HomeMy WebLinkAboutCC 2002-06-13 MinutesMINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13 day of June 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 9:25 a.m. by Chairman Tomas Regalado, with the
following members of the Commission found to be present:
Commissioner Angel Gonzalez (District 1)
Commissioner Johnny L. Winton, Vice Chairman (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado, Chairman (District 4)
ALSO PRESENT:
Carlos A. Gimenez, City Manager
Alejandro Vilarello, City Attorney
Priscilla A. Thompson, City Clerk
Sylvia Scheider, Assistant City Clerk
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Commissioner Sanchez, after which Vice Chairman
Winton led those present in a pledge of allegiance to the flag.
1 June 13, 2002
1. PRESENTATIONS AND PROCLAMATIONS:
PROCLAMATION PRESENTED BY MAYOR DIAZ IN HONOR OF HELIO
CASTROVENES, YOUNG AUTO RACER, TWICE WINNER OF INDIANAPOLIS 500.
COMMENDATION FROM MAYOR DIAZ TO MIAMI MOUNTED POLICE: MAJ.
THOMAS ROELL; CAPT. THOMAS CANNON; LT. WARREN BARNES, SR.; SGT.
TERESA BORKOWSKI; OFC. OCTAVIO AGUERO; OFC. HECTOR BERGNES; OFC.
CARLOS DECESPEDES; OFC. ALBERTO DEVALASCO; OFC. LUIS ESTRADA; OFC.
MANUEL GOMEZ; OFC. RASHAD JABBAR; OFC. ROBERTO NOVO; OFC. BRENDA
REYES; OFC. JOSE TRIANA; OFC. CARLOS VALDES; OFC. BRIDGETTE YOUNG, AND
LUIS SABINES, JR. FOR RAISING SCHOLARSHIP FUNDS. THE MOUNTED POLICE
PRESENTED COMMISSIONER A PLAQUE THANKING THEM FOR BRINGING
STABLES TO CITY OF MIAMI.
PROCLAMATION PRESENTED BY COMMISSIONER TEELE IN RECOGNITION
OF ROBERT CHEHEBAR' S BRILLIANT ENTREPRENEURSHIP IN THE FASHION
INDUSTRY, SOYE FASHIONS.
SALUTE BY MAYOR DIAZ TO OLDER AMERICANS MONTH SPONSORS, WHO
CONTRIBUTED TOWARD HOSTING OF GREAT PARTY: PHYSICIANS HEALTHCARE
PLANS, INC.; CAC CAREPLUS; ACTION COMMUNITY CENTER, INC.; ALLIANCE FOR
AGING; CATHOLIC CHARITIES CHANNELING - MIAMI JEWISH HOME; CITY OF
MIAMI POLICE; COMMUNITY ACTION AGENCY; JAMES E. SCOTT COMMUNITY
ASSOCIATION; J. BALSERA SCHOOL BUS SERVICE, INC.; LITTLE HAVANA
ACTIVITY CENTER; NATIONAL ALLIANCE TO NURTURE THE AGED AND THE
YOUTH; SOUTHWEST SOCIAL SERVICES; UNITED HOME CARE SERVICES.
CERTIFICATES OF MERIT PRESENTED BY VICE CHAIRMAN WINTON TO HONOR
THE PROBLEM -SOLVING TEAM IN COCONUT GROVE NET OFFICE WHO
IDENTIFIED CRIMINALS AND PROVIDED DATA BASE TO LOWER CRIME AND
FOSTER OUTREACH PROGRAM FOR YOUTHS AT RISK; SGT. PLACIDO DIAZ; OFC.
MAURICE AUSTIN (IN ABSENTIA); OFC. KEVIN RUGGIERO; OFC. LARRY HAGAN;
OFC. RUDOLPH HERRERA; OFC. CLIFFORD TOWNSEND; OFC. RICK AMARO; OFC.
DANNY FERNANDEZ; OFC. JESSE HENRIQUEZ; OFC. JOSE SILVA (IN ABSENTIA);
OFC. FREDDY PONCE.
Chairman Regalado: Good morning. City Commission meeting is convened. Commissioner
Sanchez will do the invocation; Vice Chairman Winton, pledge of allegiance. Would you please
stand for the invocation?
Prayer and pledge of allegiance.
Chairman Regalado: No vetoes were received from the Mayor's Office.
2 June 13, 2002
Presentations and Proclamations.
Note for the Record: Commissioner Teele entered the Commission Chambers at 9:29 a.m.
2. DIRECT MANAGER AND CITY ATTORNEY TO WORK WITH PLANNING
DEPARTMENT IN CREATING PLAN FOR COMMISSION REDISTRICTING PROCESS
TO COMPLY WITH 2000 CENSUS AND COME BACK TO COMMISSION WITH
RECOMMENDATION; ALLOCATE $100,000 FROM CITY ATTORNEY'S BUDGET FOR
ENGAGEMENT OF ANY NECESSARY OUTSIDE CONSULTANTS AND COUNSEL TO
AID ADMINISTRATION IN REDISTRICTING PLANNING PROCESS.
Chairman Regalado: OK, Mr. Mayor. The Mayor has two items in his page. He would rather
do it now, so let's -- let me tell you, we have a request for many time certains, and we are going
to try to accommodate each and every one. The Bayside issue will be addressed in the afternoon.
So is the cellular tower, time certain, after 6. Also, a report on the Silver Bluff Mystery House.
Also, a -- Commissioner Sanchez has requested a time certain for 2:30 on a HOPWA (Housing
Opportunities for Persons with AIDS) item. We have a 10:30 time certain presentation, so we'll
try to get to it. Where's the Mayor? Mayor, Mayor? You want to do your items right now?
Mayor Manuel Diaz: Yes, I would.
Chairman Regalado: Go ahead, sir.
Mayor Diaz: With your permission. We have two items to bring before you this morning. The
first one is a request from our part. We, in conversations with our Planning Department and with
our City Attorney's Office, in looking at the 2000 census data, we have determined that it has
become necessary for the City to be involved in redistricting. We have also determined that
based on our Code and our election schedule for next year, which will require a one-year
residency requirement for these races that this process needs to be completed by September, and
since all of you plan to be in the -- we have a break during the month of August, we're obviously
under a tremendous amount of time pressures, so what I'm asking the Commission today is to
have your authority for me and my office to proceed with the City Attorney's Office, with the
Planning Department and the Administration to come back to you, to start working on a plan for
a redistricting plan, which would have to be approved by this Commission before your August
break, and specifically, I would request an allocation of a hundred thousand dollars ($100,000)
so that we can start to bring in the attorneys and consultants that we need for that purpose.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: I met with the Mayor on this matter, and I understand, but I want to say I
have no objection to this, but Mr. Mayor, the thing that drives me a little batty as a student of
government, political science, and as a person who has served in several dimensions of
government, is the manner in which Dade County -- City of Miami, in particular -- jerry-rigs the
entire American political process. Sergeant at Arms, for example, all over the world, are
3 June 13, 2002
legislative arms. The GAO, the Comptroller General function is a legislative arm. We have in
our country three separate branches of government -- a judiciary, a legislative and an executive.
It is highly, highly, highly, highly unusual for the executive branch -- which I strongly support
more powers for the Mayor, both in the City and in the County, and I strongly support the notion
of an Executive Mayor, going well beyond the powers that your office currently has, but it is
highly unusual that the executive branch would make a priority of redistricting a legislative
branch. It's just never happened in the history, in the annals of this country. I have no objection
to it as long as a Commissioner who's not running for re-election -- and I'm -- it will not be me,
so it would have to be, I guess, Angel -- I mean Joe.
Chairman Regalado: Well, Joe is the only one.
Commissioner Teele: You're not running.
Commissioner Sanchez: No. I run the same time you do.
Commissioner Teele: Yeah. That's what I'm saying. I have no objection to a cooperative
effort, but I think for this legislative body to grant to the executive -- even though we're evolving
from a confused government. I mean, the Commission -- the employees of the City are more
confused, I think, than even the electorate, because for years, you had a Mayor who was not a
Mayor, except for ceremonial purposes, but a Mayor for legislative purpose, so the word,
"Mayor" had two meanings. He was a Commissioner/Mayor, but for the purposes of serving and
carrying out governmental roles, the Mayor was not an executive. He was a legislator. That's
why everything in our statutes talks about five appointees, and when the Mayor had to leave,
then we had to create a whole series of hodgepodges, such as at MSEA (Miami Sports and
Exhibition Authority), where we created the system that the Mayor -- because that's what that
Mayor wanted. I am really concerned about some of the activities of the Office of the Mayor
and the staff involvement in certain legislative prerogatives. I have no objection, and I think it
would be extremely helpful if your office would coordinate that, but I would think that the
dollars for this should be with the City Attorney's Office that has the responsibility for doing
this, and the last thing I would want is for the Mayor to make decisions about who the
consultants are on a legislative matter, because I think there is a healthy tension that the framers
of our Constitution contemplated between the executive branch and the legislative branch, and
not just a tension, but an aloofness within the judiciary, and I just think the problem that I have is
that the City of Miami is a model for governments all over this hemisphere, particularly in Haiti,
particularly in Nicaragua, two countries that I've had the opportunity to visit, where the Council
of Nicaragua or Managua wants to know how do you do this and how are these things going.
We're constantly watched. We're constantly observed, and I just think setting up a framework
that really defies the founding father principle, just like a Sergeant at Arms does, it is something
that only in Miami would a Mayor -- not this Mayor -- but the previous Mayor wanted to have a
Sergeant at Arms, and fight about it, because he came out of being a Legislative Mayor. The
Sergeant at Arms is at the House of Representatives and at the Senate, and when the President of
the United States comes there, he's under their domain, and that's why it's the Sergeant at Arms
that announces, Mr. Speaker, the President of the United States. That is a ritual that goes back to
the founding fathers. Hopefully, one day, Mr. Piderman will say, "Mr. Chairman, the Mayor of
the City of Miami." But I think a part of what we have to do is we have to also realize that
4 June 13, 2002
people watch what we do, and they accept it as real. The notion of Mayors appointing
Commission members or Chairmen is something that the County did. The City replicated it.
Penelas admits it was wrong. The Charter review process that's going on in the County has
recognized it. It's going to be on the ballot to change that back around, and those are the kinds
of things that I think we need to be very careful about. Having said that, I'm encouraged that
you would personally say to do it, and I think there is no one in our community that can give
more balance, has more access. Mr. Mayor, I want to report to the Commission that you were on
the front page of all of the newspapers in the Bahamas for the last two days, literally enjoying
yourself at the Goombay Festival. You are probably one of the most well known American
politicians in the Bahamas today, because you do go into all the communities. You held a town
hall meeting in Little Haiti, and I'm encouraged, Mr. Mayor, that you do care about all
neighborhoods and all communities, and I'm honored that you would want to lend your good
offices, but I do think that the dollars for this should be with the City Attorney's Office, and I
think a Commissioner such as Commissioner Sanchez, who doesn't have a vested interest in the
next election --
Mayor Diaz: Right.
Commissioner Teele: -- should join you in this process, or however you'd like to do it, and I
would encourage -- I would like to be honored to make the motion to ask that this process go
forward, as you've outlined, with those modifications. I would so move, Mr. Chairman.
Chairman Regalado: Yes. We have a motion.
Commissioner Sanchez: Second.
Chairman Regalado: And a second. Mr. Mayor, do you --
Commissioner Sanchez: Is there a time frame? Mr. Mayor, is there a time frame? I know that
time is of the essence.
Mayor Diaz: We'd like to be in a position where the Commission approves an ordinance by the
end of July.
Chairman Regalado: OK. Mr. Mayor, do you agree with the motion?
Mayor Diaz: Yes, absolutely.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Mr. Chairman.
Mayor Diaz: Yes, sir.
5 June 13, 2002
Commissioner Teele: The motion identifies $100,000. We need from the Mayor -- the Manager
to give us a memo at the appropriate time to show us where the hundred thousand is coming
from. I assume it will be coming from reserves, going to the City Attorney's Office, but I would
assume the City Attorney would operate in conjunction with the Mayor and whatever
Commissioner is named to move forward immediately, and not wait for the formality of the
dollars being -- you have the intent of the Commission.
Chairman Regalado: OK. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-612
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER AND CITY ATTORNEY, IN CONJUNCTION WITH THE
OFFICE OF THE MAYOR AND THE DEPARTMENT OF PLANNING, TO
FORMULATE AND PRESENT TO THE CITY COMMISSION, PRIOR TO
AUGUST 2002, A COMMISSION REDISTRICTING PLAN WHICH SHALL
CLOSELY PARALLEL THE DEMOGRAPHIC PROFILES OF THE UNITED
STATES YEAR 2000 CENSUS DATA; DESIGNATING COMMISSIONER
JOE SANCHEZ AS THE CITY COMMISSION'S REPRESENTATIVE TO
COORDINATE EFFORTS WITH THE MAYOR'S OFFICE; AND FURTHER
AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO
EXCEED $100,000 FROM THE BUDGET OF THE CITY ATTORNEY'S
OFFICE TO ENGAGE CONSULTANTS AND COUNSEL TO AID THE
ADMINISTRATION WITH SUCH PLAN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
6 June 13, 2002
3. REPEAL RESOLUTION NO. 00-992 AND DIRECT MANAGER TO INITIATE
COMPETITIVE PROCESS FOR DISPOSITION OF CITY -OWNED PARCELS LOCATED
AT 1700 NORTHWEST 14TH AVENUE FOR DEVELOPMENT OF AFFORDABLE
HOUSING, FOR SALE PROJECT
DIRECT MANAGER TO WORK WITH MAYOR IN CONDUCTING EXPEDITED,
COMPETITIVE PROCESS FOR DISPOSITION OF CITY -OWNED PARCELS LOCATED
AT 1700 NORTHWEST 14TH AVENUE, FOR DEVELOPMENT OF AFFORDABLE
HOMEOWNERSHIP PROJECT; MANAGER TO COME BACK WITH
RECOMMENDATION AT COMMISSION MEETING CURRENTLY SCHEDULED FOR
JUNE 27, 2002.
Chairman Regalado: Second item, Mr. Mayor.
Mayor Manuel Diaz: Most of you know Otto Boudet from my office. He's going to make the
presentation.
Chairman Regalado: Go ahead.
Otto Boudet-Murias: Good morning. My name is Otto Boudet, Office of the Mayor. The next
item on the agenda is the City -owned property located at 1700 Northwest 14th Avenue. Staff
refers to it as Civic Center site. It's an environmentally contaminated site that has been
discussions with Metro -Miami CDC (Community Development Corporation) for over three
years. There was a resolution approved November 2000, directing the Manager to execute an
agreement with Metro -Miami for the development of the site. As of today, no agreement has
been reached with Metro -Miami and additional information has come to light as of last month
that, based on additional tests that are requested by DERM (Department of Environmental
Resources Management), which showed that there were additional contaminants on the site that
we were not aware of, and now the cleanup costs on that site have escalated to between
2,000,000 to $5,000,000. Because of this and because of the fact that the Manager and the
Attorney's Office never came to an agreement with the Metro -Miami, and the fact that now the
site is a lot more -- the cleanup and development of the site is a lot more complicated and it does
not appear that Metro -Miami has the expertise to carry that out, we request that the resolution be
repealed. As a second part of this, we need to -- the idea is to apply for a Betty Grant. The
deadline for that Betty Grant is July 9, that would allocate or, hopefully if successful, we'd get
potentially $1,000,000 that would go towards the cleanup of the site. Now we don't have a lot of
time to -- and the intent was to have a competitive process to bring in a developer to clean up the
site. Obviously, because of the July 9th deadline and the fact that we do have to move forward
and clean this site up right away, this is not something that can wait because of the nature of the
contaminants. We request that the Manager negotiate with a specific developer on the cleanup of
this site and Bob Schwarzreich from the City could speak a little more clearly on the
recommendations on who that group would be, but that's the request that we have in front of
you.
7 June 13, 2002
Chairman Regalado: OK. Before you do, Mr. Mayor and Otto, this property was represented by
Commissioner Gonzalez when he was not a member of the Commission and I think it's important
that we hear from him. It's his district and he spoke on behalf of this project. I remember, I
think it was a year and a half ago, so Commissioner Gonzalez.
Commissioner Gonzalez: Yes, Mr. Chairman,. Thank you. In fact, I came before the City
Commission about a year and a half ago, when I was not a Commissioner, to spoke on behalf of
Metro -Miami and their plans to develop this land into affordable housing -- homeownership
affordable housing. A resolution was obtained from the City giving this developer the right to
develop this land but unfortunately there was some problems with the land and some
contamination that we have just find out that it is worse than what it was thought back then.
Sometimes we say things -- things are said in this Commission that later on we realize that are
not true. A statement was made in this Commission back then that that land probably had a
value of about $5,000,000. Well, today we realize that that land isn't worth two pennies. It's
going to cost the City a whole bunch of money to clean up the land. This Metro -Miami
community development has been dealing with this property and trying to obtain a good
common sense contract to do this development for the last, as far as I remember, since 1998.
Due to the fact that this project and this piece of land is in my district, when the Mayor and his
staff advised me of the problems that we have there, I call a meeting with Metro -Miami
Community Development people and we sat at the table and we discuss issues, and they were
sincere enough to tell us that they didn't have the capabilities to solve this problem at this level
because we were talking about a cleanup of maybe $600,000, which they were paying 1,000,045
for this piece of land. The cleanup cost was going to be deducted from that price and they were
going to be paying the difference to the City, but realizing that now we talking about between 2
and 5 million dollars they realize that they don't have the capabilities; they don't have the
resources and the know-how to go into this deal, and they agreed with the Mayor and the staff to
let the City take its course in solving this situation in the best interest of the City of Miami.
What I would like to request here from the Mayor is that maybe we should look at the possibility
that in the future we give this developer the opportunity to come up with -- maybe with a smaller
project somewhere in the City of Miami to compensate, because actually, these people have been
working on a false pretense, which isn't the City's fault, OK. The City didn't know about it.
Nobody knew about it, but they've been working in this project for -- since 1988 [sic], so we
talking four years and now, at the end of four years, they don't have anything. They had their
dreams of building these homeowners affordable housing for their agency and now they don't
have anything, so all I'm asking, respectfully, from the Manager from the Mayor and from my
colleagues here at the Commission, is that maybe if you'd be kind enough to consider in the
future, Mr. Manager, find a piece of land where these people can go into a project, maybe a small
scale project that they can handle and they can get through, so I agree with the resolution I'm
here to serve the City of Miami and the best interest of the City of Miami. This should not be a
matter of groups or a matter of interest. This should be a matter of serving the City of Miami,
and I believe that, at this point, the best way to serve the City of Miami is to let the City take
back this piece of land and do whatever we need to do in order to clean it up and in order to do
the development. Thank you.
Chairman Regalado: OK. We have to do two things. First -- yes, Mr. Mayor.
8 June 13, 2002
Mayor Diaz: Just to -- If I may, Mr. Chairman„ just briefly to respond to the Commissioner
Gonzalez's statement. I am absolutely committed to what he just said, in terms of trying to find
some other property that we can try to accommodate a project of the size that they can handle.
This is a very respectable group of some of our most well-known religious leaders on the
community are involved in this process. This is a strong effort on their part to try to create
affordable housing for some of their church members in the area, and I think it's something very
important for that district and for that area, so I am committed 100 percent to doing that.
Chairman Regalado: Thank you. We have to do two things. First, we have to repeal the
resolution. Do we have a motion?
Commissioner Gonzalez: So move.
Commissioner Sanchez: Second.
Chairman Regalado: It's been moved and second.
Alejandro Vilarello (City Attorney): Mr. Chairman„ can I suggest --
Chairman Regalado: Yes.
Mr. Vilarello: -- that it be a rescinding? Rescind the resolution.
Commissioner Gonzalez: Rescinding the resolution.
Chairman Regalado: Yes.
Commissioner Sanchez: Second, as amended.
Chairman Regalado: We have a motion and a second, as amended. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-613
A RESOLUTION OF THE MIAMI CITY COMMISSION VACATING,
RESCINDING AND REPEALING RESOLUTION NO. 00-992 AND
DIRECTING THE CITY MANAGER TO INITIATE A COMPETITIVE
PROCESS FOR THE DISPOSITION OF CITY -OWNED PARCELS
LOCATED AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA, FOR
A DEVELOPMENT PROJECT OF AFFORDABLE HOUSING FOR SALE.
9 June 13, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Regalado: It passes. Now, the second one, you want to hear explanation regarding the
developer -- the Manager -- what is this, Mr. Manager, just a --
Carlos Gimenez (City Manager): I think what you want to here is --
Commissioner Sanchez: Process.
Mr. Gimenez: -- from Bob in terms of who has the expertise to actually help the City clean up
the site and develop the site, and you'll find with this presentation that really were limited to a
very -- really only one local firm so, you know, Bob, if you can just put that on the record.
Commissioner Gonzalez: Before this presentation, Mr. Chairman„ if you'll allow me please?
Chairman Regalado: Go ahead, sir.
Commissioner Gonzalez: I also -- I would like to -- the administration to realize and Mr. Mayor
to know that the fact is that this land was acquired with some funds that only allow
homeownership, low-income homeownership housing to be built there, and in our effort to
develop this land, I would really appreciate that we be looking at companies that are willing to
do homeownership housing because we have an excess of rental units in Allapattah. We having
a lot of problems right now with four projects where -- so, you know, the kind of problems that
we're having in these specific project that I'm going to mention now because I'm trying to work
with the owner of the property to see if I can find some solutions to it. We're getting an average
of 10 calls a night for the Police Department, OK. We're getting between 10 -- then some nights
and weekends, we go up to 15 calls from those apartment buildings, OK. Unfortunately, these
rental units -- the owners, they don't care about having security in the place; they don't care
about maintaining the properties, you know, and all they care is rent the apartments, collect their
rents, and let the community deal with those problems and, you know, I want to make sure that,
first of all, we have to do it because the money came for the sole purpose of acquiring land to do
homeownership development; that's the first issue. The second issue is that we need more
homeownership in Allapattah, people that will be conscientious that those are their property, that
that is something that they want to be paying for themselves to live there, and that's something
10 June 13, 2002
that they have to take care of, and also to establish a solid community involvement type of
neighborhood, so thank you.
Chairman Regalado: OK. We just --yes, sir
Commissioner Teele: Commissioner Gonzalez, I'm really concerned with the questions and the
comments you make. Are you fully briefed on this matter?
Commissioner Gonzalez: Yes, sir.
Commissioner Teele: Are you supporting it?
Commissioner Gonzalez: The -- yes, sir.
Commissioner Teele: I think you need, as the district Commissioner that's impacted, I think you
need to -- I mean, I would hope that, in the future, you would take the lead and tell us where you
are on this because I can tell you the statements of the Manager give me great concern to say
there's only one developer that can do this in the City. I mean, we don't know that. I mean, I'm
willing to say that this developer is qualified. I'm prepared to say that, but the reason for this so-
called competitive process is to determine who is. I've heard the timeline issues and all of that.
Commissioner Gonzalez: Well, I was advised --
Commissioner Teele: I've been in government long enough to know that any time something
comes to the legislative body, it sits from desk to desk to desk and then, at the 13th hour, it comes
up here, and then you've got to either do it, or you're screwing up everything --
Commissioner Gonzalez: It's an emergency.
Commissioner Teele: -- this that and the other and it's an emergency, so --
Commissioner Gonzalez: Right.
Commissioner Teele: -- it's not my intention to vote for this because I think the one thing that
we've got to do here is, we've got to restore back the credibility of government. This whole
issue of giving the City more flexibility in the disposal of property is something, you know, that
I'm in favor of, but I keep saying things have got to be transparent, whether it's an RFP (Request
for Proposals) or an RFQ (Request for Qualifications) or an RFI [sic], you know, I'm -- you
know, you wouldn't be -- you'd be surprised the kinds of machinations that go on over this kind
of issue, so --
Chairman Regalado: Can I ask you something?
Commissioner Teele: -- the only thing that I'm saying here is this: If we're recommending a
specific developer because that's the only developer that can do it, you know, that gives me
cause for great concern.
11 June 13, 2002
Commissioner Gonzalez: Commissioner, when I was briefed on the problem and --
Chairman Regalado: Commissioner, can I ask something because I understood --
Commissioner Teele: I'm going to say for the record, I have not been briefed on the matter by
anybody on the staff, you know, on the Mayor's staff, on the Manager's staff, and all I got is one
vote, and as I see how things are starting to move around here fees, and all of that, I'm telling you
right now. You're getting ready to see a new Arthur Teele because I don't like the direction of
some of this stuff. I really don't.
Chairman Regalado: My understanding, from what I heard -- and you need to clarify this, Mr.
Manager -- is only about the cleanup, not about the development. Is it about the development of
a project and the cleanup?
Mr. Gimenez: Yes, sir. At this point, yes. That's what we're talking -- that's why I'd like to --
you know, get Bob to get on the record. He can say what he wants and then --
Commissioner Teele: Yeah, but, you know, my issue is: This I get paid a dollar a year or
$5,000. I'm not pretending to be accessible to everybody for everything, but somebody ought to
at least make an effort to brief me. I'm not -- all I got is one vote, and my vote is not going to be
taken for granted. I have voted for tax, every fee, everything that this City management has ever
proposed and, you know, I'm getting the back of the hand, so let me just tell you right here, right
now. There is a new day for me. I'm not voting for any taxes, any fees, anything that is not
completely a process that is open and gives everybody the opportunity to compete on it because I
can tell you, once we start doing private deals and once there's only one person -- because there
is no damage in just bidding. If there's only -- if you bid it and there's only one bidder, I'll be
the happiest person to make the motion, but the credibility of this Commission has been hard
earned, and one of the things that the previous Mayor tried to do was say that we were trying to
change the Charter to dispose of land in a way that -- and thank God, you know, that's no longer
the issue, but what I don't want to do is start voting to dispose of land without having any kind of
process because, I mean, I hear about all of these various deals that are being developed from the
lobbyist, not from the staff, or not from the Manager, and all I'm saying is that I will not vote for
any sole source deal that is not advertised or not a part of it. If only one person bids and if only
one person responds I'll be more than happy and you can write the conditions in very tight ways
to dah, dah, dah, dah, dah, but the fact of the matter is, even if it were a 10 -day process to do a
letter of interest, or there's too many different ways to do the competitive process, but I think
when it comes to real estate stuff, if you all are proposing to dispose of land, I want to know
about it before it comes to Commission. I'm not going to be put in the position where I got to
vote for something because that's the only thing in town. I'm just not going to be for it.
Mr. Gimenez: Mr.Chairman.
Chairman Regalado: Yes, sir. Can I say something? Because we really have to do a lot of the
time certains and presentations, and I have the responsibility that you all have given the Mayor to
try to accommodate everybody. This can be a very long debate. Mr. Mayor, I think we have
12 June 13, 2002
already approved a resolution rescinding the past action. Now, is there anything that you want to
offer this Commission in terms of -- to address the concerns of Commissioner Teele and bring
this back in a few days, or late tonight, if that is the case? Because frankly, I didn't -- I thought
that the sole source was only the cleanup, but Manager said no, so Mr. Mayor.
Commissioner Gonzalez: Mr. Chairman„ before -- just for the point of clarifying the statements
that were made by Commissioner Teele. I didn't agree to a specific company doing this kind of
work or anything like that. The only thing that I agreed with the administration was to rescind
this --
Chairman Regalado: Take over the property.
Commissioner Gonzalez: Right. Now I was informed there was only a handful of people in the
entire United States that could do this kind of work and that out of that handful amount of people
that can do this work, some of them were so far away from Miami that they weren't interested in
doing this job and that's why they had one particular company in mind, but that was something
that was suppose to brought up to the Commission and discussed here, and we were suppose to
take some action on it according to whatever the majority of the Commission wishes to do. I
mean, I didn't commit myself to any company. I don't care who cleans it up; I don't care how
it's done I don't care how much it cost, you know. It's up to the City administration; that is
something that is in their hands.
Vice Chairman Winton: Mr. Chairman,.
Chairman Regalado: Yes, sir.
Vice Chairman Winton: The added missing piece -- and even with this added missing piece, I'm
not sure if Commissioner Teele isn't still right. The added missing piece is there's a timing
deadline. In order to apply for this grant -- and the deadline for applying for the grant is July
what?
Mayor Diaz: 9th
Commissioner Gonzalez: July 9th
Vice Chairman Winton: You have to have a developer on board. The City can apply, but we're
told that there's no chance whatsoever that the City will receive the grant without a developer.
That's what's pushing this thing, is this whole timing thing. There are plenty of people out there
that could do the work. It's the timing issue, and the grant's $1,000,000, but I'm not sure, as I sit
thinking about what Commissioner Teele said, you know, I'm not -- you know, I'm -- I think he
could be absolutely right. I mean, we may -- and I applaud the Mayor and the staff and
everybody for jumping on this thing and paying attention to these deadlines and trying to move
things forward, but there may be a bigger issue here, and the bigger issue is what public
perception does -- what kind of public perception we create, what kind of new maybe potentially
damaging standards we create by trying to beat a deadline on something here that is about land,
and these land deals are what always got the City of Miami in the most trouble over the course of
13 June 13, 2002
the past 25 years, so I'm glad that I did have an opportunity, Commissioner Teele, to be briefed
so I guess I understood more about this, but your points are really, really very, very good.
Chairman Regalado: OK. Mr. Mayor, do you want to offer an alternative to what is being
presented here on the second? You have the full support of the Commission on the first issue,
which is rescinding the resolution. It would be very uncomfortable for the City Commission to
vote now on this. Do you want to offer --
Mayor Diaz: Well, let me first address the specific concern raised by Commissioner Teele. If --
as you know, we met last week and part of that -- the basis of that meeting was to brief you on
the issues that were coming up. I suppose we didn't get to that item because we got into a
discussion about a whole series of other items. I did have a list with me, which I briefed the rest
of the Commissioners on apparently during our meeting. It was my oversight that we never got
to that before you left, so I apologize for that piece of it. The problem here is, as Commissioner -
- well, let me address your specific question, Mr. Chairman. If it's the will of the Commission to
develop some sort of a short process, there's no problem. We do have to go through this grand
process. This could be a very serious problem for the City. This is not just about cleaning up.
These kinds of applications and these kinds of projects are very specialized, and Bob can tell
you. He's the expert on this. Because it's not just hiring a company to come and clean up; it's a
package. It's a company that has cleanup as a component, that has financing and capital as a
component. It is a package. Having said that, if you want to go through a short process, we can
certainly go through a short process. I believe we would have to come back at the end of June
anyway to get some sort of approval. This is not -- this would all be subject to having a deal,
with whoever it is, that is acceptable to the Commission, wouldn't it? So we need to come back
anyway.
Commissioner Teele: Is there anything in writing on this?
Mayor Diaz: Is there anything in --
Commissioner Teele: In writing.
Commissioner Sanchez: In writing.
Commissioner Teele: Was there a packet?
Mayor Diaz: A briefing on the issue?
Commissioner Teele: Was there a written packet on this?
Mayor Diaz: Bob, is it?
Chairman Regalado: It's not here. Not here.
Mayor Diaz: Does Bob have it?
14 June 13, 2002
Chairman Regalado: Look --
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: I move that the Mayor's and the Manager's Office be authorized to do a
truncated and expedited competitive process, letters of interest; that it be advertised in all
available papers, and that the matter be returned to the Commission on the 27th for a
recommendation based upon an abbreviated process that is noticed. I would so move.
Vice Chairman Winton: Second.
Chairman Regalado: OK. We have a motion and a second. Mr. Mayor, do you --
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: I want to note for the record that the City of North Miami recently put out
a bid similar to this. There were more lobbyists hired. There were at least three qualified
bidders. The development was a massive development, including residential, et cetera, and I just
want to say for the record that I reject the notion that there's only one bidder that can do this. I
mean, there may be only one that we've talked to, or one that we know about, but I would urge
you to go over and get the City Manager's critique and review. That's a $300,000,000 hazardous
waste site that was on the super fund site, the old (UNINTELLIGIBLE) site, and there were all
kind of local developers; Cherokee was one. In fact, you represented one, Mr. Mayor -- Alliance
was one, Swirlo. There were at least three or four or five companies that were very interested
locally. At least three of them submitted expensive bid packages, went through a very long
process, and there were at least 50 lobbyists hired in the process, so this is the kind of thing that I
think, you know, we want to put out there in the open. We don't want to do it in a way that ties
our hand on other projects that were -- you know, that are going on in discussions around all of
this waterfront property.
Chairman Regalado: OK.
Commissioner Sanchez: Call the question.
Chairman Regalado: Mr. Mayor, you are in agreement with the motion?
Mayor Diaz: That's fine.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
15 June 13, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-614
A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE
MAYOR IN CONDUCTING A TRUNCATED, EXPEDITED, COMPETITIVE
PROCESS, WITH LETTERS OF INTEREST, FOR THE DISPOSITION OF
CITY -OWNED PARCELS LOCATED AT 1700 NORTHWEST 14TH
AVENUE, MIAMI, FLORIDA, FOR THE DEVELOPMENT OF AN
AFFORDABLE HOMEOWNERSHIP PROJECT; FURTHER REQUESTING
THAT THIS BE ADVERTISED IN NEWSPAPERS OF GENERAL
CIRCULATION; FURTHER INSTRUCTING THE MANAGER TO COME
BACK WITH A RECOMMENDATION AT 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: 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.
4. CONSENT AGENDA
Chairman Regalado: We have a time certain, 10 and 30 item, but if we hurry, we can do the
consent agenda. The administration has pulled CA -13. It's some cars that were to be donated to
the El Portal Police Department. Mr. Manager, that's the only thing you want pulled from the
agenda?
Carlos Gimenez (City Manager): Yes, sir.
Chairman Regalado: OK. Anybody on the Commission wants to pull --
Vice Chairman Winton: Yes. I'd like to pull CA -3 and CA -4.
Chairman Regalado: CA -3 --
16 June 13, 2002
Vice Chairman Winton: And CA -4
Chairman Regalado: --and CA -4.
Vice Chairman Winton: And it's the same old arguments I've always made, so no discussion,
just pulling them.
Chairman Regalado: OK. You want this back on the 27th or --
Vice Chairman Winton: That'd be fine.
Chairman Regalado: OK. Any -- on the next agenda, Mr. Manager, and of course, you will brief
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: -- Vice Chairman. Yes, sir.
Commissioner Sanchez: Mr. Chairman, hearing none, I so move the consent agenda.
Chairman Regalado: OK.
Commissioner Gonzalez: Second.
Chairman Regalado: There is a motion and a second. Mr. Cruz.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am comparing some of these -- I
hear 40, 50 -- they always find money, the Manager, and the budget, for the -- all payment -- all
these payments; lawyers and settlements, and all this, and then on Memorial Day, I visit certain
parks of the City, and we still have the same problem, 10, 20 years ago. The bathrooms are
locked. People there in picnics. The taxpayers of my district cannot use the park because the
bathrooms are closed. There are is no money allocated for that, and I give you right away two
people working weekends is not even $20,000 a year part-time, and that's not county $10 an
hour with benefits included; that's not even that. (UNINTELLIGIBLE) like Miami's open
season in the City of Miami, lawyers and settlements and all these, and you see here in your
agenda hundreds of thousands. Cannot they allocate -- and out of that $127,000,000 for the
parks. What the sense to have the parks if we don't have the money for the operation of the
parks? To have the people there to keep those bathrooms open, but you have 200 people at
Duarte Park in picnics and they can't even use the park -- use the bathroom there. That's my --
that I am complaining. I been here complaining about that for many years, and you tell the
administration and they laugh. That money goes to the Fire Department and to the Police
Department. No. Money should go to the taxpayer. We pay for that, for those services.
Chairman Regalado: Thank you. We have a motion and a second on the consent agenda. All in
favor, say "aye."
17 June 13, 2002
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
4.1 ACCEPT BID OF H & J ASPHALT, INC., FOR PROJECT ENTITLED "CITYWIDE
RESURFACING PROJECT FY 2002, B-4648"; ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT; TOTAL ESTIMATED COST $146,800.
RESOLUTION NO. 02-615
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF H & J ASPHALT, INC., THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS, DATED
APRIL 2, 2002, FOR THE PROJECT ENTITLED "CITYWIDE
RESURFACING PROJECT FY 2002, B-4648", IN THE AMOUNT OF
$134,097; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS
PROJECT NO. 341183, AS APPROPRIATED BY THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCES, AS
AMENDED, IN THE AMOUNT OF $134,097 FOR THE CONTRACT COSTS,
AND $12,703 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF
$146,800; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
4.2 ACCEPT BIDS OF INNOVATIVE SURVEILLANCE TECHNOLOGY, INC., AND
SIRCHIE FINGER PRINT LABS, INC., PURSUANT TO INVITATION FOR BIDS NO. 01-
025, FOR PROCUREMENT OF SURVEILLANCE EQUIPMENT FOR DEPARTMENT OF
POLICE, $11,549; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 02-616
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF INNOVATIVE SURVEILLANCE TECHNOLOGY, INC., AND
SIRCHIE FINGER PRINT LABS, INC. THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-
025, DATED FEBRUARY 20, 2002, FOR THE PROCUREMENT OF
SURVEILLANCE EQUIPMENT FOR THE DEPARTMENT OF POLICE, IN
A TOTAL AMOUNT NOT TO EXCEED $11,549; ALLOCATING FUNDS
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003,
SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING."
18 June 13, 2002
4.3 APPROVE PROCUREMENT OF HAND-HELD TOOLS AND HAND HELD POWER
TOOLS FOR BAYFRONT PARK MANAGEMENT TRUST FROM VARIOUS VENDORS,
UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 445-001-99-1, $5,000;
ALLOCATE FUNDS FROM GENERAL OPERATING BUDGET OF TRUST.
RESOLUTION NO. 02-617
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF HAND-HELD TOOLS AND HAND HELD POWER
TOOLS FOR BAYFRONT PARK MANAGEMENT TRUST ("TRUST") FROM
VARIOUS VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT
NO. 445-001-99-1, EFFECTIVE THROUGH OCTOBER 23, 2002, AND ANY
EXTENSIONS, ON AN AS -NEEDED CONTRACT BASIS, IN A TOTAL
ANNUAL AMOUNT NOT TO EXCEED $5,000; ALLOCATING FUNDS
FROM THE GENERAL OPERATING BUDGET OF THE TRUST.
4.4 APPROVE ESTABLISHMENT OF QUALIFIED LIST OF TWENTY-THREE VENDORS
FOR PROVISION OF CITY-WIDE LOT CLEARING SERVICES FOR OFFICE OF
NEIGHBORHOOD ENHANCEMENT TEAM (NET), $350,000; ALLOCATE FUNDS FROM
COMMUNITY DEVELOPMENT 27TH AND 281H YEAR BLOCK GRANTS.
RESOLUTION NO. 02- 618
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE ESTABLISHMENT OF A
QUALIFIED LIST OF TWENTY-THREE VENDORS, AS MORE
PARTICULARLY SET FORTH IN EXHIBIT "A" ATTACHED HERETO,
FOR THE PROVISION OF CITY-WIDE LOT CLEARING SERVICES FOR
THE OFFICE OF NEIGHBORHOOD ENHANCEMENT TEAM ("NET"), ON
AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR,
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $350,000;
ALLOCATING FUNDS FROM THE COMMUNITY DEVELOPMENT 27TH
AND 28TH YEAR BLOCK GRANTS, ACCOUNT CODE
NO. 799135.452709.6.340, FOR THE FIRST YEAR AND SUBJECT TO
AVAILABILITY AND ALLOCATION OF FUNDS FOR SUBSEQUENT
CONTRACT PERIODS; AUTHORIZING THE CITY TO ADD QUALIFIED
LOT CLEARING VENDORS TO THE LIST AS DEEMED NECESSARY.
19 June 13, 2002
4.5 APPROVE LEASE OF CANON MS -400 DIGITAL MICROFILM SCANNER/PRINTER
FOR DEPARTMENT OF POLICE FROM PMI IMAGING SYSTEMS OF FLORIDA, UNDER
EXISTING STATE OF FLORIDA SNAPS AGREEMENT NO. 2502202-2, $8,355;
ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET.
RESOLUTION NO. 02- 619
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
LEASE OF A CANON MS -400 DIGITAL MICROFILM SCANNER/PRINTER
FOR THE DEPARTMENT OF POLICE FROM PMI IMAGING SYSTEMS OF
FLORIDA, UNDER EXISTING STATE OF FLORIDA SNAPS AGREEMENT
NO. 2502202-2, EFFECTIVE UNTIL OCTOBER 4, 2002, AND ANY
EXTENSIONS, FOR A PERIOD OF THIRTY-SIX MONTHS, WITH THE
OPTION TO PURCHASE AT THE END OF THE LEASE PERIOD FOR $1.00,
IN AN ANNUAL AMOUNT NOT TO EXCEED $8,355, PLUS A FIRST
YEAR MAINTENANCE COST OF $800, SUBJECT TO A 5 PERCENT TO 7
PERCENT INCREASE IN THE SECOND AND THIRD YEAR OF THE
LEASE; ALLOCATING FUNDS FROM THE POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 00 1000.290201.6.6 10.
