we did. This is 601 Northwest 7th Street Road. This is a public hearing. Do we have a motion and a second on this? Commissioner Gonzalez: So moved. Vice Chairman Winton: I'd like to hear from these people. Chairman Regalado: OK. Finlay Matheson: Yes. My name is... Chairman Regalado: But we need ... Commissioner Gonzalez: Move. Chairman Regalado: Do we need a motion first? Joel Maxwell (Deputy City Attorney): No, no. You hear from the public first, sir. Chairman Regalado: OK. Go ahead, sir. Finlay Matheson: Yes. My name is Finlay Matheson and my address is 3898 Shipping 232 May 23, 2002 Avenue, Miami. And Commissioner Teele asked me about the property being used to wrestle alligators. Well, I don't know about that, but we're certainly wrestling with alligators tonight. I think the point that I'm trying to make is, I'm not against it being used for a park, but when you -- public park purposes is a myriad of things and I'd like to see if it's going to be used for a public park; that it would be compatible with the historic character of the neighborhood. And I think if a normal developer would come for a zoning change, he'd be asked to show a site plan and tell you specifically what it is. Well, all we know is it's for public park purposes and I don't know exactly what that's going to be. Thank you. Chairman Regalado: Thank you, sir. Jim Broton: I'd like to speak to that. I'm Jim Broton again, 951 Northwest 10th Court. Now we're talking about the park. We've already approved the use of the Seybold Canal House, and it was Alligator Joe's attraction from approximately 1900 to 1915, when he died going to San Francisco. But as far as the park goes, its purpose is to act as an educational center. That's why there was supposed to be a dock put on it, and the dock was made so that boats coming down the river could -- with school children -- could park there. We'd like to put it on the canal, but the canal is not deep enough. The intent of the park is to have different ecosystems representing what the land looked like before development came. There's going to be a wet lands area. There's going to be a dry land area. I don't know. But it is supposed to recreate what the land looked like originally before Alligator Joe, before 1900, when the Indians were coming down the river and down the canal. We think that this history is important. We think that we, who are the caretakers of this park, are the neighborhood formed in agreement to oversee construction of the park and to have it for -- I'm not sure how many years are left on this, five or six years. Unidentified Speaker: Four. Mr. Broton: It was a seven-year agreement. Four? Four are left. And we are developing this. We're hoping to extend our caretakership (sic) of it beyond that time. And our development is being made to -- for that purpose, to have it as a park for the neighborhood and an educational center. Chairman Regalado: Thank you very much. Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir. Vice Chairman Winton: It seems to me that Mr. Matheson's point, that last one, is right on, and that is that, you know, I heard something just now that I hadn't heard all night, which is a description of what the park's going to become and I can't visualize that, and at some point, as a part of a public hearing, somebody -- that kind of vision has to get on a piece of paper so that everybody can see it and there could be a public hearing and 233 May 23, 2002 everybody can voice their opinion about whether that's good for the neighborhood or bad for the neighborhood. So... Commissioner Teele: I move to defer the item. Chairman Regalado: OK. There is a motion to defer -- Vice Chairman Winton: Second. Chairman Regalado: -- Item PZ -9 and 10. It's been moved and second. All in favor say aye. 11 The Commission (Collectively): "Aye." Chairman Regalado: It passes. Deferred. 234 May 23, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-595 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED CHANGE OF ZONING AND COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTY LOCATED AT APPROXIMATELY 601 N.W. 7TH STREET ROAD FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RECREATION, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 27, 2002. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Teele: And, Vice Chairman Winton Joel Maxwell (Deputy City Attorney): To which date, Commissioner? Commissioner Teele: To ... Lourdes Slazyk (Assistant Director, Planning & Zoning): Can that be to a date certain, please? Commissioner Teele: To the 13th or the 27th9 Ms. Slazyk: June 27th Commissioner Teele: June 27th. That's the motion. But I think, Mr. Matheson makes a point. If that's what we normally require, then that's what the City should do, as well. And I think, you know, a lot of this just gives everybody a sense of what we're doing. I also am very uncomfortable that the City staff has not done its full job in ensuring that the historic nature of this and the historic uses -- because a lot of what we're supposed to be doing is ensuring in a historic area -- and I know this is new ground and I know this is -- we're cutting new ground here. We didn't even -- first time there was a debate on this 235 May 23, 2002 was when Vice Chairman Winton, I think, was running for office, so that we can begin this whole process of getting historic neighborhoods developed. But the previous and historic use is very important and I think, if Alligator Joe was there, as Commissioner Regalado is always talking about in terms of branding the City, it should have markers there. There should be a historic marker there. There should be a historic marker from the river that says that, so that people can -- as they ride down the river can see it. But it really does, I think, in a puristic sense, govern and control, to some extent, what our compatible use is based upon the historic designation. And I can assure you that there's not going to be anything as rowdy as Alligator -- with all due respect to the late Alligator Joe, there won't be anything as colorful as that, and I think, you know, we ought to be true to the notion that this is a historic district and we should try to preserve some of the historic uses and document those uses. Vice Chairman Winton: Could we get our historic officer to come up and describe what she thinks about this? Ms. Slazyk: Yes. We're going to have her here for the -- Vice Chairman Winton: Oh, she's not here tonight? Ms. Slazyk: She's not here tonight. Vice Chairman Winton: Oh, OK. Thank you. Chairman Regalado: OK. It's been deferred. Commissioner Teele: Well, you're one halfway. Chairman Regalado: It's been deferred. 51. AMEND RESOLUTION NO. 02-498, WHICH CODESIGNATED SOUTHEAST/SOUTHWEST 9TH STREET, FROM BRICKELL PLAZA TO SOUTHWEST 1sT AVENUE, MIAMI FLORIDA, TO CHANGE NAME OF "BEETHOVEN WAY" TO `BEETHOVEN NINTH SYMPHONY STREET". Chairman Regalado: Commissioner Winton you have pocket items? Yes, you do. Vice Chairman Winton: Yes, I think I do. Chairman Regalado: Two Codesignations. Can we do it in one motion, Mr. Attorney? Joel Maxwell (Deputy City Attorney): I would suggest you have separate motions, Commissioner. Chairman Regaldo: OK, separate motions. 236 May 23, 2002 Vice Chairman Winton: OK. So I've got three resolutions. I'll do the Codesignations first. Resolution of the City of Miami Commission amending resolution number 02-498, adopted April 25, 2002, which codesignated Southeast/Southwest 9th Street from Brickell Plaza to Southwest 1st Avenue, Miami, Florida; change the name of Beethoven Way to Beethoven Ninth Symphony Street because we can't call it "way" because it's a "street." So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-596 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-498, ADOPTED APRIL 25, 2002, WHICH CODESIGNATED SOUTHEAST/SOUTHWEST 9TH STREET, FROM BRICKELL PLAZA TO SOUTHWEST 1sT AVENUE, MIAMI FLORIDA, TO CHANGE THE NAME OF `BEETHOVEN WAY" TO "BEETHOVEN NINTH SYMPHONY STREET"; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 237 May 23, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 52. CODESIGNATE SOUTHWEST 27TH TERRACE, FROM SOUTHWEST 22ND AVENUE TO US -1, MIAMI, FLORIDA, AS "SECOFFEE TERRACE". Vice Chairman Winton: A resolution of the City of Miami Commission codesignated Southwest 27th Terrace, from Southwest 22ND Avenue to US -1, Miami, Florida, as "Secoffee Terrace." So moved. And that has to go to the Street Codesignation Committee. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION 02-597 A RESOLUTION OF THE MIAMI CITY COMMISSION TO CODESIGNATE SOUTHWEST 27TH TERRACE, FROM SOUTHWEST 22ND AVENUE TO US -1, MIAMI, FLORIDA, AS "SECOFFEE TERRACE"; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THE RESOLUTION TO THE DESIGNATED OFFICES HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 238 May 23, 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 Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None. ABSENT: Commissioner Joe Sanchez 53. SCHEDULE PUBLIC HEARING FOR APPLICATION FOR DEVELOPMENT APPROVAL FOR INCREMENT II OF DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT (DRI) ON SEPTEMBER 26, 2002, TO EXTEND BY 38 DAYS, 90 -DAY DEADLINE SPECIFIED BY FLORIDA STATUTES. Vice Chairman Winton: And my final resolution is a resolution of the City of Miami Commission scheduling a public hearing for the application for development approval for Increment II of the Downtown Development of Regional Impact, DDRI, on September 26, 2002, as requested by the Downtown Development Authority. So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. 