4.6 AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH SPECIAL MASTER MARYANNE LUKACS TO SERVE AS
HEARING OFFICER FOR OFFICE OF NEIGHBORHOOD ENHANCEMENT TEAM (NET)
TO PRESIDE OVER SOLID WASTE SANITATION CODE ENFORCEMENT HEARINGS,
RENDER WRITTEN FINDINGS AND RULINGS, $10,000.
RESOLUTION NO. 02-620
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SPECIAL MASTER MARYANNE LUKACS TO
SERVE AS HEARING OFFICER FOR THE OFFICE OF NEIGHBORHOOD
ENHANCEMENT TEAM ("NET") TO PRESIDE OVER SOLID WASTE
SANITATION CODE ENFORCEMENT HEARINGS AND PROCEEDINGS,
RENDER WRITTEN FINDINGS AND RULINGS, ON AN AS NEEDED
CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION
TO RENEW FOR ONE ADDITIONAL YEAR, IN AN ANNUAL AMOUNT
NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM ACCOUNT
CODE NO. 145001.251113.6.270.
20 June 13, 2002
4.7 AUTHORIZE EXECUTIVE DIRECTOR OF BAYFRONT PARK MANAGEMENT
TRUST TO ENTER INTO COMPETITIVE NEGOTIATIONS AND EXECUTE
PROFESSIONAL SERVICES AGREEMENT WITH FIRM RECOMMENDED BY
EVALUATION COMMITTEE TO PROVIDE EXTERNAL AUDITING SERVICES TO
TRUST, FOR FISCAL YEAR 2002 AND SUBSEQUENT FISCAL YEARS, $30,000;
ALLOCATE FUNDS FROM TRUST'S GENERAL OPERATING BUDGET
RESOLUTION NO. 02- 621
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK
MANAGEMENT TRUST ("TRUST") TO ENTER INTO COMPETITIVE
NEGOTIATIONS AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH A FIRM RECOMMENDED BY AN EVALUATION
COMMITTEE TO PROVIDE EXTERNAL AUDITING SERVICES TO THE
TRUST, FOR FISCAL YEAR 2002 AND SUBSEQUENT FISCAL YEARS,
FOR A PERIOD OF ONE YEAR, WITH AN OPTION TO RENEW FOR ONE
ADDITIONAL YEAR, SUBJECT TO TRUST APPROVAL, IN AN ANNUAL
AMOUNT NOT TO EXCEED $30,000; ALLOCATING FUNDS FROM THE
TRUST'S GENERAL OPERATING BUDGET.
4.8 AUTHORIZE MANAGER TO EXECUTE FIRST AMENDMENT TO VALET PARKING
CONCESSION AGREEMENT BETWEEN BAYFRONT PARK MANAGEMENT TRUST
AND BAYFRONT VALET, L.C., TO AMEND PROVISIONS RELATING TO PAYMENT,
AND ADD ADDITIONAL REQUIREMENT OF GUARANTEE.
RESOLUTION NO. 02-622
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO THE VALET PARKING CONCESSION
AGREEMENT BETWEEN BAYFRONT PARK MANAGEMENT TRUST
AND BAYFRONT VALET, L.C., IN SUBSTANTIALLY THE ATTACHED
FORM, TO AMEND PROVISIONS RELATING TO PAYMENT, AND ADD
AN ADDITIONAL REQUIREMENT OF A GUARANTEE.
21 June 13, 2002
4.9 AUTHORIZE MANAGER TO EXECUTE THIRD AMENDMENT TO USE
AGREEMENT BETWEEN BAYFRONT PARK MANAGEMENT TRUST AND BAYFRONT
VENTURES TO AMEND PROVISIONS RELATING TO PAYMENT, ADD ADDITIONAL
REQUIREMENT OF GUARANTEE, DELETE REQUIREMENT OF LETTER OF CREDIT,
AND PROVIDE FOR EXERCISE OF EXTENSION TERM.
RESOLUTION NO. 02-623
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
THE THIRD AMENDMENT TO USE AGREEMENT BETWEEN
BAYFRONT PARK MANAGEMENT TRUST AND BAYFRONT VENTURES
IN SUBSTANTIALLY THE ATTACHED FORM, TO AMEND PROVISIONS
RELATING TO PAYMENT, ADD AN ADDITIONAL REQUIREMENT OF A
GUARANTEE, DELETE THE REQUIREMENT OF A LETTER OF CREDIT,
AND PROVIDE FOR THE EXERCISE OF THE EXTENSION TERM.
4.10 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT
WITH UNISYS CORPORATION FOR ACQUISITION OF SURETY/EXTENDED
WARRANTEE SUPPORT FOR CITY'S EXCHANGE SERVER CLUSTER, $12,500.
RESOLUTION NO. 02-624
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH UNISYS CORPORATION FOR THE
ACQUISITION OF SURETY/EXTENDED WARRANTEE SUPPORT FOR
THE CITY'S EXCHANGE SERVER CLUSTER FOR A PERIOD OF ONE
YEAR, WITH AN OPTION TO EXTEND FOR ONE YEAR, IN AN ANNUAL
AMOUNT NOT TO EXCEED $12,500; ALLOCATING FUNDS FROM
ACCOUNT CODE NO. 001000.460101.6.670.
22 June 13, 2002
4.11 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF O' CONNOR,
CHIMPOULIS, ET AL. FOR REPRESENTATION OF CITY IN CASE OF ANGEL
ALVAREZ VS. CITY, ET AL., $25,000; ALLOCATE FUNDS FROM SELF-INSURANCE
AND INSURANCE TRUST FUND.
RESOLUTION NO. 02-625
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF O' CONNOR,
CHIMPOULIS, ET AL. FOR REPRESENTATION OF THE CITY OF MIAMI
IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI, ET AL. IN THE
U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
CASE NO. 00 -2151 -CIV -JORDAN, IN THE FURTHER AMOUNT OF $25,000
PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING
FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES.
4.12 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF RONALD J. COHEN,
P.A. FOR REPRESENTATION OF OFFICER AGUSTIN CLEMENTE IN CASE OF
ANGEL ALVAREZ VS. CITY, ET AL., $25,000; ALLOCATE FUNDS FROM
SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 02- 626
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF RONALD J.
COHEN, P.A. FOR REPRESENTATION OF OFFICER AGUSTIN
CLEMENTE IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI,
ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT
OF FLORIDA, CASE NO. 00 -2151 -CIV -JORDAN, IN THE AMOUNT OF
$25,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID
SERVICES.
23 June 13, 2002
4.13 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN &
HARTSON FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH CASE
OF BEDMINSTER SEACOR SERVICES VS. CITY, $130,000; ALLOCATE FUNDS FROM
SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 02-627
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN &
HARTSON FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI
IN CONNECTION WITH THE CASE OF BEDMINSTER SEACOR
SERVICES VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, CASE NO. 98-20458 (CA -32), IN AN
AMOUNT NOT TO EXCEED $130,000, PLUS COSTS AS APPROVED BY
THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.624401.6.661, FOR SAID SERVICES.
4.14 AUTHORIZE DIRECTOR OF FINANCE TO PAY SANDRA AGUTAR, $50,000, IN
COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST CITY, FOR
CASE OF SANDRA AGUTAR VS. CITY; ALLOCATE FUNDS FROM SELF-INSURANCE
AND INSURANCE TRUST FUND.
RESOLUTION NO. 02-628
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY SANDRA AGUTAR, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $50,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE OF SANDRA AGUTAR
VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 00-17516 CA (20), UPON THE EXECUTION OF A GENERAL
RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND
FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFORE FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.652.
24 June 13, 2002
4.15 AUTHORIZE DIRECTOR OF FINANCE TO PAY GUSTAVO A. MURILLO JR.,
GUSTAVO MURILLO SR., RUTH MURILLO, $142,500, IN COMPLETE SETTLEMENT OF
ALL CLAIMS AGAINST CITY FOR CASE OF GUSTAVO A. MURILLO JR., A MINOR,
GUSTAVO MURILLO, SR., AND RUTH MURILLO, VS. CITY, HEINTZELMAN' S TRUCK
CENTER, INC., AND CEDARVILLE MANUFACTURING, INC.; ALLOCATE FUNDS
FROM SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 02- 629
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY GUSTAVO A. MURILLO JR.,
GUSTAVO MURILLO SR., RUTH MURILLO, AS NEXT FRIENDS AND
GUARDIANS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$142,500, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE GUSTAVO MURILLO A. JR., A MINOR, BY AND THROUGH
GUSTAVO MURILLO, SR., AND RUTH MURILLO, AS NEXT FRIENDS
AND GUARDIANS VS. CITY OF MIAMI, HEINTZELMAN' S TRUCK
CENTER, INC. A FLORIDA CORPORATION, AND CEDARVILLE
MANUFACTURING, INC., A FOREIGN CORPORATION, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA, CASE NO. 00-10788 CA (01), UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 515001.624401.6.653.
4.16 CODESIGNATE NORTHWEST 3RD STREET, FROM NORTHWEST 8TH AVENUE TO
NORTHWEST 9TH AVENUE AS "CALLE JOSE COLMENARES".
RESOLUTION NO. 02-630
A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
NORTHWEST 3RD STREET, FROM NORTHWEST 8TH AVENUE TO
NORTHWEST 9TH AVENUE, MIAMI, FLORIDA, AS "CALLE JOSE
COLMENARES"; FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE DESIGNATED OFFICES HEREIN.
25 June 13, 2002
4.17 CODESIGNATE SOUTHWEST 12TH AVENUE AT CORAL WAY AS "AVENIDA
LOURDES AGUILA".
RESOLUTION NO. 02-631
A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
SOUTHWEST 12TH AVENUE AT CORAL WAY, MIAMI, FLORIDA, AS
"AVENIDA LOURDES AGUILA"; FURTHER DIRECTING THE CITY
MANAGER TO INSTRUCT THE CITY CLEKR TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE DESIGNATED OFFICES HEREIN.
4.18 CODESIGNATE NORTHEAST 9TH STREET, FROM MIAMI AVENUE TO BISCAYNE
BOULEVARD AS "NAP OF THE AMERICAS BOULEVARD".
RESOLUTION NO. 02- 632
A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
NORTHEAST 9TH STREET, FROM MIAMI AVENUE TO BISCAYNE
BOULEVARD, MIAMI, FLORIDA, AS "NAP OF THE AMERICAS
BOULEVARD"; FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE DESIGNATED OFFICES HEREIN.
4.19 CODESIGNATE CERTAIN THOROUGHFARES IN HONOR OF CODESIGNATE
CERTAIN THOROUGHFARES IN HONOR OF
RESOLUTION NO. 02-633
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CODESIGNATING CERTAIN THOROUGHFARES IN
HONOR OF FALLEN CITY OF MIAMI POLICE OFFICERS,
FIREFIGHTERS AND EMPLOYEES OF THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, AS MORE PARTICULARLY SET FORTH
IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED; FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED
OFFICES HEREIN.
26 June 13, 2002
4.20 CODESIGNATE SOUTHWEST 27TH STREET, FROM SOUTHWEST 37TH AVENUE
TO SOUTHWEST 36TH AVENUE, AS "JOHN V. SWEETING SR. WAY".
RESOLUTION NO. 02- 634
A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
SOUTHWEST 27TH STREET, FROM SOUTHWEST 37TH AVENUE TO
SOUTHWEST 36TH AVENUE, AS "JOHN V. SWEETING SR. WAY";
FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
DESIGNATED OFFICES HEREIN.
4.21 CODESIGNATE SOUTHWEST 1sT STREET, FROM SOUTHWEST 22ND AVENUE TO
SOUTHWEST 18TH COURT, AS CALLE GERARDO T"ON".
RESOLUTION NO. 02- 635
A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
SOUTHWEST 1 ST STREET, FROM SOUTHWEST 22ND AVENUE TO
SOUTHWEST 18TH COURT, AS CALLE GERARDO T"ON"; FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED
OFFICES HEREIN.
4.22 CODESIGNATE NORTHEAST 21ST STREET, FROM BISCAYNE BOULEVARD TO
BISCAYNE BAY, AS "BRYAN O. WALSH WAY".
RESOLUTION NO. 02- 636
A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
NORTHEAST 21ST STREET, FROM BISCAYNE BOULEVARD TO
BISCAYNE BAY, AS "BRYAN O. WALSH WAY"; FURTHER DIRECTING
THE CITY MANAGER TO INSTRUCT THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICES
HEREIN.
4.23 ACCEPT REPORT FROM CIVIL SERVICE BOARD.
MOTION NO. 02- 637
A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD.
27 June 13, 2002
4.24 ACCEPT REPORT FROM MANAGER REGARDING COMMISSION DIRECTNES.
MOTION NO. 02- 638
A MOTION ACCEPTING A REPORT FROM THE CITY MANAGER
REGARDING COMMISSION DIRECTIVES.
5. BRIEF COMMENTS ON PRESENTATION OF FEC CORRIDOR STRATEGIC
REDEVELOPMENT PLAN. (See #7)
Chairman Regalado: It's --
Carlos Gimenez (City Manager): Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Gimenez: I have a correction. I think on your sheet it says that we were going to be
withdrawing Item Number 20. I'd like to get -- when it comes to it, I'd like to have it heard.
Also, Item Number 42, I'd like to defer that to the next meeting, which is a time certain for 10
o'clock. The people that were to be here, they've been advised that it'll be at the next meeting.
Chairman Regalado: Item 42.
Mr. Gimenez: That's right. Correct, sir.
Chairman Regalado: That's the --
Mr. Gimenez: The item on the consortium
Chairman Regalado: Oh, OK, no problem, so we have a time certain on -- at10:30. It's Item 5 to
5H. It's the FEC (Florida East Coast) Corridor. You all want to do this or you want --
Vice Chairman Winton: Yes.
Chairman Regalado: You want to do this? OK.
Vice Chairman Winton: Absolutely.
Chairman Regalado: Just a reminder, we need to be back here at 2:30. We have a time certain
by Commissioner Sanchez on a public hearing, and then in the afternoon, we do have a lot of
time certain, so just for your information, you're going to be chairing, Mr. Vice Chairman, when
I leave at a quarter to noon, so you know that we need to be here at 2:30 in the afternoon, so --
Commissioner Teele: Commissioner Winton -- Mr. Chairman.
28 June 13, 2002
Chairman Regalado: Yes, sir.
Commissioner Teele: Commissioner Winton, this item is going to take a little time, and I think
we should hear this now, but before we do, I would ask if there's something that Commissioner
Regalado would take -- want to take up before lunch, that he be allowed to take those items up --
Vice Chairman Winton: Sure, absolutely.
Commissioner Teele: -- so that we don't -- if we go long, we don't wind up having to truncate.
Vice Chairman Winton: And we're hoping that we don't go into lunch, so -- but I accept that
suggestion.
6. DIRECT MANAGER AND CITY ATTORNEY TO HIRE INDEPENDENT COUNSEL
WHO IS TAX EXPERT TO WORK WITH CITY'S EXTERNAL AUDITOR IN ORDER TO
REVIEW/MODIFY FORMER MAYOR CAROLLO' S W-2 FORM FOR YEARS 1997, 1998
AND 1999 TO COMPLY WITH IRS CODE AND REQUEST PARTIES TO COME BACK
WITH SERIES OF RECOMMENDATIONS THAT COMPLY WITH TAX CODE.
Chairman Regalado: OK. Thank you very much. I'll be very brief on this item. I'm deferring
the presentation concerning the Holiday Village. They met with the Mayor; they want to meet
with all Commissioners. I am deferring the discussion concerning the criteria to conduct written
and oral exams with Spanish speaking individual in the City of Miami; also, the mega concert --
the proposal on the mega concert to the next meeting, so I do have one item. I will try to be
brief. September 25th of last year, there was a discussion by the City Commission regarding
retirement benefits for elected officials and City employees and we had Senator Ron Silver here
and he addressed this issue. I was absent at that time and I've looked at the minutes, and without
taking your time and discussing in detail, I -- we soon find out that the former Mayor was getting
a pension that is above the salary that he was assigned by the City Commission. Salary assigned
by the City Commission to the Mayor was $97,000, and the pension is $112,000. That is an
anomaly. It's something that cannot be explained, and I did some work. I worked with the City
Attorney, the City Manager and there are some issues. One of the issues is that the way that this
was brought to the Commission was not clear, and the second is that what was done to make this
number a reality was incorrect. I have here the IRS (Internal Revenue Service) code regarding
pension, and it says, "Under the doctrine of constructive received the taxpayer may not turn his
back upon income and, thereby, select the year for which he will report it; nor may a taxpayer,
by a private agreement, postpone receipt of income from one taxable year to another." What this
means is that what was done to bring the pension of the former Mayor to the level has that it
(UNINTELLIGIBLE) is incorrect, and this morning, I would like to correct this, and it will be
very simple. There is a method which we can do this without going into the whole pension,
without going into the benefits of the employees and debating whatever measures were taken in
the process that was presented to you regarding these changes in the ordinance, and this is by
modifying the W-2 form of the former Mayor, and it's very simple. According to IRS code, the
placement of the lump sum of more than $38,000 in the first year that he started getting the
higher salary is incorrect. It cannot be done. It has to be fixed, so -- and by the way, I have here
29 June 13, 2002
a memo from Sue Weller to Donald Warshaw regarding the weeks and weeks of conversations
with the former Mayor relating to the back pay and the need -- that to resolve this issue, so what
I'm proposing here to the City Commission is a resolution directing the City Attorney and the
City Manager to amend the W-2 forms of the former Mayor for the years `97, `98 and `99. By
doing that, we will be compliant with the Internal Revenue Service code, and by doing that, yes,
the pension will go down because he will take for one year what was placed incorrectly or
illegally in that year.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: For the sole purpose of discussion, I second the motion.
Commissioner Sanchez: Discussion.
Chairman Regalado: Thank you, sir.
Commissioner Sanchez: Discussion.
Commissioner Teele: For discussion. Mr. Chairman, I am very uncomfortable with the motion,
as stated. If the motion were to instruct the Manager and the Attorney and further require the
Attorney to hire an independent outside counsel who is a tax expert --
Chairman Regalado: Excuse me.
Commissioner Teele: --the further --
Chairman Regalado: That's included in the motion, I neglected to say.
Commissioner Teele: And to further instruct the Manager to bring in the external auditor, and
for the parties to come back with a range of options and recommendations at the next meeting; I
would be more than happy to support it. For us to make a finding on matters, quite candidly, that
are very complicated, that ultimately would go to court -- I mean, let's face it. If the great former
Mayor won't do anything, he will go to court and so, you know -- and you don't have to beat me
twice in court to know that if I'm going to go to court, I want to have all of the facts and all of the
law on our side. Now, I want to make one gratuitous statement. I will not support changing
Mayor Carollo's retirement in any way, shape or form, no matter what the lawyers read, if he
were to do the right thing by his wife. Let me just be very candid. The Mayor got a windfall; he
got a break. A lot of people get breaks in life, but if you get a break, you should share a break
and, in my judgment -- not getting into anybody's personal relationship -- a spouse should be
treated -- especially in the conduct of spouses of public officials -- should be given every benefit
of every doubt, and I was appalled to see and learn of the litigation that was a very personal
litigation but very public. I can read the newspaper like everybody else and I can comment on
what I read. If this matter were to be resolved in which the Mayor and his wife reach an
amicable agreement, I'm not going to support anything because I want to see the Mayor's family
30 June 13, 2002
and the Mayor's children have the same opportunities that every other child in this community
should have, but this is not about them at this point. This is about his W-2, and I'm not going to
look just at the W-2 issue. I'm going to look at who the beneficiary is. I think Chairman
Regalado has a valid point. I think this point is underscored by failures of our external auditor,
and whether or not our Finance Department should assault a policy determination and judgment;
whether or not the Manager should have advised the Commission of all of these things; whether
or not the City Attorney was aware of this tremendous windfall that we all voted, unbeknownst
to us, that we were doing this. There's a series of things here that, perhaps, have gone wrong,
but I don't want to review any of those things. The only thing that I would like to do, Mr.
Chairman, is ask that you modify your motion to allow the Attorney to bring in an objective tax
lawyer expert and that the Manager bring in the external auditor, and that the four of them --
those parties, the Manager's Office, the Attorney's Office, the outside Attorney and the external
auditor, bring back to us at the next Commission meeting, or as soon there -- practical, a series of
recommendations that -- within the tax law and within the tax code and within the tradition and
custom should be provided, but again, Mr. Chairman, I don't want to in anyway sidetrack what it
is you're trying to do. I'm only trying to make sure that if we vote on this matter, we have all of
the information before us at the time of the vote.
Vice Chairman Winton: Who moved the motion?
Commissioner Teele: The Chairman moved.
Chairman Regalado: No. I --
Vice Chairman Winton: OK, so I'll -- Mr. Chairman, would you like me to chair this while you -
Chairman Regalado: Yes, yes, absolutely.
Vice Chairman Winton: You made the motion. We have --
Commissioner Sanchez: Well, I --
Vice Chairman Winton: -- we have --
Commissioner Sanchez: I would like --
Vice Chairman Winton: Excuse me. Hold on. We have an amendment to the motion, and does
the maker of the motion accept the amendment to the motion?
Chairman Regalado: I -- Mr. Chairman, I would like first to listen to Commissioner Sanchez --
Vice Chairman Winton: Fine.
Chairman Regalado: -- and then --
31 June 13, 2002
Vice Chairman Winton: Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Vice Chairman. First of all, there's a big difference
between perception and reality. Perception here is that he's getting more than he deserves.
Reality is that there was an ordinance that allowed him to do what he did. The thing here is that,
first of all, we shouldn't get into it in the concept of being personal. It is -- if we're going to
change the law -- and we could do that because it's a policy issue -- to amend that ordinance so
this does not ever happen again. I think those are the steps that we need to take here because the
ordinance itself that was passed entitles him to do that. Whether many things went wrong along
the way -- well, now we have the right and we have the ability to sit here as the legislative body
and correct that, and I think that the appropriate thing to do is not go after the man as a personal
issue or bring in the things that he's going through in his personal life, but it's to correct that
ordinance so this thing never happens again.
Chairman Regalado: OK. Mr. Chairman, let me respond. First of all, this is not personal. This
is about my inability to explain to the residents and the taxpayers that I represent that the City of
Miami is very gracious with their money, and that there is one person or maybe two persons --
but in this case because it has been publicized, there is one person that makes more money not
working than when he was working. That's my first concern. Whether the name is this and that,
it does not matter. I would have done the same with another name. First of all --
Vice Chairman Winton: Mr. Chairman.
Chairman Regalado: Yes, sir.
Vice Chairman Winton: I think there's been a fair amount of debate about this. We started this
almost 20 minutes ago.
Chairman Regalado: Right. I'll be --
Vice Chairman Winton: We have a lot of people in the audience.
Chairman Regalado: I'll be very brief. I'll be very brief. Second --
Vice Chairman Winton: I think we're ready to vote also, so --
Chairman Regalado: Yeah. Second, the reason that I did this is because what was presented to
this Commission was wrong, was illegal, and according to the tax code, what was presented to
this Commission was something that should not have been presented, so this is not about the
future. This is about rectifying something that a lack of information given to -- for my
colleagues at that time will cost, in the next 20 years to the taxpayers of Miami, $850,000, in the
next 20 years, so to end this debate, my motion is to request from the City Attorney and the City
Manager to -- for the City Attorney -- and by the way, he suggested that yesterday when we met
to hire a tax attorney to amend according not -- and listen, according not to IRS, this cannot be
done so my motion is for the City Attorney to hire a tax attorney to determine how we change
the W-2, and the City Manager -- of course, the City Manager and the Finance Department to
32 June 13, 2002
bring back on the next Commission meeting the information. If all the calculation that the City
Attorney did with me yesterday, the taxpayers of Miami will not have to pay, beginning maybe
two or maybe three months, $28,000 more than what is allowed by law, so that would be my
motion, Mr. Vice Chair.
Vice Chairman Winton: So you're modifying your motion; the maker of the second accepts the
modification of the motion. OK. Is that yes?
Commissioner Teele: Yes, sir.
Vice Chairman Winton: OK.
Commissioner Teele: Mr. Chairman, I just want to say one thing. This thing is getting very
complicated and it's not nearly as complicated. It's this simple: If a person doesn't get their W-2
for a year ending and the month of November and December are not included, subsequently, an
employer decides to pay them retroactively for November and December should that -- those two
months be calculated in that year and the W-2 be amended to that year, or should it be carried
forward in the year that it is received and calculated in that.
Vice Chairman Winton: But your point was the right point. We're not prepared nor --
Commissioner Teele: But I don't want somebody to say it's illegal because the question is it was
a management decision by somebody in the Finance Department somewhere down the line not to
amend the W-2 and to add it to an old W -- to the current W-2, and I think either interpretation is
a reasonable interpretation.
Vice Chairman Winton: But we will find out from a tax attorney who's going to tell us what our
options are and whether that was reasonable, unreasonable, legal or illegal.
Commissioner Teele: With the external auditor.
Vice Chairman Winton: That's correct, so Commissioner Sanchez --
Commissioner Teele: I would second the motion.
Vice Chairman Winton: Commissioner Gonzalez.
Commissioner Sanchez: Mr. Vice Chairman, the other issue -- the appropriate action that we
should take is to amend that ordinance to make sure that the lump sum is not applied to this
thing.
Vice Chairman Winton: So that's a future action we can take, so bring that back. Commissioner
Gonzalez.
Commissioner Gonzalez: Yes, Mr. Chairman. OK. It has been said that this was an illegal
action, that whatever was done here was improper and was illegal. The comments of the voters
33 June 13, 2002
out there is exactly what Commissioner Regalado mentioned, that a public servant should not
make more as a retiree than what he was making as an employee, OK, so I believe that we all
agree with that, but if the action that we're taking back in September was wrong, what my idea is
on what I believe we should do is rescind the entire resolution of September and then come up
with a fair process so the ex -Mayor can get his retirement as everybody else, based on the salary
that he was making based on the percentage of -- that he was supposed to get, the years of
service and he saves -- whatever formula you use. I don't think I will ever get a retirement as a
City employee, so I'm not so concerned about it, and I haven't been involved in trying to find
out, but I believe that the proper procedure should be rescind that ordinance or -- and then just let
the ex -Mayor get his pension as any other employee based on his $97,000 salary and strictly that.
Vice Chairman Winton: And we --
Commissioner Gonzalez: Based on the percentage of time served and his age.
Vice Chairman Winton: We will have all those options available as soon as this information
comes to that. Mr. City Attorney last comment.
Alejandro Vilarello (City Attorney): Mr. Chairman, to address Commissioner Sanchez's
concern, the Mayor had proposed an amendment to the ordinance -- he's not here -- that would
address your issue going forward with regard to the elected officials' retirement ordinance and
the Mayor's salary. I assume he'll present that sometime later today. I didn't want to address
that, and Commissioner Gonzalez, we'll include your -- I had some significant legal concerns
with regard to your suggestion, but we'll include that in the analysis when we come back to you
and report to you at the next available meeting.
Commissioner Sanchez: We're ready. Come on.
Commissioner Teele: Call the question.
Vice Chairman Winton: Yes. We have a motion and a second. Any further discussion?
Chairman Regalado: Roll call.
Vice Chairman Winton: OK. Roll call. Madam City Clerk, please call the roll.
Commissioner Gonzalez: So I can understand the motion that we're voting on. We're voting
just on getting a consultant tax -- a tax --
Vice Chairman Winton: Tax attorney.
Commissioner Gonzalez: -- attorney, OK.
Chairman Regalado: Commissioner, the motion is directing the City Attorney to hire a tax
lawyer to get with the City Manager to see --
34 June 13, 2002
Vice Chairman Winton: And the outside auditor.
Commissioner Teele: External auditor.
Commissioner Gonzalez: External auditor.
Chairman Regalado: -- and the external auditor to modify the W-2 form and to bring back the
results, the economic impact of the method of modification to the W-2 form. That is the motion.
Commissioner Gonzalez: All right.
Chairman Regalado: Roll call.
Vice Chairman Winton: Roll call.
The following motion was introduced by Chairman Regalado, who moved for its adoption:
MOTION NO. 02-639
A MOTION DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO
HIRE AN INDEPENDENT COUNSEL WHO IS A TAX EXPERT TO WORK
WITH THE CITY'S EXTERNAL AUDITOR IN ORDER TO
REVIEW/MODIFY FORMER MAYOR CAROLLO' S W-2 FORM FOR THE
YEARS 1997, 1998 AND 1999 TO COMPLY WITH THE IRS CODE AND
FURTHER REQUESTING THE PARTIES TO COME BACK WITH A SERIES
OF RECOMMENDATIONS THAT COMPLY WITH THE TAX CODE AT
THE NEXT SCHEDULED COMMISSION MEETING OR AS SOON AS
PRACTICAL.
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.
Vice Chairman Winton: Mr. Cox, you want to say something real quick?
35 June 13, 2002
Charlie Cox: Yes, I do. Charlie Cox, 4011 West Flagler Street, Miami, General Employees
Association Union President. The only thing I'd like to do is set the record straight. Senator
Silver is the Attorney for the Miami General Sanitation Employees. He is not the attorney for
the elected officials, elected officials pension plan, nor are the elected officials in the general
employees pension plan, nor do your rules apply to what we get, OK?
Chairman Regalado: Thank you.
Mr. Cox: Senator Silver is not in your plan.
Chairman Regalado: Right, but --
Vice Chairman Winton: Thank you.
Chairman Regalado: OK. Mr. --
Commissioner Gonzalez: Charlie, excuse me. So what you're trying to say is that whatever
action we take, it won't affect the people you represent; is that correct?
Mr. Cox: No. Nor --
Chairman Regalado: No. He just was mention --
Mr. Cox: -- and he spoke --
Chairman Regalado: No, because I spoke about Senator Silver, but --
Mr. Cox: -- and Senator Silver spoke on the other issue of Frank the executive --
Chairman Regalado: Right.
Mr. Cox: -- on this --
Chairman Regalado: OK.
Mr. Cox: -- on the general employees.
36 June 13, 2002
7. APPROVE ADMINISTRATION'S REPORT ON FLORIDA EAST COAST (FEC)
CORRIDOR STRATEGIC DEVELOPMENT PLAN. (See #5)
ADOPT FLORIDA EAST COAST (FEC) RAILWAY CORRIDOR STRATEGIC
REDEVELOPMENT PLAN AS GUIDING TOOL FOR FUTURE DEVELOPMENT AND
PRESERVATION OF FEC CORRIDOR.
DIRECT MANAGER TO COMMENCE MAJOR IMPLEMENTATION INITIATIVES,
SPECIFICALLY RELATED TO TRANSPORTATION, AS RECOMMENDED IN ADOPTED
FLORIDA EAST COAST (FEC) RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT
PLAN.
DIRECT MANAGER TO COMMENCE MAJOR IMPLEMENTATION INITIATIVES,
SPECIFICALLY RELATED TO STREETSCAPE AND OPEN SPACE, AS RECOMMENDED
IN ADOPTED FLORIDA EAST COAST (FEC) RAILWAY CORRIDOR STRATEGIC
REDEVELOPMENT PLAN.
DIRECT MANAGER TO COMMENCE MAJOR IMPLEMENTATION INITIATIVES,
SPECIFICALLY RELATED TO ECONOMIC DEVELOPMENT, AS RECOMMENDED IN
ADOPTED FLORIDA EAST COAST (FEC) RAILWAY CORRIDOR STRATEGIC
REDEVELOPMENT PLAN.
DIRECT MANAGER TO COMMENCE MAJOR IMPLEMENTATION INITIATIVES,
SPECIFICALLY RELATED TO HOUSING, AS RECOMMENDED IN ADOPTED FLORIDA
EAST COAST (FEC) RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN.
DIRECT MANAGER TO COMMENCE MAJOR IMPLEMENTATION INITIATIVES,
SPECIFICALLY RELATED TO PLANNING AND ZONING, AS RECOMMENDED IN
ADOPTED FLORIDA EAST COAST (FEC) RAILWAY CORRIDOR STRATEGIC
REDEVELOPMENT PLAN.
DIRECT MANAGER TO COMMENCE MAJOR IMPLEMENTATION INITIATIVES,
SPECIFICALLY RELATED TO HISTORIC PRESERVATION AND NEIGHBORHOOD
CONSERVATION, AS RECOMMENDED IN ADOPTED FLORIDA EAST COAST (FEC)
RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN.
DIRECT MANAGER TO COMMENCE MAJOR IMPLEMENTATION INITIATIVES,
SPECIFICALLY RELATED TO IDENTIFYING AND ALLOCATING FUNDING TO
SUPPORT SAID INITIATIVES, AS RECOMMENDED IN ADOPTED FLORIDA EAST
COAST (FEC) RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN.
DIRECT MANAGER TO APPOINT CITY STAFF PROJECT MANAGER FOR
IMPLEMENTING FLORIDA EAST COAST (FEC) RAILWAY CORRIDOR STRATEGIC
REDEVELOPMENT PLAN; RECOMMEND THAT SAID APPOINTEE BE PART OF
HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND TEAM.
DIRECT MANAGER TO CREATE INTERNAL FLORIDA EAST COAST (FEC) WORKING
GROUP CHAIRED BY DISTRICT TWO CITY COMMISSIONER TO MONITOR ON
MONTHLY OR PERIODIC BASIS, PROGRESS OF REPORT ON FEC. (See #10).
Chairman Regalado: FEC (Florida East Coast) Corridor presentation. Go head, Mr. Vice
Chairman, it's your item.
37 June 13, 2002
Vice Chairman Winton: Thank you very much, Mr. Chairman. As you all know -- I guess
everybody, except Commissioner Gonzalez -- we started a process over two years ago to develop
a comprehensive master plan for what we're calling the FEC Corridor area. The rough study
area -- the boundaries of that rough study area are roughly I-395 to the south, I-95 to the west,
the railroad tracks to the east, and the northern limits of the City of Miami to the north, so we've
been working for over two years at developing this new master plan, and I would like to, as a
first step, recognize a number of people who are instrumental in making this happen, and the first
person that I have to recognize is Commissioner Teele because, as usual, you know, I'll come in
here with some sort of idea and Commissioner Teele always knows how to turn that idea into
political reality, and it was his guidance after I was talking to him just about kind of the mess --
but the mess ought to be the beauty of our City, a great opportunity. He's the one that put the
real frame around. How we could move forward and make this happen. Commissioner Teele,
again, thank you very much for your continued brilliant strategic thinking that always allows us
to get these kinds of things done. I would also like to thank Congresswoman Meek, who helped
us get $100,000 EDA (Economic Development Administration) grant to make this happen, and
I'd like to thank Brian Finnie from the Empowerment Zone Trust, who put $74,000 into this. In
addition, I would like to recognize the original task force members who helped -- who spent a
tremendous amount of time kind of putting the framework around the initial steps that would
allow us to move forward with an in-depth study, and I think some of them were here but I see
that they've gone. We had Mr. Ford Gibson and Rafael Rodon from Codina Group, Jim Murley,
Director of FIU/FAU Joint Center for Urban Environmental Problems, Charles Wellon, an aide
to Congresswoman Meek was at all of our original meetings, Jaime Canaves from the FIU
School of Architecture, Ray Jones from Florida East Coast Railroad, Jim Rivers, the Director of
the FIU Metropolitan Center, Bernice Butler from the Collins Center, Mark Buchbinder, Miami
Dade HUD (Housing and Urban Development), Brian Finnie from -- at the time, from the
Empowerment Zone Trust, Larry Mizrach, a real estate broker with Mizrach Realty Associates,
Craig Robbins of Dacra, David Dohlstrom South Florida Regional Planning Council, Marina
Khoury from Duany & Plater-Zyberk, Mark Warner from Miami -Dade County Planning and
Zoning, Benjamin Finzi from EPIK Communications, Chuck Towsley from the Port of Miami,
Claire Vicary representing the (UNINTELLIGIBLE), and Dean Ron Berkman from Florida
International University, and there's probably some people I'm leaving off, but for all of you who
spent a tremendous amount of time early on helping us get our arms around this whole gigantic
area to set the framework for the consultants to come in and do the -- to do the real planning part
of it, thank you all very much for all of your hard work, and those of you that I mentioned who
are in the audience, would you please stand so that we can recognize you here today? Don't be
bashful. Stand up. Thank you.
(APPLAUSE)
Vice Chairman Winton: With that, I would like to introduce Arleen Weintraub, the Director of
the City of Miami's Real Estate and Economic Development Department, who's going to give
you a very brief history on this project, and then we'll move forward. Thank you.
Arleen Weintraub: Thank you. Arleen Weintraub, Director of the Department of Real Estate
and Economic Development. As Commissioner Winton has already mentioned, this is a very --
day that we're very pleased to be here after a two-year effort today. It began with the creation of
38 June 13, 2002
the FEC Corridor Task Force in February 2000. The task force was comprised of some of those
already acknowledged including other stakeholders, business leaders, developers and community
nonprofit organizations, and assisted by the City of Miami Department of Planning and Zoning
along with our department, Real Estate and Economic Development. The mission of the task
force was to identify, facilitate and promote redevelopment opportunities in the FEC Corridor
within the context of creating and preserving a livable community. These efforts resulted in a
generation of a report that was called "Findings and Recommendations" in September of 2000.
This report served as an important input to the final study, as well as laid the groundwork and the
basis for obtaining grants successfully. In February 2001, with the assistance of the FIU
Metropolitan Center, there were a series of community workshops and, in fact, they were called
"Community Conversations." They were held in Little Haiti, Wynwood, and Edgewater to
introduce the project and to begin to gather input for the redevelopment concepts that would find
their way through the plan and into the final redevelopment strategy. In March 2001, the City
was awarded an Economic Development Administration Grant, a strategic planning grant in the
amount of $100,000. In March 2001, the City was awarded additional support from the
Empowerment Trust in the amount of 74,000, and then the City of Miami added an additional
$200,000 that funded a contract that the City entered into with the FIU Metropolitan Center to
produce the redevelopment plan that you're going to see today. Along with the FIU
Metropolitan Center, they hired sub -consultants Neisen Kasdin, (UNINTELLIGIBLE) who
worked on the overall transportation redevelopment strategy and Bernard Zyscovich from
Zyscovich Incorporated, who worked on the neighborhood redevelopment strategies. The study
effort went on since that time and in May, just last month, it was successfully completed after
another series of neighborhood and community workshops and it was unanimously and
enthusiastically adopted by our Planning Advisory Board on May 29, and with that, we'll turn it
over to our Commissioner Winton.
Vice Chairman Winton: Thank you. I would also like to recognize Emilio Vasquez, who's an
aide from United States Senator Bill Nelson's office, sitting right here. Thank you very much for
coming. We've had a great deal of contact with Senator Nelson's office also, as it relates
directly to this zone about home ownership, so thank you very much for coming, and with that,
I'd like to introduce to you Dr. Ned Murray, who's the principal investigator and is with the
Florida International University Metropolitan Center who will kick this thing off. Ned.
Ned Murray: Thank you, Commissioner, and thank you, Commissioner Teele and the fellow
Commissioners. Good morning. I would also like to acknowledge and thank the many folks
who worked on this plan with us through the last two years. I'll forego most of that though
because it's all listed in the acknowledgement page of the plan, and it's quite an extensive
acknowledgement, but I would like to so that, in additional to the Commissioners, the staff and
the community that participated in this process were outstanding and we really want to thank
them upfront. Let me first introduce our project team our study team that's with me today.
Bernard Zyscovich to my right will be handling part of the PowerPoint presentation with me,
along with Neisen Kasdin, who's already been mentioned. I believe Claire Vicary is also in the
audience today. Raymond Sue from Telesis is not here today, but he was one of the other
remaining members of the study team. I would also like to recognize our dean, Dean Berkman,
from the FIU College of Health and Urban Affairs, whose concept flooded Downtown
Metropolitan Center has been in place now for four years, and he's been a strong supporter of
39 June 13, 2002
this planning effort, and I want to thank him for that. I thought the most effective way to begin
the presentation would be to actually go through the organization of the plan itself. It's a very
large plan with appendices and attachments, and the easiest way to go through that -- and the
following subsequent slides will help explain a lot of that -- is to go through the actual
organization of the plan and the structure of the plan itself. The plan begins with existing
conditions, which include, of course, the project boundaries, the land use patter, the economy,
the traffic circulation, and the open space and recreation resources within the FEC Corridor.
This is followed by the project analysis, which includes the guiding redevelopment principles
that were followed throughout the planning process, the economic assessment, which involved a
utilization of the competitive advantage model for this project and a market and redevelopment
potential analysis of the corridor. The next section deals with the overall redevelopment
strategies, which we'll get into more specifically later, as well as the neighborhood
redevelopment strategies that Bernard Zyscovich will be going through in several minutes as
well. The plan ends with a number of redevelopment action steps, which essentially
recommended funding, administrative and regulatory recommendations to implement the plan in
an effective and timely manner, and those will be discussed as we go through the process, as
well, this morning. The appendix there were three including the zoning recommendations and
the attachments there are also 3, including an economic assessment, a transportation assessment,
and an open space and parks assessment. As was mentioned, this plan was driven by an
economic development grant and it really was an economic redevelopment plan that was
anticipated by the Commissioners and the task force members, so a lot of attention was given to
economic factors and the economic underpinnings that could support this redevelopment effort,
including the fact that we were dealing with over 2,000 contiguous acres, which, as we all know,
is quite an unprecedented opportunity for any City within this country. The fact that we were
dealing with over 20,000 job losses within the decade of the `80's and `90's the fact that we did
have ongoing or existing public and private reinvestment activity occurring within the FEC
Corridor, mainly within the design media and garment districts, and one thing which we
determined through the process was that we actually had a number of growing manufacturing
sectors right within the FEC Corridor and nearby, including the custom metals, custom furniture,
and expanding plastics manufacturing sector. One thing we noted through the assessment
process was that Miami -Dade actually has the larges cluster of concentration of plastics firms in
the state of Florida. Essentially, 247 of those firms located within central Miami Dade. We
think that this industry, particularly, it's high wages, averaging over $30,000 per year, it's the
type of manufacturing sector that we'd want to look at, in addition to the furniture and the metal
sectors. As I mentioned, the plan was -- consisted of a number of guiding redevelopment
principles, which Bernard will get into. These guiding redevelopment principles, including
diverse and sustainable economy, mixed use development, a balanced and integrated
transportation system, and a spectrum of housing choice and opportunity are laid out within the
framework of the overall strategies, as well as the neighborhood strategies that Bernard and Lisa
will get into more specifically. As I mentioned, we utilized the competitive advantage model.
The competitive advantage model, as many of you know, looks at a particular location whether it
be a City, whether it be an inner City neighborhood, or whether it be a region, and looks at
essentially the economic capacity of that area, both in terms of its assets and deficiencies, and we
came up with a number of advantages in the early assessment, including the fact that the FEC
Corridor has this distinct proximity to the downtown and other employment centers; the fact that
the -- the proximity to major and minor transportation arterials; the fact that we have recognized
40 June 13, 2002
the known City districts. I mentioned the Design District, the Media District. Well, you also
have the garment district and, of course, Little Haiti. The fact that we had a large 55-acre parcel
under one -- under single ownership within the FEC Buena Vista site began as somewhat of a
downside of the plan but turned into a real opportunity down the road. An inventory of industrial
property is a very important competitive advantage for the FEC Corridor; of course, once again,
proximity in this case to Biscayne Bay and Miami Beach, but along with competitive advantages,
we also had disadvantages that we needed to address in the plan, and those included a
fragmented land use pattern, the absence of a functional, integrated mass transit system, the lack
of connectivity between neighborhoods and downtowns, a shrinking inventory of industrial land
and buildings, decaying and inadequate public infrastructure, and inadequate water and sanitary
sewer service. The overall redevelopment strategies that we've developed essentially consists of
four elements: Economic development, housing, transportation, streetscape and open space. I
am going to speak briefly on economic development, housing, and streetscape. I'm going to
defer to Neisen Kasdin, in several moments, to discuss the transportation piece in more detail
because we believe the transportation element is really front and center to this whole study. The
economic development components, the overall strategy, includes the implementation of the
concept areas. The implementation of the concept areas, which Bernard will be discussing, these
are essentially the catalytic or the demonstration projects that are being proposed within the plan.
The idea of a manufacturing retention expansion strategy for the -- particularly, the Wynwood
and Little Haiti areas, the support of an integrated transportation system, expansion of the retail
sector -- as the map shows, we found a real paucity of high-end retail within the corridor within
one-, three-, and five-mile radius of the FEC Corridor, and the development of a marketing plan,
a City-led marketing plan to promote the FEC Corridor plan itself. The housing section consists
of four or, shall I say, five major components. Zoning is the most critical operational tool that
we propose under housing. We feel that zoning can be a real planning tool for housing choice,
and we've recommended that with a number of special district recommendations. Removal of
existing barriers and we've noted a number of those including land assembly, public
infrastructure and blighted conditions that we've addressed within the plan. Targeting existing
housing resources, we'll need to do that in order to address the housing affordability gap within
the corridor. The creation of new housing financing mechanisms, mainly private financing
mechanisms, or public-private mechanisms are key to the housing strategy, and lastly, the
development of a model block program that can be replicated in other sections above Little Haiti
and Wynwood. The streetscape and open space section includes an FEC linear greenway that
will extend from 79th Street and actually connect with the improvements to the Little River north
of 79th Street and take us all the way through the FEC Corridor to downtown. Using the Buena
Vista District improvements that have been recommended in the plan, particularly as it relates
the grid pattern and the integration of the site, with the surrounding Design District and
Wynwood neighborhoods, we feel that that design element would be an important prototype for
the remainder of the corridor itself. East/west connectors, we found to be a real issue, and we
believe that creating improved East-West connectors not only in terms of transit or
transportation, but also in terms of pedestrian access east and west. Community gateways at a
number of key locations within the corridor and particularly within Little Haiti along 62nd and
54th Avenues, and then, lastly, a median being proposed for Biscayne Boulevard that would
extend from 14th Street North to 36 Street, which will, once again, enhance that east/west
connection not only in terms of pedestrian access, but also in terms of pedestrian movement to
41 June 13, 2002
and from the bay. With that I'm going to turn it over to Neisen Kasdin who will discuss the
transportation element more in depth. Thank you.
Neisen Kasdin: Thank you, Ned, and good morning, Commissioners. Thank you for this
opportunity to be part of this great team. I joined the team in December after the work was well
underway, and focused my efforts on the transportation, and also, some of the retail potentials
and possibilities for mixed uses in the Buena Vista area. We're going to talk about
transportation specifically. As a background, an effective transportation system is going to be
the key to long-term viable infill development. As you all know, some neighborhoods along the
corridor are already well underway in the process of revitalization, but other neighborhoods have
experienced minimal reinvestment up to this point and time. The lack or reliable and attractive
public transit is an impediment to the long-term success of the revitalization strategy in this part
of town. There's a need for public transportation to get people who live within this study area to
centers of employment. That transportation is available, but it is not really convenient or
adequate. The lack of effective transportation is also a deterrent to continued immigration into
the neighborhood because, as properties are renovated and restored and as people move in,
there's a lack of parking and a lack of adequate alternatives to the use of the automobile. A
transit -- premium transit system will support a sustainable and balanced infill development, and
the centerpiece of our recommendations on transportation are exactly that, to incorporate in the
MPO's (Metropolitan Planning Organization) 2025 long-range transportation plan, the northeast
corridor, a premium transit line, and we're talking principally about a streetcar system. We'll
also talk about roadway improvements, and I am convinced, as well, that if this Commission
moves forward with these recommendations as they are refined and modified, that with
Commissioner Teele sitting on the MPO, it'll get incorporated in 2025 plan whatever
transportation alternative you'd want for the City. Let's talk about this premium transit service
and the roadway improvements. Basically, with respect to the premium transit, we are talking
about a light rail or a streetcar system, as it is known, or perhaps, an electrified bus. Historically,
there was a streetcar that serviced Northeast Miami along 2nd Avenue until about 1940, so this is
reintroducing that, and there are essentially four different alternatives, but basically, two things
to consider: One is a streetcar or electrified bus system that goes up Northeast 2nd Avenue all the
way to 79th Street, or alternatively, one that would go along 2nd Avenue up to 36 Street, and at
that point, use the right-of-way from the FEC Corridor to take it up to the City line. The
systems, as well, could be either one in which it is mixed with traffic that is already existing on
the streets, or ultimately, a dedicated line or corridor where only this streetcar system is allowed.
The slides also show, as well the stops, which would be spaced approximately a half to a quarter
of a mile apart. It would connect at the southern end with the People Mover, with Metrorail
coming across 15th Street, and then down the corridor again to the main Metrorail station and as
well to Baylink with the City of Miami Beach, so this would connect this neighborhood with
downtown Miami and everything that services downtown Miami, including the People Mover;
Brickell Avenue area, the metropolitan through Metrorail and Miami Beach, which is an
employment center and activity center. This also shows you some of the two things that are seen
on this slide; one is that the system could be done in such a way where it is a single track, but
that there are bypasses put in periodically where the train -- passing trains could make way for
each other. Those slides also show you some of the really attractive new systems that have been
created in Europe over the last few years, so it can be either a very sleek new modern design, or
like the City of Tampa is doing, you can go to the old fashioned streetcar, and just to bring to
42 June 13, 2002
your attention, you may be aware there are many cities that have introduced streetcars now for
the -- over the last 10 years that either had not had them before or had discontinued them and
some very successful like San Diego, Portland and St. Louis. This again shows you the typical
alignment, how it'd work along the FEC Corridor and also a cross section showing you it along
the street. Again, we're showing the different alternatives of it being either a dedicated line itself
or on the FEC Corridor, so just to finish, that is -- those are essentially the premium transit items,
which centers around a light rail or electrified bus system running in that corridor. There are a
number of street improvements as well, which I will not go into in detail, but many of them
involve making it easier to get into and out of the Wynwood area, which includes improvements
at 36 Street and Northeast 2nd Avenue, which is a difficult intersection, 29th Street and 34th Street,
plus consideration of expressway access for people who are in the Wynwood area today, and of
course, as Ned referred to, there is the Biscayne Boulevard improvements, which will include
installation of a median there and recreating that, once again, as a grand boulevard. I'd just like
to conclude by saying that for 20 years, I was in the business of revitalization in another city,
starting in the 1980's as the Chairman of the Community Development Corporation for South
Beach, and I chaired the Ocean Drive Improvement Program, and I will tell you that in the City
of Miami today, the visionary leadership of the elected officials in this city working together
with the staff is truly exciting, and I sense something that I have not seen in almost 20 years
about the opportunity that there is and the vision -- due to the visionary leadership and everyone
pulling together, this city has tremendous, tremendous potential, and this plan is not a plan for
just tomorrow; this is a development plan to help that neighborhood and those neighborhoods
which border the corridor come back, and what you're going to be doing in the transportation
element is connecting people who either live in the corridor or moving in the corridor to their
places of employment, be they on Miami Beach or downtown, and connecting residents, as well,
to activity centers. You know, downtown Miami, with good transit from the areas in the
northeast, becomes not only a better place for people to work for office workers and others, but it
also becomes an amenity for those people living in the FEC Corridor because they will have easy
access, without having to use their cars, to the Performing Arts Center, the Museum Park, the
American Airlines Arena and all the other activity centers and this will, in turn, create such a
great connectivity for people that it will be a major element in brining about the long-term
revitalization of this neighborhood. At this point, what I'd like to do is introduce Bernard
Zyscovich, who has done an incredible job on the Urban Design Plan and the neighborhood
redevelopment strategies. He's translated these visions into a very practical reality.
Vice Chairman Winton: And before you go there, I would like to, once again, recognize Mayor
Neisen Kasdin and welcome him in his journey across the bay, and hope that you spend much
more time over here helping us with our plan.
Mr. Kasdin: Well, thank you, Commissioner Winton.
Vice Chairman Winton: Thank you, Mr. Mayor.
Mr. Kasdin: And I -- but I am serious. There is truly an energy and a vitality, and a vision and a
commitment in this City that reminds me very much of the early years of South Beach, and this
planning effort is an example of that, and following through with it in the way that this
Commission intends to, the potential is enormous.
43 June 13, 2002
Bernard Zyscovich: Thank you, Neisen. I think it's probably noteworthy today to point out that
over on Miami Beach, there's a congress of new urbanism going on, which is really a gathering
of people from all over the country to deal with urbanist issues, and I think it's a wonderful
coincidence that we're here today to talk about these neighborhoods that have been here for
many years since the founding of the city, really, with a real urbanism approach to how we're
going to see what they're made of, how we're going to incorporate what's important about not
only their future, but also their history, and I'm very happy here to try and explain the concept.
In the overall -- the concept has really evolved out of two separate and distinct issues: One is to
try and find out what's unique and special about each neighborhood; the other has been to try to
understand and determine how we link them and how we tie them together, and I think that the
beginning of transportation and streetscape is really logical because Neisen has really addressed
the links. Regarding the neighborhood strategies, we have five different areas that we've looked
at that are in the plan and articulated as to the vision specifically as to each one. The Arts and
entertainment district, which is really the Omni area, the 25th Street conservation district, which
is an opportunity for historic preservation and conservation, the Buena Vista mixed use district
which is a remarkable story in light of the port and the interest now in that property, the Little
Haiti commercial corridor and the 79th Street corridor. What we've done is, on the screen, you'll
see a black line; that's actually the study area. The study area is a huge undertaking in terms of
an amount of this part of the City. This represents the entire Upper East Side. In looking at it,
we looked at the City from the bay to 95 and really from Overtown Park West all the way up to
79th Street because you can't look at 14th Street without understanding south of it. The purple
indicated industrial areas and the swamp up the center, that's pink and brown, is an area we're
going to discuss that really addresses several neighborhoods and different zoning and planning
opportunities that we believe are there. What we're really dealing with is the link of the trolley
opportunities for big box retail, the integrating of housing that's in a new form as well as
traditional forms and an opportunity to develop these five different districts. To begin, the arts
and entertainment district is one that has be dealt with predominately from the standpoint of the
Performing Arts Center and $300,000,000 of public investments into the Performing Arts Center.
As we have been looking at it, we've been looking at it from the standpoint of an opportunity
area to bridge different neighborhoods that could result in something that's very exciting and I
think your CRA is also coming up with something very similar to this proposal, so you're
hearing this from two different entities I believe. The concept here is that the Performing Arts
Center, which we're characterizing in the good sense of 17th 18th and 19th century music, is
really a place where this is the fancy dress the tuxedo experience of going to the opera, the ballet,
as well as other more local arts opportunities, is the area in the blue, which is a major undertaken
on behalf of the City, but we have as we talked about in this real urbanism concept, a history that
exist in other parts of the City. Overtown is famous for its blues and jazz and what we're
proposing is to take 14th Street and turn it as a connector between the Performing Arts Center and
Overtown as a blues and jazz district with the areas in yellow being developed as mixed-use
redevelopment. The area to the south has been evolving as a club scene very late night, so we're
proposing that this part of the City receive a zoning as well as an infrastructure improvement that
will create this part of the City as truly the Arts and Entertainment District. By example, we're
imagining a scenario where on any given night people who have been to the opera or the ballet
might head west. People who are in Overtown might head east, we could have a blues and jazz
district, people could mingle. Miami is famous for its diversity and we think this area more than
44 June 13, 2002
any other is an opportunity for people to mix and to enjoy the cultural aspects of the City, truly in
an integrated fashion and we're very excited about this concept. The two different diagrams
show what it would look like both with a tunnel and also with the existing 395, so in either
scenario, it doesn't really matter. What's really interesting is that if you go six or seven blocks
east -west and five blocks north -south, you will find all of those different venues possible all
existing within the same part of the City today. What we have here is a diagram showing the
corridor connections. The upper loop is 14th Street down to 9th Street through Overtown and up
2nd Avenue. We're imagining there could be a trolley that connects these different
neighborhoods on particular nights and you can see below we have the Performing Arts Center,
the Lyric Theater and Club Space, I think it is, and to the right we show pictures of what street
life could be like in that kind of cafe atmosphere. On the 25th Street proposal, what's being
proposed is the City has a number of streets actually that go all the way to the bay and when I
say all the way to the bay, I mean all the way to the bay. The Street stops right at the bulkhead,
which is the bay. We're proposing that as part of this overall plan of connecting Wynwood to
Edgewater and connecting the eastern and western parts of this zone, we establish vest-pocket
parks that bring the street end about 50 -feet back. Vest-pocket parks, meaning small, little
pocket parks that establish an opportunity for community to gather, for people to come through
at very little expense and this is one of the implementation strategies that could happen right
away. This is a little drawing showing that there could be benches, trees it's a great place to go
and sit by the bay, instead of sitting in the street. Also 25th Street specifically has a significant
amount of historic structures that are still existing as part of the older aspects of the City and
we're proposing a conservation district in this area that would help protect some of the historic
buildings. The Buena Vista yard is an amazing story when we first began with this task force.
This was in a sense untouchable. As it's turning out, there will -- I'm sure very soon -- be an
announcement of the transfer of this land to private interest and we have really focused probably
the most significant part of our energy on this particular site. This is pivotal. This is really, as
the City exists today, it's the hole in the donut. There's 55 acres completely all by itself with no
way to transfer through them. It's the area that is currently occupied with containers. What
we're proposing to do is at the top of the diagram is 36th Street and in the middle of that lower
pink color is 29th Street. We're proposing that the lower south end be zoned and designated as
an area that would allow for vertical retail or sometimes called big box. It would be Target,
Home Depot, that type of thing, but built in an urban context, and that is significant because as
Ned mentioned, one of economic and demographic issues that came out of this process is that
this is a use that would be extremely successful and that it requires large land areas and this site
seems perfect for that use. We specifically put it at the southern end because the Design District
is one of the major economic motivators of this part of the City and by placing the big box retail
to the southern end we're able to utilize the two-thirds or three-fourths of the site at the North to
integrate what we're very excited about as a mixed-use loft concept for the development. Now
when we say mixed-use, we mean not only as a zoned designation where you have different uses
within the same area, we mean literally within the same building, so what we've done, and you'll
see it at the end of the report, we've created very detailed and expansive dialogue on the nature
of these special districts, which we're recommending, which I'll show you on the last slide. As
you can see, we're proposing a new street through the center with a cut across the railroad at
34th. The green area is a park that we're proposing could possibly be if the developer goes with
the idea of a community park, which would make a logical transit stop and the transportation
system that Neisen described, and also in that we're not really spot -zoning. As you can see, the
45 June 13, 2002
coloration is the same. We're actually proposing to apply this zoning through a major part of the
City, so that not only is there an opportunity for new development of mixed-use typology to
occur, but it also cleans up some existing situations where people would like to do things and
perhaps had done them without the proper permissions, because the market is definitely pushing
in the mixed-use direction. This would be a bird's eye view of midtown. We're thinking if the
central business district is downtown, the Buena Vista yard area is midtown, and these are
pictures of lofts. These types of units that have been done in other cities. The opportunity to
close streets, make markets. It's a very exciting concept that we believe will be implemented
with this new plan. Here you see some sections. We've broken down the City into a series of
connections. The important part about the Buena Vista yard as well as the rest of the City is that
it connects north to the Design District and be a flow through area between Wynwood and
Edgewater. Regarding Little Haiti, we decided to look at that from the context of the good work
that's been done by the American Society of Landscape Architects. We've included that in the
plan. We know that the bond issue is there for the creation of a new park and we're looking at
the Little Haiti area as an opportunity zone along Northeast 2nd Avenue, which is actually the
preferred street in our plan for local service oriented retail and community action activities, so
we're showing here a diagram without a lot of detail in how we could take area within Little
Haiti integrated into a park create a new soccer field, take advantage of the county's library
system to create a new library and other community activities. The area in red shows the
development opportunities for Little Haiti as a destination location, and here you see to conclude
the 79th Street corridor, which shows the opportunities for facade improvements, gateway
improvements and greenway improvements along the river. This slide shows in red some of the
resolution areas that will be coming up later on to describe in more detail the street
improvements, the gateway improvements. The pink is a manufacturing area that we're
proposing receive some improvements. The yellow area south of the southern edge of Little
Haiti is a model block area that we believe would be appropriate for infrastructure improvements
along 59th Street. We're proposing streetscape and greenway improvements. These are all part
of the resolutions that you'll be hearing and we wanted you to see a graphic of how distributed
these incentives are and how across the board they are being proposed. On this slide, which I
think is the last slide we're going to show you, we have an indication on the intensity with which
we have approached the project to develop the different development opportunities that will be
available, not only thorough the vision of what's unique about each neighborhood, which is the
driving force, but also the underlined proposed zoning, which will enable it and facilitate it
through regulation. If you look at the end of your book, you will find quite a bit of information
regarding all the new special districts that are being proposed in terms of facilitating this type of
mixed-use redevelopment area. With that, I'll conclude the presentation and turn it back to Ned
for closing.
Mr. Murray: Thank you, Bernard, and thank you, Neisen. Once again, what we attempted to do
this morning was to provide you an overview of the key sections, key recommendations of the
plan, the key highlights of the plan, the key components of the plan and with that we now
welcome your commends, your thoughts and once again, thank you very much.
Commissioner Sanchez: Mr. Vice Chairman, first of all, I want to commend you and everyone
who has worked so hard to put this together. I think the City as we run out of property, property
becomes more precious and we find ourselves today heading in the right direction to create a
46 June 13, 2002
better City, a world class city in the future. Let me just say that I support it. I've studied the
backup material; I think it's great, but let me just say that in the past, we didn't have what I
believe was a clear crystal plan that everybody could support. I can see that's being done now,
but above all we're talking about economic development, which will revitalize that area that
needs it so much. We're talking about attracting new businesses. Let me just that we have in the
past focused on bringing revenue to the City because we all realize that the future of the City is
to bring in revenue, focus on quality of life and then from there on everything falls in place. Let
me just say that we had a perfect opportunity and we're doing it to bring in revenue with the
mega yachts marina; we've done that. That's something now that we can compete with other
cities to bring in more money and revenue to our City. In the market plan that you have, let me
just say that I think about the City of Miami and so much that it's got to offer. The only thing
that I would like to put on the table as a suggestion is that we are missing an opportunity to be a
part of the motion picture industry here in this City. Not only do we have great young talent that
produce, producers and staff, but we have a beautiful climate that people come down here to
shoot. I mean, we could talk all day about -- as a matter of fact, there are two items on this
agenda today that motion pictures that are asking us for some type of waiver, whether it be noise
or whatever. Those are two major movies that are being filmed in Miami. "Bad Boys 2" and
"Out of Time," these are two motion pictures that are out here. We have the potential to compete
with Hollywood, with New York, to have a place here where we could have a big area to attract
this type of work which will bring in revenue, employment. It's just a win-win situation for us,
so in that market study, are you guys entertaining that concept of motion pictures industry?
Mr. Zyscovich: Yes. As a matter of fact, we were able to identify a number of motion picture
type of firms that have located within the FEC Corridor, and as part of that marketing plan, what
the hope is, what the intent is, is to work with existing and ongoing marketing initiatives, such as
the Design District, the media district and other types of manufacturing and economic types of
initiatives so that the marketing effort is truly coordinated and integrated type of marketing
effort, that is City led, so the City understands based on this plan what the true elements are,
what the forces are within the FEC Corridor and to create a coordinated marketing plan that is
City -initiated and City -funded.
Mr. Murray: Can I add to that just a little bit? Commissioner Sanchez, one of the aspects of the
zoning that we're actually proposing is that all of this area in pink and hot pink is an area that
now allows for light industrial uses that are nontoxic and not noisy, as well as and mixed with
commercial and residential uses; so you could actually have, not only within the large available
open space, but also redevelopment entirely in here, all the way from below 395 to 3e Street
that type of use, so we've really opened it up for anyone who wants to come in and propose that
type of use. Under this proposed organization, those kind of uses would be allowed and
encouraged, and one thing that I'd like to add is that in this ordinance we're proposing that if
somebody comes in with true mixed use buildings, they actually will get an incentive with some
additional floor area for coming up with mixed use projects.
Commissioner Sanchez: Thank you.
Vice Chairman Winton: Well, I'm told that this is a public hearing, so I think we need to open
this up to the public, so if there's anyone from the public who would like to make a comment,
47 June 13, 2002
now is a perfect opportunity and we would welcome you to come forward to the microphone and
make a comment, if you'd so wish. Please, just come forward and state your name and address
for the record and make your comment please.
Nadine Patrice: Hi. I'm Nadine Patrice. I'm with Operation Green Leaves, 221 Southwest 22nd
Avenue. I'm mot far from here, but I work a lot in Little Haiti and I participate in most of the
meetings, and my question was in the road development and I believe that for development in
Little Haiti -- I don't consider 2nd Avenue. We discussed this. We need road improvement. We
need sidewalks and all that, and when I'm looking at this, I see 36th Street, 25th Street. Why are
we not going on 2nd Avenue from 54th Street, to maybe 82nd, because that's where the main area
of Little Haiti, because I walked it, I (UNINTELLIGIBLE) it and I think that's the area that we
discussed, so maybe it's not here.
Mr. Murray: We actually are recommending a commercial corridor improvement program for
Northeast 2nd Avenue, in conjunction with a model block program that would include Northeast
2nd Avenue east of the FEC and that area would be Northeast 54th Street north to Northeast 58th
Street. That will be your initial demonstration program, then that could be replicated in other
locations, but that would include public infrastructure, street safe improvements as well.
Vice Chairman Winton: But 2nd Avenue, just so she understands, the 2nd Avenue corridor is a
principal corridor, recognized as a principal redevelopment corridor in our entire plan.
Mr. Murray: That's right.
Ms. Patrice: Because it's really, really important because for many years --
Vice Chairman Winton: And we agree with you 100 percent, and it is a principal part of this
plan.
Ms. Patrice: All right. I want to make sure. Thank you.
Vice Chairman Winton: You're welcome. Next. You all can come to both microphones.
Ives Barroukh: My name is Ives Barroukh and from 4380 North Bay Road, Miami Beach, soon
to be living in Wynwood, I hope. First, I want to thank the Commissioners to give me the
opportunity to speak today. A few of you I know personally, and Mayor Kasdin has done a great
job in Miami Beach. I remember Miami Beach when it had four -feet sidewalks on Ocean Drive,
and I remember what you done there extending the sidewalk from 8-10 feet. When I see this
neighborhood -- I come from Europe and my background is Paris and Israel. This is like a big
city in Israel; this is huge. You guys are doing a great job. We can address a million points, but
there's so much to do. I think the people here have a New York state of mind. I'm not from
New York, but I like to look 40 degrees up and see the sun. I don't like to look 180 up and look
and see the sun, so we're creating European, New Yorker atmosphere, therefore bringing in the
movie industry closer to us. The bottom line is attracting business to this neighborhood, because
if we don't have business down here, then we got nobody coming around. We could put very
48 June 13, 2002
expensive buses, they won't come in, so we're all tied up together. I think that bringing in --
bottom line, bringing in business to the neighborhood will bring taxes to the City, so we're all in
this together; but to bring businesses to the neighborhood, we have to have people coming into
the store. For example, somebody open a clothing store today anywhere in this neighborhood, he
would maybe sell 50 bucks a week; so he's not going to do any business and the landlords won't
rent him the store, so we going to go give it to a big industrial company to manufacture tires and
that's it; so I'm a firm believer in live- work concept and I think that lofts above stores is a great
idea. However, there is one thing that I would like to maybe put in the thought process of this
whole use. There are a lot of decaying properties in this neighborhood. A lot like South Beach
in the old days, and we need to do expansions, and expansions are usually from the middle out,
but the way that I see this neighborhood is, we need to do inflection. We have to go from the
outside, from the outskirts into the inner skirts, into the inner heart of this neighborhood; so I do
think we need to put this transportation system, which is imperative for the neighborhood, but we
have to go a little bit further on the outskirts of all these design and work out way in, in we have
thought process because then we will have a very good two or three streets and then we'll have
really bad neighborhoods in and around there. People will open bars and restaurants and when
they ride on the Main street, they would serve a beer $5, and then two streets down the road,
they're going to serve it at $2; so you're going to have a different kind of person and the idea is
to incorporate everything at $3.50. Basically making a good business idea for everybody.
Expansion of retail, again brings us back into the mixed-use zoning, removal of barriers against -
- that's what we're talking about and by creating the infrastructure Commissioner Sanchez was
talking about bringing in movies. They understand in California -- I have very good friends in
California -- they understand that down here they get a movie filming permit, they get it in one
day. In California it takes six months to get and it's a very big issue, so we're already building
their groundwork, and what Commissioner Sanchez was talking about is huge because basically
he's talking about creating an infrastructure for Miami; so good luck to you guys, and looking at
it from the outside to the inside, rather than from the inside to the outside, would be a good way
to look at it. Thank you.
Vice Chairman Winton: Any other comments from the public?
Bruce Hamerstrom: Good morning. I'm Bruce Hamerstrom from 8325 Northeast 3rd Avenue, in
Little River, and I'd like to ask you all to remember back before the City of Miami was
incorporated, there was an area called Little River. It was a very thriving community. We
haven't gone away. We're still there, but we need your help, and I believe firmly that Little
River, especially 2nd Avenue from the river to 79th Street can once again be a thriving business
district of an upscale professional level, so please keep these thoughts in your mind. Thank you.
Vice Chairman Winton: Thank you. Next. If you are going to speak, could you all come to the
microphone and stand in line so we can move this process as quickly as possible? Yes, ma'am.
Maritza Ejenbawr: Good morning. My name is Maritza Ejenbawr. I live at 7430 Gary Avenue,
Miami Beach. I'm also the program director of A Woman's Place for a drop-in center for
homeless and at risk women. As a social worker, I'm seeing more and more people becoming
homeless because of the increasing lack of affordable housing. I'm all for this plan. I think it's
exciting and it's wonderful, but I'm think about the people, because I drive down Northeast 4th
49 June 13, 2002
Court just about everyday from 79th to 17th Street, and I'm wondering about the individuals that
are living along that corridor and if this wonderful team is making any provisions because I
believe that in this community and in this county there's an increasing chasm between people
that can afford housing and people that can't and the people that cant afford housing are the
people that are needed by the industry and businesses, et cetera, and I wondering if that's being
addressed. Thank you.
Vice Chairman Winton: And the answer is absolutely, yes. There's a whole -- we've broken -- I
have a series of resolutions that we will deal with just shortly that are being broken into kind of
specialized categories. In fact, I'll just read them for everybody so that you all know.
Obviously, we'll have a resolution that adopts the plan, at least I hope that it adopts the plan, but
they'll also be a resolution on transportation, one on streetscape and open space, one on
economic development, a resolution on housing; and each of these resolutions, by the way, have
a whole series of action steps tied to them; so they're not just a resolution that says something
kind of fluffy and that you can't get your arms around. They have very specific tasks assigned to
each one. Planning and zoning, historic preservation, neighborhood conservation districts and
funding, so housing is very much of an important part of this. Yes, sir.
Larry Mizrach: I think it's still good morning. My name is Larry Mizrach. My office is at 2399
Northwest 2nd Avenue, right in the heart of Wynwood. My father moved into Wynwood in 1948
and my family and I have been there ever since, so Wynwood's deep in my heart. I belong to six
different committees in Wynwood including the Florida East Coast Railway Committee. I've
worked with Ned Murray a couple times. I am so happy that this is happening. Planning is
going forward and we're going to have the most vibrant community in South Florida within five
or six years, and I want to thank Commissioner Winton and all the people, Commissioner Teele,
the people who sponsored this, pushed this forward, funded it and the future looks very bright for
the FEC Corridor, and I thank all of you for that.
Vice Chairman Winton: Thank you. Yes, sir
Carl Fielland: Yes. My name is Carl Fielland. I'm the Seaport Engineer, and I'm very
impressed with the presentation and I guess I want to take an opportunity to stress the importance
of the seaport economic engine, and hope that the integration of transportation systems for the
seaport will be integrated into whatever plan you're going to institute.
Vice Chairman Winton: And Carl, the answer to that is that the seaport and the success of the
seaport is absolutely crucial, not only to the City of Miami, but the entire county, and as you
know, I'm chairing the Downtown Conference of Master Transportation Planning Committee
and that whole downtown, that's kind of the nexus, the hub of all of the transportation system,
really, that will deal with issues countywide; and the port is very much a part of that, and what
we're doing here, all of the work we've done, the limited work we've done in this phase in the
plan of this master plan, we've teamed up with the downtown master planning consultants to
make sure that whatever recommendations we have link directly with the recommendations that
will be coming out of that other master plan, and the port is absolutely central to that.
Mr. Fielland: Thank you, sir.
50 June 13, 2002
Vice Chairman Winton: Yes, sir
Adrian Green: My name is Adrian Green from London, England, so you don't need my address
unless you want to write to me. We've recently purchase a few buildings in the area. We
believe very strongly in this area, and we also believe that maybe part of the marketing plan
could be to change the name of the area to something like Soho which is an internationally
recognized name. We believe it could tremendously improve the concept of the area as a loft
entity and we believe very much in mixed-use retail and obviously the movement of people
between living upstairs and living downstairs, and thank you very much.
Vice Chairman Winton: Thank you and actually I'd like to address that, because we had some
conversations about it, and frankly, we went absolutely the other direction. Some of the oldest
neighborhoods in South Florida are in this zone. We've got really, really historic fine
neighborhood of Overtown and the Omni area, Wynwood, Lemon City, and Georgina, I say that
all the time. Every time I make a presentation, I talk about this --
Georgia Ayers: (INAUDIBLE) I remember that. My grandmother was moved from what you
call Little Havana, that was the southwest section. In 1897 she moved from there to Lemon City.
My mother's oldest sister is 94 years old and is still living. The baby sister, who's 88 years old,
is still living. My office is in Lemon City. Give me the respect. Thank you.
Vice Chairman Winton: You're welcome, but anyhow, that's the point, there's some very, very
historic neighborhoods and so we want to celebrate the historic nature of these neighborhoods
and frankly, this is a very, very -- we are not going to have a debate, by the way. This is a very,
very large geographical area. It's very, very complex; and we intend to celebrate the history of
our neighborhoods and there may be zones where you carve out some new moniker that gets
carved out of a relatively small area but I think the concept of taking the whole FEC Corridor
and calling it something else today is something that this whole committee thought probably
would be counterproductive. Any other comments from the public? Being none --
Mr. Green: Just in response to that, not a debate. Maybe you can incorporate a name as a
combined name with one of the existing historic names.
Vice Chairman Winton: Which is possible, I'd like to close the public hearing.
Commissioner Teele: Mr. Chairman.
Vice Chairman Winton: Yes, sir. Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you very much, and the latter three or four
comments were the comments that I wanted to make. I think it's important to remember that the
word Little Haiti is a term that has been applied by the City of Miami over the last 12-15 years,
but correctly, we need to ensure that there's a footnote in the report that clearly delineates the
neighborhoods beginning with Buena Vista, moving up to Lemon City, and further north to Little
River, and then further to the west of Edison. There may be possibly one other, but these are
51 June 13, 2002
distinct neighborhoods Buena Vista, Lemon City. In fact, the post office there on Northeast 2" d
and 61st Streets still has the sign Lemon City, and of course, we've heard from the residents of
Little River, and we've not heard a lot from Edison, but Edison was actually the largest
populated area in the area; and we should not, in our zeal to embrace the moment, we should not
forget the history of how we got here, so I would ask in moving the adoption of the report, that
the report be modified to show a footnote that after the word "Little Haiti" in each place, that
Little Haiti is a generic term that embraces not only the new Little Haiti but the old
neighborhoods and I would so move.
Vice Chairman Winton: We have a motion. We need a second. A motion and a second.
Further discussion.
Commissioner Teele: And not to the exclusion -- I know that we've asked the Planning staff to
go out and identify the neighborhoods, the historic neighborhoods. I think there's a book out
now with 22 neighborhoods or something.
Vice Chairman Winton: Well, it's interesting, Commissioner Teele, also I'm not interesting, just
a point here and that is one of the resolutions here is about historic preservation and
identification of historic whatever's and that's an action step here.
Commissioner Teele: I'm glad you're doing that because the one thing about the whole report
that I was not fully comfortable with was that dignity the priority that we did not give historic
preservation overall in the area. I know that there's historic entertainment district and historic,
but I think right with the dignity of transportation and mobility, we should give historic
preservation in this area that same focus and that's not to be critical. That's just to say that that's
a policy that five years ago, I would have been run out of the city hall for even suggesting it, so
we've come a long way and four or five years.
Vice Chairman Winton: And I think we've tried to give it that same level of dignity because it
has its own resolution. There's a very specific resolution that has specific action steps tied to
historic preservation.
Commissioner Teele: Mr. Chairman, did you have a better way to frame the motion that I just
made?
Vice Chairman Winton: Actually, it may be helpful -- no, no, I think your resolution's fine, the
one that you just made, so any further discussion on the resolution that Commissioner Teele
presented? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed.
52 June 13, 2002
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 02-640
A MOTION APPROVING THE ADMINISTRATION'S REPORT ON THE
FLORIDA EAST COAST (FEC) CORRIDOR STRATEGIC DEVELOPMENT
PLAN.
Upon being seconded by Commissioner Sanchez, the motion 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
Vice Chairman Winton: Commissioner Teele, I would -- I think it might be appropriate if
someone else chaired now, because I do have a series of resolutions that I would like to
introduce.
Commissioner Sanchez: You're recognized.
Vice Chairman Winton: Thank you. And the first resolution -- all of these resolutions are in
your packets, so that you can follow along with them; and the first one is the adoption of the
plan, and that's resolution A. The resolution simply says, "A resolution of the City of Miami
Commission adopting the Florida East Coast Railway Corridor Strategic Redevelopment Plan,
attached hereto as a guiding tool for the future development and preservation of the FEC
Corridor defined in the study." So moved.
Commissioner Sanchez: There's a motion. Is there a second?
Commissioner Teele: Second, with the amendment to that, and further requesting that the plan
be modified to reflect a footnote at each appropriate point to reflect the traditional and historic
neighborhoods that are generically designated as Little Haiti throughout the report.
Commissioner Sanchez: Does the maker of the motion accept the amendment?
Vice Chairman Winton: Absolutely.
Commissioner Sanchez: There's a motion and a second, as amended. Open for discussion.
Commissioner Teele: Call it the Lemon City amendment.
53 June 13, 2002
Commissioner Sanchez: Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, have the same right, say "nay." Motion carries.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-641
A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING THE
FLORIDA EAST COAST RAILWAY CORRIDOR STRATEGIC
REDEVELOPMENT PLAN ("FEC CORRIDOR PLAN"), ATTACHED
HERETO, TO REFLECT THE INDIVIDUAL NAMES OF ALL OF THE
HISTORIC NEIGHBORHOODS LOCATED IN THE REDEVELOPMENT
PLAN AREA THAT ARE GENERICALLY REFERRED TO IN THE FEC
CORRIDOR PLAN AS LITTLE HAITI; AND RECEIVING, ACCEPTING
AND ADOPTING THE FEC CORRIDOR PLAN, AS MODIFIED HEREIN, AS
A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND
PRESERVATION OF THE FEC CORRIDOR, AS DEFINED IN THE STUDY.
Upon being seconded by Commissioner Teele, 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
Commissioner Sanchez: Item 5B.
Vice Chairman Winton: Second resolution is 5B on transportation and that's a resolution
directing of the City Commission directing City Manager to commence major implementation
initiatives specifically rated to transportation as recommended in the adopted Florida East Coast
Railways Corridor Strategic Development Plan. So moved, and then I'm going to read what the
actual steps are.
Commissioner Sanchez: There's a motion. Is there a second? Second. Open for discussion.
Vice Chairman Winton: There are four bullet points attached to this plan. The first is to direct
preparation of the comprehensive transportation master plan for the FEC Corridor, including an
54 June 13, 2002
analysis of needed transportation improvements of all modes, including highways and streets,
mass transit taxi, jitney, and pedestrian and presenting recommendations together with priorities,
preliminary cost estimates, sources of funding and proposed scheduling and allocating $100,000
in support of this initiative. That's bullet point one.
Commissioner Teele: Mr. Chairman, on that -- you've got four bullet points, right?
Vice Chairman Winton: Yes, I do.
Commissioner Teele: Go right ahead.
Vice Chairman Winton: The second bullet point is request the Metropolitan Planning
Organization to incorporate the proposed trolley system in the 20-25 plan within required
preparation of environmental impact statement to determine project feasibility and identifying
funding sources and scheduling for that. The 3rd bullet plan is to request Florida Department of
transportation to include the proposed Biscayne Boulevard improvements in its 5 -year plan and
the 4th is request Miami Dade County to expedite design and reconstruction of Northeast 2nd
Avenue between Northwest 36 Street in the northern limits of the City of Miami. Those are the
4 bullet points on transportation.
Commissioner Teele: Mr. Chairman, I would ask that you withdraw the second bullet point, and
let me tell you why. We're not ready to go forward to the MPO with the completed document.
We've not done all of our homework. We don't even have a transportation, transit staff person
in Public Works.
Vice Chairman Winton: I would accept that. You're absolutely right.
Commissioner Teele: You cannot start talking about implementing anything until we at least get
our Public Works activities organized in a manner to accept that. We've had transportation and
planning, but planning and implementation are a world of difference and that's one step. The
other step is this, Johnny -- and this relates more to you than it does to me, but it goes to the
overall thing. -- if we're going to do this, which I agree that it's the right thing to do, it needs to
be totally coordinated with the downtown component of this. I mean this study literally stops
around 25th and comes on in, but we need to make sure we get a buy in with the DDA
(Downtown Development Authority) with the CRA (Community Redevelopment Agency) and
candidly there should be discussion in this about Baylink, because this system is going to make a
lot of sense if Baylink comes across because it's one of the answers to a lot of the questions about
spurs and alternative alignments for Baylink. In other words, if you got a rail system which has
been outlined or a trolley system that interfaces and there is a Baylink I mean, it feeds a lot
more than that, so rather than just looking at this and talking about it internally within the City,
we need to look a this and then expand this between the DDA, the CRA, Miami Beach and see
where we all come out particularly involving our Public Works Department and the various
consultants and I think it's really necessary that we integrate ourselves before. I think if
something like this is going to come up the real opportunity is also to go west as well through the
Allapattah 20th Street corridor perhaps, so those are the kinds of things that I'd like for us to do
before we move it to the MPO but to request the $100,000 and that support from the MPO to
55 June 13, 2002
support this would certainly be appropriate, so with the exception of number two moving it
already there. We haven't even agreed on a plan and EIS is extremely premature in my
judgment until we can work out --
Commissioner Sanchez: Does the maker of the motion accept withdrawing --
Vice Chairman Winton: You're the expert, so I absolutely accept that recommendation, so we
will pull bullet point number 2.