239 May 23, 2002 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION 02-598 A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A PUBLIC HEARING FOR THE APPLICATION FOR DEVELOPMENT APPROVAL FOR INCREMENT II OF THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT ("DRP') ON SEPTEMBER 26, 2002, AS REQUESTED BY THE DOWNTOWN DEVELOPMENT AUTHORITY AS APPLICANT OF INCREMENT II OF THE DRI, TO EXTEND, AS PROVIDED, BY 38 DAYS, THE 90 - DAY DEADLINE SPECIFIED BY SECTION 380.06(11)(d), FLORIDA STATUTES (2001); FURTHER, DIRECTING THE CITY MANAGER TO PROVIDE ALL APPROPRIATE PUBLIC NOTICE PRIOR TO THE SCHEDULED PUBLIC HEARING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 54. GRANT EXTENSION OF HOURS OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES DURING 2002 FIFA WORLD CUP, FROM THURSDAY, MAY 30, 2002 THROUGH SUNDAY, JUNE 30, 2002. Chairman Regalado: OK. Commissioner Teele, you have asked to revisit Roots and Culture Asian Festival. Commissioner Teele: Mr. Chairman, I've got a couple of pocket items here while the staff wakes up in the back. The first one is a resolution of the City Commission granting an extended hours of alcohol sale establishes -- hours for the sale of -- an extension of hours of sale for establishments dispensing alcohol beverages for consumption on 240 May 23, 2002 premises, COP, during the 2002 FIFA (Federation of Football Associations) World Cup from Thursday, May 30th through Sunday, June 30? Chairman Regalado: It's one month, yeah. The World Cup is one month. Commissioner Teele: Jesus Christ. Pursuant to the provisions contained in Section 4-2 of the code of the City, as amended. I would so move. Chairman Regalado: You know, that's -- it's been moved. That's for television, you know? Commissioner Gonzalez: Second. Commissioner Teele: That's for television. Chairman Regalado: That's for television. The World Cup will be held in Korea and Japan. Commissioner Teele: And there are a number of establishments, particularly the Old English Pub there in Little Haiti that is a unique establishment. A number of establishments are -- Chairman Regalado: Is that citywide? Commissioner Teele: This would be citywide and it would affect all businesses that make the application, I suppose. Chairman Regalado: OK. We have a motion. Do we have a second? Commissioner Gonzalez: Yes, second. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 241 May 23, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-599 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION OF HOURS OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES (C.O.P.) DURING THE 2002 FIFA WORLD CUP, FROM THURSDAY, MAY 30, 2002 THROUGH SUNDAY, JUNE 30, 2002, PURSUANT TO THE PROVISIONS CONTAINED IN SECTION 4-2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 55. RATIFY, APPROVE AND CONFIRM MANAGER'S ACTION THAT IT WAS NECESSARY TO ESTABLISH POLICY RELATING TO ENVIRONMENTAL ASSESSMENT REQUIREMENTS IN PROCESSING OF PURCHASE AND SALE AGREEMENTS FOR PROPERTIES PURCHASED THROUGH LAND ASSEMBLY PHASE OF MODEL CITY HOMEOWNERSHIP PILOT PROGRAM. Commissioner Teele: This is a resolution of the City Commission by a four-fifths affirmative vote ratifying and approving and confirming the City Manager's actions that it was advantageous and necessary to establish a policy relating to environmental assessments requirements in the process and purchase of sale agreements for properties purchased throughout the land assembly phase of the Model Cities Homeownership Pilot Program. So moved. Vice Chairman Winton: Second. 242 May 23, 2002 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 02-599 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION OF HOURS OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES (C.O.P.) DURING THE 2002 FIFA WORLD CUP, FROM THURSDAY, MAY 30, 2002 THROUGH SUNDAY, JUNE 30, 2002, PURSUANT TO THE PROVISIONS CONTAINED IN SECTION 4-2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: And there's a four-fifths vote present, Madam Attorney. 56. DESIGNATE NEWLY CONSTRUCTED HADLEY PARK SENIOR AND CULTURAL CENTER LOCATED AT 1300 N.W. 50 STREET AS "CONGRESSWOMAN CARRIE MEEK'S SENIOR AND CULTURAL CENTER"; SCHEDULE PUBLIC HEARING ON JUNE 13, 2002. Commissioner Teele: OK. This is a resolution that I think we did earlier today of the City Commission designating the newly constructed Hadley Park Senior Center, located at 1300 Northwest 50th Street as the Hadley Park Congresswoman Carrie Meek's Senior and Culture Center and scheduling a public hearing for -- 243 May 23, 2002 Chairman Regalado: We did that. Commissioner Teele: -- for June 13, 2002. So moving, and I think we did it before. Commissioner Gonzalez: Second. Chairman Regalado: Yeah, we did that and we had a time certain. Commissioner Teele: You've done that, OK. Call the question on it again just -- Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-602 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A GRANT IN THE AMOUNT OF $12,254 FOR SERVICES TO BE PROVIDED BY THE DEPARTMENT OF POLICE FOR THE ROOTS AND CULTURE PARADE EVENT, SCHEDULED FOR MAY 25-27, 2002; ALLOCATING FUNDS FOR SAID SERVICES FROM THE SPECIAL EVENTS ACCOUNT, CODE NO. 001000921054.6.289; AUTHORIZING A WAIVER OF THE POLICE ADMINISTRATIVE SURCHARGE IN THE AMOUNT OF $3,819; SAID GRANT AND WAIVER ARE CONDITIONED 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; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 244 May 23, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 57. AUTHORIZE $12,254 GRANT FOR SERVICES TO BE PROVIDED BY DEPARTMENT OF POLICE FOR ROOTS AND CULTURE PARADE EVENT, SCHEDULED FOR MAY 25-27, 2002; ALLOCATE FUNDS FROM SPECIAL EVENTS ACCOUNT; AUTHORIZE WAIVER OF POLICE ADMINISTRATIVE SURCHARGE, $3,819; SAID GRANT AND WAIVER CONDITIONED UPON ORGANIZERS. Commissioner Teele: Now this is coming to me from the City management, et cetera. A resolution of the Miami City Commission -- and I just want to be very candid and clear. This City has done everything it can and is doing to help the Haitian community become integrated into the mainstream. I think it's fair to say that getting corporate sponsorship for events in the Haitian community is something that's going to take time. Clearly, this City is doing its share in supporting Roots and Culture, and this resolution is a resolution to ensure that the event goes on. For the public, the cost of city services is an excess of $65,000 for a free event like this. This is a resolution of the City Commission authorizing a grant of $12,254, to be provided by the Department of Police, for the Roots and Culture events scheduled from May 26 -27th; allocating funds for said service from special events account code 001000921054.6.298 or as typed out; authorizing a waiver of police administrative surcharge in the amount not to exceed $3,819, and said grant and waiver are conditioned upon the organizers (1) obtaining all necessary permits required by law; (2) paying for all other necessary costs of City services and applicable fees associated with the event, and (3) complying with all of the conditions and limitations as may be prescribed by the City Manager or his designee. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. 245 May 23, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-602 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A GRANT IN THE AMOUNT OF $12,254 FOR SERVICES TO BE PROVIDED BY THE DEPARTMENT OF POLICE FOR THE ROOTS AND CULTURE PARADE EVENT, SCHEDULED FOR MAY 25-27, 2002; ALLOCATING FUNDS FOR SAID SERVICES FROM THE SPECIAL EVENTS ACCOUNT, CODE NO. 001000921054.6.289; AUTHORIZING A WAIVER OF THE POLICE ADMINISTRATIVE SURCHARGE IN THE AMOUNT OF $3,819; SAID GRANT AND WAIVER ARE CONDITIONED 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; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 58. DIRECT MANAGER TO PROCEED WITH SUPPLEMENTAL GRANT APPLICATION PROCESS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC SERVICES IN DISTRICT FIVE; STIPULATE THAT SAID GRANT APPLICATIONS SHALL BE AVAILABLE PRIMARILY TO PROVIDE SERVICES TO SENIORS AND TO ELDERLY. Commissioner Teele: And we have an ordinance that we don't have ready yet relating to the home ownership zone, but is there anybody here from Community Development? Because I would -- There has been a terrible -- When we held our Community 246 May 23, 2002 Development meeting and then the various workshops, we indicated and directed that the Manager will come back with a recommendation based upon the public hearings for the supplemental grants; that is, under the public service category for the various districts. I would like to move at this time that the District 5 -- and I think the available amount of money is $40,000, not to exceed $40,000 -- that for District 5, a supplemental grant application process be done based upon the public hearings, and said grant applications shall be available primarily to provide services to seniors and to elderly, not to the exclusion of any other entity that may apply, but the priority being of that, and that was clearly the consensus of our public hearing that there are not enough services for seniors in District 5. I would so move. Commissioner Gonzalez: Second. Commissioner Teele: And all this is, is we're not adding any money. We're simply saying that the dollars that were available after the public hearing, each Commissioner would come back based on what we heard in the public hearing, and determine where that -- I think it was about $40,000 across the board. Some Commissioners said they didn't want to have a supplemental. I very much would like to have a supplemental, as determined by the Managers and his staff. 