Commissioner Sanchez: OK. Are we still under discussion, Commissioner Teele?
Alejandro Vilarello (City Attorney): Mr. Chairman, I have a question on the resolution to
Commissioner Winton. Is it your intention that this resolution allocate $100,000 or for the
Manager to identify that?
Vice Chairman Winton: No, it's for the Manager to identify it. I have no idea where the money
is, and that's our intent in all of this; where there's dollars tied to it our directive is to ask the
Manager to identify the funding for it and come back to us.
Commissioner Teele: Johnny, the only thing that I really want to bring your attention to is this is
talking about implementation. If we're going to talk about implementing, we better sit down
with the Manager and Frank Rollason and the finance people because we've really got to make
some changes and some augmentation well deserved and, well needed and long overdue, within
our Public Works Department to be able to provide for this. I mean, if you look at Miami Beach
-- and with all due respect to the Mayor -- former Mayor -- they're running a whole trolley
system, bus system, wave (phonetic) system. Obviously it's by contract, but it's being run
through the Public Works kinds of functions and they're moving thousands of people. That's
what cities do when the get frustrated with the county and say we want to do things on our own.
They went out and got a lot of grant money to do it. They're not doing it out of their own
pocket, so -- but the key to this is we've got to structure ourselves to do it. It's not just going to
fall in our lap.
Commissioner Sanchez: OK. Any further discussion on the item? OK. All in favor, say "aye."
As amended.
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposed, having the same right, say, "nay." Motion carries.
56 June 13, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-642
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO COMMENCE IMPLEMENTATION OF THE MAJOR
INITIATIVES, AS RECOMMENDED IN THE ADOPTED FLORIDA EAST
COAST ("FEC") RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT
PLAN, SPECIFICALLY RELATED TO TRANSPORTATION; FURTHER
DIRECTING THE CITY MANAGER TO IDENIFY FUNDING TO SUPPORT
THESE INITIATIVES AND TO RETURN TO THE COMMISSION FOR
APPROVAL OF THE FUNDING.
Upon being seconded by Commissioner Teele, 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
Commissioner Sanchez: 5C.
Vice Chairman Winton: 5C is streetscape and open space. A resolution of the City of Miami
Commission directing the City Manager to commence major implementation initiatives,
specifically related to streetscape and open space, as recommended in the adopted Florida East
Coast --
Commissioner Teele: Second the motion.
Vice Chairman Winton: Now, there are a series of bullet points here as well. The first one is
directing the Planning and Zoning Department -- actually, it's all the City Manager's, but having
the Planning and Zoning Department shall incorporate proposed pocket parks including Little
River, and Northeast 25th Street pocket park, streetscape improvements and greenway corridor
into a citywide parks and open space master plan. Bullet point 2, the proposed pocket park and
the end of Northeast 25 Street shall be incorporated into the Homeland Defense Neighborhood
Improvement Bond Program for its design and construction as a model pocket park, and just to
remind everyone there's $3,000,000 in the first traunch (phonetic) of the bond issuance,
specifically for FEC, that's how that a number of these things are going to get paid for. The
things that require money, by the way, in each of these resolutions, that don't ask for the money,
that money is coming out of the $3,000,000. Where we're asking for specific dollar amounts
where's there's a request for it, that request is going to the City Manager to find that money, and
57 June 13, 2002
I'll give you a recap on that at the end. The 3rd bullet point is proposed gateway improvements at
Roberto Clemente Park and at 29th Street on Northeast 2nd Avenue shall be incorporated in
homeland defense neighborhood improvement bond design construction. Proposed beautification
streetscape improvements of the following streets to include drainage, paving, street furniture,
lighting and landscaping improvements shall be incorporated into the homeland defense
neighborhood improvement bond program for design and construction. Northeast 14th Street
from 2nd Avenue to the railroad tracks, 25th Street from the railroad tracks to Biscayne Bay, 29th
Street from Biscayne Boulevard to Northwest 5th Avenue, North Miami Avenue from 29th Street
to North 36th Street west side only and Northeast 34th Street from 2nd Avenue to the Buena Vista
yard.
Commissioner Sanchez: Is there a motion?
Vice Chairman Winton: So moved.
Commissioner Sanchez: So moved. Is there a second?
Commissioner Teele: Second.
Commissioner Sanchez: Open for discussion. Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-643
A RESOLUTION DIRECTING THE CITY MANAGER TO COMMENCE
IMPLEMENTATION OF MAJOR INITIATIVES, AS RECOMMENDED IN
THE ADOPTED FLORIDA EAST COAST RAILWAY CORRIDOR
STRATEGIC REDEVELOPMENT PLAN, SPECIFICALLY RELATED TO
STREETSCAPE AND OPEN SPACE.
Upon being seconded by Commissioner Teele, 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
58 June 13, 2002
Commissioner Sanchez: 5D.
Vice Chairman Winton: 5D is economic development. Again, a resolution of the City
Commission directing City Manager commence major implementation initiative specifically
related to economic development, and there are a series of bullet points. The first one is to
prepare a US Department of Commerce Economic Development Administration Capital
Facilities grant application for the proposed Wynwood manufacturing district. Bullet point 2,
seek state approval to expand the enterprise zone boundaries. Point 3 is develop a financing plan
with appropriate mechanisms including such things as tax increment financing and special
assessments districts to fund capital improvements in the entire corridor and allocating an
amount not to exceed $150,000 for the cost of creating this financing plan. That $150,000 is
directing the City Manager find $150,000. Bullet point 3, to reestablish the commercial
revitalization program developed by the Community Development Department specifically
targeting towards Northeast 79th Street and Northeast 2nd Avenue corridors, and further
allocation an annual amount of $100,000 from the City to be matched, dollar for dollar, by the
county with a possible additional funds coming from the Empowerment Zone Trust. Now what
this is, until you all may remember this better than I do. I don't remember if it was last year or
year before last where community development had a specific program for commercial
revitalization. Where we currently -- CD (Community Development) funds, the facade
improvements, and the facade improvements, I think each facade owner can get -- what is it?
$2,000 or some insignificant amount. The county still has a significant commercial revitalization
program where you can do real major facade improvements for major properties. What's it up
to? Up to 10,000 but I think the little trick that they play is that they'll grant on 25 percent; we
have to fund 75 percent, so we're going to try to work on this a bit, but the recommendation
coming out of the committee is that we reestablish that program and set up as a model both of
these corridors to see if we can really make that program work again so that's a recommendation.
There's two more, create and implement a marketing plan for the FEC Corridor allocating an
amount not to exceed $250,000 for the cost of creating and implementing a marketing plan.
Finally, initiate preparation of a targeted industry analysis of the furniture, media, plastics and
fabricated metal sectors and allocating an amount not to exceed $100,000 for the cost of this
analysis. Now, when we do this analysis, we gather the data about the market place. Once we
gather the data about the market place, then we can utilize the $250,000 that we're going to
earmark for marketing to develop an in depth marketing plan to go after the kind of business that
we want to bring in and developers that we want to bring into this entire corridor; so that's those
two component parts are tied very directly together. Doesn't do any good to do one without the
other.
Commissioner Sanchez: That's 5D.
Vice Chairman Winton: That is 5D, yes.
Commissioner Sanchez: Is there a motion to approve?
Vice Chairman Winton: So moved.
59 June 13, 2002
Commissioner Teele: Second.
Commissioner Sanchez: There's a motion and a second. Discussion. Hearing none, all in favor,
say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, have the same right, say "nay." Motion carries.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-644
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO COMMENCE IMPLEMENTATION OF THE MAJOR
INITIATIVES, AS RECOMMENDED IN THE ADOPTED FLORIDA EAST
COAST ("FEC") RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT
PLAN, SPECIFICALLY RELATED TO ECONOMIC DEVELOPMENT;
FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY FUNDING
TO SUPPORT THESE INITIATIVES AND TO RETURN TO THE
COMMISSION FOR APPROVAL OF THE FUNDING
Upon being seconded by Commissioner Teele, 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
Commissioner Sanchez: we'll move over to 5D.
Commissioner Teele: I need a copy of 5D. The one we just did. My book was market 5D, but it
was 5D.
Vice Chairman Winton: We'll get you one real quick. The next one is 5E, which is housing. A
resolution of the City of Miami Commission directing the City Manager to commence major
implementation initiatives specifically related to housing as recommended in the adopted plan.
Again, there are four bullet points. Point 1, develop a system for managing and disposing of
vacant tax delinquent City and county land in this corridor. Point 2, establish a model block
demonstration program between -- and you all saw the little very small zone outlined in one of
the slides up here -- but to establish a model between Northeast 2nd Avenue, the FEC railroad
60 June 13, 2002
tracks, Northeast 54th Street and Northeast 59th Street. The program shall include very
specifically targeted code enforcement, special policing actions, infrastructure improvements and
homeownership assistance using the United States Department of HUD (Housing and Urban
Development), county surtax, local initiative support corporation, and any other available
resources and funds to make this work. In addition apply for a US HUD demonstration project
grant to support and/or expand this initiative. The third bullet point is to establish a pilot project
placing housing specialist -- and this is something very new here -- establish a pilot project
placing housing specialists in Little Haiti, Wynwood and Upper Eastside NET offices on a
rotating basis to provide information to the public regarding existing housing assistance
programs, specifically for home ownership. The last point -- and I'm going to spend a little bit of
time talking about this because I think it's the whole crux of all this -- and that is to develop a
strategy and subsequent program to encourage homeownership and aggressively seek a dedicated
source of funding that would include the existing scattered site program for homeownership and
possible funding from US Congress, US HUD, US Department of Commerce, Economic
Development Administration Fannie Mae, State of Florida and any other funding source and do
this under the leadership of LISC (Local Initiative Support Corporation).
Commissioner Teele: Second the motion. I have a number of -- second the motion.
Commissioner Sanchez: All right, there's a motion and a second. It's open for discussion. Mr.
Teele, you're recognized.
Commissioner Teele: I'd like to let Johnny go first because it's late and --
Vice Chairman Winton: Here's the whole issue of housing in this whole corridor. The roughly
25 percent of the inhabitants of this corridor are renters in big parts. There are carved out
sections where homeownership is much higher, but in many of the very depressed
neighborhoods, it's 25 percent homeownership, 70 percent rental. What's going to happen here
now, and I'll bet what's going on this whole corridor right now, is that economic development is
already going on. We are not developing a study that will have no momentum tied to it where
we have to go in generate all of the momentum to create economic redevelopment in the
neighborhood. That momentum has started, and that's a function of major demographic shifts
that are just simply going on throughout the United States which we have zero to do with. The
only thing that we could do to slow down that real paradigm shift is to stop doing code
enforcement, which the City did for years, and stop doing policing, which the City did for years,
and then we can keep those neighborhoods. We can keep home values low in those
neighborhoods, because who wants to live in them, because the criminals control the
neighborhood; but that isn't today's City of Miami. In today's City of Miami we're going after
the criminals with a vengeance and we're going after absentee landlords with a vengeance and
we're cleaning up our neighborhoods. We're doing the kinds of things that our residents are
paying taxes in support of That effort combined with this demographic shift means that if we do
as government nothing else -- Forget the plan. Throw the plan out the window. Don't do a
thing. These neighborhoods are going to experience major changes over the course of the next
10 years whether we adopt this plan or not, and so we have a very unique and once in a lifetime
opportunity here tied to housing and poverty. And that opportunity is to find a funding source
that will allow us to bring all of those who can qualify and want to be in homeownership, who
61 June 13, 2002
live in all of these neighborhoods, including the neighborhoods that are around those
neighborhoods, who are poor families, bring them into homeownership today. We don't have
the funding mechanism to do that, but if we're able to bring those people into homeownership
today, a very significant thing will occur. What will occur is that simply through
homeownership, we will create an opportunity for families to literally move out of poverty over
the course of the next 5, 10, 15 year period; because housing values are going up; so if we can
get them in on the ground floor, they can keep their job which can be a minimum wage paying
job or a little over minimum wage paying job and you got a two -income family earning
mechanism, so that they can afford to buy the house. They make their payment. They take care
of their house. Values go up and at the end of the 10 year period or 15 -year period, there could
be 50, 75, 100, 150, $200,000 in equity built on a house, more money than most of those families
are ever going to see. If we do nothing, these people are going to be moved somewhere else.
Now, here's the problem. We don't have the money to do something and I'll give you the math
and the math is real simple. Most families who are considered in the poverty level can afford a
house roughly in the $60,000 range. They can afford to buy a house that cost $60,000. Some of
them are $70,000 some are 55, but from the experts that I talked to, that's a reasonable number to
focus on. If the value of the homes are $90,000, they can qualify of a mortgage for 60; there's a
$30,000 gap, and so we have to figure out where we come up with the $30,000 gap which would
likely be some sort of soft second mortgage. Here's the math and it's real simple, $30,000 if you
have $100,000,000 pool, big number sounds like, big number, how many homeowners can you
put into this homeownership program if you need a $30,000 gap? And the answer's 3300, not
many. I hear the county and I hear the state every time I go to one of the meetings. They say,
"No, we have these programs. We can get you into it." Yeah, they got a program and they got a
program that has $10,000,000 in it and it's countywide. It doesn't not anything. It's all fake, so
this last bullet point is the whole crux of this whole housing thing and it is a key element and I
spent -- Commissioner Teele has seen this. He and I have talked in our public meetings about it.
I've talked to Congresswoman Meek and Senator Nelson and Senator Graham and lots of other
people about this, because this is a once-in-a-lifetime opportunity. If we're not able to get real
federal money to set up a pilot program to make this work, then it is plain and simple, we can
throw this plan out the window. Those neighborhoods are going to change and the people that
can't afford to get into homeownership are going to be forced to move somewhere else over the
course of the next 10 years and that's a real fact; so -- something very important I was going to
say and I lost it completely. When I think of it again, I'll bring it back. That's the pitch.
Commissioner Teele, you wanted to say something?
Commissioner Sanchez: There's a motion and a second on 5E. Open for discussion. Mr. Teele.
Commissioner Teele: I mean, we're dealing with a very difficult problem and how do you move
people into homeownership. I think the statistics are right if not understated. As a point of
reference, the entire outer limits of the park in Little Haiti, the 50 acres, we can not identify one
homestead exemption in the entire 50 acres. That's about 10 blocks, so you know and one way
to get homestead and to get homeownership is by having good schools and parks. We know that,
and in fact one of the concerns that I have is that as we build the park especially in the south end,
values or the homes are going to rise very quickly because that is an amenity. I think, Johnny,
the recommendation of the consultants that we brought in the outside consultants -- what are they
called UL Urban Land Institute -- probably should be put on table somewhere. They studied the
62 June 13, 2002
Model City Homeownership Zone and strongly recommended that we not have a Model City
Homeownership board of directors. They recommended that it be citywide board of directors for
a lot of reasons. I told them that I think that everybody's going to want to have their own board
but one thing that I'm going to say about the Model City Homeownership Zone board to date.
I've had a lot of criticism in the district because the board is a board of professionals and not
community activist, community advocates. It is a very generic board that was recommended by
the Manager and there's been a lot of side bar discussion and negotiations. I guess to go along
with that, but the majority of the members that have been named now are not African-American.
That, in no way, suggested that it should remain that way or that it won't stay like it is, but the
fact of the matter is this homeownership issue bridges across every neighborhood and while
you're dealing with it in literally in the Little Haiti, Edgewater or Wynwood area, Little Haiti
being Buena Vista, Little River, Edison and Lemon City of course. It really is a boarder
problem. The significant thing in there is LISC. Now, where the devil is LISC? We ask that
they come back to us with a summit. I'd like to make sure we hear from LISC in the next
Commission meeting on the status of that summit. I want a written report on the status of that
summit.
Vice Chairman Winton: Actually, I called my staff this morning and said, I had the same
question and somewhere or other, I feel like I dropped the ball somewhere.
Commissioner Teele: No. Let me tell you something, Johnny. There are a lot of people around
here are paid to do this job and with the exception of the last Mayor, nobody's been paid a lot of
money, so I don't think you ought to accept the responsibility for that, but the fact of the matter
is I think LISC is sort of a good honest broker in all of this. In this context, I mean, I'm prepared
to move the so-called Little Haiti homeownership zone trust, Mr. Attorney, into the Model City
Homeownership Zone in other words to change the name to take the recommendations of the
consultants because there's only so much money to go around and what they said is designate
areas. They also recommended a public advocate be a paid person and not a board member and
each public advocate in effect would be the eighth member of the board when that area is under
discussion or consideration. But in any event, I embrace totally what you're saying, and the lack
of dollars to fund the homeownership strategy is a classic problem that we're dealing with, so in
seconding your motion, I want to underscore the fact that we don't have the money and we've
got to look for creative ways to do it, and one way to do it is not to set up seven bureaucracies
with all due respect to these homeownership revitalization areas. I'm not at all suggesting that
there should be only one. I'm only saying that that's what the consultants have recommended,
but I am prepared to say that as it relates to the Little Haiti, the second one in the book, Mr.
Attorney, I would like an amendment to the ordinance that would allow for them, for that to be a
part of the trust that is set up and allow for these to be areas, so that we can, in effect, adopt what
Commissioner Winton is saying right now and move it even faster, because then you can use
perhaps some of those dollars for leverage.
Vice Chairman Winton: I remember what I was going to say and it was a very important
distinction. In my meeting, with Shalley Jones, the other day, because when you talk to the
people who are in this business all the time, I have learned that I have to make my point very
clear because they're all thinking about something different than I'm thinking about. What I'm
talking about here is different than -- I now understand -- than maybe anybody's done it in the
63 June 13, 2002
United States and the money the hope 6 money doesn't even allow this use. What I'm talking
about here is not building new housing, I'm talking about converting existing quality housing
stock that these people are currently renting into homeownership, so you may need some rehab
dollars, but your not going to have to bulldoze and start from scratch which allows the money to
go a lot further; and that's the whole thing that I'm talking about here where you can take these
neighborhoods where you have great housing, neat housing, and convert it into homeownership
for rental and that's the whole issue so.
Commissioner Sanchez: All right. There's a motion and a second on 5E. Discussion is closed.
All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-645
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO COMMENCE IMPLEMENTATION OF THE MAJOR
INITIATIVES, AS RECOMMENDED IN THE ADOPTED FLORIDA EAST
COAST ("FEC") RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT
PLAN, SPECIFICALLY RELATED TO HOUSING; FURTHER DIRECTING
THE CITY MANAGER TO IDENTIFY FUNDING TO SUPPORT THESE
INITIATIVES AND TO RETURN TO THE COMMISSION FOR APPROVAL
OF THE FUNDING.
Upon being seconded by Commissioner Teele, 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
Commissioner Sanchez: 5F.
Vice Chairman Winton: And I'll try -- the other should be much quicker, and my apologies for
taking so long on that one but it was a key issue. Planning and Zoning resolution City
Commission adopt -- directing the City Manager to commence major implementation initiatives
specifically related to planning and zoning in the corridor, and it has only one bullet point and
64 June 13, 2002
that is to prepare a regulating plan to serve as the foundation for the future development of the
FEC Corridor, incorporating proposed special district and neighborhood conservation district
regulations as well as design guidelines and housing prototypes to the extent the terms are
appropriate to further analysis in giving primary priority to the Buena Vista rail yard; secondary
priority to the remaining proposed special districts conservation districts and the model block
area in tertiary priority to the remainder of the FEC Corridor study area and allocating $125,000
for commencing this initiative. That's $125,000 of new money. So moved.
Commissioner Sanchez: All right. There's a motion. Is there a second?
Commissioner Gonzalez: Second.
Commissioner Sanchez: Open for discussion. Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." 5F carries.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-646
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO COMMENCE IMPLEMENTATION OF THE MAJOR
INITIATIVES, AS RECOMMENDED IN THE ADOPTED FLORIDA EAST
COAST ("FEC") RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT
PLAN, SPECIFICALLY RELATED TO PLANNING AND ZONING;
FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY FUNDING
TO SUPPORT THESE INITIATIVES AND TO RETURN TO THE
COMMISSION FOR APPROVAL OF THE FUNDING.
65 June 13, 2002
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
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Chairman Tomas Regalado
Chairman Regalado: 5G.
Vice Chairman Winton: Second to the last, historic preservation and neighborhood conservation
district. Again, City Commission commence major implementation initiatives specifically
related to historic preservation. One bullet point: Initiate a survey of historic resources within
the FEC Corridor combined with appropriate follow up action to identify and establish historic
and or neighborhood conservation districts, giving preliminary priority to the proposed
neighborhood conservation districts and allocating $50,000 for commencing this initiatives. So
moved.
Commissioner Sanchez: All right, it's a motion. Is there a second?
Commissioner Teele: Second.
Commissioner Sanchez: Open for discussion. Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone against, say "nay." Motion carries.
66 June 13, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-647
A RESOLUTION DIRECTING THE CITY MANAGER TO COMMENCE
IMPLEMENTATION OF THE MAJOR INITIATIVES, AS RECOMMENDED
IN THE ADOPTED FLORIDA EAST COAST ("FEC") RAILWAY
CORRIDOR STRATEGIC REDEVELOPMENT PLAN, SPECIFICALLY
RELATED TO HISTORIC PRESERVATION AND NEIGHBORHOOD
CONSERVATION; FURTHER DIRECTING THE CITY MANAGER TO
IDENTIFY FUNDING TO SUPPORT THESE INITIATIVES AND TO
RETURN TO THE COMMISSION FOR APPROVAL OF THE FUNDING.
Upon being seconded by Commissioner Teele, 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
Vice Chairman Winton: And the last is a resolution, which really is simply a recap of the
funding and it's a resolution of the City of Miami Commission directing the City Manager to
commence major implementation initiatives specifically related to identifying an allocating
funding to support said initiatives, and in that regard the recap is as follows: under transportation
initiatives, to prepare a comprehensive transportation master plan we had $100,000 in economic
development initiatives. We have $150,000 -- no. For developing a financing plan, we have
$150,000, and for the reestablishment of commercial revitalization program, there's $100,000
and that really -- the intent there is CDBG (Community Development Block Grant) money and
creation and implementation of a marketing plan is $250,000 and preparations of target industry
analysis is $100,000. Then under planning and zoning initiatives, we have a request $125,000.
For historic preservation and conservation initiatives, 50,000, for a total new allocation of
$875,000, so we're asking the City Manager to find $875,000 to move each of these other major
initiatives. In addition to that, with many of the capital improvements that we've already
identified we are already committing, which is the City seed money, as far as I'm concerned,
$3,000,000 out of our bond program, that's in the first traunch and so we can start spending that
money as soon as the first bond issue goes out and to do the planning associated with it.
Commissioner Sanchez: All right. Is there a motion?
Vice Chairman Winton: So moved.
67 June 13, 2002
Commissioner Sanchez: Is there a second?
Commissioner Teele: Second. Footnote. Each of these items have to come back for
implementation, statement of intent.
Vice Chairman Winton: Yes, they do, each. Right.
Commissioner Teele: The revitalization funding in District 5 was suspended four years ago and
that money is supposed to be in a reserve for eligible project. In other words, we've always
allocated revitalization money for facades and all of that. We suspended that program and there
is supposed to be a District 5 reserve. I don't want this money to come from that reserve
necessarily, but I do need to look and see where we are on those allocations as it relates to that;
but that's a detail we'll take up and I am in support of the revitalization in this corridor. The
most important issue, though, Johnny, in this whole thing is this, the Mayor had public hearing
the other night in Little Haiti. One of the things that keeps coming up, the lady came and spoke
today. The county Commission is responsible for Northeast 2nd Avenue. It is a county road.
There every street and sidewalk that's screwed up in Little Haiti that's our responsibility. We
need to own it. We need to fix it. We do not have responsibility for Northeast 2nd Avenue and it
keeps coming up. Buried in here in your resolutions is a request that there be an effort to
expedite that. I'd like to ask that that item come up again in 30 days with the Public Works
Department and the Planning Department working together to see an intelligent way we can all
go before the MPO or the county Commission and somehow get this road on a priority basis,
because it's not going to go away. It's going to frustrate everything that we're trying to do and it
really needs to be coordinated because it just keeps coming up. We have the blame, but we don't
have the responsibility; so in seconding the motion, I did want to highlight that Northeast 2nd
Avenue. Call the question.
Commissioner Sanchez: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries.
68 June 13, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-648
A RESOLUTION DIRECTING THE CITY MANAGER TO COMMENCE
]IMPLEMENTATION OF THE MAJOR INITIATIVES, AS RECOMMENDED
IN THE ADOPTED FLORIDA EAST COAST ("FEC") RAILWAY
CORRIDOR STRATEGIC REDEVELOPMENT PLAN, SPECIFICALLY
RELATED TO IDENTIFYING AND ALLOCATING FUNDING TO SUPPORT
SAID INITIATIVES; AND TO RETURN TO THE COMMISSION FOR
APPROVAL OF THE FUNDING.
Upon being seconded by Commissioner Teele, 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
Commissioner Sanchez: Before I turn it over to you --
Vice Chairman Winton: I have two more things related to this, because I want to make sure that
there's a coordinated effort moving this thing forward, so we thought about that as well, and so
we would like to -- and I don't know. You all can help me in terms of the mechanics here, but
we need to direct the City Manager to find and appoint a City staff project manager for
implementing this plan, so somebody on the City staff that's held accountable for moving all of
these pieces forward; and that's one.
Commissioner Teele: I would second the motion on that, but recommend respectfully that that
person be a part of the bond team. Implementation money for this is going to come largely from
the bond and we authorize the Manager to hire five -- I think -- people for bond for the bond
management team and so my recommendation not in the motion, would be that that
implementation person be specified to be a part of the bond team, that's running this whole bond
program.
Vice Chairman Winton: Well, there's an added part to this. One last component piece of this
and that is to also direct the City Manager to create an internal FEC redevelopment plan
implementation progress review committee that will work with this project manager and to
oversee this whole thing and we will have monthly meeting and I will be happy to chair those
monthly meetings to make sure that the progress is going forward.
69 June 13, 2002
Commissioner Sanchez: Johnny, just to simplify things, let's separate those motions. The first
motion is to direct the City Manager to appoint someone from the bond --
Commissioner Teele: To appoint someone from his staff recommending a person from the bond
oversight team.
Commissioner Sanchez: OK. It's a motion and a second. Open for discussion. Hearing none,
all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
The following motion was introduced by Vice Chairman Winton, who moved its adoption:
MOTION NO. 02-649
A MOTION DIRECTING THE CITY MANAGER TO APPOINT A CITY
STAFF PROJECT MANAGER FOR IMPLEMENTING THE FLORIDA EAST
COAST (FEC) RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT
PLAN; FURTHER RECOMMENDING THAT SAID APPOINTEE BE A PART
OF THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT
BOND TEAM.
Upon being seconded by Commissioner Teele, the motion 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
Commissioner Sanchez: We'll go to the next motion.
Vice Chairman Winton: And the next motion is to --
Commissioner Teele: Recommend the creation of an internal working group, chaired by a
county Commissioner from District 2, a City Commissioner District 2, to monitor on a monthly
or a periodic basis the progress of the report on the FEC.
70 June 13, 2002
Commissioner Sanchez: All right. There's a motion. Is there a second?
Vice Chairman Winton: Second.
Commissioner Sanchez: Seconded. Open for discussion. Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 02-650
A MOTION DIRECTING THE CITY MANAGER TO CREATE AN
INTERNAL FLORIDA EAST COAST (FEC) WORKING GROUP CHAIRED
BY THE DISTRICT TWO CITY COMMISSIONER TO MONITOR ON A
MONTHLY OR PERIODIC BASIS, THE PROGRESS OF THE REPORT ON
THE FEC.
Upon being seconded by Vice Chairman Winton, the motion 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
Commissioner Sanchez: And thank you all very much. I'm sorry for taking so much time.
8. GRANT REQUESTS TO REPRESENTATIVE(S) FROM SIMPSON/ BRUCKHEIMER
PRODUCTIONS AND MICHAEL BAY FILMS TO DECLARE EXEMPTION FROM
PROHIBITIONS AND RESTRICTIONS CONTAINED IN CITY CODE SECTIONS 36-4(a)
AND 36-5(a) AS RELATES TO LEVEL AND HOURS OF NOISE WHILE FILMING "BAD
BOYS 11".
Commissioner Sanchez: Before I turn it over to you, there are two items here that these people
have been here all morning for the personal appearances, and those are the two film industries
that are asking for a variance of the noise ordinance. That is item 10 and 10A.
Commissioner Teele: Move item 10.
71 June 13, 2002
Vice Chairman Winton: Second.
Commissioner Sanchez: There's a motion to move Item 10. There's a second. Open for
discussion. Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone against, say "nay." Motion carries.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-651
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND
GRANTING THE REQUEST, FROM SIMPSON/ BRUCKHEIMER
PRODUCTIONS & MICHAEL BAY FILMS, FOR A VARIANCE OF THE
CITY OF MIAMI NOISE ORDINANCE FOR THE FILMING OF THE MOVIE
"BAD BOYS II," FOR THE PERIOD JULY 15, 2002 THROUGH OCTOBER
21, 2002.
Upon being seconded by Vice Chairman Winton, 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
9. GRANT REQUESTS TO REPRESENTATIVE(S) FROM METRO GOLDWYN MAYER
PICTURES, INC. TO DECLARE EXEMPTION FROM PROHIBITIONS AND
RESTRICTIONS CONTAINED IN CITY CODE SECTIONS 36-4(a) AND 36-5(a) AS
RELATES TO LEVEL AND HOURS OF NOISE WHILE FILMING "OUT OF TIME".
Commissioner Sanchez: Is there a motion to move l0A?
Vice Chairman Winton: Yeah, move 10A, so moved.
Commissioner Teele: Second.
Commissioner Sanchez: There's a motion and a second. Open for discussion. Hearing none, all
in favor, say "aye."
72 June 13, 2002
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-652
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING,
APPROVING AND GRANTING THE REQUEST, FROM METRO
GOLDWYN MAYER PICTURES, INC., FOR A VARIANCE OF THE CITY
OF MIAMI NOISE ORDINANCE FOR THE FILMING OF THE MOVIE "OUT
OF TIME," FOR THE PERIOD JUNE 15, 2002 THROUGH SEPTEMBER 15,
2002.
Upon being seconded by Commissioner Teele, 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
10. BRIEF COMMENTS BY VICE CHAIRMAN WINTON THANKING ALL THOSE WHO
WORKED ON FEC PROJECT. (See #7)
Commissioner Teele: Mr. Chairman, before we leave, it's 12:40, I didn't say this at the
beginning, I do want to say that Vice Chairman Winton has done an outstanding job, The
Manager, of course, is to be complimented for having the staff to work so cooperatively; and
most of all these outside consultants, many of whom I do not know, are really to be appreciated
other than I guess you're doing this under a City contract, but we really do appreciate the
intensity. The meetings all were held on Saturdays and the evenings. There were neighborhood
meetings, community meetings. We want to express our appreciation to all the people from
Lemon City and Little Haiti and Edison and Little River and all of the communities that came
out. There was a tremendous workshop even at the Clemente Park where we had workshops; and
I would like to respectfully request, Commissioner Gonzalez, this process is very dynamic, but
there's one piece I think from my observation, that's missing, and that is the western link to this.
Everything we talk about is the eastern link coming across 195. I talked about Bay -link. I would
like to preserve the right of the Commissioner from Allapattah to add on to the existing contract,
if he chooses to, to study the Allapattah corridor, particularly along 20th Street. If we talk about a
rail system that starts downtown and goes up through 36th Street down to 79th Street. The logical
spur is out 20th Street. It really is, and to tie that entire tremendous market which is being created
out there, the retail market with people who are shopping down in Flagler, et cetera and so, I just
73 June 13, 2002
wanted to commend it to you; the team is still assembled with the appropriate kinds of research
and maybe some augmentation to the team, it provides you with an excellent vehicle to continue
a process as opposed to starting something new and there's a tremendous value to that. I
piggybacked on the team as it relates to the concerns in Little Haiti and I think the same
applicability is true for you, but it's certainly up to you, but I would strongly support it, if you
choose to.
Commissioner Gonzalez: Sure, thank you.
Vice Chairman Winton: And may I just one last time thank the consultants, City staff, all the
volunteers, all the people who have worked so hard for over two years on this thing. You don't
know the number of meetings we've had. It's been a lot, and I think you all did one heck of a job,
and thank you, thank you, thank you.
THEREUPON, THE COMMISSION RECESSED AT 12:45 P.M. AND RECONVENED AT
2:43 P.M., WITH ALL MEMBERS PRESENT, EXCEPT COMMISSIONER TEELE, WHO
ENTERED THE MEETING AT 2:45 P.M.
11. DIRECT MANAGER TO COME BACK WITH RECOMMENDATIONS ON HOW TO
SIMPLIFY PROCESS FOR CLIENTS WHO ARE SEEKING ASSISTANCE INVOLVING
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM; AND
CREATE SENSITIVITY TRAINING PROGRAM FOR ALL STAFF MEMBERS DEALING
WITH CLIENTS UNDER HOPWA PROGRAM.
Chairman Regalado: We had a time certain item. Commissioner Sanchez had requested to be
heard in the afternoon session. It's one of the items in his blue page. Commissioner.
Commissioner Sanchez: Thank you, Mr. Chairman. The item that I'm referring to, that we
requested to be certain, is the item on HOPWA (Housing Opportunities for Persons Living with
AIDS, and for those who do not know the functions of HOPWA, HOPWA is an agency that
provides housing for people with AIDS (Acquired Immuno Deficiency Syndrome), and in the
past, as the appointee to the HOPWA Board as an ex -aficionado, I have received numerous
complaints from, not patients, but clients. I think in the process of educating people, people need
to be educated on this issue, because there's been a lot of concern, and a lot of questions that
have been brought forth in the program, and I've had the opportunity to sit down with some of
these patients that apparently, in the process that exists -- of course, you know that the City gets
"X" amount of dollars, and it's not enough to go around. But right now, as we speak, we have
1,200 clients in long-term. And being that we are -- and people need to realize this -- that the
City of Miami is the number one city in AIDS cases right now; followed with Broward and then
West Palm Beach. So, it goes to show you something. The City Commission in the last month
or so, some time in the past, requested even to have the City's administration seek some
emergency funding to try to alleviate these -- this burden that was placed on some of these
clients. But there's a lot of things that we basically need to do. I contacted the City's
department on CDBG (Community Development Block Grant), and one of the things was that
we didn't have enough funds. We didn't have a system in place to try to simplify the process.
It's a very complicating process, as we speak. The funds, they were there; it was closed, the
74 June 13, 2002
waiting list was closed. People did not have a process to get on that waiting list, even if it was
closed. So, you had a lot of people that basically just fell through the cracks in the system. And
what I wanted to do is bring this to light, because I know that each and every one of us up here,
as an elected official, has a responsibility, not only on the burden of the program and the City
that administers this program, but on the clients that are out there suffering. It's something that I
wish not to get in death, because -- in deep about because it's terrible. One of the things that we
had a problem was, we didn't have enough funding. So, a lot of people were being left out on
the list, and they didn't have a place to stay. We were able to work out with the City, where one
point five million dollars of emergency housing program will go into place to help some of these
people that are on that list, but can't get in to find housing. But I think we need to go a step
further. The money here is not the issue.
[Commissioner Teele entered the Commission Meeting at 2:45 p.m.]
Commissioner Sanchez: The issue here is that I think that we need to have better communication
with the clients, with the people that are out there that, for some reason, they can't break the
barrier of bureaucracy to open the doors to help them with their problems. So, I'm going to put
some suggestions here that I know the administration will accept in good faith, and that is that I
think that we need to have more public hearings. In other words, more communication to make
sure the people know what the process is. It's a very complicated process. Before you're even
considered disabled, you have to go through "X" amount of things that you have to do, which is
a very complicated process. I'm telling you that they even have to get their "T" cells counted
every certain amount of time to make sure that they do fall in -- able to be put in on the disability
list. Somehow, the City needs to sponsor more public hearings and have dialogue with the
clients, and above all, let me just say this -- because I've had the opportunity to sit down with
some of these clients -- some of the people that are working on these programs -- Mr. City
Manager, I want you to listen to this. Some of these people that are caseworkers, and they work
in HOPWA, need to be a little bit more sensitive. Sensitivity plays an important part in this. If
you cannot deal with people -- and above all, people that are sick, you have no business in that
profession. You should go out and wash cars; go out and do construction; go out and find
yourself another job, but if you're dealing with people that are sick, you cannot be rude to them.
I, as a Commissioner, will not tolerate it. I expect the administration not to tolerate it. So, what
we need to do is find ways to maybe have sensitivity training to make sure that this doesn't
happen. Because let me tell you something: It's sad, and if it wasn't because of them, these
people would not have a job. I wish that we didn't have to deal with this, but unfortunately, we
have to deal with it, and I'm very concerned. I do thank -- and I want to put this on public,
because I am a Commissioner -- that when people need to be praised, I praise them. Barbara,
you and the people at CDBG, I thank you very much. Each one that has come to my office,
basically in tears, in a point of desperation, where they can't continue to go on because they're
not -- somehow they're being blocked out or they can't get to where they want to get -- you have,
Barbara, and the people at CDBG gone that extra mile and you have helped them. And I thank
you and they thank you. But I think that we need to do a couple of things here. One, we need to
have more public hearings, OK, to make sure that we know how we could simplify that process
to get housing. Second, the City needs to sponsor those public hearings with the dialogue
between the clients. And above all, I would like to see that any individual dealing with any
clients in HOPWA receive sensitivity training. It's a must. And I have some that people here. I
75 June 13, 2002
wish you would speak on the issue. You need to come up and state your name for the record so
the City Clerk could put you down. And, basically, you know, put out your concerns because
this is a public hearing. And, then, what we're going to do is, the City's going to put together
some public hearings where we're going to go out and we're going to have a better relationship,
and we're going to have strings of communication open between City of Miami HOPWA and
yourself. So, sir, please state your name for the record.
Marc Cohen: I'm Marc Cohen. I'm president of United Foundation for AIDS. And I met with
Commissioner Sanchez about a month ago, and I brought with me to Commissioner Sanchez'
office a client of ours that we take care of through the foundation that was having a terrible time
through the housing process, and he's here with me today and I'm going to ask him to say a few
words in a moment. Commissioner Sanchez, Commissioners, Vice Chairman, Chairman, City
Manager, I'm grateful for the opportunity to discuss this issue today and to have the dialogue
opened up with respect to something that's been so critical and so mismanaged within our
community. To re-emphasize what Commissioner Sanchez has said, Miami is now first in the
nation for new HIV (Human Immunodeficiency Syndrome) infections. We have the highest rate
of AIDS cases in the nation. We, in terms of the state of Florida, are first ranking, second to
Broward. And these are all with respect to reported cases. We know that the problem goes
much further, you know, than that. I can tell you that on the way here, I spoke to Meriah Yarva
(phonetic) from the AIDS Housing Office in Seattle. Meriah has worked on tremendous models
that could enhance the housing situation for people with AIDS here in our community. I would
like to suggest that the City of Miami bring the AIDS Housing of Seattle to Miami. I believe that
they've spoken to the new Acting Director, Ed Fernandez -- Brian -- and he had actually had a
conversation -- Dan. I'm sorry. Dan. Dan, nice to meet you. This is welcomed. I can tell you
that my phone calls to that office before to Joni Jones -Harris were always left unanswered.
Eighteen phone calls, I never got a phone call back from her or Gwen. After hearing that Dan is
now in place and the pro -activeness on Barbara Rodriguez' part to embrace this community is
certainly helping to allow us in the AIDS community to sleep much better at night. We need a
technical assistance training program developed for Miami -Dade County. The City of Miami
can take lead in that with the AIDS Housing of Seattle. This can be something paid through
HUD (Department of Housing and Urban Development). There are HUD dollars available --
federal dollars that will pay for this process through AIDS Housing in Seattle. This is something
that we need, we can take advantage of, and not necessarily have to pay for ourselves. We need
a needs assessment and planning process. This is something that we would engage into with the
AIDS Housing of Seattle, and the funding comes from a match. AIDS Housing of Seattle with
money that comes in, through money that is allocated, I believe, through HOPWA funds that are
designated for this particular process and for this particular purpose. Inside of this lies the
answer to developing a supportive housing program, a process that also provides sensitivity
training, a process that identifies and continues to identify what the needs are of those that are
living with AIDS in this community. We have been facing a freeze on AIDS -- on the ability to
even engage someone into the HOWA list. There are so many people that are falling through the
cracks, and what happens is, someone who's dealing with having to medically manage
themselves. Disease management, as we know it today in HIV, is so critical. If someone's home
is not stable, then the ability to manage their own health is affected by it. The depression issues
are tremendous. I'm going to ask Michael Atherton if he would come up and join me and say a
few words to the City and to the Commission about his experience.
76 June 13, 2002
Michael Atherton: Hi. My name is Michael Atherton.
Commissioner Sanchez: Speak into the mic.
Mr. Atherton: My name is Michael Atherton. The reason I'm here today is I don't want
anybody else to have to go through what I've gone through over the last six plus months just to
obtain the very basic need of shelter. I've worked since I was 14 years old. I became HIV
positive when I was 27 years old. And I'm 41 years old today. I've been on disability at the
time in my life about five years ago, and I was working 50 hours a week, and I worked as long as
I could, until I couldn't work anymore. I couldn't walk. I lost a lot of weight and got very sick.
I've been at this a long time, as I said. There's a whole culture of people just like me here in
Miami, who didn't -- somehow didn't die before the invention of protease inhibitors, and, yet,
managed to taking handfuls of medicine all day long basically stick around and live somewhat a
quality of life. This isn't a pleasurable thing, because I know when I talk about my
circumstance, sometimes it can have the appearance of sounding victimee (sic), and I don't view
myself as a victim of anything. But at the same time, going through this Housing system over
the last six months, I felt very abused by the system.
Commissioner Sanchez: But explain your case.
Mr. Atherton: OK.
Commissioner Sanchez: Because you had funding. See, that's -- it's so complicated.
Mr. Atherton: All right. It's very complicated.
Commissioner Sanchez: Explain your case in specific --
Mr. Atherton: OK.
Commissioner Sanchez: -- because you had funding --
Mr. Atherton: Right.
Commissioner Sanchez: -- to go to one place and there was available another place and you
couldn't do it because you didn't have funding from the other place. Very complicated.
Mr. Atherton: It's crazy. Where I'm living now, I get a rental assistance. The place where I live
now, which used to be an entire apartment complex for people with HIV, the hospital that owns
it has decided not to do that anymore and they're turning it into employee housing. That's been
going on for the last year and a half. There are two of us left in this apartment complex with
HIV. The rest are hospital employees at this point. We heard rumors that this was going to be
happening approximately eight, nine months ago. We weren't officially -- we were told verbally
that it was coming. So, we were also left hanging in limbo for three months, not given any
further information on what to do about obtaining further housing for ourselves; just that we
77 June 13, 2002
were going to be asked to leave at some point in the future. When we were finally notified at the
beginning of this year, in writing, all I got was a phone call saying, "Call this man, Stan King at
Better Way of Miami. He's in charge of your rental assistance." And thus it began. It was just
crazy. I assumed, because I lived in an environment with people with -- with other people that
had HIV, that I had HOPWA funding. I come to find out that I had Shelter Plus Care funding,
which is an entirely different rental assistance program, and it's also different from Section 8
Program. It's very limited. The caseworker, Mr. King, that I worked with, was just difficult, as
an understatement, as far as giving any information or furthering any progress.
Vice Chairman Winton: Who does Mr. King work for?
Mr. Atherton: Better Way of Miami.
Vice Chairman Winton: OK.
Mr. Atherton: For some reason, there's a go-between between -- there's a -- Better Way of
Miami is a go-between for me and the rental assistance that I have, and I was told that that's who
I had to deal with to get new housing. Initially, I went to the HOPWA building, the Shelbourn
House on Miami Beach. That was the first place I looked at, and I was told that -- they accepted
my application. I was told I had an apartment. Three weeks later I was told that I couldn't get
the apartment. Their hands were tied because they didn't have HOPWA funding. And I needed
to go back and work with Stan King at Better Way of Miami, which I did. It's a very
complicated process with them. You have to find an apartment. You have to find a landlord
that's going to be willing to work with you, as far as passing inspection with the air conditioning
and heating, and the price ranges and windows. Plus, the five hundred dollars a month I get in
social security has to be able to pay the difference between what I'm able to afford. It's not
about -- for me, I need to stay on Miami Beach because my doctor -- what support system I've
managed to establish and maintain for myself is all on the beach. I don't have transportation.
I'm sick most days. I'm housebound most days. I need to stay in that environment for me.
Commissioner Sanchez: Mike, you're one of at least 50 -- well, I shouldn't say 50, but you're
one of about 20 people that have come to me with similar problems. The issue here today is, the
process itself needs to be fine-tuned.
Mr. Atherton: Very much.
Commissioner Sanchez: They need to know if they qualify for one thing, where do they go.
Mr. Atherton: Right.
Commissioner Sanchez: Because the problem here is, a lot of the issues is, first of all, it's hard t
find a place where they're going to take you in.
Mr. Atherton: Oh, yeah.
Commissioner Sanchez: Because of the situation that you're in.
78 June 13, 2002
Mr. Atherton: Right.
Commissioner Sanchez: Then there are other people that are in the situation where they're
comfortable where they're at, their tenants let them stay, they have good relationship with their
neighbors, and then they can't get the funding to stay where they're at.
Mr. Atherton: Right.
Commissioner Sanchez: So, you're just one of many, many cases similar to this.
Mr. Atherton: And the caseworker -- and I use that work loosely -- really was of no help, as far
as like finding a place or -- I mean, I basically was in a position of having to call strangers and
tell my life story, as I'm doing today, to a bunch of strangers to say, OK. Here's my
circumstances. Here's my situation. Can I live in your building? And -- right. The two
recommendations I did get from Mr. King were for buildings in -- one was in Liberty City and
the other one was in -- what's the other area? I can't think of the name. Right. In the northwest
part of Miami, which, to be honest, without transportation, I don't even get off the beach that
much. I couldn't even go look at the places.
Commissioner Sanchez: Well, Mike, you're OK with that now?
Mr. Atherton: Yeah.
Commissioner Sanchez: We were able to work it out and --
Mr. Atherton: Yeah. I finally was able to get -- I find out tomorrow.
Commissioner Sanchez: Well, it's going to be good news.
Mr. Atherton: Yeah.
Commissioner Sanchez: Going to be good news. Thank you.
Mr. Atherton: Thank you.
Chairman Regalado: Thank you. Luis.
Luis Penelas: Luis Penelas, 133 Northeast 47th Street. Basically, I want to echo the sentiments
that I've already heard. Thank you, Commissioner, for coming in front of this issue. I came to
you last year about one of many patients, one of the many people that have tried to get help from
us. To me it was amazing finding out how complex this process was. This was a young man
who, not only has a diagnosis of HIV/AIDS, but also is bipolar dysfunction. And through this
process, he was on a temporary list, and then, for some reason, he didn't fill out the appropriate
box on a form and he didn't get transferred to a permanent list. A disease that is not curable
shouldn't even have a temporary list. Why do we complicate matters? I mean, it's a very
79 June 13, 2002
straightforward thing. These people need housing and they need housing right away. Just
because he supposedly didn't fill out a little box appropriately, the waiting lists were closed.
Thanks to you, Commissioner Sanchez, I understand now that the waiting list, at least, has been
opened so that we can start getting a better idea of what the needs are in our community. But up
until now, people who would call, they would just say, "Sorry." You know, you're not even
giving them hope. Simple case of, you know, not seeing the trees for the forest. I mean, these
are people that need help, and the amount of sympathy and the amount of support that this poor
man got and that I got trying to help him was almost nonexistent. So, thank you for taking the
lead on this. And I know that, through your efforts and through the work of this Commission,
we will be able to improve the situation. Thank you.
John Camporino: Well, my name is John Camporino and full blown AIDS four years as being
diagnosed back in 1997. They say my CD's (Community Developments) are under 200. And
I'm disabled and a friend of Michael Atherton, that was talking here before, I am the same
situation. He already mentioned a few things. I don't have to repeat it again. I'm sorry. I used
to talk. I used to teach and I used to talk to 30, 40 kids in the classroom, but it's just, for me, real
tough over here right now, especially talking about this question that -- I have to confess that I
feel totally numb, lost because just one day I received a letter of eviction and then nothing else.
Everything has to be or should be or has been mouth to mouth, nothing writing -- nothing by
writing, and I just -- Mr. Sanchez mentioned a word that is very important—lack of sensitivity.
It's a total lack of sensitivity because it's like if you talk and nothing happen, and you talk again
and you hear everything and nothing really happen. And the last thing that happen to me, that I
received a letter from some housing program, telling me about a new Section 8 Voucher. I went
there. I brought all the paper -- all the information that they wanted from me. I don't hear
anything else, nothing at all. And to me it's like -- I don't know. It's sort of kind of indifference
to the problem, indifference to whatever should do, because I feel like it just run and stepped on
my place. And one of the worst feelings that I have is that if something is attacking against my
life, because I have been fighting. I have been fighting for being like I am now. I respect all the
rules, all the laws, I file for my treatments, and now I feel that something just want to destroy
me. Because I have been in a lot bigger stress since January, when I received the eviction letter.
But I haven't received anything else, like any papers saying me information this going to happen,
this guy or this person, this agency will take care of you, nothing, nothing at all. Everything is
like -- I mean, I don't know. I don't know what's going to be the end. It's very difficult.
Because also I feel like I have to fight for my estate in a place that I feel safe, in a place where I
have been rebuilding my life since the last four years. I have my support group for mainly HIV.
I have my friends over there; new friends that I get through the years over there, my doctors, my
treatment, infusion, therapy, everything there. Yes, I have an old car. I don't know when it's
going to be break. I probably will have to forget about the car and start using the bus. Fine. I
did it before. I did it when I came to this country and I survived, you know. But at this moment
of my life, I'm 50 years -- 58 years old, and I have to realize that I'm not the same man that I
was 20 years ago. I have a disease that hasn't been cured at all. It's uncomfortable for me in a
way, because like Michael say, I don't want to look like a victim. I mean, I just wanted to be
understood like a man that is in a very stressful moment, and I would like to find a solution.
Because I think that it's a human thing to find a solution for this.
Chairman Regalado: Thank you.
80 June 13, 2002
Commissioner Sanchez: Mr. Chairman, just in conclusion, you know -- the program itself --
let's just talk about one of the many things. The Sugar Hill Project that was established in 1994
was a total disaster. The City put in, I think it was one point five and the County put one point
three, and it's still not open. That could be used as a facility to house them there, temporarily, to
move them on. These are just suggestions that could be brought forth. What I would like to ask
the administration is -- and I'd like to bring it back. It may not make any resolutions today. But
find ways to have the administration hold throughout our community meetings, public hearings
to get input, to talk to them, to open up communication, so we could learn what is it that we
could do to simplify the process, which right now is very complicated. The other issue is -- that
I'm very strong on is that anybody who has to deal with clients -- and I'm talking about clients,
anybody who has AIDS or under the HOPWA Program -- shall go through a sensitivity training,
because it's important to know what they're going through. It's not only that you're sick at one
point. It gets to a point where you basically are not -- your mind is not OK. And when you call
someone and you're disrespectful to that person -- and I know that it's difficult to deal on both
sides -- I just think there needs to be more communication on -- the process, it's not perfect, but
it's there. It provides an assistance. I just think that it would be better if we could fine tune it
and make it more simpler, and at the end of the day, through an assessment process, we could
have a better system in place to help clients that are under the HOPWA Program.
Chairman Regalado: Thank you. Thank you. I think -- is anything else that you want to add to -
Christine Stray -Martin: Yeah. My name is Christine Stray -Martin, 20363 Northwest 39th Court.
I'm the Executive Director of Community Case Management. I also want to reiterate some of
the things that Commissioner Sanchez has said. My organization provides case management to
many, many people living with HIV and AIDS, especially those that are Liberty City area. One
of the things that I'm glad he just brought up was the Sugar Hill Project. That is one project that
the Liberty City community is very, very upset about, because it just sits there. And that's
housing that could be made available. One of the things that is really, really needed in our
community is some short-term or transitional housing. You have people that are in emergency
situations, and since HOPWA has converted all of its money into only long-term, that's one of
the reasons you have some of these waiting lists, but there are some people that only have short-
term, like for example, the recently incarcerated; people that may have been evicted, so they're
looking for something in between until they can get up on their feet. And we need to have a
supported and assisted, meaning that they need to have case managers to help them take care of
their needs; they need to have some job training and job skills so that when that six months or
eight months or however long we decide that transitional housing will be, that they're ready to
move in. The other thing I also wanted to talk about was the sensitivity training. Yes, that is
absolutely, positively right. I have clients that come back to my office in tears, because of the
treatment that they have gotten. And, third, when you're talking about the public hearings,
there's actually a mechanism that's already in place that may help you. I'm a member -- oh, let
me take back. I'm actually -- I used to be a member. My seat just ended on Monday -- of the
HIV/AIDS Partnership, and the HIV/AIDS Partnership has a seat on our board for a HOPWA
representative. Brian Brown, who works for the City, is our representative. We have a Housing
Committee. And one of the -- it is actually -- it started as the Housing Advisory Board, that used
81 June 13, 2002
to work with the Committee, that used to work very well hand-in-hand. We would do the needs
assessment and make some recommendations to the City, and the City would take them and then
implement them. Somehow that process between the Housing Committee and the City has
broken down, and the Housing Committee has not been able to pass its recommendations onto
the City. That Committee actually has a good representation from the community, and actually
has mechanisms in place to do that, and you could use that. Because one of the -- the HIV/AIDS
Partnership is in charge of doing planning for HIV/AIDS here in Miami -Dade County. I happen
to be the chair of the Comprehensive Plan Committee. And we would really be willing to help
you in getting the voice of the community to come out, and let you know what's going on and
what the housing needs of the residents of Miami -Dade County, the City of Miami, City of
Hialeah and Miami Beach are. And that's all I wanted to say.
Chairman Regalado: Thank you.
Commissioner Sanchez: Mr. Chairman, if there is no further discussion, I'd like to make a
motion to direct the Administration to have -- come back with recommendations to simplify the
process, of course, by holding public hearings throughout our community and to create a
sensitivity training for all staff members dealing with clients under the HOPWA Program. So
moved.
Chairman Regalado: OK. We have a motion --
Commissioner Gonzalez: Second.
Chairman Regalado: -- 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. 02-653
A MOTION DIRECTING THE CITY MANAGER TO COME BACK WITH
RECOMMENDATIONS ON HOW TO SIMPLIFY THE PROCESS FOR
THOSE CLIENTS WHO ARE SEEKING ASSISTANCE INVOLVING THE
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM; FURTHER DIRECTING THAT PUBLIC HEARINGS BE HELD
THROUGHOUT THE COMMUNITY IN ORDER TO BETTER INFORM THE
CLIENTS AND COMMUNITY OF THE HOPWA PROCESS AND FURTHER
TO CREATE A SENSITIVITY TRAINING PROGRAM FOR ALL STAFF
MEMBERS DEALING WITH CLIENTS UNDER THE HOPWA PROGRAM.
82 June 13, 2002
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
12. SECOND READING ORDINANCE: AMEND SECTION 2-892 OF CITY CODE AND
ADD NEW DIVISION 16, SECTIONS 2-1215 THROUGH 2-1220, TO CREATE AND
ESTABLISH DISTRICT THREE HISTORIC PRESERVATION ADVISORY BOARD.
Chairman Regalado: Why don't we now and - -
Commissioner Sanchez: Mr. Chairman, the first one I so move. It's just creating a historic
preservation advisory board in my district. This is second reading, I don't there's any debate.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded. This is a pubic hearing. Anybody from the
public? Being no one, read the ordinance. Roll call.
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO CREATE AND ESTABLISH THE CITY OF MIAMI
DISTRICT THREE HISTORIC PRESERVATION ADVISORY BOARD
(`BOARD"); PROVIDING FOR THE BOARD'S "SUNSET", SETTING
FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES,
JURISDICTIONAL AUTHORITY, MEMBERSHIP, TERMS OF OFFICE,
VACANCIES, OFFICERS, MEETINGS, VOTING AND QUORUM,
ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY AND
RULES OF PROCEDURE, ADMINISTRATIVE ASSISTANCE, COUNSEL
AND FILING OF RECORDS; AND MORE PARTICULARLY BY
AMENDING SECTION 2-892, AND ADDING NEW DIVISION 16,
CONTAINING SECTIONS 2-1215 THROUGH 2-1220 TO SAID CODE; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
83 June 13, 2002
The ordinance was passed on its first reading, by title, at the meeting of May 9, 2002, was taken
up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez,
seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12234.1.
Carlos Gimenez (City Manager): Mr. Chairman, just a comment on this particular ordinance that
passed. It seems like the trend is going to be that every district will have a historic preservation
board and that's going to create a lot of work for a staff that is already strained, so I would
encourage that maybe we can look at this differently if it's going to be creating five separate
boards. One board is ok, two boards; once it gets to be five boards it going to be a big strain on
staff to try to keep up with all these different boards, so maybe there may be a way to bring it all
together and have one main board and have representatives from different districts or something
which will make it easier and it's just a thought.
Vice Chairman Winton: Well, actually I think I was the second one and I was told by staff that
they couldn't help me anyhow, so I think they might have been able to help one, but they
certainly we're going to be able to help two.
Commissioner Teele: Mr. Chairman the genesis of this board is the fact that we cannot get help.
I mean, I hear from people everyday expressing frustration. I think what you're saying makes a
lot of sense; however, and again I believe very strongly that the City has made a mistake in
putting all of a historic planning resources in the Planning Department. Those resources need to
be in a much more proactive department and implementation department, such as Public Works
or community development; but what I think that we should do is sunset all of these committees
in three years and three years because I think what we really need we need to try to do inventory
and try to figure out district by district and develop some priorities, but I do think this thing
needs to come out citywide, but what we did, as you recall, is we took community development
dollars and move them over to Planning Department for the purposes -- and then the responses
that people have been getting have been very much like what we have been listening to in this
HOPWA (Housing Opportunity for Persons with AIDS) thing. I think we need to take another
look at how we're approaching this, but I am very sympathetic that to support two boards,
particularly just from the Clerk's Office as well as from the Attorney's office as well is from --
they got to understand the sunshine law they got to understand this, I mean more to this than just
84 June 13, 2002
saying that it's a board, but I do think that we ought to let the boards exist for a couple of years
how old is this City now?
Mr. Gimenez: I think it's about 108, close to 108 years old. No, it's 106.
Chairman Regalado: In '96, we celebrate --
Commissioner Teele: Well for 100 years now, we've not paid any attention to the historic, so we
need 3 or 4 years to focus on it, but I think we ought to sunset all of the boards and then do as
you recommended, create a citywide board, but I think It will be very good to try to get an
inventory and to get some this thing is going to separate itself these boards are going to some of
them are going to do well and some of them are not going to do well, but I'm very sympathetic of
what you are saying, that is there is a limit to how much we can support, but I will ask your
indulgence in just letting everybody that wants to do it and we ought to come back with an
omnibus ordinance, Mr. Attorney, if the majority of the Commission agrees to sunset these
boards in three years, say in 2006, all of them, with a new board citywide, and replace it with a
citywide board and I think this is a good time to sort of agree on that informally, if everyone
agrees.
Commissioner Sanchez: I'm open-minded. Commissioner Teele, I just think that the reason why
districts are doing it, is because I think the process itself, they think that their district is being left
out. You have a small department doing the historic preservation and I could only speak for my
district, but we have a lot of historical buildings in my district. Along the City there are so many
of them and that's why each district has created these boards to protect their historic significance.
Chairman Regalado: I would suggest, Commissioners, I would suggest the staff of each
Commissioner's will support this board, because there is no one that knows better the district
than the residents and that will be very proactive in bringing the information and eventually it is
the Commissioner from the area that has to bring this to the process, so members of the
Commission can support and coordinate this board because if we don't, it's going to be months
and months before they start meeting, and they can even meet somewhere or they can even meet
in the Commissioner's office and that way we take that burden from that administration. Don't
complain. We cannot complain because the Manager has said there is nothing that we can do
about it, but it's an ordinance and we have already aboard.
13. SECOND READING ORDINANCE: SUNSET LATIN QUARTER REVIEW BOARD;
REPEAL SECTIONS 62-221 THROUGH 62-227, AND AMEND SECTION 2-892OF CITY
CODE ENTITLED "ZONING AND PLANNING/LATIN QUARTER REVIEW BOARD.
Chairman Regalado: You have another ordinance, second reading.
Commissioner Sanchez: Yes, sir. It's the sunsetting of the Latin Quarter Review Board. Here we
added a board, now we're going to do away with one because I often said be careful what you
ask for because you never know what you're going to get, and the Latin Quarter Review Board
which was instrumental in the beginning of the Latin Quarter concept, apparently now they
cannot even get a quorum. What's happening now, instead of benefiting the area and the
85 June 13, 2002
revitalization plan that we have, we're having developers bring their architects and their
attorneys and they cant get a quorum, so it's really hurting the district and at this time, we're on
second reading to sunset, so I move.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been move and seconded. Being a public hearing, anybody from the
public? No one from the public wishes to speak. We close the public hearing. Read the
ordinance. Roll call.
An ordinance entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE
LATIN QUARTER REVIEW BOARD; MORE PARTICULARLY BY
REPEALING IN ITS ENTIRETY, ARTICLE VIII OF CHAPTER 62, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED
"ZONING AND PLANNING/LATIN QUARTER REVIEW BOARD,"
CONSISTING OF SECTIONS 62-221 THROUGH 62-227, AND BY
AMENDING SECTION 2-892; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
The ordinance was passed on its first reading, by title, at the meeting of May 9, 2002, was taken
up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez,
seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12235.
86 June 13, 2002
14. AUTHORIZE CITY'S CO-SPONSORSHIP OF MOTHERS AGAINST DRUNK DRIVING
(MADD) PROGRAM DURING JULY; APPROVE PLACEMENT OF BANNERS ON LIGHT
POLES LOCATED WITHIN CITY THOROUGHFARES TO PROMOTE SAME.
Commissioner Sanchez: Mr. Chairman, my last item on the Commissioners blue pages is
concerning co-sponsorship of Mother's Against Drunk Driving banners during the month of
July. So move.
Vice Chairman Winton: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes. Thank you very much.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-654
A MOTION AUTHORIZING THE CITY'S CO-SPONSORSHIP OF THE
MOTHERS AGAINST DRUNK DRIVING (MADD) PROGRAM DURING
THE MONTH OF JULY; FURTHER APPROVING THE PLACEMENT OF
BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI
THOROUGHFARES TO PROMOTE SAME.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted
by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
87 June 13, 2002
15. NAME NEWLY CONSTRUCTED HADLEY PARK SENIOR AND CULTURAL
CENTER LOCATED AT 1300 NORTHWEST 50TH STREET AS CONGRESSWOMAN
CARRIE MEEK SENIOR AND CULTURAL CENTER.
AUTHORIZE MANAGER, WORKING WITH MAYOR'S OFFICE, CONGRESSWOMAN
CARRIE P. MEEK' S OFFICE AND DISTRICT FIVE COMMISSIONER'S OFFICE, TO
ESTABLISH DATE FOR OFFICIAL DESIGNATION AND AUTHORIZE FEE WAIVER,
$7,500, FOR PURPOSE OF PLAQUE AND ACTIVITIES ASSOCIATED WITH
DEDICATION OF FACILITY.
Chairman Regalado: Vice Chairman Winton, on the blue page, anything that you want to do?
Vice Chairman Winton: No, sir.
Chairman Regalado: OK, Commissioner Teele, we have --
Commissioner Teele: I have certain matters that I'd like to take up. One's on the blue page. One
is not.
Chairman Regalado: Let's do the blue page.
Commissioner Teele: Mr. Attorney, we requested that there be a formal resolution drawn up, but
this is the public hearing to designate the Hadley Park Community Center as the Hadley Park
Congresswoman Carrie Meek Senior and Culture Center. It appeared as a discussion item. The
request was a resolution and in that regard, Mr. Manager and Mr. Winton and others, I think the
City needs to establish a clear policy on plaques relating to new buildings that have been
constructed. There seems to be a lot of creativity about this and I don't want to entertain that at
this time, but a plaque has got to be done assuming this resolution passes, but as we bring our
bond improvements, I know we got the park over there in Coconut Grove that's coming on line.
There are some questions that we need to thing about in terms of how these plaques are
presented. The architect, the engineer, et cetera, the City Manager, the funding sources, previous
Commissioners, previous Mayors, those are a number of things that we need to look at, perhaps
not in the discussion of a dais discussion, but certainly your staff needs to look at that. I for one
believe that we should authorize a supplemental plaque for these buildings that acknowledges the
safe neighborhood bond funding as well as the homeland defense bond proceeds and that is a
standard plaque and then a supplemental plaque and I would strongly urge that the Public Works
Department and the Planning Department, the architect of the City working with the office of the
Mayor, that you all come in with some recommendations, because is see a tremendous
opportunity for folly and mischief and quite frankly omission. The safe neighborhood bond
should receive some recognition I think for parks that they're funding and I think it should
indicate in some representative amount, not necessarily dollars, but 20 percent or 30 percent or a
better way to express it, but I do think that the homeland security bond funding should be
acknowledged because people need to know and I think it's very important that we acknowledge
the appropriate officials and I don't know who they are, but I see all sorts of names on plaques
everywhere, and I'm not talking about who the name of the building is. I'm talking now about all
88 June 13, 2002
the other names that get crowded in. Certainly, in my judgment, I'd just go so far to say, I think
that the parks director for park facilities, just like if this were a library, that the librarian should
be on it as a matter of professional courtesy, but I'm looking for some recommendations because
the goal here is to name the building for Congresswoman Carrie Meek, but the goal is also to put
together a plaque process that can be done, so Mr. Attorney, if you could read into a subject
matter of a formal resolution -- and the reason that I'm doing it this way is -- Commissioner
Winton, is because I continuously said when we deal with the public's land we should do it in a
public hearing. It's just as easy to name this by resolution with nobody knowing it as a pocket
item, but I think when we do this we should do it in the public because we're sitting not really as
Commissioners. We're sitting as trustees now for the various parks that are here, so I know
there's no opposition. I know there's strong community support. I have a letter from
Congresswoman Meek who just can't believe that the City of Miami has finally acknowledged
some of the things that she's done. As Mr. Cruz said, the other night in an outburst, I hear you all
every month. You talk about what Congresswoman Meek is giving and what she's delivering.
Don't we have other congressperson?
Vice Chairman Winton: Which outburst was that?
Commissioner Teele: But in fairness to the other congressmen and senators, we're very
fortunate to have Congresswoman Meek who has succeeded Congressman Lehman on the
appropriation's committee and they're many committees in Washington, but the appropriations
committee for most items is the last committee that sends the money down, and so
Congresswoman Meek is very much involved in the FEC corridor study, like this morning, or the
Model City home or most of the transportation dollars we're working with Mayor Penelas and
others, and so we do owe her a great deal of gratitude and I'm very pleased to urge that this park
facility be named for Congresswoman Meek in light of the fact that long before she was a
Congresswoman, she was a physical education instructor. Her background is in parks and
recreation and culture and taught gym and has been a tremendous advocate for helping young
people throughout the county from Tallahassee to Daytona and of course in Miami, and so I'm
very pleased to offer the motion for the purpose of designating the previously designated Hadley
Park Senior Center to be designated as the Hadley Park Congresswoman Carrie Meek Senior and
Culture Center.
Chairman Regalado: It's been moved and seconded. Mr. Mayor, do you want to address the
Commission on this item?
Mayor Manuel Diaz: Yes. I just wanted to make sure that I was here and congratulate
Commissioner Teele for this initiative and all of you for supporting it, thought you haven't voted
yet, because it is high time that we recognized Congresswoman Meek for everything that she's
done for this community and for the people of the City for her great political judgment.
Chairman Regalado: Thank you. Since we are sending this resolution to Congresswoman Meek,
let's do a roll call, Madam City Clerk, so she can have details of the voting and this Commission.
89 June 13, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-655
A RESOLUTION OF THE MIAMI CITY COMMISSION OFFICIALLY
NAMING THE NEWLY CONSTRUCTED HADLEY PARK SENIOR AND
CULTURAL CENTER LOCATED AT 1300 NORTHWEST 50TH STREET,
MIAMI, FLORIDA, AS CONGRESSWOMAN CARRIE MEEK SENIOR AND
CULTURAL CENTER; FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE HEREIN DESIGNATED INDIVIDUALS.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: And the companion item would be an item to authorize the City Manager
working with the Mayor's office, the Congresswoman's office and the district 5 Commission
office to establish a date between June 25 and July 13 for the official designation and authorizing
the expenditure and fee waivers not to exceed $7,500 for the purpose of the plaque and the
activities associated with the dedication of the facility. So moved.
Vice Chairman Winton: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
90 June 13, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-656
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER, IN COLLABORATION WITH THE MAYOR'S
OFFICE, CONGRESSWOMAN CARRIE P. MEEK'S OFFICE AND THE
DISTRICT FIVE COMMISSIONER'S OFFICE, TO ESTABLISH A DATE
BETWEEN JUNE 25 AND JULY 13, 2002, FOR THE OFFICIAL
DESIGNATION OF THE NEWLY -CONSTRUCTED CONGRESSWOMAN
CARRIE P. MEEK' S SENIOR AND CULTURAL CENTER AT HADLEY
PARK, 1300 NORTHWEST 30TH STREET, MIAMI, FLORIDA; FURTHER
AUTHORIZING THE WAIVER OF ALL REQUIRED FEES AND THE
COSTS OF THE PLAQUE AND ACTIVITIES ASSOCIATED WITH
DEDICATION OF THE FACILITY, IN AN AMOUNT NOT TO EXCEED
$7,500.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
16. AMEND CITY CODE BY ADDING SECTIONS 18-71 TO 18-114,18-176.1 TO 18-176.3,
AND AMENDING SECTION 18-180 TO PROVIDE PROVISIONS FOR PROCUREMENT
OF GOODS AND SERVICES AND OPTING OUT OF MIAMI-DADE COUNTY
REQUIREMENTS RELATED TO CONE OF SILENCE; AND TO INCLUDE PROVISIONS
FOR LEASE OF REAL PROPERTY INCLUDING UNIFIED DEVELOPMENT PROJECTS,
CONE OF SILENCE AND PROTESTS.
Chairman Regalado: Commissioner, you have several items.
Commissioner Teele: Mr. Chairman, I think there is one item that is on the agenda. I'll wait till
the end for my items, but I would, as a courtesy, like to bring up the procurement regulation,
because I think one of the issues that we need to focus on as a collegial body is this whole issue
that we've read in the editorial in the "Herald" today. I think we have a compromise if we can
get the procurement regulation up, then maybe. I have not had the ability to talk to
Commissioner Gonzalez, but I would very much like to try to remove this item and get it up for
91 June 13, 2002
discussion for the good of the order, if we can bring up the procurement regulation at this time.
Is that item 17?
Chairman Regalado: Is that your wish? You want to --
Commissioner Teele: I'd like to bring up item 17 in lieu of bringing up any more items on my
blue pages.
Chairman Regalado: OK, Mr. City Attorney, it's an ordinance, and Mr. Manager, is there
anything you need to say?
Carlos Gimenez (City Manager): I'd like to get Judy Carter to give an update of what this
ordinance is all about.
Commissioner Teele: Mr. Chairman, before Ms. Carter starts, and to the Law Department, to the
Internal Auditor, to the Procurement Director, it is my intent to urge that this ordinance be
amended in several ways. One of the manners that I'm asking, Mr. Attorney, for a title change at
this time is to provide for the Manager to have the ability to appoint expert consultants pursuant
to the appropriate OMB regulations and FAR (Floor Area Ratio). Mr. Chairman, one of the
ways to deal with the problem that this Commission and this City is faced with as it relates to
personnel is as I suggested a month ago, but apparently there's been no research done, and that is
to treat some of the personnel items as contract items. Under the Federal Regulations today, if
the President of the United States or if any cabinet member desires to have a person on their
staff, until they have been confirmed by the appropriate branch, in most cases the Senate, they
are appointed as an expert consultant. There's an entire Federal Regulatory scheme that governs
that. It's called expert consultant. Those persons are appointed by, in most cases, the assistant
secretary for administration or in our case the Manager and they are appointed to serve on a day
to day basis, generally for a term of not to exceed one year or in some cases, ninety days. They
receive a daily rate, and I will propose that as the resolution the daily rate that we would
establish, would be equal to a GS -15, that is a government appointee 15, and I would assume that
rate is approximately $120-125,000, which is the rate that our current department directors, most
of them are at, I would assume. Is that a fair statement? Somewhere between 115?
Mr. Gimenez: Between 100, 120, 125.
Commissioner Teele: And the appointment of an expert consultant is a procurement process. It's
not a personnel process, but it is a procurement process handled in the regulatory scheme through
the personnel offices, and based upon a procurement regulation which is clearly outlined in the
Federal Statute and in the FAR. The obvious disadvantage of this appointment is you get no sick
days. You get no vacation days. You either are at work or you're not at work. The advantage, of
course, is it's not an hourly basis, so if you come to work one hour you've been at work that day,
but if it were for example to be a Christmas holiday issued by the Manager for personnel, that
person or persons do not qualify. When a person is designated such as a cabinet secretary to be
sworn in or assistant secretary, that is the method on which they are appointed as an expert
appointment. They are not personnel at that point. They're paid a daily rate. That daily rate
normally equals to whatever or is always less quite candidly, but by providing for an expert
92 June 13, 2002
consultant scheme, consistent with the federal rules within our procurement regulations, I think
we can address one option. Now I'm not speaking for Commissioner Gonzalez. I have not
discussed it with him, but it provides a way rather than changing all of these other things that
we've been talking about changing, which is something that I think some of us would like to see,
and so I would like to make sure that there is a title insertion in this at the appropriate time, Mr.
Attorney, and then give the staff two weeks to go back and research it so that in two weeks we
can come back with the full regulatory scheme by inserting it into the title. That solves a big
problem and obviously that is something that would allow the City to have the flexibility to bring
on not only formerly retired people but persons that may be true experts in an area that you want
to bring them in for a specific period of time and gives you that flexibility. So I wanted to do
that because this whole issue, we all read the "Herald," we all read the editorial page. We're
well aware that we're dealing with an area which we're trying to maintain stability and
credibility and at the same time I think there's a very important principle, and that is a
commissioner should be able to have the staff work for him or her that they can afford to pay
without any interference from the Manager the Mayor or whomever else and I think this may be
a way to compromise that, Mr. Attorney?
Alejandro Vilarello (City Attorney): Mr. Chairman, to Commissioner Teele, it does not require a
title change. It's a good or service that we'll provide by definition, but you should consider it at
first reading. That way, we won't have an issue of materiality in change between now and second
reading.
Commissioner Teele: Well I would like for the title to say in addition to everything else, expert
consultants, because that's what the language challenges and that's what the language in the
federal statute --
Mr. Vilarello: We can certainly add that.
Vice Chairman Winton: And I'll tell you, there's a huge need for that in the City. We've got --
every Commission meeting we probably have three or four significant specialized items that
we're directing the City Manager and the staff to do, every Commission meeting, and they just
keep stacking up, stacking up, stacking up, and we don't have the internal resources to do it and
the last thing we need to do is add on this huge bloated bureaucracy and as soon as the economy
hits the wall, we're way overloaded. This is a desperately needed move, so move the ordinance
again. More brilliance.
Commissioner Teele: Not brilliance, it's just experience. It's just been there and done it, and
been an expert consultant twice.
Chairman Regalado: You are moving the ordinance, as amended?
Commissioner Teele: I think you need to hear from staff.
Commissioner Sanchez: Yes.
93 June 13, 2002
Commissioner Teele: But I just wanted to get that narrow aspect of it and I think it is one of the
issues that's sort of hanging over the Commission all day today.
Chairman Regalado: This ordinance not only covers -- not only gives the Manager more latitude
in contracts, but it imposes a very strict cone of silence on elected officials, is that correct?
Judy Carter: Yes, sir, as we address the -- My name is Judy Carter and I'm the Director of the
Purchasing Department for the City of Miami. I would very much like to have the opportunity to
address with you the changes that we're proposing as opposed to what we provide for now, so
that you can, as well as the public, can comparatively see what we are asking you to approve.
The cone of silence, I'm going to defer to the City Attorney and he will explain to you what is
provided or proposed in the ordinance as it relates to the cone of silence.
Commissioner Sanchez: Before you do that, Mr. Chairman, just on this proposed ordinance,
there will be a -- you will provide a report to us on a monthly basis of all the expenditures?
Ms. Carter: Right, that is one of the things that I plan to share with you as it relates to the
changes that we are going to propose, yes, so if I might begin.
Commissioner Sanchez: You have the floor.
Ms. Carter: I thank you so much. First of all, I'd like to thank each and everyone the members
of this Commission for allowing this department to even be here today because had you not had
the vision to recognize and understand the importance of making changes to the charter to allow
us to make changes to our procurement code, we would not be in a position to come before you
today, so I thank you very much for your support and as well the leadership of Vice Chairman
Winton on the charter review committee. Thank you very much. Now, let me -- and I'm not
going to be very lengthy -- try and share with you very succinctly what we are asking you to
approve today in first reading. One of the things that this Commission had asked us to do in
earlier times and that was to relook at the primary office provision as it relates to local
preference. Currently our code provides for a primary office and we are asking to replace that
phrase with a local office. In this instance we would now then define that local office to mean
any business whose permanent structure is located within the corporate limits of the City of
Miami would now be in the position to be eligible for our 10 percent local preference. What we
had before was primary office, and to some that might have meant only those who had
headquarters located within the City, so now we've expanded that to allow us to utilize and allow
those vendors who are local to receive and reap the benefits of local preference. However we
also do not want to have those vendors who seek to take advantage of the law by coming in and
going out and coming in and going out, and so as a result of that we've also added a provision
that says this. Number 1, post office is not sufficient in order to say that you are located within
the City of Miami. Secondly, it is also a requirement that your business would have been in
existence in the City of Miami at least six months prior to a bid opening, so that we can feel
comfortable that you are here for the long haul and you did not come in for the purpose of taking
advantage of the benefits of this 10 percent local preference, so in this instance we have replaced
primary office with local office and we have now defined that very clearly in the code as it
relates to what that means. Number 2, and this is extremely important to us, our current bid limit
94 June 13, 2002
for competitive seal bidding for procurement of goods, equipment and contractual services is
$4,500, which essentially means that anything over $4,500 will require an advertised competitive
sealed bidding process. We are asking -- proposing that we increase that bid limit to $25,000 for
those procurement of goods, equipment, and contractual services. In addition to that, we are also
asking that if we should receive in that type of procurement one bid -- and you have seen those
instances, you've asked me why do we have only one bid? We have also added a provision that
essentially says in those instances where we receive one bid, we have the flexibility to sit down
with that one bidder and negotiate to get an even better price than what he may have proposed,
since we only receive one bid, or the option still remains for us to reject that one bid and start all
over again.
Commissioner Sanchez: So that doesn't change. That option doesn't change?
Ms. Carter: No, absolutely. We're adding flexibility, not taking it away. Now the next
provision has to do with Public Works. Their competitive sealed bidding limit is different from
what the goods and equipment is. Their limit is $10,000, which means Public Works, when they
have a need to procure construction services today, if that procurement exceeds $10,000, they
would have to issue what we call a competitive sealed bidding process. We are asking also that
that limit be raised from $10,000 to $25,000, which is essentially the same bid limit that we
would have for the goods and equipment. In addition to the bid limit raising, we are also asking
that you allow this City Manager to have certain approval authorities that right now is limited to
$4500. We're asking that for those goods, equipment and services that you authorize the City
Manager to approve bids and contracts up to $50,000 as opposed to over $4,500. Again, let me
repeat that. We're asking that you allow the City Manager, not the Purchasing Director but the
City Manager, to approve bids and contracts up to $50,000 without coming to the City
Commission for approval. Now, Commissioner Sanchez, those procurements that are authorized
by the City Manager and approved thereof on a monthly basis, it will be the responsibility of this
City to submit to you all to advise you of those procurements that were approved by the City
Manager for that period, so you always are aware of the fact of those awards that have been
made by the Manager up to $50,000. Now for those procurements that exceed $50,000, then
those procurements would be required to come before this Commission for approval. Right now
that amount is over $4500. Now for Public Works were asking that, that amount be increased
but not to $50,000, because public work contracts tend to be larger in dollars, we're asking that
you allow the City Manager to approve public work contracts up to $100,000, so $50,000 City
Manager's authority for goods, equipment and services and up to $100,000 for your Public
Works bids.
Commissioner Teele: Does that include A&E services?
Ms. Carter: No, sir, that is considered a service and would fall under the $50,000 procurement.
Commissioner Gonzalez: I'm kind of lost here.
Ms. Carter: Please, I'll be more than happy to explain it to you, sir.
95 June 13, 2002
Commissioner Gonzalez: You said that you wanted to raise Public Works expenditures from
$10,000 to $25,000.
Ms. Carter: The bid limit for which they must have an advertised bidding process. That is what I
meant by that, sir.
Commissioner Gonzalez: OK, and now what you're asking us is to give the City Manager --
Ms. Carter: The authority to award that contract that may exceed -- that will exceed $25,000 up
to $100,000, but we will still be required to have that competitive sealed bidding process over
25. Yes, sir?
Commissioner Sanchez: Just about everything Public Works does today is over $100,000.
Ms. Carter: Except for a very few. Most of them run in the neighborhood of about two to
$300,000. Every now and then we might get a million, but basically it's like two, three, four. I
shared with you about the monthly list of procurements approved by the City Manager. In
addition to that, we are going to provide for the practice that we are operating on and that is for
those procurements over $50,000 for services, professional services, we would want to be in the
position to have what is called competitive sealed proposals, which we do right now and that is
the issuance of the RFP (request for proposals), the RFQ (request for qualifications). It allows us
to request for letters of interest. We do that right now and so there's nothing really new about
that, as it relates to what we are operation on right as of this moment. Now, this is something
that I think you're going to be extremely pleased about. With regards to Public Works contracts,
right now our current code says this. When you are procuring construction services, you must
utilize what is called the competitive sealed bidding method. What that means is that you must
award it to the lowest responsive and responsive bidder. You've heard that often times before.