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: MOTION 02-603 A MOTION DIRECTING THE CITY MANAGER TO PROCEED WITH A SUPPLEMENTAL GRANT APPLICATION PROCESS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC SERVICES IN DISTRICT FIVE, BASED UPON THE CONSENSUS REACHED DURING THE DISTRICT FIVE CDBG PUBLIC HEARING HELD APRIL 18, 2002 THAT THERE ARE NOT ENOUGH SERVICES FOR SENIORS IN DISTRICT FIVE; FURTHER STIPULATING THAT SAID GRANT APPLICATIONS SHALL BE AVAILABLE PRIMARILY TO PROVIDE SERVICES TO SENIORS AND TO ELDERLY NOT TO THE EXCLUSION OF ANY OTHER ENTITY THAT MAY APPLY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 247 May 23, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: That's it? Commissioner Teele: Yes, sir. Chairman Regalado: Commissioner Gonzalez. Commissioner Gonzalez: No, I don't have anything. Chairman Regalado: Do you have any appointments? 59. APPOINT COMMISSIONER TOMAS REGALADO AS CHAIRPERSON OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. APPOINT MARVIN DUNN AS MEMBER OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. Chairman Regalado: Just for the record, Commissioner Winton and Commissioner Teele, we -- one of my items on the blue page was the Coconut Grove, this new committee for marketing. I did appoint one person and the Mayor appointed one person. The Commission has to appoint the chairman, which should be a member of the City Commission. My question to you is, do you want to be a chairperson or you want me to be a chairman? Commissioner Teele: I would move the appointment of Commissioner Regalado. Vice Chairman Winton: Second. Chairman Regalado: Well, we have a motion and a second. All in favor, say "aye." 248 May 23, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION 02-604 A MOTION APPOINTING COMMISSIONER TOMAS REGALADO AS THE CHAIRPERSON OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: And then you need to appoint your members so we can have the first meeting. Commissioner Teele: Is this Coconut Grove? Chairman Regalado: Coconut Grove Marketing and (UNINTELLIGIBLE). Commissioner Teele: At the request of the Manager, I would like to appoint Dr. Marvin Dunn to the Bond -- what is it? Frank Rollason, what is that committee, the Bond -- Chairman Regalado: Oversight Committee. Commissioner Teele: The Bond Oversight Committee. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in -- Commissioner Teele: Does it require a waiver if he's not a resident of the city? Chairman Regalado: It does. Commissioner Teele: With the waiver. He is absolutely engaged in this city. His -- Chairman Regalado: He's the one that's doing the landscaping. 249 May 23, 2002 Commissioner Teele: The landscaping money where his mouth is. Commissioner Gonzalez: Mr. Chairman. He's totally committed and he's putting his Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. 250 May 23, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-605 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Gonzalez: Chairman, I would like to make an appointment at this time. Chairman Regalado: I'm sorry. Commissioner Gonzalez: I would like to make an appointment at this time for the Coconut Grove -- Chairman Regalado: Go ahead, sir. Commissioner Gonzalez: (UNINTELLIGIBLE) my appointment. Chairman Regalado: Go ahead. Commissioner Gonzalez: I'd like to appoint Monty Trainer. Chairman Regalado: OK. We have an appointment. We have a motion. Do we have a second? Vice Chairman Winton: Second. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. 251 May 23, 2002 Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-606 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: So the Mayor appointed Robert Masrieh; I appointed Steve Kneapler; he appointed -- Vice Chairman Winton: (INAUDIBLE). Chairman Regalado: You have it. Vice Chairman Winton: (INAUDIBLE). Chairman Regalado: Good. Thank you very much. Thank you. Anybody else? Anything? Remember, we have on the 30th, on May 30th we have an executive session, CRA (Community Redevelopment Authority) Special Commission meeting. May 30th starting at 3:30, executive session, Special City Commission and CRA. We have a motion to adjourn? Vice Chairman Winton: So moved. Chairman Regalado: It's been moved and second. 9:19. All in favor, say "aye." The Commission (Collectively): Aye. 252 May 23, 2002 The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION 02-607 A MOTION TO ADJOURN TODAY'S COMMISSION MEETING. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: Thank you, Mr. Chairman. Chairman Regalado: Thank you, sir. 253 May 23, 2002 There being no further business to come before the City Commission, the meeting adjourned at 9:21 p.m. ATTEST: Priscilla A. Thompson City Clerk Sylvia Scheider Assistant City Clerk MANUEL DIAZ MAYOR 254 May 23, 2002