That was the restrictiveness that was provided for in this current code. We have provided a
phrase in that section on Public Works to say that in fact the City of Miami will utilize the
competitive sealed bidding method for Public Works or as provided in the Florida statutes, which
by the way, for your information, provides more procurement methods that we can utilize to
procure construction services other than competitive sealed bidding, i.e., you've heard of this
concept called construction manager at risk. Right now the City of Miami cannot utilize the
construction manager at risk to procure construction services because it is limited to the
competitive sealed bidding method. By providing that short phrase or as provided by the Florida
statutes, whichever is in the best interest of the City of Miami, now the Public Works director
has the ability to make the decision as to whether or not he wants to issue a straight bid or he
believes that it is most advantageous for the City of Miami to issue a construction Manager at
risk RFP, and I think that's a good thing because it is giving him flexibility in order to procure
the services that he needs. The other thing that I've added is something that I think you would be
also happy. I've heard certain Commissioners say to me that they are pleased with piggyback
contracts, and I'm pleased with them, too, because what it gives us the opportunity to move
contracts quicker because we just have so many hands available to us to issue the formal process.
I'm asking and hoping that you will allow us to also not only utilize piggyback contracts that
have been issued and solicited by governments, but also by public universities, such as an FIU
(Florida International University), such as a Miami -Dade Community College, such as a Miami -
96 June 13, 2002
Dade Public Schools, and so I've added a phrase in there that would also allow us to piggyback
contracts that may have been issued by FI J, issued by Miami -Dade Community College, or by
Miami -Dade Public Schools, and I would submit to you if we might utilize the contract provided
by Dade County Public Schools which is huge compared to our size, we stand a better
opportunity to take advantage of something we are buying through cost savings, because they're
so much larger than we are. I think that is a good thing.
Chairman Regalado: Let me ask you something.
Ms. Carter: Yes, sir.
Chairman Regalado: Just to be a little practical here. On a scale from 1 to 10, what number
would you describe to define how the City Commission has been totally isolated from the
contracts process?
Ms. Carter: You want me to rate you?
Chairman Regalado: No. I mean, with these changes, the City Commission will no longer have
a very active role in -- how many contracts, what's the percentage?
Ms. Carter: I see what you're saying now. I did a short little survey based upon a concern
expressed by one of our Commissioners, and I look back in the last year, and I looked at how
many of those procurements exceeded $25,000, but did not exceed $50,000 versus those that
exceeded $50,000 to see what would the numbers if we had this in place last year would not
come before this Commission, and I found that -- and I wish I had brought it with me -- but we
eliminated -- by having this new ordinance, we would have eliminated approximately 66 items
from the agenda for which we would have been able to move forward to have the approval made
and have the contracts done.
Commissioner Sanchez: It will lighten the agenda, that's for sure.
Chairman Regalado: That was part of my question and --
Ms. Carter: I answered in a different way, based upon a survey that I had conducted.
Chairman Regalado: Go ahead, continue.
Carlos Gimenez (City Manager): That's about an equivalent of one agenda, 66 items, yes.
Ms. Carter: And the most important thing is that we now can move to have the purchase order
issued. Through your support of approval of this ordinance, we do not have to wait 30 -plus days
before the item is considered, even though we may have opened the bids 30-45 days earlier. The
other thing that we're adding, this is part of best -practices -- public procurement -- and that is
this concept called cooperative purchasing, and what that essentially means is that, now we're in
a position to combine the requirements and needs of public entities in this area. We can come to
the table, and we can say let's combine our requirements for office supplies and you would have
97 June 13, 2002
a lead agency who would issue the bid in our behalf and through that, with the combined
requirements of these different entities, we are certainly in a better position to achieve cost
savings, because we're combining the needs of everyone who's part of that particular
cooperative purchase, and I say that is a good thing, and it also is considered part of best
practices in these United States as it relates to public purchasing, and then lastly and consistently,
continuing with this notion of e -procurement and technology. We have added a provision called
online procurement, and what that now says is that this City will be poised to be a part of a
process that will allow us to engage in bidding online, which right now, we can not do because
we are limited to opening the bid at the City Clerk, and they being mailed in this way, but now
we can engage in such concepts as reverse auctions, where we have found that utilization of
those type of initiatives far improve our opportunities to achieve cost savings for the City, not to
mention time, and with that in mind, and with the week in mind, I think I'm done. I've provided
you with what I consider the most important changes to the procurement ordinance and now I
will defer to the City Attorney and let him share with you more about the cone of silence.
Vice Chairman Winton: Before we get to the cone of silence, I'd like to make a comment about
this proposal. First of all, I think you've done one outstanding job here, Judy, and your ability to
articulate the changes is outstanding. It's not confusing. It's easy to follow, so thank you for that.
And I think that, at least from my view, you know you can always debate what the dollar
amounts ought to be. I don't know what the magic number is, but it seems to me that this is a
start. I'm not sure that there isn't a rational reason for raising those limits even higher, but as I
thought about it, I thought, this is a good start. We can change it again in another year. See how
we do. See how it works, and if it isn't working well, we can make further adjustments next year,
so --
Commissioner Sanchez: Johnny, it's very compatible to other cities.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: I'm in agreement with the comments expressed by Commissioner Winton.
There are two things that -- Ms. Carter, let me also compliment you. I've noticed that you always
come here prepared. You obviously prepare before you get here. You study the night before, and
while we might not necessarily appreciate or show our appreciation, we do all respect a
professional presentation, and your presentations are uniformly and consistently well thought out
and prepared. I happen to believe that we are not giving the Manager sufficient latitude, but as
Commissioner Winton says, it's a start. We should not be in the procurement business. We
should be very much involved in the requirements business. We should be very much involved
in the RFP's and RFQ's. We should be very much involved with identifying how we can get the
services and identifying the services that we based upon our input with our constituents and
businesses realize where there are shortcomings, but I think what we don't want to do is be in the
middle of the procurement process. I don't want anybody calling me in the middle of a bid
saying can you help me get a bid. That is not what we're elected to do and that's not something -
- so the more the limits and to award it, the more comfortable I am. I do however believe that
the Commission should have the right to designate certain contract should it choose to and have
98 June 13, 2002
them come back before them for the award. Does this ordinance preempt the Commission from
allowing any contract that doesn't exceed that amount from coming back? See, I don't want to
get caught in this box now where you gave the delegation and now you can't do it because there
are certain areas, such as -- and I'll give you a good area. Property appraisal services, I want to
know who's providing property appraisal services, I shouldn't say appraisal but I'm saying
property assessment services, where we go by and we look and see if the county is actually
assessing properly at the full value. I just sent them an email the other day on a piece of property
that's on their rolls for $8,000,000 that I can tell you it out to be on their rolls for $50,000,000.
The reason that we're having some success in getting those rolls up in the redevelopment area
and in the downtown area is because there's a lot of people saying this is wrong. It's gone on. I
think the famous example is Frank Borman, when he got ready to leave here, the CEO (Chief
Executive Officer) of Eastern. His house was on the tax rolls for 10 percent of what he sold it
for, OK, so you don't have to tell me. I know these things have a way of working to the
detriment of the cities and the municipalities because we don't do that, so there are certain
services that we need to make sure we know what's going on. Mr. Attorney, does this ordinance
preempt us from designating a contract or a category of contracts that we would want to review
the bid on or to award the bid on?
Mr. Vilarello: No, Commissioner, it doesn't preempt you; however, it grants the Manager the
authority within those levels to enter into those agreements, so if the City Commission would
want a particular kind of contract to come back to your attention, you would need to direct the
Manager to bring it back to you.
Commissioner Teele: So a simple direction, this ordinance doesn't --
Mr. Vilarello: Prohibit a direction.
Commissioner Teele: The secondary is this, cooperative agreements. I keep seeing and Ms.
Carter, I appreciate what you're saying, but for the benefit of Commissioner Winton, not to pat
myself on the back, four years ago, you and I debated for three months about piggybacking. You
were opposed to it, didn't like them and this is when I first got elected, and we finally have
agreed that there is a value in piggybacking, particularly when we're not the only entity out there
that's a public entity buying in, and I appreciate the fact that the institutional thinking has
changed, but we're still into that old thinking on -- and I also appreciate the fact that you're
changing to say to comply with state law, because somehow I read a memo from the Manager
yesterday about the disposition of a piece of property. I read it five times just in total disbelief
that somebody on his staff set him up like that, but the problem is we think the ordinance of the
City is the beginning, the alpha and the omega, the beginning and the end. There's a whole other
body of law out there that we need to introduce ourselves to, like state law, and by saying in this
procurement or other methods subject to state law, believe it or not, you're moving us ahead at
record-breaking speed. If you look at the newspapers, there's a contract right now being offered
by MDX for CM. at risk, construction manager at risk. Hadley Park was done as a CM at risk,
but the CM at risk was not us. It was an interlocal agreement between the City and the state.
Right now we couldn't do that, so the point is this. By saying pursuant to state law, you are doing
us a great service, I believe, but the area of cooperative agreements, every time I see the City
police testing stuff come in, these are contracts. They should not be contracts. We need to also
99 June 13, 2002
offer into this the use of cooperative agreements, pursuant to the Cooperative Agreement Act and
the various OMB circulars that govern those procurements. Cooperative agreements are
agreements between a governmental body and another governmental body that's providing a
service such as what a college or university does. Like a lot of the work we do in out planning
department with FIU or with University of Miami, or I think we have one with the center for
transportation research. Properly those are cooperative agreements, and this City has not yet
identified cooperative agreements as a procurement mechanism that is most appropriate to be
used, and I would ask that the cooperative agreement be included also in the title and that the
director be instructed to come back with the appropriate language for the cooperative agreements
section of this ordinance, because I think that's very, very important, consistent with a lot of the
historic preservation kind of things. We can use cooperative agreements with universities to get a
lot more done a lot faster sometimes and cheaper than in using say an outside contract that is a
nongovernmental body. Ms. Carter, there were two other matters that I asked you to raise for me
today. Have they been raised?
Ms. Carter: Well, you clearly spoke about the employment agreement or employee. You spoke
about that clearly.
Commissioner Teele: It's expert consultants. They are not employees. They're consultants.
Ms. Carter: You spoke about already and the second item I shared with you, the City Attorney.
Mr. Vilarello: I took notes, but I didn't bring my notes with me this morning.
Commissioner Teele: Mr. Chairman, I would like to move the item for purpose for discussion.
Chairman Regalado: It's been moved. Do we have a second?
Commissioner Sanchez: I'll second it, for the purpose of discussion.
Chairman Regalado: Go ahead, Commissioner Gonzalez.
Commissioner Gonzalez: I just have a concern. I see on this procurement changes you want to
make, that you're proposing, that we are giving protection to local vendors, but I'm also
concerned with minority groups. Are minority groups being also protected?
Ms. Carter: We still are in the minority women business business. I only spoke to you about
those things that we were changing and the minority women business program, as far as I am
concerned, I still look towards taking full advantage of that as it relates to the inclusion of
women, Hispanics and blacks.
Commissioner Gonzalez: OK.
Chairman Regalado: But I think that what he's, probably wanting to know, is this changes that
give the City Manager and the department more latitude in piggybacking in other county and
state contracts. Would that affect local vendors?
100 June 13, 2002
Ms. Carter: It could, to the extent -- it could because if that other piggyback contract has on its
contract a vendor who is not local, then we have not accessed a local vendor there, but believe it
or not, I actually looked towards -- it's interesting that you say that, because I had found myself
looking at contracts first and then seeing who's on them as it relates to, do I see some local
vendors listed on here? And I have done that in the past, and I will continue to do that.
Commissioner Gonzalez: I assume in most cases, this is not most of the cases.
Ms. Carter: Some of the cases. Case and point the Home Depot and we utilized a Dade County
contract and it had a slew, if you will, of vendors, and we determined that it was appropriate that
we make sure that we took advantage of the Home Depot that was listed, I believe it's on
Southwest 8th Street, and we do, do that. There are basically two or three firms on that list who
we obtain quotes for building supplies.
Commissioner Gonzalez: Thank you. That was my concern.
Ms. Carter: Yes.
Commissioner Sanchez: The cone of silence, what amount is it going to be voluntary, or is it
going to be a certain amount where it will take place?
Mr. Vilarello: Currently, we are under the cone of silence as adopted by the county Commission.
That applies to all procurements that the City's involved in. The County Commission allowed,
modified their ordinance and allowed municipalities to opt out. The ordinance before you does
that. It opts out of the county's cone of silence ordinance. Of course, the cone of silence
ordinance, as it was originally created, prohibited elected officials from having conversations
with the Manager or the Manager's professional staff during the time that an RFP was on the
street, sort of speak. A solicitation, a bid request was out on the street, there could be no such
communication. Early this year the County Commission amended that ordinance and now
prohibited the elected officials from not only not speaking with the Manager's professional staff,
but also elected officials would be prohibited from speaking with vendors, potential vendors or
any vendor that's before them. That is the current status of the cone of silence in Miami -Dade
County and it is currently applicable to the City of Miami. What this ordinance does as it's
written today, it establishes -- in fact, opts out of the cone of silence ordinance of the county and
then it readopts the City's own cone of silence ordinance and it creates it at two different levels.
With regard to any procurement of goods and services, it would be applicable for goods and
services that are valued in excess of $200,000 and then with regard to leases or UDPs (Unified
Development Projects), the sale of property, in those instances it would be applicable when the
value exceeds $500,000. It is currently written to mirror very much the County's cone of
silence. There's a reason for that. I want to try to keep the body of law consistent with the
County's, because there's a series of ethics opinions and I'd like to be able to clearly advise you
as you go along; however, the ordinance as it's currently written is written, in terms of its
applicability to Commissioners as the cone of silence was originally created. That is, you're
prohibited from speaking with the Manager, the Manager's professional staff, but you are not
prohibited to speaking with service providers, vendors, et cetera, and that's in a nutshell perhaps
101 June 13, 2002
not as succinct as Ms. Carter, but in a nutshell, a description of the cone of silence as it applies in
this ordinance.
Commissioner Teele: Mr. Chairman, I, for one, have a different recollection of the first cone of
silence provision that we imposed at the county relating to airport activities. And the cone of
silence should apply, in my opinion, to RFPs and RFQs. There is no way that it should apply to
a bid. What difference does it make if you talk to a vendor or the Manager all day and all night?
First of all, we have no way of knowing the person is bidding and as far as I'm concerned, these
things wind up being pitfalls for Commissioners to violate a law unintentionally, and even worse,
we had a cone of silence, we had a Mayor and Manager and all of them sitting down talking with
a vendor and then thorough some obfuscated interpretation, you said they're talking about the
old bid, but not the bid that's on the street, so it's alright to go ahead and talk to a vendor and the
Manager about an old bid, but even though it's a new bid on the street, the conversation, which
defies logic. It defies common sense. I think the thing needs to be eliminated. I think having it
for land sales is even worse, because I have no idea who's getting ready to buy some land, or
offer land and, in many cases, the offer comes from the offerer as opposed to the City in the
initial stages and everybody is talking about land everywhere you look. Do we have the final
contract with the people that are building the hotel on Watson Island?
Commissioner Gimenez: No, sir.
Commissioner Teele: Does the cone of silence still apply?
Commissioner Gimenez: No.
Mr. Vilarello: You've selected them.
Commissioner Teele: So you're saying that the cone of silence -- I don't know why we would
get into this box, candidly. I understand the shifts of ethics opinions. I have a strong view that
the cone of silence should apply to RFPs and RFQs to subjective bids. That is where discretion
really is, but where there is a sealed bid, you know, I may go talk to the car dealer and to and
behold, the salesman says, you know, we're trying to sell the Police Department cars, and I say,
"Great." Well, I've just violated a law. And those are these unintentional things that you step
into and don't even know that you're doing it and then to and behold the guy gets the bid and
then somebody says, yeah, that Commissioner down there, and it was a sealed bid, so one has
nothing to do with the other. I really hope that we could reconsider and that you can give us two
options in the next case. The cone of silence is a good thing as it relates to subjective activities. I
happen to think that on the particular case of the bus bench, or the bus shelter, whatever that was,
the cone of silence was violated. That's my personal view. But somehow, the cone of silence
apparently wasn't violated, but that was not a sealed bid that was an evaluation bid, and those are
the things that should not happen, if we got a bid whether it's 100,000 or 200,000, but for a
sealed bid I don't thing we should have a cone of silence, and on land acquisitions and all of that
that has to be done pursuant to the public. Doesn't land have to be disposed on in the sunshine
totally and --
102 June 13, 2002
Mr. Vilarello: Well, there's ways actually to avoid the sunshine until the consummation of the
agreement.
Commissioner Teele: Does the Manager have the authority to sell land under this new
procurement without getting the City's approval?
Mr. Vilarello: No.
Commissioner Teele: I'm just asking a question. I don't know.
Mr. Vilarello: If I may, Commissioner, this is a policy discussion purely. The cone of silence,
my concern with regard to minor deviations and modifications of the cone of silence. It just
makes it that much difficult to give you clear -- and the Manager's staff -- clear and concise
advice on how to avoid the inadvertent violation of the cone of silence, so there is -- I am
attempting to try and keep it as close as possible to the County's cone of silence ordinance;
however —
Commissioner Teele: Does it apply to the Mayor?
Mr. Vilarello: It certainly does, yes, sir. If you can give me some direction and I can bring you
back two options. Certainly one option you have clearly and unequivocally is to opt out of the
cone of silence and not institute a new cone of silence. With regard to a policy decision, I can
tell you that during the Flagstone award, the Watson Island UDP, the application of the cone of
silence was a very effective tool to monitor incoming questions and outgoing answers that went
to everybody and always in writing and it was a very, very effective tool.
Commissioner Teele: And it was a discretionary issue in which cost was not the sealed item and
in my judgment the cone of silence should continue to apply, and that's what I'm saying. If it is
not a sealed bid, if I has a value of $100,000 or more, whether or not it relates to goods, services
or anything else, property, it should apply, and we should have a cone of silence, but it should be
a cone of silence that's very clear, and it should be based on a bid that's on the street as opposed
to an offer that is being made by someone that may decide I want to buy this land as an offerer
and come up to see. I'm strongly for the cone of silence, but I'm for the cone of silence that can
be complied by the Mayor and the Commissioners in a very clear way. If there is a bid going on,
we have no knowledge of what bids are out there on the street and then not to be able to talk to
the Manager makes it even worse.
Ms. Carter: I have been recently issuing a cone of silence email listing all of those solicitations
whether they be RFPs or bids indicating that they are under the cone of silence. Yes, absolutely,
they get it as well as --
Commissioner Sanchez: I get it. Those of us who use our computers.
Chairman Regalado: And you have been also sending when you issue some invitation for bid
with the district, the people that have applied with the district, so that we'll know, but after that,
we don't know until it comes back to the City Commission, so I'm very happy to be detached
103 June 13, 2002
from many of these things and contracts and we going to save time. My only concern, and we
will see that in the future, is the local people. The fact that we piggyback on other contracts may
save the city money, but it hurts the people that pay the salary of the City workers and I just want
to say that on the record and I will ask you and you, Mr. Manager, to give us a report if when we
start this process in three months or in six months we have hurt more than helped the local
people; because if we have done that, then we have to reconsider because, you know, charity
begins by home.
Ms. Carter: Might I say something, sir, and I'm extremely sensitive to what you said, but as to
perhaps to compensate a little bit for that, because you are very supportive of raising the bid limit
to $25,000, what that means is that those procurements under 25,000 we do not have to advertise
for. They are conducted by my staff in the form of informal quotes. That means I'm not required
to call or contact, excuse the expression, every Tom, Jose, Diaz or whomever. I am in the
position to advise my staff to say inclusive in those quotes that you seek, I expect that you would
include a local vendor. I expect --
Commissioner Teele: Does that mean People's Bar-b-que got a chance now to get the Bar-B-
Que for the hurricanes as opposed to Tony Romas?
Ms. Carter: I want you to know that they are on our emergency disaster directory list.
Commissioner Teele: We don't have a Tony Roma's in the City of Miami still, do we?
Ms. Carter: No, we do not.
Commissioner Teele: When they build one in the City, then I want them to get equal
consideration, but until then.
Ms. Carter: Some flexibility exists in the smaller quotes.
Chairman Regalado: If we annex Kendall, we have one. We have a motion and a second. We
close the public hearing.
Mr. Vilarello: Before you close the pubic hearing, there is one more item that's not included
within the procurement ordinance, which is something that has been discussed for some time,
and that is the authorization for the City Manager to accept donations. As you know, even $300
donations for the City of Miami require that they come before the City Commission for the
Commission to accept it. We're proposing an amendment that would be included in the
procurement ordinance, which would give the Manager the authority to accept donations on
behalf of the City of Miami up to the level of $25,000 in value.
Commissioner Teele: Very needed.
Chairman Regalado: OK, read the ordinance.
104 June 13, 2002
Mr. Vilarello: Is it the will -- I'm sorry, one more question. That the bid in regards to the cone of
silence, that regard the invitation for bid, those will not be included, sealed competitive bids.
Commissioner Teele: Why don't we make that decision at the second reading. Why don't you
prepare it both ways. Read it in as if it's in and then we'll make that decision?
Mr. Vilarello: It's not in the title, so we can certainly change it at your discretion.
Chairman Regalado: Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING
ARTICLE III OF CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "FINANCE, PURCHASING AND
CONTRACTS GENERALLY" IN ITS ENTIRETY AND SUBSTITUTING IN
LIEU THEREOF NEW ARTICLE III TO PROVIDE PROVISIONS FOR THE
PROCUREMENT OF GOODS AND SERVICES AND OPTING OUT OF
MIAMI-DADE COUNTY REQUIREMENTS RELATED TO THE CONE OF
SILENCE; AMENDING ARTICLE V OF THE CHAPTER 18 ENTITLED
"SALE OR LEASE OF CITY'S REAL PROPERTY", TO INCLUDE
PROVISIONS FOR THE LEASE OF REAL PROPERTY INCLUDING
UNIFIED DEVELOPMENT PROJECTS, THE CONE OF SILENCE AND
PROTESTS; MORE PARTICULARLY BY ADDING SECTIONS 18-71 TO 18-
114, 18-176.1 TO 18-176.3, AND AMENDING SECTION 18-180 OF SAID
CODE; CONTAINING A REPEALER PROVISION, A SAVINGS CLAUSE,
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
It 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
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney
Commissioner Teele: Commissioner Gonzalez, Mr. Chairman, may I inquire? If the provisions
relating to expert consultants are researched by the law department and the procurement
105 June 13, 2002
department and personnel department are found to address the issue that we have, would you
agree to defer your item until we could hear from that in two weeks and allow to see if that will
accommodate --
Commissioner Gonzalez: Yes, sir.
Mr. Vilarello: That item is not on this agenda.
Commissioner Gonzalez: That item is not on the agenda today, so we have two weeks to discuss
it.
17. ACCEPT SPECIAL COUNSEL'S RECOMMENDATION TO DEFER CONSIDERATION
OF PROPOSED CHANGE OF CONTROL OF CABLE TELEVISION LICENSE, GRANTED
TO MIAMI TELECOMMUNICATIONS, INC., FROM AT&T BROADBAND LLC TO AT&T
COMCAST CORPORATION IN ORDER TO GRANT SUFFICIENT TIME TO MAYOR
AND COMMISSIONERS TO SORT THROUGH VARIOUS ISSUES.
Chairman Regalado: OK, AT&T (American Telegraph & Telephone), this is a public hearing,
item 6 and item 6A. We have special counsel for the City, Matthew Liebowitz, AT&T
representative are here and you are here, so we have -- Commissioners, we have two options.
Actually, we have three, but in your agenda, we have two options. It's approving the change of
control of cable television granted to Miami Telecommunications, AT&T to AT&T Comcast and
denying the change of control. We have -- Mr. Liebowitz, you have counseled with the Mayor,
members of the Commission. The Mayor was called by the Commission to negotiate a deal with
AT&T. Could you give us a report and a time line for the City Commission? Go ahead, sir.
Matthew Liebowitz: Mr. Chairman, members of the Commission, for the record, my name is
Matthew Liebowitz. I'm special counsel to the City on telecommunications. You got in your hat
before you today regard -- with respect to the proposed merger between AT&T and Comcast.
Under federal law, there's 120 -day period during which time a city must act on a proposed
transfer. Act means deny or accept. It does not require an acceptance. However, there's an
exception to the rule, and that is where the cable company agrees to an extension of 120 -day
period. 120 -day period, as it's calculated on a conservative based by the cable companies, will
run on or before July 5th. I would express to you from our perspective that the time frame hasn't
even started to run, but that's an academic argument, so the question before you today, in order
to make sure that we do not wave our rights as a City, is to act in some form or fashion on the
proposed transfer. You have, essentially, three choices. You can accept the proposal. You can
deny the proposal, or you can accept a deferral of the time frame. The City has received a letter
which has been revised by AT&T suggesting that they will agree to extend and wave any rights
to the 120 -day period until July 11th. That's approximately 30 days from today. That would give
the staff, the Mayor, the Commissioners and AT&T additional time to consider the matter. If at
that time, on the July 11th meeting, we have not achieved a satisfactory settlement of the
outstanding issues, the City would again be presented with the same three options; acceptance,
denial, or extension. At this juncture in my mind the deferring the 120 -day period, accepting the
offer of AT&T defer the period to July 11th has the greatest rationale and according to what I
would recommend to the City Commission is that we accept the July 11th deferral. However
106 June 13, 2002
prior to your vote, I would ask that the representative from AT&T come to the mike and make
the oral representation as opposed to me representing my understanding of their position.
Chairman Regalado: OK.
Susan Bisno: Hi, I'm Susan Bisno, Vice President of Local Government Affairs for AT&T
Broadband and, yes, I would support what Mr. Liebowtz has said. It is correct that we have a
letter to the City that says that we will extend the 120 -day period until July 11th and that is our
belief.
Chairman Regalado: Thank you very much, Susan. The reason that Matthew is recommending
this is that the Mayor had requested more time. Mayor Diaz has to leave town for two City
related events, and he won't be back until June 24th, but he has agreed that on the next
Commission meeting, Matthew will bring a report as to how are the different issues being
discussed and then by the July date, the City Commission will be able to vote.
Commissioner Gonzalez: So move for the extension of time.
Chairman Regalado: We have a motion and a second, Johnny?
Vice Chairman Winton: What was the motion?
Chairman Regalado: The motion is to accept the special counsel's recommendation on deferring
AT&T decision until July 11th so that the Mayor and Commissioners will be able to have time to
sort through the different issues. That is the motion.
Commissioner Teele: What's the recommendation of the City Attorney and the special counsel?
Chairman Regalado: That is the recommendation. The motion is the recommendation of the
special counsel.
Commissioner Teele: And the City Attorney?
Alejandro Vilarello (City Attorney): I recommend that you listen to your special counsel, a
specialist in this area.
Commissioner Teele: Couldn't have said it better.
Chairman Regalado: So what Matthew said is the motion. That is the motion.
Commissioner Teele: Who made the motion, Madam Clerk?
Commissioner Gonzalez: I did.
Chairman Regalado: Gonzalez and seconded by Vice Chairman Winton.
107 June 13, 2002
Vice Chairman Winton: We actually -- I didn't second it yet. I was trying to understand
something. July what?
Mr. Liebowitz: July 11th
Vice Chairman Winton: That's the first Commission meeting in July?
Mr. Liebowitz: Correct, you actually have the meeting on June 26 or 27th, but in real world,
we'll not get anything done between now and then, and so my suggestion is to go to the July 11th
meeting, which AT&T has agreed to extend the time period for.
Vice Chairman Winton: And in the real world or do we get anything done between now and July
1 lth9
Commissioner Teele: I think we're going to be much better off doing it the 25th .You got the 4th
of July.
Chairman Regalado: But the problem is that AT&T will not agree to the 90 days requested by
the Mayor, and they won't agree --
Commissioner Teele: They won't agree what?
Chairman Regalado: The Mayor won't agree to the 90 days and in turn the special counsel made
a -- he did a compromise with AT&T, so July the 11th we have to make a decision whether we
want to approve or defer on that date.
Vice Chairman Winton: Or deny.
Chairman Regalado: Of course, but on that day, we can have another extension if all the issues
have not been resolved.
Commissioner Teele: But why wouldn't they agree to the Mayor's request of a 90 -day review?
Mr. Liebowitz: Mr. Chairman, may I? When this issue first came up I too asked for a 90 -day
extension period because through reality is -- and we've been around this block before in other
transfers, this City has -- is that the process gets prolonged and prolonged. AT&T's concern is
precedent. If they give this City a 90 -day extension, other cities will jump on that same
bandwagon and extend the process beyond their comfort level. We in my office explored 90 -
days. We explored 75. We explored 60. The best offer we could get from AT&T was the July
11th. We conferred with the Mayor's office. The Mayor's office agreed that they preferred
strongly with the 90 days because it makes the most logical sense.
Commissioner Teele: But you know, let me tell you. I'm very concerned because I said
repeatedly on this matter that I don't want to give a fine and I look for creative ways to avoid
giving AT&T a fine, but that the amount of money would be equal to or greater than the so-
called fine, but it seems that all the majority of the bending is coming from us. What are our
108 June 13, 2002
other options? I mean, let's assume now that some of us are about to have it with AT&T. What
else can we do? Can we deny the application?
Mr. Liebowitz: Yes, you have three choices before you today, and then let me answer your
question then go back to Mr. Winton's question. You have three choices before you. You can
accept the proposal as is submitted to you. You can deny it or you can accept a deferral. Those
are your three choices today and under this motion would be the three choices on July l lth
Commissioner Teele: What the follow on to the denial? What is the next step?
Mr. Liebowitz: Well, if you deny the proposed application, AT&T has the right to take us to
court. Pittsburgh the other night denied the transaction, the cable Commission, the
recommendations to the City. Other cities will likely do that. Quite candidly, if you end up in a
denial scenario, there's going to be a race to the court and there's going to be an expenditure of
substantial legal fees.
Commissioner Teele: Are you prepared to defend us in a denial?
Mr. Liebowitz: Yes, I am, but the answer is unequivocally yes. However, my recommendation
is the 11th and answering Vice Chairman Winton's question earlier, do I obviously believe that
we will finish this fight July 11th? No, I don't. I think we will be back in --
Commissioner Teele: Matt, there's a principle here. I am deeply troubled by any corporation
who's not prepared to give the Mayor of a city a reasonable request to study something for 90 -
days, and although I was prepared to say some nice things about AT&T, they had a wonderful
public hearing. They were very prepared. They responded intelligently. Commissioner Dawkins
raised a number of questions. They immediately called with the responses and the answers and
offered to put it in writing, but I'm not going to say any of that today. If they're not prepared to
give the Mayor the courtesy of 90 -days, then I really do think we should take a very tougher road
on this, and I think we should begin to prepare to bring in other vendors that may want to have
the City of Miami. Being the provider for the City of Miami does have a certain value within
itself, and I think AT&T may be a little bit reckless in not giving the Mayor the 90 -days, and I
say that not being aware of the facts or the precedent that it sets, but I would certainly ask AT&T
to go back and see if there isn't a way that they can accommodate a reasonable request by our
Mayor.
Chairman Regalado: Can I say something? Let me say that I have been critical of AT&T and I
do appreciate, too, the hearing that we had in District 4 because there were some real citizens
with real issues and my -- first of all, they claimed that they had finished all the construction on
the City of Miami, so what that means is that we cannot fine them anymore at the tune of $2,000
a day, although I just don't think that they have finished the whole City because I've been
without cable for a week now myself, but that's OK, I'll rent a video.
Vice Chairman Winton: But you're still paying, aren't you?
Chairman Regalado: I'm paying, yes.
109 June 13, 2002
Vice Chairman Winton: You get to pay the bill even though you're without cable, don't you?
Chairman Regalado: Right, but what I'm saying is that we have lost just an edge of the $2,000 if
it's true that they have completed. Have they completed, Matt?
Mr. Liebowitz: Well, that's a very interesting question. The City received a letter yesterday, or I
received a letter yesterday, dated June 5, making the claim that they had completed it. Yesterday
I sent back a letter to AT&T asking questions and telling them that we need additional
information evidence and the right to have independent confirmation, so as far as I'm concerned
as your counsel, there still is an open question and if they are not finished, the fines continue to
run. So I am not at all satisfied --
Chairman Regalado: That's one issue, and I think that you have the sense of being present at all
the hearings with Susan and other AT&T executives that the major concern, although the first
concern, on this survey is programming and that's number one priority, 67 percent programming,
although that in the hearings we saw that service is the priority of the residents, and hearing that
we had our District 4, we had at least 12 people that had service complaints from District 4 and I
think that we should use this time to address, or fine tune, or I should say, because you did fine
tune the other contract but to no result.
Mr. Liebowitz: Like a good violin or a good piano, you can always fine tune it a little bit better.
Chairman Regalado: That's what I'm saying. What I'm saying, Johnny, is that we need to get
mad sometimes to really stay on top on the next two weeks of the service part and find out if they
did. That is the two major things. What we do with the money, because they going to have to
pay anyway. I mean, I wish that they'd give us a check and get it over with and that's it, but
what you do with the money will be something else that the Mayor and the Commission will
decide, but I think that the fine tuning of the service and finding out whether they did finish or
not is what we should instruct the special counsel today and bring us a report on the 27tH
Vice Chairman Winton: Mr. Chairman, well, I see this a bit differently, frankly, than just the
issue of whether or not they're completed, and I feel badly for people that I know well at AT&T,
like Susan Bisno, but unfortunately that's who she works for, so this isn't directed to you. This is
directed to your corporation, but I generally feel that I think that the executives that are trying to
get the new cable system implemented in the City of Miami probably are trying hard to get that
done. There's an absolute 100 percent disconnect though between the people that come to these
meetings and answer questions who are responsive and the people in the field who are
responsible for providing a service, and there is a 100 percent disconnect and they're awful.
That's point one. Because of that, we're in a position now where we're not talking about how
we're going to deal with AT&T as we move forward. We're in the position that we're talking
about a whole new corporation and a big merger that's going to have 40 percent of the market
where Lord knows what the mess is going to be, but one thing's absolutely sure, and that is since
they are going to control 40 percent of the US market, our rates are going to go up. Now that's a
big deal as far as I'm concerned and I think that frankly this issue over that kind of merger which
frankly our justice department should be looking at, not our little City Miami, but I think that
110 June 13, 2002
municipal governments around the county are going to be forced to begin to try to take some
stands that send Washington and other some different types of messages that we're not going to
just going to continue to sit here at a local level and be run over, and I think that's in my mind
that's the crux of this issue. It has little to do with whether or not they finished all their stuff.
We do want to know that, no question, Commissioner Regalado. We want to know whether they
are finished, but in my mind, this issue is about what we're going to do to protect our
constituents as we move forward in light of the fact that this giant merger is going on.
Chairman Regalado: That's what I said, Johnny. Service is the number one priority, at least --
Commissioner Sanchez: May I?
Chairman Regalado: Go ahead, sir.
Commissioner Sanchez: We're talking about putting safeguard in place to protect the client
well. We can work out someway of posting a bond of some type of, let's say, $250,000 to half a
million dollars, to assure that the repairs are being done, maybe they'll be some liability being
done in the process. So you put some safeguards in place to protect the consumers. That's just a
recommendation.
Mr. Liebowitz: One of the questions that came up at each one of your district meetings was
property damage during the installation process, and that's one of the questions we're looking at
is how to make sure there is sufficient financial resources available to address those kinds of
issues. What we saw those nights was the AT&T people were very responsive but as Vice
Chairman Winton said, there's a disconnect between the people who showed up that night and
the normal people, so we going to have to see if we can fine tune it so the normal day to day
activities rises to the level of service that was given those nights.
Commissioner Sanchez: Yeah, but AT&T showed up to every meeting. Everybody that was in
my meeting has called me to say that they are very happy because their service was taken care
of, and you know what people that didn't show up to the meeting? Well, they had an opportunity
and they didn't.
Mr. Liebowitz: Right.
Commissioner Gonzalez: In reference to the meetings, my concern is that we have this different
community meetings and the meeting that I had in Grapeland, we had about 120 subscribers
there or at least residents and they expressed some concerns and some problems and I know that
AT&T took some notes. As district Commissioner my concern is I want to know if those
complaints were addressed, if those concerns were addressed, if AT&T got in touch with these
people that had some problems, and I would like to get a report on what has been done in
reference to those meeting and those complaints. You can have a meeting and half of the people
complain and they say good night, God bless you, goodbye, and nothing gets done, so that is
something that --
111 June 13, 2002
Chairman Regalado: Mr. Manager, you need to get from AT&T a report on the complaints on
District 1 public hearing and AT&T before the 27th of June, before Commissioner Gonzalez has
to make a decision on the June 27th meeting. Do we have a motion? You have three options.
Special counsel is recommending deferring this to July lth.
Commissioner Sanchez: Move to defer, Mr. Chairman.
Chairman Regalado: We have a motion and a second. Do we have a second?
Commissioner Teele: Second to deny.
Chairman Regalado: No, the second is to defer. If you want to deny --
Vice Chairman Winton: Second.
Commissioner Sanchez: My motion is to defer, not to deny.
Chairman Regalado: It's been moved and seconded. Public hearing is closed. We have a public
hearing on the 27th . Matthew will have, hopefully, a report from the administration coming from
AT&T on Commissioner Gonzalez and everybody's districts. As a matter of fact, all the issues
that were brought to that -- yes, Matthew.
Mr. Liebowitz: Just clarification, you could have a public hearing on July Ith when you bring
this matter back. You want a report --
Chairman Regalado: Yes, but we do want you to give us an update on the 27th
Mr. Liebowitz: Yes, but do you want a public hearing also on the 27th9
Chairman Regalado: Why not?
Mr. Liebowitz: OK, whatever you want. Just wanted clarification.
Commissioner Teele: Public hearing.
Chairman Regalado: Public hearing is what everybody loves. It is about the public. It's 79,000
subscribers in the City of Miami and that it is, so all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes. Thank you very much.
112 June 13, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-657
A MOTION TO ACCEPT SPECIAL COUNSEL'S RECOMMENDATION TO
DEFER CONSIDERATION OF THE PROPOSED CHANGE OF CONTROL
OF THE CABLE TELEVISION LICENSE, GRANTED TO MIAMI
TELECOMMUNICATIONS, INC., FROM AT&T BROADBAND LLC TO
AT&T COMCAST CORPORATION IN ORDER TO GRANT SUFFICIENT
TIME TO THE MAYOR AND COMMISSIONERS TO SORT THROUGH
VARIOUS ISSUES, TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR JULY 11, 2002; FURTHER DIRECTING THAT A
PUBLIC HEARING BE SCHEDULED FOR THE JUNE 27, 2002
COMMISSION MEETING ON SAID PROPOSED CHANGE OF CONTROL.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
18. DEFER DISCUSSION REGARDING BAYSIDE MANAGEMENT, ITS OPERATIONS,
INCLUDING POLICE, SECURITY, PROMOTIONS AND AFFIRMATIVE ACTION.
Commissioner Teele: Mr. Chairman, in the essence of time, I would like to defer the items
related to Bayside until July l 1tn
Vice Chairman Winton: Second.
Commissioner Teele: I would like to request that these --
Alejandro Vilarello (City Attorney): That's item 7 and 45?
Commissioner Teele: Yes, I would ask that the Clerk and the Attorney reissue the notice to be
more appropriate. This is not about how we can help Bayside, and that's what the public notice
says and, in fact, the attorney for both Bayside and the Bayside Foundation need to be apart of
the motion and I would ask that the Clerk's office and the internal auditor provide us with as
much information as you can before that meeting and specifically if you can today madam Clerk
provide us with a list of the current appointees on the Bayside Foundation and what vacancies
113 June 13, 2002
may exist, if any, and when those appointments are, because it's my understanding that we have
not been conscious in making our appointments.
Vice Chairman Winton: We've never had anything to come before us since I've been here.
Chairman Regalado: Yes, we did.
Commissioner Teele: Not since Johnny's been here. I appointed a gentleman who unfortunately
expired after the distinguished service, Mr. Packingham, and of course I know that that
appointment at least -- in Miami, you got to be careful, but that appointment should be available
to be made.
Commissioner Sanchez: Mr. Chairman, I've just been informed by my office that I will be out of
town on the 11th. Is there anyway that we can do it on the 9th, change the Commission meeting to
the 9th?
Commissioner Teele: Change the Commission meeting date?
Commissioner Sanchez: Yes.
Vice -Chairman Winton: I've got to get my calendar before I decide.
Chairman Regalado: OK, let's wait a few minutes. You want to say something about AT&T?
Albio Castillo: Yes.
Chairman Regalado: Can you, would you be able to attend the 27th? There will be a public
hearing?
Albio Castillo: No problem.
Chairman Regalado: OK. Thank you very much, Albio.
Commissioner Teele: Can we carry the motion on that to defer the item now. If we move the
whole 11th, that's a different matter. Everything on the 11th would get moved, but I at least like to
carry that motion to defer that item.
Chairman Regalado: OK, for Bayside, I'm sorry. We have a motion and a second. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
114 June 13, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-658
A MOTION DEFERRING DISCUSSION REGARDING BAYSIDE
MANAGEMENT, ITS OPERATIONS, INCLUDING POLICE, SECURITY,
PROMOTIONS AND AFFIRMATIVE ACTION TO THE JULY 11, 2002
COMMISSION MEETING.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: And now were going to explore down the road whether or not to move
everything --
Commissioner Sanchez: Well, Johnny's going to check with his calendar and maybe we could
do it on the 9th if you all would agree to it.
Commissioner Teele: I'd rather do it on the 16th. Let me try coming back from the 4th of July.
Commissioner Sanchez: 16th is fine.
Chairman Regalado: The problem is that we have to do it before the 11th or we need to
reconsider on AT&T timeline, so --
Commissioner Teele: When will you be back?
Commissioner Sanchez: I'll be back on the 15th
Vice -Chairman Winton: When are you leaving?
Commissioner Sanchez: I leave on the 10th
Commissioner Teele: If nothing else, we can have a special meeting on just the AT&T issue.
Vice -Chairman Winton: I don't like that, because whenever we meet, we meet.
115 June 13, 2002
Commissioner Teele: We unloaded. We don't have short meetings.
Chairman Regalado: Well, ok, listen when Johnnie checks his calendar, we'll make a decision
and we'll see. After all, we have the 27th to decide, you know, what we are going to do. We can
request as a special circumstance the fact that Commissioner Sanchez is not here from AT&T, I
mean, three or four days more, but since they left, we might as well wait until the 27th. We were
going to do Raceworks, but we were told by the City Attorney that you were not ready.
Mr. Vilarello: We need a few more minutes, Commissioner.
19. CONTINUE CONSIDERATION OF PROPOSED CERTIFICATE OF USE TO ALLOW
"EMPLOYMENT OFFICE" USE AS SPECIFIED IN ORDINANCE NO. 11000, CITY'S
ZONING ORDINANCE, WITHIN C-2 LIBERAL COMMERCIAL ZONING DISTRICT, TO
COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 11, 2002.
Chairman Regalado: There are some people for a PZ (Planning & Zoning) item here. Anybody
for a PZ Item 1, 1330 Northeast 1st Court? OK, do we have people for PZ item -2, 3225 Franklin
Avenue, OK?
Dena Bianchino (Assistant City Manager, Planning and Development): Commissioner, the
people for 1 are outside. Can I go get them?
Chairman Regalado: Oh, yeah, you better go get them because -- let's give the City Attorney
time for the Raceworks and we'll take the two PZ items. This is a public hearing and PZ -1 is
1330 Northeast 1st Court. Johnny, it's your district and we have people from -- this is your
district, right? And second PZ -2 is also in your district, so we need to give the City Attorney
sometime for Raceworks, so we're going to do these PZ items. Go ahead.
Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Thank you. PZ -1 is a
request for an employment office at approximately 1330 Northeast 1st Court. According to the
zoning ordinance this is a use that required City Commission approval. The employment office
has been by -- reviewed by the Planning and Zoning Department, and if you look in your
packages, there is a letter of intent from PAVE which is the company that is going to be running
this employment office and managing it and they have proffered several conditions. The
Planning and Zoning Department has reviewed those. I met with the NET (Neighborhood
Enhancement Team) office and we're recommending approval with some of those conditions.
There was one we had a concern about regarding the landscaping in the front. We're not
recommending that one, but we have added additional conditions, so let me read the conditions
into the record. First of all, the facility shall enforce the rule that no walk-ins without
appointment would be accepted and to deny service to anyone without a referral and an
appointment. Condition number 2; the applicant shall install signage that would read work force
development partnership PAVE and nothing more. Said sign should clarify the nature of the use
and that it is not open to the public without referrals or appointments. Number 3, the applicant
shall install night lighting on the front of the building that will operate continuously at night
using the existing nightlight system and timer. Number 4, as proffered by the applicant the
116 June 13, 2002
applicant shall employ a licensed private security guard to patrol the building at night for as long
as necessary to discourage uninvited persons on the property after dark. Number 5, the applicant
shall repaint the outside of the building. And number 6, the applicant shall insure that persons
referred to the facility shall not wait for their appointments outside in a manner which blocks the
pubic right-of-way. All candidates with referrals must wait for their appointments inside the
facility. We feel that if those conditions are adhered to, that we would recommend approval of
the application.
Chairman Regalado: OK, Madam City Clerk, we need to swear in the people that are going to be
addressing the City Commission.
Priscilla A. Thompson (City Clerk): We would need them to stand, please, so they can raise
their right hands for us.
Chairman Regalado: Anybody who wishes to speak on an item.
The City Clerk administered required oath under City Code Section 62-1 to those persons giving
testimony on zoning issues.
Chairman Regalado: Thank you. Mr. Knox.
George Knox: Thank you very much. Mr. Chair and members of the Commission, my name is
George Knox for the record. I'm an Attorney with offices at the beautiful structure located at 150
Southeast 2nd Avenue and it's my privilege today to represent PAVE which is an organization
whose acronym stands for Partner for American Vocational Education. I think that is very, very
critical at the threshold to indicate that PAVE and its operations do not constitute a land -use that
has appeared to have been of some concern to a number of people. The fact that PAVE has been
characterized as an employment office is because of the nature of the business activity is not
enumerated or specifically defined in your code of ordinances. I would dare say that this is the
reason that as you look at your staff recommendations, employment office is in quotes. PAVE
specializes in providing customized training to persons who have been identified by potential
employers. Generally PAYE's clientele are persons who are in the transition from welfare to
work or other persons who have been chronically unemployed but are eligible to, after serious
screening and evaluation, receive training to go to a specified job. There's no activity pertaining
to employment that takes place on the premises of PAVE. I think that it was necessary to clarify
any questions about the nature of the business activity. Mr. Chairman, further in addition to the
conditions that were proffered by PAVE in its letter of intent, there was an open house, open
meeting conducted on the PAVE premises about three weeks ago at which all concerned parties
were invited. Resulting from that was a letter from one of the more interested parties in the
neighborhood and it resulted in a number of other conditions that have been agreed to by PAVE
and I would like to additionally read those conditions into the record. The conditions were
suggested by the Kluger Family Limited Partnership and it regarded specifically these
applications and those conditions include that the certificate of occupancy would run only for the
initial term of the lease. PAVE now enjoys a 3 -year lease with the property owner, Mr. Howard
Treger who is present today. Number 2, no subleases allowed. Number 3, zero tolerance for
those found to be loitering on surrounding streets and sidewalks before, during or after program
hours. Removal from the program for students found to be engaged in the drinking of alcohol or
117 June 13, 2002
taking of illegal drugs. In that connection, PAVE has adopted a student code of conduct entitled
PAVE and the work force development partnership is the drug and alcohol free environment for
employees and for students in training and a code of conduct has been formally adopted
requiring a signature from each student who participates in any activity at PAVE and a violation
of which would cause a cessation of their opportunity for their own employment and career
advancement. Number 5, the condition of an after -dark security guard. Six, the maintenance of
fences between adjourning properties. And number 7, a pre -periodic review of the tenant's
effect on the neighborhood, which would result in an any continuation or discontinuation of the
certificate of occupancy. Mr. Chair, members of the Commission, it is PAYE's position that
every requirement of the law has been satisfied by PAVE in order that you may grant the request
that is before you. Every condition that has been imposed by the City and other concerned
citizens has either been addressed or would be promptly addressed upon your approval. There's
been substantial expenditure of funds and the contracting of third parties in order to satisfy all of
the conditions that have been proffered. I would further simply say that PAVE is an entity that
performs a great public service to this community. PAVE provides the training necessary for
people to be employed by the Performing Arts Center and a letter of support is found in the
packet along with a number of other letters of support from employers who have hired people
who were trained based upon the activities of PAVE. If you have any questions I would be
pleased to answer them, and the principals of PAVE, Mr. Dean Griffin and Ms. Precious Knox,
are also present to answer any questions that you may have.
Commissioner Teele: What was the lady's name?
Mr. Knox: The lady's name was Ms. Precious Knox and I'll daresay that if I seem a little bit less
glib than usual, then you certainly understand why.
Commissioner Sanchez: Precious Knox.
Commissioner Teele: So that would be your spouse?
Mr. Knox: That would be my spouse.
Chairman Regalado: Ok, anybody else who wishes to speak on this item? Name and address,
please.
Francisco De La Paz: Good afternoon, ladies and gentlemen. My name is Francisco De La Paz
with office 600 Palm Avenue, beautiful downtown Hialeah. I'm also a property owner on the
vicinity of this project, which I hope for one time will be as beautiful as where Mr. Knox keeps
his office, and because of that today I'm opposing this project. I understand everything in life.
Then again, if this -- and this is something I'm not clear on. Maybe somebody will be able to
answer me. Is there a specific zoning that this project can be on without special exception? He
mentioned something about a meeting. Maybe the City Attorney, even in as much as he doesn't
like to engage me, can answer that.
118 June 13, 2002
Juan Gonzalez (Planning and Zoning): Juan Gonzalez, Planning and Zoning. This is allowed by
special exception in zoning districts C-1, C-2 and industrial. So the answer is no. It would
require a special exception for an employment office in those zoning districts.
Mr. De La Paz: Wherever they will go?
Mr. Gonzalez: In the commercial zoning districts, yes
Mr. De La Paz: And this is on AC -1, which is the lowest of the commercials?
Mr. Gonzalez: I'm sorry. It's not a special exception. It's just Commission approval.
Mr. De La Paz: Commission approval, and this zoning there --
Mr. Gonzalez: It's one of these strange uses that we put in the ordinance that does not require
special exception, but does require Commission approval. There are some uses, usually, the way
that the route is --
Commissioner Teele: Question. Let me try to understand just for one moment. I thought this was
a special use.
Mr. Gonzalez: Right. It's a special use, but not by special exception, with City Commission
approval.
Commissioner Teele: How does that differ?
Mr. Gonzalez: What happens for some reason, there's a few uses in the code, that were basically
codified with Commission approval, but not going through a special exception.
Commissioner Teele: But why did you let the expert that wrote this code --
Ms. Slazyk: The only thing, there are several uses in the ordinance that don't go to the special
exception, they just go to straight to City Commission approval, and that was per City
Commission request. One of the other ones is the drive-throughs for banks. They need
Commission approval. There are a bunch of uses that fall into that because the Commission
wanted to see how they were executed in the City, so this is one that does not say special
exception but the certificate of use requires Commission approval before the City can issue it.
Vice Chairman Winton: Well, what's our grounds for approval or denial in this model?
Commissioner Teele: Mr. Attorney, that's a great question.
Alejandro Vilarello (City Attorney): As with all applications, it's based on the evidence that's
presented to you in this public hearing.
Commissioner Teele: What was the staff recommendation?
119 June 13, 2002
Ms. Slazyk: The staff recommendation was for approval with conditions. They are enumerated
in your package and I believed Mr. Knox proffered some additional conditions.
Commissioner Sanchez: Well, let's listen to the public.
Mr. De La Paz: OK. Inasmuch as I understood what Mr. Knox said, they met all the
requirements and they are here properly and they've met all the laws, so basically it's up to you
whichever way you want to choose either you want it or not. It's going to be your own personal
opinion on this item, and we as the public also have our own personal opinion, and personally,
I'm not against the project per se, I'm against the location. We have envisioned some changes in
the neighborhood and this is not one of the uses that I personally had contemplated being
forthcoming into the neighborhood.
Vice Chairman Winton: Would Hialeah like this use?
Mr. De La Paz: We have them in Hialeah, sir. We do have them in what is called C-2 liberal
commercial, where you can have almost anything and that's why was the basis of my question as
to where were they permitted in the City of Miami, if at all. Signs -- if they were permitted in
some more liberal usage, they should have gone there first, but that's not the case. That was the
reason. Inasmuch as I'm very proud of coming to Hialeah, just like your City Attorney was at
one time, I'm a property owner, I'm the neighborhood and a taxpayer in the City of Miami and
that's why I'm here for. I don't think --
Vice Chairman Winton: I just wanted the Clerk to set the timer so that we can get through these.
Mr. De La Paz: I'll be very brief. I see the time here and here we go. I just wanted to express my
opinion. I don't think this is the proper location inasmuch as I'm in favor of their program, but
what we are trying to do in the neighborhood and the way that the neighborhood is supposed to
be revitalized into, I don't think will be compatible with this kind of usage, and that's why I'm
against it. No matter how much security and all the other stuff that you can promise to do, people
going to still behave the way they want to behave and we not going to have no control over that,
and with that I'll leave the floor some other people can express their opinion on that.
Chairman Regalado: Thank you. Go ahead, sir.
Eugene Rodriguez: Hi. My name is Eugene Rodriguez. I'm the owner of Big Time Productions,
the Ice Palace film studios which is the intersection of North Miami Avenue and 14th; therefore a
property owner in the area as well. As many of you know, the area is pretty much uninhabited
except for the studio I own, are active and some restaurants and supply housing. There's a lot of
properties that have changed hands and are on the verge of opening, but everyone's waiting and
we need that one coffee house, that one thing to open and the whole place will really explode and
this type of business is not really appropriate for the vision for this neighborhood. It really
doesn't fit. It creates traffic of people that really actually get in the way of the progress of what
we need to happen there. At the rate that the taxes are going up in the area, we need things to
happen fast. This is not necessarily what we need to happen right away. There are more
120 June 13, 2002
appropriate places for this type of business to happen. The population base that's going to live in
this area is not a population base that would use this service, so it really doesn't make sense for it
to be there. I think they will do better elsewhere actually, if the want to be successful. I think for
everyone's benefit I think it doesn't make sense for our little neighborhood anyways.
Chairman Regalado: Thank you, sir. Yes, sir. Go ahead, ma'am.
Aura Jain: My name is Aura Jain. I live at 226 West Rivo Alto on Miami Beach and we are
significant property holders around the Performing Arts Center. This particular piece of property
just to give people an idea, I could throw a softball from the opera house and hit this building and
I'm not a world-class athlete. This is counterproductive to the vision that the Commission has
shared with me, which, by the way, the Commission has been very supportive of things in the
neighborhood and everybody appreciates it. You want residential? You want a neighborhood?
This is not the way to go. And for us it would possibly -- it would definitely affect our plans.
And I think the programs great and that's good but I think we can work on it in a better location.
The fact that you have to come up with so many conditions and so many things. What does that
mean? And who's going to police those conditions? Who's going to watch the loitering? We're
appreciative the code enforcement police officers have been around a lot, but we can't even
control what's there now, so what's our assurances? So we're getting ready to spend hundreds of
millions of dollars like a half a block away and I think the City Commission should be
supportive of that effort and suggest that another location be considered.
Chairman Regalado: Thank you.
Mariano Cruz: I'm Mariano Cruz, 1227 Northwest 26 Street. I live and pay taxes to the City of
Miami. Just coming here for a matter of information. I am a member of the Empowerment Zone,
boy in Allapattah and the other day there was a meeting in Melrose and the people from PAVE
were there. Are they there now? According to the business card they gave me, they were there
already at this very moment, and I am not against them or for them, but I am for spreading the
burden. The same thing, they want to move Camillus House to our neighborhood, too close to
by, they can put some things all over the place, Little Havana, all over, because this is a work
force development. I am for them anyway because they were there recruiting people that way of
telling that we are just now in a way limiting (UNINTELLIGIBLE) people from public housing;
is that right? Most of the people who work on carpentry training, whatever they work on public
housing, which is fine because all these thing is a byproduct of society, so we don't do anything
by shifting the program from one neighborhood to another neighborhood. Let the people there of
the Theater of Performing Arts see some of the byproducts of society because it's wrong. Why
should all be put in Allapattah? And we have plenty of public housing in Miami and a lot of
them located in Allapattah where the county put it, because they don't it in Golden Beach or
some other place or Pinecrest. No, they want it in Allapattah, so I like to see that project there. I
like it, really, because one thing, too, they did more than the work force of Miami, because they
were doing recruiting and outreaching in neighborhoods there. They never -- people from Miami
they never came to our meetings telling people what they can do for the workforce or trades. Ok,
thank you.
Chairman Regalado: Thank you. Go ahead, sir.
121 June 13, 2002
Oren Cohen: My name is Oren Cohen. I own property at 1241 North Miami Avenue. I thank
you for the permission to speak. I'd like to bring some personal experience as far as me working
as a small time developer with the people who have been involved with rehab. I've done a small
project on Hollywood Beach about two years ago, I moved here from New York, and I used the
work force of people who were local people who were going through rehab. And it was a
successful experience, however I must bring to everybody's attention statistics, and as far as our
group is concerned, whether we are involved in six figures, seven figures and up as far as
developing and bringing fresh money into the neighborhood to actually put our roots there and
be the pioneers of changing the face of the street, I believe the success ratio of rehabilitation and
I'm right -- pertaining right now to alcohol and drugs, it's about 2 percent. I might speak harsh a
little bit at this point in time, but I'm only speaking out of life experience and I'm a great believer
in charity. I think it's part of any person who's trying to do something in life is to spread and give
as much as they can to contribute to society. I can only tell you only this much, that one of the
main problems that happens in this type of situations is that drug dealers find these places as the
best place to do business, and as Eugene mentioned, there's a bunch of us who are ready to
launch and put retail outfits in --
Chairman Regalado: Your time is up.
Commissioner Teele: Mr. Chairman, I would ask that his time be extended to just finish the
thought.
Chairman Regalado: Go ahead.
Mr. Cohen: It's just my opinion that it will hold us back. It will create problems, and the
problem is already there and we're trying to clean-up and I know the aftereffects of the matter. l
know what happens when you situate a business of that sort in the middle of a new development.
It's not per se that people are not trained enough. It's what the outside factor that will basically
crawl in.
Chairman Regalado: Thank you. Go ahead, sir.
Gil Terem: Good afternoon. My name is Gil Terem and I own property on 30 Northeast 14tH
Street. I think that most of the things have already been said. I just want to add that all of us
have the same goal right there in the neighborhood to bring it up. The City and us as the
developers, and none of us need another load on the neighborhood, and it's not true that the place
is clean and we push the problem elsewhere, because we there face everyday problem as we
speak, so the place is already have a lot of problem that we try to clear now and we don't need
another problem. I know it's good cause but it's not the right place for it. Thank you.
Commissioner Regalado: Thank you. Eleanor.
Elenor Kluger: My name is Elenor Kluger and I own a business right adjacent to this property. I
am also your representative from the Empowerment Trust and the Empowerment Trust has given
funding to PAVE in order to have their operation there. I did not pick that spot and I came about
122 June 13, 2002
it afterwards, but I do know from my board members that PAVE people do get jobs. They are a
help to the communities. They are a help to the surrounding communities to get a job, to teach
them carpentry, to teach them things, and I have observed even the classes held there, very nice
young people wanted to get ahead. I am also a property owner and have been a property owner
in that area, and believe me, it is very hard to rent your property in the area. Most of our
properties have remained empty or used as storage rather than to have people. We would like to
have people into the neighborhood. We feel that activity is good for a neighborhood. Traeger
and the rest and Dean have all agreed to do all the things that we've asked them to do and I feel
that they'll be a good neighbor and it will be for the three years and I know my fellow property
owners do not like to hear this, but I think we should get them a shot for the three years and I
think they'll abide by what they say they'll do. Thank you.
Chairman Regalado: Anybody else? Go ahead, sir.
Howard Traeger: Howard Traeger, I'm the property owner that's renting to PAVE. I live at
14400 Southwest 81st Avenue. We've owned property there, my family, for 20 years. We've
been paying taxes to the City of Miami. We've had the property listed for six months prior to
finding Dean. We only had maybe one person come in, and in consideration of the big project
that you're building there, we didn't want to block it too much, so we decided we'd set a three-
year time limit from the time that we sign the lease which makes their lease run out
approximately at the same time that the Performing Arts Center will be done, so we thought that
that would be a good way to protect the neighborhood and considering that we didn't want our
building to sit empty, we opted to take the lease after checking them out and talking to them and
understanding their business. The only other thing that I can say is that I think they've been
wrongly tagged as an employment agency. I don't thing that's what they do, and if you look
further in your packages I think you'll see that. That's about it unless you have any questions for
me.
Chairman Regalado: Thank you. OK, we will close the public hearing. Members of the
Commission, the area Commissioner, anybody else? OK.
Jason Armstrong Beck: My name is Jason. I work with Avro on the properties over on Northeast
2nd Avenue. My concern with this labor pool, whatever you want to call it, is that in the
neighborhood right now behind our property there's nothing but crack attacks and homeless
people on a daily basis, and by having something like this come in, there's no policing in our
area whatsoever none, zero. Apart from that, to do a great j ob, code enforcement do a great j ob.
Code enforcement cry to me everyday about the problems in the neighborhood, so having this
there is only going to make -- it's about perception. People are going to come because they're
going to think it's a labor pool and they're just going to hang out, sleep on the street, do crack.
From Overtown the drug addicts will come. All the drug dealers will come, and that's what's
going to go wrong with the neighborhood, and we're trying to do something good there, an
Entertainment District, an Arts District, build cool things, good things right by your new crown
jewel, the Performing Arts Center, so I don't see how this can benefit the area at all.
123 June 13, 2002
Chairman Regalado: Thank you, sir. OK, anybody else from the public? Being that no one else
wants to address the Commission on this issue, we close the public hearing. Commissioner
Sanchez?
Commissioner Sanchez: Thank you, Mr. Chairman. We create special overlay districts to
protect business corridors. We've done it throughout the City, and basically what that does it
protects those business corridors from business that come to the area that are not within the
parameters of that corridor. This one happens to be one an employment office, whether you
want to label it a labor pool or whether you have been falsely categorized as a work force, let me
say from experience, I have one in my district that I could bring out the complaints. It is next to a
church, next to a big supermarket, and people don't just show up on appointment. They basically
show up on need. There is people showing up doing minor construction to pick up cheap labor.
It is just it's a mess out there and although that we work with the church and we work with the
NET offices and we try to work with everybody, these are the things that basically affect the
economic development of any area, so I don't even know whose district this is in, or it doesn't
have anything to do with districts, but I tell you, I speak from experience. I wish that these
conditions that are set forth that you could apply them. It's very hard to apply these conditions to
such an establishment, and I tell you from my district, that is on of the biggest nightmares that I
have, is that labor pool in my district, so that's basically it and I can not support this.
Commissioner Teele: Mr. Chairman, this is Vice Chairman Winton's district, and as I say we
are all here to vote our individual views and we do that. We try to respect the Commissioner's
district that it comes, that the area lies in, but as the Chair of the redevelopment authority, I have
to speak to this issue and then try to support and listen closely to the district Commissioner, Vice
Chairman Winton. If this item were before us three years from now, I would be adamantly
opposed to it. Adamantly, unalterably, but it's here in the midst of one of the worst New York
type construction sites in all of Miami and it is a horrible construction site, and it's going to be a
horrible construction site for the next three years. We've got temporary trailers all over the place
that are not permitted by our code, but we do allow temporary trailers for construction, and all
you got to do is drive half a block from that site, and there's many construction trailers as you'll
find anywhere in South Florida. We've got the road turned up, torn up and all along this area
we've got construction workers. I've even talked to a number of the business owners about
opening canteens, etc. This site, as I understand, madam director, where did she go? This site is
approximately what three blocks from the Performing Arts Center construction site? It's a half a
block according to some of the people in the audience. It's clearly within the sphere in influence
of the construction site.
Ms. Slazyk: It's on 1st Court and 13th
Commissioner Teele: OK. Well, 14th Street is the construction site and that goes all the way to
"d Avenue, it's Biscayne and Northeast 2"d
2 , so 1st Court is a half a block, just like they said,
away. And the balance that I'm trying to understand is this. We just granted a lot of the property
owners that are here now the right to have construction trailers, to have trailers in that area. But
for the construction of the Performing Arts Center, would they be allowed to have those trailers
there on property?
124 June 13, 2002
Ms. Slazyk: Only temporary construction.
Commissioner Teele: And the temporary construction is going to last how long? Three years,
four years, so there's not going to be a lot of substantive redevelopment going on, on top of a
construction site. That's not to say that we can't move in parallel, but I think we got to be real
careful when we come down and we start saying we want to comply with the codes and
everything because the truth of the matter is if somebody calls the tech, the last time I checked a
temporary permit is for one year. Mr. Attorney?
Ms. Slazyk They have to get extensions every year.
Commissioner Teele: That's right for one year, so this is what I'm trying to rationalize. If we're
going to allow the area to have on at least two or three different blocks all along the Performing
Arts Center construction workers with parking and construction trailers and all of that, then
having the construction -- this is really not a construction. I thought you all did job training as
well. Mr. Knox, why don't you clarify what does PAVE is. It's a labor pool or is it --
Mr. Knox: PAVE trains people for jobs that have been identified. People don't come to PAVE
seeking jobs. People come to PAVE at the behest of an employer so that they can be trained to
perform the jobs. Itis --
Commissioner Teele: Who do you all train primarily for at PAVE? The maritime industry or
who?
Mr. Knox: The major portion of the work force development aspect of PAVE trains people in
the maritime industry.
Commissioner Teele: That would be the cruise industry?
Mr. Knox: Well, the heavy duty aspect of the maritime industry and now PAVE focuses on
training people to take positions in the construction industry, including people at the job site
across the street represented by the Performing Arts Center.
Commissioner Teele: The permit that you all are requesting, how long and at what point do you
have to vacate it?
Mr. Knox: According to the proffer that we made and according to the lease that's been engaged
with the property owner, the certificate of use would expire at the termination of the lease and it
is now probably half a year into a three year lease.
Vice Chairman Winton: What did you just say?
Commissioner Teele: Two and a half years.
Mr. Knox: January 2002.
125 June 13, 2002
Vice Chairman Winton: So are you operating already?
Mr. Knox: We are operating to the extent that we're performing administrative activities and we
are operation consistent with the requirements of the planning department based upon the use
that we are engaged in right now.
Commissioner Teele: A little bit more candid, Mr. Knox, would be helpful, I think. What does it
mean?
Mr. Knox: But you see we get caught up in definitions. That is why I have to be so careful.
PAVE is not performing its job development business activities at this time, subject to the
approval that we hope that you're about to grant.
Chairman Regalado: OK. Vice Chairman Winton, the public hearing is closed, unless a
Commissioner needs to ask a question.
Vice Chairman Winton: Well, I've not seen a PAVE operation in operation, so I don't have a
visual, so my visual's being developed here today. Commissioner Sanchez, you said you have a
PAVE operation in your district?
Mr. Knox: No, no, no.
Vice Chairman Winton: Oh, it's a labor pool, you have in your district. It is not PAVE.
Commissioner Sanchez: It's an office where people go and get employment.
Chairman Regalado: I have one in my district, a work force office, SABER, in Flagler and 39th
Avenue. I'm going to tell you this is an example of how good you can run an office and that is
that office. They have at least 100 visitors daily and the neighbors do not complain. You don't
see them hanging around in the streets, but that's the way that they run this business.
Vice Chairman Winton: So where is your current PAVE operation? Where is one that's in
existence? Where's the one that -- in fact, I'm going to want some of the neighbors to come back
again also, because what I'm trying to do is understand the basis under which -- I want to
understand clearly how you operate and I also want to understand the basis under which the
neighbors, given the explanation that I've heard, which is that this isn't a job center. It isn't a job
pool. It's a training operation, like a school, so I'm trying to -- I want also to understand the basis
under which the neighbors have determined that this is a bad operation, so somebody come up
here and from the neighborhood and give me some additional information.
Luis Melo: Luis Melo, 1800 North Miami Avenue property owner right behind PAVE. They
was operating without the CO (Certificate of Occupancy). That's what we catch them. We went
there to find out what they was doing, because we would have to watch every corner what we do.
We have only drug dealers on the corner. Again, no policemen, and we have a labor pool in the
neighborhood somebody else buying the property, so finally they are moving out. The homeless
come to us and say, look, you wasting your time. Labor pool moving out. We get another labor
126 June 13, 2002
pool in the corner. The homeless, the drug dealers are laughing at us so that's when we went to
the NET office and find out who are they. NET Officer go there. They operating, they are open
door having classes without a CO. They have paid rent from January until now, OK? So that's
what we getting the City of Miami. How can you open a business without a CO?
Vice Chairman Winton: Luis, are you telling me that you went over there and they were training
people?
Mr. Melo: Correct. I went there and I sneak myself under the door, and the guy say, "What are
you doing here?" and I said, "I'm a neighbor. I'm curious. I want to see what it is." That's how it
started the whole thing. And then, on lunchtime, they are doing a good thing. Don't get me
wrong. On the lunchtime, the student coming into a convenience store. What I own the real
estate. What he was a Nuisance Abatement Board for many years and the City also didn't do
nothing. I asked Patricia Castro. We try everything. OK, so they come in on break time, getting
beers on the convenience store and getting arrested on the corner, and they were asked where
they were coming from, "Oh, we a student on PAVE," having lunch, beer?
Vice Chairman Winton: OK.
Mr. Rodriguez: I also would like to make a statement to Mr. Teele's concerns. Three years is a
very, very long time for property owners that aren't right next to the Performing Arts. The flow
of people in front of my property, which is close to 200,000 square feet of property, is horrible,
and we have to stop. The reason for these people to be flowing there, there's no -- they don't live
in that neighborhood. They are coming from elsewhere. That flow has to stop. The purpose for
going there has to stop. Three years is, you're going to see my face everyday complaining, if it's
going to take that long, and you can't expect to charge the real estate tax and everything we're
going through because it's impressive what we've been hit with as property owners, and the
City's done nothing. You have a lot to deal with, don't get me wrong but this is adding more
work for us to deal with. It's really a lot of work to deal with, this constant flow of people that
you can't control.
Ms. Jain: Also I think there's a misconception. We own the neighboring pieces to the
Performing Arts Center, and we have made a concerted effort not to rent to trailers and not make
it a big parking lot. We are putting a very important National Museum, world-class and it will be
two doors away from us, so and this is something I'm talking about happening immediately, so
we're making an effort to make this a neighborhood as quickly as possible to our own benefit.
We want people to get users to coming there. We want people to live there. In order to do that,
we want to create a neighborhood now and we're going to make that effort to do that. This
discourages us.
Mr. Gil Terem: I just want to add one thing. We're talking here about -- I heard the gentlemen
here mention the fact that they're given three year lease, so by the time that the Performing Arts
would be up, they won't be around. So first of all, we know that it's a problem and second, we're
there for two years already, and I'm going to open a place in two months. A friend of mine
opening a place here in few months so what are we going to do those three years? 30 Northeast
127 June 13, 2002
14th Street, I'm about to open there a coffee shop and a gallery now, not two years from now how
do I survive?
Mr. Knox: Mr. Winton, may I please address some of the concerns that you have expressed, and
I'm reluctant to judge the motives of well-meaning people who appear to be interested in
furthering the opportunity to enhance both the value and the opportunities represented by the
property that they own; and therefore I must address my remarks to the Commission, because it
is obvious that in spite of PAYE's best efforts over the past five or six months, the persons who
oppose this application are not persuaded, but each person who has appeared at the microphone
in opposition to activities which take place at PAVE has not been witness to activities that take
place at PAVE. Mr. Kluger was interested enough to come to PAVE and what she saw, she was
impressed with. A gentleman said that he came to the back door as a curious neighbor and he
saw activities taking place. The fact is that PAVE contacted both the NET office and the
Planning Department in order to gain permission to carry out a contract with the Empowerment
Zone Trust to train people on 30 computers which are located inside of the PAVE office, and I
emphasize the word "office" because those who oppose this application have a misapprehension
that they're obviously not interested in correcting. This is a lawful business activity taking place
in the appropriately zoned part of the City, subject to conditions that have been imposed both by
the City and subject to the voluntary proffer of those things that would address even the
unfounded and the unreasonable fears of those who have an opposition to the business activity
that they think takes place inside of PAVE. It is castigating people and it is also demonstrating a
form of elitism that is unacceptable when you apply public policy, and the parties who oppose it
are insensitive to the fact that this is not an interference with any of their desires, hopes or
aspirations. It is in furtherance of a policy of the City of Miami to do whatever it can in order to
provide opportunities for people to do business, especially when they're doing business
developing the workforce. That is the alternative to the imaginary fears that the parties who
oppose this application have, and if those parties wish to engage in specifics in what they
observed, I'm sure that there's a reasonable answer for it and so the motive of PAVE is simply to
do what it has a right to do and that is to assist in the development of jobs and opportunities for
people right where it's situated now and to be cooperative and to be attuned to the rational
concerns of people who might be opposed to the operation.
Vice Chairman Winton: Well, but George, there's a few things here. One is that I don't think
I've heard yet -- you may be the closest in this explanation, but there's been numerous
explanations. There's certainly been questions about what PAVE's going to do, and the closest
we've gotten to an answer is computers. Now, is computers the only kind of training that going
to go on in that facility?
Mr. Knox: No, there's construction training that goes on at PAVE. Construction training and
training on computers as to matters related to those job orders that are received by PAVE.
Nobody walks up to PAVE looking for a job. Somebody walks into PAVE in order to qualify a
job that has already been ordered by an employer.
Vice Chairman Winton: The point that they made about some of the PAVE clients who are
going to the little convenience store that's right there half a block away -- I don't remember what
that is exactly -- or a block away and drinking beer on their break. Now, I'm not, I've dealt with
128 June 13, 2002
most of these guys including Luiz -- for sometime now, and the first time I ran into Luiz -- I
considered that he was a pain in my butt. I spent time with Luiz -- driving around with him, and
I'll tell you, what I learned from him is that he knows what he's talking about. I thought he
made stuff up like just throw all this junk at me so that I can appreciate that everything's a mess,
blah, blah, blah; but he took me around and showed me step by step, person by person,
supporting every single point he made, so what I learned is that he isn't -- maybe he's a pain in
my butt, because I don't want to deal with all the problems; but that's what my job is. What he
was doing is being an activist in his neighborhood and he knows precisely what he's talking
about, so what that did for me is it created huge credibility in my eyes when he says that this
kind of activity is going on, because he's proved it to me over again. So if he says that he's
talked to people and they said they were at the little corner store at their break in the morning and
they're drinking beer, I believe him.
Mr. Knox: That's fine, Vice Chairman Winton, but with all due respect, I've got to tell you that
this borders on an impermissible generalization and stereotyping. Even if we conceive that two
students, five, six students who were doing something at PAVE went on their lunch break to a
neighborhood store and purchased a beer, that's a long way from "they drink beer on their
breaks." And I daresay these very fine coffee houses and these very fine upscale Tony
restaurants will not be able to do their business without somebody having a couple of martinis at
lunch, and so we have to be careful when we apply zoning regulations to regulate human conduct
and we have to be terribly careful when we make irresponsible statements in order to try to make
a point that are not borne by the facts.
Vice Chairman Winton: Well, George, I happen to have an arrest document here, so it isn't just
about somebody going into the Tony restaurant and having a damn martini, George. It's about
the students standing out in the middle of the parking lot drinking beer. There's a big difference
and that's a problem.
Mr. Knox: No, sir, I don't disagree with you, but you see this is the area that we really took
great pains not to get into while we were working with the staff about a constructive solution.
Now there are some details that don't even need to be discussed concerning that photograph and
the so-called arrest, but I will daresay to you that if a case was made, that PAVE should not
operate to train people because two human beings were photographed with open containers of
beer, then there's something wrong, Vice Chairman Winton. All right, and that's it. Arrest
record based upon two human beings who were arrested for having an open container of an
alcoholic beverage three blocks away from the facility, who will identify themselves, as they
appropriately should have to the authorities. That does not constitute a basis for denying the
request that's before you today.
Vice Chairman Winton: I think that what the issue here is, George, in my mind, isn't just the two
individuals. The question is is the environment that's created by this use a significantly negative
impact on the neighborhood, and that's the issue. It isn't these two guys. It is what PAVE
represents and how it conducts its business. Will it, in fact, have a negative influence on a
neighborhood that is working hard to pull itself up by the bootstraps, and that's the issue that we
have to deal with here, and it's a hard issue, because I am familiar with what PAVE does and I
think PAVE -- that the task that PAVE performs, the service that PAVE performs in our
129 June 13, 2002
community is absolutely crucial and it's very good. No argument there at all. The tug here -- if
this was easy for me to make a decision, I would have already done it. I wouldn't be sitting here
going through this torture. It's a tough decision here, because I have huge sympathy for what the
people who are investing their hard earned money in this neighborhood are going through, and
most of them didn't invest it yesterday, and all of them are getting tax bills everyday with their
tax bills going up dramatically and they don't have revenue to support that increased cost. So
their concern, rightfully, is to make sure everything -- that they use every tool they can to make
sure that everything that comes into their neighborhood adds to value, doesn't decrease, and what
we're trying to figure out here and the decision that these Commissioners have to make is
whether or not PAVE as an entity will create greater problems for them or be a positive for the
neighborhood.
Mr. Knox: Right, and I'm suggesting not only would there be a positive in the neighborhood, but
they'd be a positive to the neighbors. Again, once the stereotype is broken, for example the same
gentleman who will open coffee houses and contemplates businesses especially within the next
three years, can place a job order with PAVE and specify the type of person that they want.
Vice Chairman Winton: George, let me interrupt you. How many of you have visited -- how
many of you all, the neighbors, have visited PAYE's operation, been inside? How many PAVE
operations are there in Miami -Dade County? I don't understand. Is this the only place where
you're training people? I thought you trained at -- was it Lindsey Hopkins you do training at?
Mr. Knox: At Turner Tech.
Vice Chairman Winton: Turner Tech, so this is going to be an additional training facility or the
replacement for Turner Tech?
Precious Knox: Actually we don't have any more training going on at Turner Tech now. That
contract has expired.
Mr. Vilarello: Mr. Chairman, the speaker should identify herself.
Ms. Knox: I'm sorry. Precious Knox, 3863 Southwest Douglas Road, Miami. We don't have
any training going on now there, because that current contract there has expired.
Vice Chairman Winton: This is a technique that we -- that this Commission has used quite
successfully on lots of these types of issues that I would like to suggest again. I would like to,
yes, defer a decision on this item for 30 days. I would like to suggest that the neighbors, all of the
property owners who have a concern, I want them to get together with the folk from PAVE and I
want you all to meet face to face, talk to each other be in the facility, talk about what the plans
are, what their commitments are, what your concerns are and then we're going to hear this again
30 days from now.
Commissioner Teele: Second the motion. Mr. Chairman, I would further request that the
Attorney be instructed to work with the District Commissioner and to schedule an inspection.
130 June 13, 2002
There will be no discussion at the site by those that may choose to come for the purpose of
gaining an inspection of the site.
Vice Chairman Winton: I want everyone to be objective on both sides. You're all listening to
their serious concerns and the property owners listening to what PAVE has to offer in terms of
how they're going to make sure that they are not going to cause a problem, and I want everybody
to get together and then we'll rehear this thing again in 30 days.
Chairman Regalado: Are you suggesting, Commissioner Teele, that we Commissioners check
the property? Is that what you're suggesting?
Commissioner Teele: To the extent that the Attorney reads the statues agrees that we can do
that, yes.
Chairman Regalado: OK, but we will not be present during the discussion --
Commissioner Teele: No, we certainly won't be present for any discussions between the various
parties.
Chairman Regalado: So you have to organize individual visits of the Commissioners.
Mr. Vilarello: Commissioner, if we can reach the point that you can do a site inspection, it will --
as Commissioner Teele said, it would not be a discussion or a debate. It will be made available
by the property owner and it will also be available for any other citizen who might want to
appear and participate and make the same viewing.
Commissioner Teele: It will be a viewing and it will be no noticed in the newspaper. There will
be no discussion among Commissioners or with anyone about it and it would be such --
Chairman Regalado: I understand that, but my question is that we don't have to be there all in
the same group in the same time.
Commissioner Teele: It will be one notice thought, unless the City Attorney noticed --
Chairman Regalado: That's what I'm asking. What I'm asking if you notice can we just swing
by there or --
Mr. Vilarello: It would be for a time specific, time and date specific.
Commissioner Teele: Or several times specific.
Chairman Regalado: Well, you know, I don't think that's practical, because --
Commissioner Teele: I withdraw the request.
131 June 13, 2002
Chairman Regalado: We're trying to make up our mind on a City Commission meeting, and so
much less a visit, but I would really like to see it as a citizen, as a resident.
Commissioner Teele: See part of the problem is that everybody's going to go by and see it, or
some of us may go by and see it. The law does not allow us to read into anything on the record
that's not presented here, and in the normal course of business we all drive by, I drive by in that
area. I don't drive that particular road necessarily, but it will take me all of 30 seconds to deviate,
but you cannot, you're not supposed to take knowledge of -- we're all supposed to be computers,
and we don't see anything but what's before us presented on the record. Is that right, Mr.
Attorney, to some extent, that we're only supposed to take notice of --
Mr. Vilarello: Take notice of what's presented before you and the record below. Mr. Chairman,
on the motion, if the motion is deferred to a particular date?
Vice Chairman Winton: Yeah, we should defer it to a particular date, July 25th at time specific
so July 25th
Commissioner Teele: Why don't we do it to the July 11th meeting.
Vice Chairman Winton: I don't care.
Commissioner Teele: Whatever way we change it everything will be on that date and them we'll
move that date but I think that's more than 30 days away.
Vice Chairman Winton: Oh, it is. I'm sorry, yes, so whatever the date is that, we choose for
July the 11th and we'll do it time specific at --
Commissioner Teele: 5 PM. What's convenient, Eugene?
Mr. Rodriguez: It's very difficult to get this group of people in one room and I think even
deferring this -- it's not that these people are doing a bad thing. It's inappropriate for the mission
of the neighborhood.
Vice Chairman Winton: We're going to defer it because --
Mr. Rodriguez: I can't tell you the schedules of the -- I don't know my schedule.
Vice Chairman Winton: You all 5 a.m., 6 p.m., 4 p.m., 10 a.m.? 5 p.m.
Mr. Knox: Commissioner, that presents a problem because what I think that the neighbors want
to see is PAVE in action. PAVE is not in action at 5 p.m. so we have two --
Commissioner Teele: No, we're talking about the public hearing.
Chairman Regalado: No, this is here for making a decision.
132 June 13, 2002
Vice Chairman Winton: We will make a decision on the l Ith
Commissioner Teele: Between now and the 11th, hopefully the City officials will have convened
a meeting with the all interested parties and you all can work through whether they see them in
action or see them at the canteen.
Chairman Regalado: Wait a minute. The public hearing is closed. The Commissioners can call
somebody, so we have a motion. George, are you done with --
Mr. Knox: I just wanted to make one practical suggestion. I'm certain that the Commission
would like to see PAVE in action. The difficulty is that PAVE can not engage in its activities
without a certificate of use and so what would ask you is that either you allow an interim, subject
to revocation opportunity for PAVE to do its work or that you demonstration that you would like
to see, make your own observations about, but the fact is that they are contacts that PAVE can
not satisfy because they have not obtained the dispensation from this Commission to do what it is
that they're designed to do.
Chairman Regalado: But I guess you're going to have to just organize a show for the people to
see it.
Commissioner Teele: Mr. Chairman, if the motion passes to defer. If the Attorney will allow it, I
think the best way to get an observation of what's going on it's to afford a temporary CO for 30
days to allow, if that's permissible, Mr. Attorney.
Mr. Vilarello: You have the application before it's deferred, I don't believe there is a process for
a temporary CO.
Chairman Regalado: You can just stage what you're going to do and get with the neighbors and
the --
Commissioner Teele: You're dealing with people. Let's be fair. You're dealing with human
beings. You can't bring them in like parrot jungle and have them to do a show. These are human
beings and I think we need to be a little bit respectful. I want to just say one thing. Overtown has
a lower police record than many of the areas in this City and I think the public should be very
careful. One of the problems and if there's a police chief and there's usually 8 or 9 of them in
here -- if there's a police chief here, one of the problems with Overtown is everybody coming
across the track to buy drugs and we need to do some reverse stings over there because you see
everybody's giving Overtown -- you got people coming up here. I didn't say anything about it
but I want you to know that that's very, very offensive to stereotype a community, when in fact
there are drugs all over the place and we know for a fact, based upon the last Deputy Chief
Cheatham -- you just got one of the best reasons why you all need to do more reverse stings over
in Overtown, because everybody's giving Overtown the reputation but people are coming across
from the club district, from the theater district, from the movie district to buy drugs and then
everybody says it's Overtown. Well, the drugs are there admittedly but the drugs are
everywhere, but people come across those tracks and buy drugs. We need more reverse stings so
that we can deal with these perceptions.
133 June 13, 2002
Commissioner Gonzalez: Commissioner Teele, I happen to agree with you a hundred percent.
On the last two operations that the police department conducted, there where people from
Wynwood arrested in Allapattah and there were people from Allapattah arrested in Wynwood
and there were people from the county arrested in Allapattah, so drugs are all over the place.
Commissioner Teele: A skunk that's stinking up his own nest and people don't buy drugs -- they
go somewhere else to buy drugs. They don't buy the drugs -- so we really need to get more
reverse stings and shut some of this stuff down.
Chairman Regalado: OK. We have a motion to continue this on a time certain basis, July 11 or
whatever date is changed, at 5 p.m. All in favor, say "aye."
The Commission (Collectively): Aye.
134 June 13, 2002
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-659
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED
CERTIFICATE OF USE TO ALLOW AN "EMPLOYMENT OFFICE" USE AS
SPECIFIED IN ORDINANCE NO. 11000, AS AMENDED, THE CITY'S
ZONING ORDINANCE, AT APPROXIMATELY 1330 NE 1 COURT,
WITHIN A C-2 LIBERAL COMMERCIAL ZONING DISTRICT, TO THE
COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 11, 2002
AT A TIME CERTAIN OF 5:00 P.M.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Winton: Can we pick the date now so that these people know before they leave.
I can do it. Commissioner Sanchez wanted to do it on the 9th and I think Commissioner Teele --
Chairman Regalado: On the 15th, but we have a problem with the 15th. We have the thing AT&T.
Commissioner Teele: We have a problem anytime beyond the 11th, I guess. What about the 9th
Vice Chairman Winton: The 9th is fine with me.
Chairman Regalado: What day of the week is that?
Vice Chairman Winton: Tuesday.
Chairman Regalado: Is that a whole day, right, starting at 9?
Vice Chairman Winton: That's a whole day, regular Commission meeting, so that's not only a
whole day, it's probably most of the night.
Mr. Knox: Now is PAVE authorized to --
135 June 13, 2002
Chairman Regalado: July 9th
Mr. Knox: In an ongoing open house, open and available during regular business hours to any
person who would wish to see the kinds of activities that will be contemplated by PAVE upon
the issuance of the certificate of use.
Chairman Regalado: Thank you.
Mr. Vilarello: That's an offer to citizens, not the City Commission.
20. RESCHEDULE JULY 11, 2002 COMMISSION MEETING TO JULY 9, 2002.
Commissioner Teele: Mr. Chairman, I move that the Commission meeting date scheduled for
July 11th be moved to July 9th and all items that have been noticed shall be re -noticed for that
purpose.
Commissioner Sanchez: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-660
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING
THE FIRST REGULAR CITY COMMISSION MEETING OF JULY,
ORIGINALLY SCHEDULED FOR JULY 11, 2002, TO TAKE PLACE ON
JULY 9, 2002, COMMENCING AT 9:00 A.M.
136 June 13, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
21. CONTINUE CONSIDERATION OF PROPOSED ORDINANCE TO CHANGE ZONING
AS LISTED IN ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY CHANGING
ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO SD -2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AT 3225 FRANKLIN AVENUE
TO COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002.
Chairman Regalado: Second PZ item, this is PZ -2 is in your district, Johnny, Franklin Avenue,
it's a commercial district to change the zoning atlas. Everybody has been sworn in, right?
Lucia Dougherty: I swear to tell you truth and nothing but the truth, so help me God.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Since this item is a reconsidered
zoning application, I will let the applicant make the reconsideration.
Ms. Dougherty: Thank you very much, Mr. Chairman.
Ms. Slazyk: This is a zoning change for 3225 Franklin Avenue, the Taurus. This is
reconsidered, so I'll let the applicant?
Ms. Dougherty: Mr. Chairman, members of the board, Lucia Dougherty, with offices at 1221
Brickell Avenue, here today on behalf of the owners, as well as the applicant, and with me is
Gino Falsetto as well as Ricky Cawanee, his associate. Gino is the fellow who is contemplating
the purchase of this property and has a contract to purchase this subject to zoning. And you may
recall, this is a piece of property that you initially denied the rezoning to SD -2 and we sought a
reconsideration, and the Commission granted us a reconsideration and put it on this date today.
We are going to be asking for a continuance of this hearing until September the 11th at the very
earliest, but I'd like to tell you the reasons why we're asking for this continuance. We have hired
Bernard Zyscovich, who is an architect as well as a land planner and we gave him a certain
parameters, and we said, Bernard, we'd like to do a well-designed project and a well-designed
site plan and we'd like you to do this in just the two lots that we have currently zoned and one
additional lot, and he said, "you know what? I really can't do that in that space." What you're
doing is you're having the zoning drive the design, instead of the design drive the zoning. And
what he said to us is -- I said, OK, if we didn't make it any bigger building, but we had more
137 June 13, 2002
room and more flexibility, what would you propose; and so, I'd like him to tell you what he
brought to the city in terms of three different alternatives. We're not asking for an approval or
anything. We'd just like to show you where we're going because we're going to be asking for a
Major Use Special Permit with a rezoning of all of the lots to give us more flexibility.
Chairman Regalado: Before you do that, you mentioned September 11th. I guess it's just in
everybody's mind. There is no Commission meeting. City Clerk has advised there is no
Commission meeting on September the 11th. There is one on the 12th, however the zoning is on
the 2e, September 26th
Ms. Dougherty: September 26 is fine and with that, very briefly, we're going to ask him to tell
you where we're going with the project and we were going to be seeking a Major Use Special
Permit.
Bernard Zyscovich: Hello. This will just take two minutes. This is a photograph that I took of
what I believe to be the most significant part of the Taurus property. Part of if is the large oak
trees. This is the view when you come down main highway into the central area of Coconut
Grove from the south, which is where the original SD -1 lot is. This is the view from across the
street on main highway where you're looking at Taurus in here and these great oak trees. This is
what we're trying to protect. If we were to do the project the way that the code allows us, as
Lucia framed it perfectly, a zoning -driven project is not what we would prefer to do. We would
need to take down the trees, remove the existing Taurus and build all of this area upfront along
the street, which I believe would create the building as an end -view to Main Highway, which I
think would be a negative impact on Coconut Grove, because we would rather retain the view
that I showed you of the trees, so we prepared this exhibit, which shows what would be needing
to do. We prepared a second exhibit that shows what happened if we only save the tree, but as
you can see, we are still looking pretty much at the building, and then we prepared one where we
pushed the entire project back and we're proposing to, for the purpose of the approval, not get
the SD -2 zoning on the particular properties until we finish designing the building and then I
think for the first time in this City's history, going with one unified plan that creates a zoning
change based on a project. That's what we would prefer to do. We think that this is a legal thing.
This is a schematic showing how we're protecting the Taurus. The building is back. The building
is actually created. This is all low in the same context as the duplex zone behind it, 25 feet high.
This is a preliminary sketch which would show how the building would step back from the street
how we would retain the Taurus and the trees. So we're still in design. We're not trying to show
you a design, but this is the approach so that we can get you to understand where we're headed.
Thank you.
Vice Chairman Winton: So you're moving for a continuance?
Mr. Vilarello: To September 12th9
Ms. Slazyk: September 26.
Vice Chairman Winton: So I would move to continue this item to September 26.
138 June 13, 2002
Commissioner Sanchez: Second.
Vice Chairman Winton: The Chairman's gone, so you want to serve as Chairman, please?
Commissioner Sanchez: OK, is there a motion for a continuance?
Vice Chairman Winton: So moved.
Commissioner Gonzalez: Second.
Commissioner Sanchez: There's a motion and a second. Open for discussion. Hearing none, all
in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-661
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED
ORDINANCE ON FIRST READING TO CHANGE ZONING AS LISTED IN
ORDINANCE 11000, AS AMENDED, THE CITY'S ZONING ORDINANCE,
BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE
FAMILY RESIDENTIAL TO SD -2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT AT 3225 FRANKLIN AVENUE TO THE
COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER
26, 2002.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Arthur E. Teele, Jr.
139 June 13, 2002
22. FIRST READING ORDINANCE: AMEND ARTICLES 10, 11 AND 21 OF ORDINANCE
NO. 11000, CITY'S ZONING ORDINANCE, TO MODIFY PROVISIONS RELATED TO
SIGN REGULATIONS, ADD CRITERIA AND REGULATIONS FOR NONCONFORMING
SIGNS, PERTAINING TO REMOVAL AND ELIGIBILITY FOR CONTINUANCE, AND
IMPLEMENT PROCESSES NECESSARY TO COMPLY WITH CHAPTER NO. 2002-13,
LAWS OF FLORIDA, AND ADD TIME LIMITATIONS FOR DECISIONS ON SIGN
PERMIT APPLICATIONS. (Applicant(s): Carlos A. Gimenez, Miami City Manager).
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -3. I have another copy of PZ -3.
Ok PZ -3 is an amendment to articles 10, 11 and 21 of the zoning ordinance in order to modify
the recently adopted sign ordinance. These amendments are amendments that will clarify, clean
up some language and add certain provisions and time limitations based on the new amendment
to Florida law regarding billboards. We also eliminated the variance ability and we introduced
criteria for eligibility of continuance of nonconformities, whether they be nonconforming signs
or other nonconformities generally in the City. Probably the most important thing this does is
that eligibility criteria, because it defines what a lawfully erected or lawfully permissible use or
nonconformity or sign is. In order to be lawfully erected it would have to have obtained all of its
building permits, including inspections and be lawful in a continuous nature throughout its
nonconformity. The code provides ways in which nonconformities can be continued through a
special permit and compliance with conditions, and this will list all of that out. The other new
thing that it added is when a nonconforming sign billboard, outdoor advertising sign, is coming
into the City for its class II special permit, in order to continue the nonconformity, it will have to
provide the City with a certified appraisal of the subject property. That's something that's
important for us to have in our records on these billboards because of the new state law, so we
recommend approval. It was recommended for approval unanimously by the Planning Advisory
Board.
Vice Chairman Winton: Then, the Chairman's back. I would move in support of the staff's
recommendation here.
Commissioner Gonzalez: Second.
Chairman Regalado: OK. We have a motion and a second. It's an ordinance. We close the
public hearing. Read the ordinance.
140 June 13, 2002
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ARTICLES 10, 11 AND 21 OF ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCEOF THE CITY OF MIAMI, FLORIDA, TO
AMEND ARTICLE 10 TO MODIFY AND CLARIFY PROVISIONS
RELATED TO SIGN REGULATIONS, ADD CRITERIA AND
REGULATIONS FOR NONCONFORMING SIGNS, PERTAINING TO
REMOVAL AND ELIGIBILITY FOR CONTINUANCE, AND IMPLEMENT
PROCESSES AND PROCEDURES NECESSARY TO COMPLY WITH
CHAPTER NO. 2002-13, LAWS OF FLORIDA, SIGN INTO LAW ON APRIL
4, 2002, RELATED TO OUTDODOR ADVERTISING SIGNS, AND ADDING
TIME LIMITATIONS FOR DECISIONS ON SIGN PERMIT APPLICATIONS;
TO AMEND ARTICLE 11 TO MODIFY PROVISIONS RELATED TO
NONCONFORMITIES AS THEY RELATE TO REMOVAL AND
ELEGIBILITY FOR CONTINUANCE; AND TO AMEND ARTICLE 21 TO
ADD LANGUAGE PERTAINING TO DISCONTINUANCE AND/OR
REMOVAL OF ILLEGAL USES, BUILDINGS, STRUCTURES, AND SIGNS;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The ordinance was read by title into the public record by the City Attorney.
Chairman Regalado: We have several time certain items. We have -- the billboard ordinance is
not in the agenda, but we're supposed to --
Alejandro Vilarello (City Attorney): Commissioner, it was on the agenda. In fact, we just passed
it.
Chairman Regalado: It's wasn't on my agenda. PZ -3?
Mr. Vilarello: PZ -3 was included on the agenda. Apparently, as I understand, that last page was
omitted, however it was subsequently delivered with your package.
141 June 13, 2002
Chairman Regalado: OK, so let's do PZ -3. Commissioner Teele has requested a time certain for
the phone tower in Model City. We have a report from the administration on a time certain till
around 6 on item 49 that I placed on the agenda. Discussion concerning -- well, it says here the
unusual structure, I say ugly, the structure located at 2542 Southwest 25th Avenue, so we are
going to --
Mr. Vilarello: Mr. Chairman, in fact, while you stepped away from the dais, PZ -3 was adopted
by the Commission on first reading.
Chairman Regalado: Oh, OK.
23. DIRECT MANAGER TO SCHEDULE CONSIDERATION OF CELL TOWER ISSUE
FOR JUNE 27, 2002 COMMISSION MEETING; DIRECT MANAGER TO SETUP
PRESENTATION BY INFORMATION TECHNOLOGY DEPARTMENT OF MIAMI-DADE
COUNTY ON REPORTS FROM THEIR EXPERTS ON CELL TOWERS AND ON WHAT
ACTIONS COUNTY HAS TAKEN ON THIS ISSUE.
Chairman Regalado: So we have two times certain, so let's do -- I don't know if Commissioner
Teele is here. He is ready for the tower. Yes, the phone tower. Are you ready for the phone
tower?
Commissioner Gonzalez: What item is that, Mr. Chairman?
Chairman Regalado: It's a time certain; I don't know what item it is, but wait, I'll tell you right
away.
Commissioner Teele: I don't see. Oh, there's (INAUDIBLE). Did you get the information?
Give us your name and address for the record.
Leroy Jones: Leroy Jones, 4055 Northwest 17th Avenue.
Commissioner Teele: Did they give you the information on the cellular tower?
Mr. Jones: No, sir.
Commissioner Teele: Mr. Chairman, I would respectfully ask that this item be deferred long
enough to allow the Manager to designate someone to provide all the information. No need in
coming out here reading the information for the first time, and that way it gives Mr. Jones the
opportunity to review it and come in with some thoughts.
Commissioner Gonzalez: Second the motion.
Commissioner Teele: Do we have the information on the cellular towers, Mr. Manager,
available?
142 June 13, 2002
Carlos Gimenez (City Manager): No, sir, not at this meeting.
Commissioner Teele: Well, let me apologize to you. We said that we would have it for this
meeting. Obviously, we don't have it, so if we can set it for a time -certain for the next meeting,
and what we'll do is ask that the information be made available to you at least three days before
the Commission meeting. Is that going to be satisfactory, Mr. Manager?
Mr. Gimenez: Yes, sir, it will be.
Commissioner Teele: At least three days, so that by Monday the 24th you should have it, and
then what time would be convenient for you on the 27th9
Mr. Jones: I don't know, Commissioner. I have to go back to the other people who is involved in
this, so I really wouldn't know at this point until I speak to them.
Commissioner Teele: Alright, let's tentatively set it for 5:30 and if that's not satisfactory, if you
would contact the Chairman Regalado. It will be on the agenda, but we'll set it for a time, subject
to the Chairman's determination.
Mr. Gimenez: Commissioner, if you're talking about a map -- is that what you're talking about,
the map?
Commissioner Teele: We talking about the cellular, you know, the mapping of cellular towers
that have been approved by the --
Mr. Gimenez: I've just been informed that yes we do have that information.
Anna Gelabert: Yes, they were delivered to your offices yesterday and to the NET offices
yesterday.
Commissioner Teele: But the question is I think in fairness to Mr. Jones and others what we
should do is ask the staff to sit and meet with them, bring them in and treat them with the same
dignity that we treat the other developers or the other builders, because that's a part of the
challenge is whether or not there really is a separate but equal standard where the cellular towers
are put in one neighborhood and not put in the other. I gave the City the benefit of the doubt by
saying a cellular phone is a cellular phone. I would imagine that they are just better camouflaged
and on taller buildings and one of the challenges in the Model City, Liberty City areas is that we
don't have 21 -story, 30 -story buildings that they are nestled on top of them, but I can tell you
that riding through a helicopter, every building downtown's got hundreds of wires sticking out of
them, but and now I even understand that schools have got flagpoles that are cellular towers
disguised as flagpoles, so it's a whole lot of things going on, that -- but I think the best thing to
do is to let Mr. Jones and the community that came out in such numbers, Ms. Range and others,
have the benefit of a meeting and at a time and a dignified environment, possibly at the NET
office in the Northwest area.
Ms. Gelabert: We can do that and we can coordinate it with the NET office.
143 June 13, 2002
Mr. Jones: If I can say, Commissioner, is that I'm kind of like disappointed. I'll be honest why
I'm disappointed, because we supposed to be here for the second reading of the ordinance and
that's my understanding because I got a copy of the ordinance that was given to me the same
night and we supposed to be here with that and we supposed to have the information already so
that we can deal with this, and why I say that is because the time is being delayed and having the
opportunity to do what they want to do.
Commissioner Teele: I thought the ordinance was an emergency ordinance.
Mr. Vilarello: No, Commissioner, it wasn't an emergency reading. My staff directed that it had
to go to PAB (Planning Advisory Board) before it came back for second reading, so it will be
back on the 27tH
Ms. Slazyk: It's going to the Planning Advisory Board next Wednesday and then it will be back
here.
Commissioner Teele: Are they aware that that was directed? Did anyone communicate with the
constituents, the citizens?
Ms. Gelabert: Yesterday after they Karen from your office asked for information and I spoke to
her and I gave her the dates to clarify since your office had received some calls, I explained to
Karen --
Commissioner Teele: But Ana, with all due respect to my office, and I'm happy to carry
messages the reason to have people to sign in and register is so that they can get direct notice and
I think if anybody is entitled to be aware of this process, it's the people who signed in and they
should have received written notification of this. If they did not --
Ms. Gelabert: If they did not, I guess I will give the dates.
Mr. Gimenez: Please accept our apologies for not notifying you of this. It took a different track
on the advice of the City Attorney staff. It's gone to PAB and then it'll come back here. We will
put it on the agenda for the next meeting. We will also make sure that we have a community
meeting in your area to explain the map. The information has been put together and so that
you'll have the ability to see the map and see what the experiences throughout the City, and then
we can bring it up before the Commission on the 27th and we can fully discuss the matter.
Commissioner Teele: Mr. Chairman, if I may very briefly read into the record just a brief
statement dated June 13th, signed by M. Athalie Range. "I am Athalie Range, residing at and
doing business at 5727 Northwest 17th and am unable to be present, hereby wish to have the
following statement read into the record. Quote, I wish to be counted among those protesting the
erection of structures being erected on the corner of Southwest corner Northwest 17th Avenue
and 59th Street. This structure brings absolutely nothing of value to our community. Period,
paragraph. No improvement in property values, no beautification to the surrounding areas, no
employment to citizens who live in the immediate area and if I'm correctly informed, no income
144 June 13, 2002
to the City. Absentee owners of the property are the sole beneficiaries of this monstrosity. I
further limit my knowledge to the possibility that there's may be radioactive fallout in its
operations. There are several schools in the immediate area which would be affected, if this
statement is accurate. Paragraph. Please consider this and other presentations which will be
made and vote against this project for the benefit your constituents. Thank you. M. Athalie
Range." That's former Commissioner Range and again I just want the record to be correct that
there is support, strong support for the position that you're taking. Unfortunately, Ms. Range did
not know that the matter was directed to the PAB and it will be back and we'll schedule it for a
time certain subject to the Chairman's instructions tentatively set for 5:30 on June 27tH
Mr. Jones: Commissioner, the committee instructed me to come down here just in case it come
up because we've been getting misinformation. We didn't see it on the agenda. Then we had
Commissioner Regalado office did say that he was going to pull it up, but then we couldn't get
no clarification if it's going to come up because it's a lot of things on the agenda, so we was
uncertain what was going to take place, but I want to say for the record myself is that I just hope
where I live at get the same opportunities and benefits and be respected like every other place in
the City of Miami. I'm a strong believer that we can all live here and we all can live here
comfortably and happy without disrespecting each other and I believe that, and we feel a lot of
times that we're not getting the respect as other communities. Just to think of putting that big old
piece of machine up there is a slap in the face and to be frank with you, we want it down. We
don't want it there. We don't want to see it there. Why? Because it's like Ms. Range say, it
don't create no jobs in our neighborhood and it's an eyesore. That's our real reasons for it. It's
should be a commercial building there giving jobs and opportunities in our neighborhood, not
something that nobody in the neighborhood going to benefit from, not event he City of Miami,
so personally, and I'm speaking for the whole committee, we don't want it there. No, we
couldn't stop it, because we were unaware of it, and now the thing is there. It's hooked up. At
one point, the NET office went, closed it down three times in one week, but they was able to give
an opportunity to come back based on their attorneys because there it come again, people with
money. If you got money, you can pretty much do what you want to do, because they were able
to buy some attorneys they can come out and fight whatever needed to be fight and given the
opportunity to put the thing there and hook it up. At one point, we was feeling good like we won
something. You know what I mean? We were really investing our time in this to try to make a
difference in out neighborhood, and now we're faced with riding looking at this thing looking at
them be able to work when we thought that the job was supposed to stop at one point until we
deal with this as a community, and I'm not just saying my community, I'm saying all our
community, because it's some in your district, Commissioner Angel, it's some in your district,
Commissioner Regalado. And I'm concerned because in residential areas -- I'm concerned and
all us should be concerned. Why? Because they are being put in neighborhoods, in the poorest
neighborhoods people can't really defend themselves or don't have the financial backing to fight
corporate America, so we, us, the people who are supposed to be responsible for them, should
step up to the plate and watch out for them, and that's why I'm here, because I live there, but not
only am I responsible for myself, I'm responsible for my neighbor, because I want my neighbor
to be responsible for me, same thing, and all us are neighbors. Let's be responsible for one
another. That's all I'm asking. Don't put them in residential neighborhoods.
Chairman Regalado: OK. Anything else, Commissioner?
145 June 13, 2002
Albena Sumner: I was just asked to come because -- my name is Albena Sumner. I live at 1360
Northwest 37th Street, and I was asked to be here as a matter of fact, when this particular tower
went up, I got a call from Commissioner Carey's office, who asked me to call Mrs. Range, who
happened to be on the telephone with the Mayor at the time, and the reason she called me is
because January of 2000 a 150 foot tower was put on the street were I live, which is 10 feet away
from another house, so we went through the motion. We found out who the corporation was.
Commissioner Teele knows about all of this. We had a very large rally. We invited a City and
county Commissioner, the State Representative, the State Senator and the Congresswoman. We
got to be sent letter, as a matter of fact to Congresswoman Carrie Meek, and who sent it to the
appropriate committees in Washington. The end result was that this was to be determined locally.
The problem arouse because apparently the City of Miami did not have a law or anything to deal
with this. The county has what's called some sort of drop fall ratio and we got the ordinance and
we got information on it. My concern is because when ours went up there were 10 of these
towers between Northwest 20th Street and Northwest 50th Street. They are all going up in
minority communities. There's a debate about electro magnetic fields and what sort of diseases
they cause, because everybody keeps saying there's no proof that anything happens. Well, I
want to know and the question that I pose is that -- and we're in the middle of hurricane season.
We have another hurricane classified hurricane like Andrew. What conditions are going to be put
in place? What are you going to do? These towers are 150 feet tall with a hurricane like that,
what do you have in place in case these things fall or they're blown down or whatever? The type
tower that these gentlemen are talking about is about 50-75 feet. There are a lot of them all over
the City. The first time that I had seen one 150 feet. They are built in triangulation, which means
there are three of them. The second one is across the street from the George Washington Carver
Day Care Center. There's already a huge electric substation there. We have transmission lines
going into Overtown that's going to pass Phyllis Wheatly, Douglas and Booker T. Washington.
There are already huge electric substations there. These are our children. This is our future. All
of these towers are going up in minority communities on HUD properties. The county was
looking at this as far as 1997 and something needs to definitely be done about it. The city
definitely needs to address this, as far as I know, from the letter from our last City Manager,
Planning and Zoning was going to study -- and it seems to me it was like if you have a plan, we
have a zone. Planning and zoning came into our community where I live since 1962 and
changed from residential to C-1 to C-2 and they've come in there and built any and everything
that they've wanted, and it seemed like our representatives are not addressing these issues, so we
want to come back on this., The fact is this is the first time it's come before the City of Miami
Commissioner and it's only come because Mrs. Range was involved in this. This is a very
haphazard meeting, because we've had a little difficulty in my neighborhood today but I was
asked to come because I have all the information here. We downloaded information from the
National Institute of Health, from the Center for Disease Control. We have done everything
about this and when we had our awareness rally, all of our elected officials didn't even bother to
attend. Nobody cares because it's in our community and we don't have a voice. But who knows
what's going to happen 20 years from now when people eyeballs start falling out. It's just not
funny. I'm upset about this, but that's what I have to say. I want to follow up on this, but I want
to know what the Commission intends to do.
Chairman Regalado: Thank you.
146 June 13, 2002
Commissioner Teele: The action is going to be deferred. The action of the Commission will be
on the 27th. I think one of the things that has been brought to mind, Mr. Manager, is I'd like very
much to have a presentation, if we can get it from Mr. Garcia over at ITD for the county, both on
the cellular from their experts point of view and on what actions the county has taken because
apparently the county response is more comprehensive than our response and I'm certainly not
too proud, if imitation is the highest form of flattery, I have no problem flattering the county and
adopting whatever rule they have applied. We've been told repeatedly by the Attorney that the
Federal Government has preempted the City in denying the permits, except in under unique
circumstances and that it's a question that they have certain rights to this, now --
Mr. Vilarello: Commissioner, it's not quite that broad, but --
Commissioner Teele: Well, within the context that we can't deny them.
Mr. Vilarello: The federal legislation does not preempt us from appropriate zoning regulations
of these towers. It preempts us from using health risks as a criteria or basis of denial. That is not
an appropriate --
Commissioner Teele: What zone, what areas are these towers permitted in?
Mr. Vilarello: Well, currently I think the zoning administrator can answer that, but what we
have going to the PAB is the moratorium ordinance and that'll come back on the 27th --
Commissioner Teele: But the moratorium isn't going to solve the problem.
Mr. Vilarello: Correct.
Commissioner Teele: The moratorium is designed --
Mr. Vilarello: To provide an opportunity to --
Commissioner Teele: Study the problem and to come up with something. Well, I think we ought
to be very clear --
Vice Chairman Winton: Well, you know what? I'm a little disturbed, Commissioner Teele,
because I don't, I forget the lady's name there that was asking us questions. There's answers
being provided here and information being provided and you're not hearing us. I think it's
important information because it does answer. It goes directly to the heart of your questions in
terms of what action this Commission's taking to address those issues and we all agree 100
percent with the point that you're making about this as a problem, but there are answers here and
I'd like the City Attorney to repeat what he said and for staff to repeat what Commissioner Teele
said in terms of our next steps and the steps we're taking right now.
Mr. Vilarello: In response to your question as well as Commissioner Teele's, the City is the --
the ordinance, which is being considered by the PAB and by then hopefully by the City
147 June 13, 2002
Commission on the 27th is an ordinance that provides for a moratorium, so that the City staff can
look at an appropriate zoning regulations of cellular towers because currently the regulations
don't provide us specific requirements for towers under 150 feet in C-2.
Ms. Gelabert: What we're providing is we're going to create standards for the cell towers, where
we allow them, and that's what we plan to come back to you on the second meeting of July. The
first one, like the Attorney's saying, is coming as a moratorium giving us 45 days for the
planning department to be able to draft new standards for the cell towers.
Vice Chairman Winton: So there can be no permits issued during the moratorium?
Ms. Gelabert: Right, so then we'll be back on July 25th, I understand, for the first reading;
September, second reading, so that's what those 45 days are giving us.
Commissioner Teele: Are we looking at the county ordinance? That was the point that I wanted
to pick up on because there appears to be some satisfaction with the way the county has
addressed this.
Ms. Gelabert: I will look at the one that the county. We have looked at the one at the Gables
and we're looking at the one off Alachua County, but I will certainly follow-up and looks at the
one that the county has.
Vice Chairman Winton: And I remember reading some months ago, it could have been two
years ago for all I remember, but there are certainly municipal governments around the country
that have required the cell phone people to literally hide their towers, so that the tower is built
into something so that you don't know that you got that ugly tower that destroys the esthetics of
the neighborhood, and are we considering those kinds of things as well? We're considering
location, so it's going to be an appropriate location, where are we going to allow those things to
be located?
Ms. Gelabert: And the standards of the esthetics you're referring to.
Ms. Sumner: Commissioner, and maybe we can speak with you privately, but we've gone
through this. There is no way you can hide a 150 foot monopole. Some of them, the smaller ones
they may like clocks and buildings and things like this, but the problem is there is a plethora of
these antennas in our community and they're hurting our children and the City of Miami --
Vice Chairman Winton: Excuse me, that's the point that you didn't listen to the City Attorney
about, and would you repeat the part about the federal regulations.
Ms. Summer: I have that.
Vice Chairman Winton: So I'm not sure what you want us to do about a federal law that says that
we cannot consider health risks in determining the placement of cell towers, so I'm not sure what
you'd like us to do about it.
148 June 13, 2002
Ms. Sumner: We'll be back on this matter. I'm not going to get into debate with you about this
because I've been dealing with for quite a while. Thank you.
Commissioner Teele: Mr. Chairman, I think one of the key things though, and you know it just
is amazing how these issues elude us. The key provision is notice and opportunity to be heard.
Now, constitutional law 100, 101, Mr. Lopez, that's called due process. That's all due process is
two things, notice and an opportunity to be heard. What the public wants is the right to know
about it and to be heard in opposition to it. We can't let you all continue to protect the industry
from us and from the public because at the end of the day, you know what? - The public is on
you and they're on us and, you know what? - The industry's sitting there laughing because they
got away with it. Why not require for all of these permits they have to come to the Commission
for approval or the zoning board for approval or the planning board for approval? At least
provide a provision whereby a director, a nameless, faceless, but wonderful human being called
the director is signing these things and it makes it look like this is done under the cover of
darkness in a stealth operation. Give the public notice and give them an opportunity to be heard
and I think that's one of the biggest problems you got it's this perception that we're sneaking
around doing this stuff, so if it's at the planning board, some board ought to hear these before the
permits are issued. If that's what's going on, it's wrong, because you all continue to say the
director will issue the permits.
Ms. Gelabert: The new standards, Commissioner, will be able to address that right now. What
we have is if it's 100 or less, it does not require a special exception if it's higher than that, it will,
but like I said, that's now, but in the new standards, we certainly take an address that. It would
require -- everything would require a special exception or -- so we can do that.
Commissioner Teele: My view if it's 25 feet or higher in height, then give them a notice. You
know why? Because most of them you're going to find on top of buildings and you know how
tall they are? Those antennas are not that tall on top of buildings, because the buildings are tall.
So what you need to figure out is how tall are the antennas on buildings and make sure that those
don't have to have a public hearing, but those that are out there in these residential
neighborhoods right next to a house, but it's a C-1 next door, that's the one that the public needs
to know about and they need to have an opportunity to come down and say, we don't want it here
and to raise all of the issues that the lawyers will let them raise before it's too late.
Mr. Gimenez: Yes, sir, we'll take the recommendations when we're drawing up the new
legislation.
Mr. Jones: I'm going to close it, Commissioner, one second, is that if the department go in the
direction that you all ordering by looking to see where we can place these things at, but allowing
the community to be a part of the process before it get back to this committee so when we get up
here, both sides we wont have to go through this. Everybody would be pretty much at ease with
it. But I do want to say is that I'm basically here speaking, not because of the harm people
perceive that these things throw off on the radiation, but because of two reasons. They are ugly
and nobody in our community or the community where the cell phone towers is benefit from it.
That's why I'm here, because don't nobody benefit from them in our community, in the
community's where they are. I think they disrespectful for low-income people and to be a low -
149 June 13, 2002
income area when it should be some economic opportunities and they are ugly, that's why I'm
here, so please consider that.
Chairman Regalado: Thank you, Leroy. Here's a map. You can have it.
24. BRIEF COMMENTS CONCERNING UNUSUAL STRUCTURE LOCATED AT 2542
S.W. 25TH AVENUE.
Chairman Regalado: The next item is exactly like this one only instead of being tall, it's long
and let me tell you the residents won't go away.
Commissioner Sanchez: Is this the mystery house?
Chairman Regalado: That is the mystery house. They call it here in the agenda the unusual
structure. I would have said ugly structure. They've done some work. They've taken some of the
tiles, but as promised to the residents, we are hoping to get a report from the Manager regarding
what is going on in terms of code enforcement, in terms of zoning and building, so Mr. Manager,
go ahead, sir.
Carlos A. Gimenez (City Manager): Yes, sir. Hector Lima.
Hector Lima (Director, Building): Hector Lima, Director of Building. Yesterday you did get a
memo from the Manager delivered to your offices. As you directed us, we met with the owners'
representative and we ask them specific legal questions that you had concerns and that I
personally had concerns with also. We reviewed the plans. We went back and found that there
had been a revision issued on the 25th of April that covered the electrical outlets that were
brought forth the last Commission meeting. Those outlets are reflected on the plans as for future
roll down shutters. That is what is on the plans and that is exactly what is installed on the site.
Chairman Regalado: Hector, so what you mean is they can install a shutter?
Mr. Lima: The plans reflect right now electrical for future shutters and those were approved.
Shutters, as far as the building code, yes, they are allowed. I'm not sure exactly it's zoning
regulations.
Chairman Regalado: So by doing that, it will become a garage. If they close the shutter, that will
become a garage, right?
Juan Gonzalez (Zoning Administrator): No, sir, there is no zoning requirement that we cannot
allow them to have hurricane -- Juan Gonzalez, Planning and Zoning -- hurricane shutters. The
use itself cannot become a garage and that was made clear to the owner's representative in our
meeting. Not once, but several times. They agree that this is not to be used at any purpose for
garage purposes and the owner's representatives are here today.
150 June 13, 2002
Chairman Regalado: The owners are here today? Oh, that will be great, but if we can hear from
because we have already heard the residents. If we can hear representatives from the owner
maybe they can shed some light because everybody wants to know what is that for, so --
Mr. Gonzalez: Yes, sir, Mr. George Lott is the attorney.
Chairman Regalado: Who is the person? OK, name and address, sir.
George Lott: George Lott, on behalf of the owner of property Palmetto Bay Corporation. The
address 14851 Southwest 148 Court.
Chairman Regalado: Are you the owner?
Mr. Lott: I am the representative for the corporation, Palmetto Bay Corporation, which is a
foreign corporation, nothing mysterious about it.
Chairman Regalado: Ok, questions, neighbors, Mr. Counsel, they want to know. What is what
you build there? Because personally, I don't know.
Mr. Lott: We bought that vacation home for the owner of the corporation, which he intends to
use in lawful purpose. Plans were submitted, plans were reviewed, plans have been approved
and the structure on the premises has been built in accordance with the plans.
Chairman Regalado: Why do you need nine bays? Is it your intent to have nine garages?
Mr. Lott: Excuse me, Mr. Chairman, that is an interior courtyard that you must be referring to.
That's not a garage area.
Chairman Regalado: It is not a garage?
Mr. Lott: No.
Chairman Regalado: Ok, the neighbors are really concerned. You must understand that they
would fight if that becomes a garage and the reason is because it looks like a garage. It even
smells like a garage, but also some neighbors who are very interested with the quality of life,
they were told that the owner had some antique cars that he was going to keep them there, so you
have to understand that there is some concern in the neighborhood. That is a very beautiful
neighborhood and you have built a very weird structure.
Mr. Lott: Well, Mr. Chairman, I don't know if you recall what was there before this vacation
home, but it was a very old wooden structure and there is no architectural committee for this
neighborhood. What we have built, in our opinion, is a very nice looking vacation home. If that
is not the opinion of other people, well, they have their opinion, we have ours. The fact is our
plans have been approved. We've built was it's shown on the plans. It will be used in a lawful
manner, and that's all we have to say at this point. I have not received the first phone call or the
first piece of correspondence from any neighbor. My name is all over the documents for the
151 June 13, 2002
building of this house. I'm in the phone book. Nobody has called and complained to me, but yet
they've run to complain to this Commission. I'd be happy to speak with any of the neighbors that
want to take the time to call me, but not a single one has ever done that.
Vice Chairman Winton: You could probably turn around and talk to a whole group of them.
Chairman Regalado: And that is a very good offer and you know, Mr. Perez has looked into the
records and he had tried to communicate with your company. Apparently, he has not been
successful but that offer I think it should be taken by the neighbors and in good faith, because if
you do want to be a good neighbor, or your client, these people, the only thing they want is to
have a beautiful neighborhood and I'm sure that you choose that neighborhood for your client
because it's beautiful. It's quiet. It's family. It's residential and they do not want that to be
disturbed, so it will be very nice if you would meet with them and address all of the concerns.
Mr. Lott: I certainly would be happy to do so.
Chairman Regalado: OK, Mr. Manager.
Mr. Gimenez: Mr. Chairman, I think Dennis Wheeler put it better. This isn't a duck yet, but it's
an egg and as soon as it turns into a duck, we'll be there. I hope that it doesn't turn into a duck. I
hope that it stays a beautiful vacation home, but if we have an indication that it is anything but
that, then we will be there.
Chairman Regalado: On the memo, it says that you have plans to take down the fence that you
have now and to place nine iron gates. That's what --
Mr. Lott: Similar in nature to what is all around that neighborhood, Spanish in design, wrought
iron gates that will be surrounded by an arch. So we've --
Vice Chairman Winton: Multiple gates?
Mr. Lott: Yes.
Vice Chairman Winton: Why do you need more than one gate, if this is a patio?
Mr. Lott: This is an interior courtyard, and we would like to have the security that we're entitled
to.
Vice Chairman Winton: For security you only need one gate. Why do you need seven or eight
gates? Are you talking about seven or eight gates?
Mr. Lott: Esthetically, we would prefer to have it in the way that the neighborhood would see
and I think they would be very pleased with it.
Chairman Regalado: Well, I mean --
152 June 13, 2002
Mr. Gimenez: Could I ask a question? Are you saying on the record that your client has no
intention of putting any cars in your interior courtyard?
Mr. Lott: I'm saying that the property will be used as in a lawful manner and as to any future
use, it's entirely speculative and I'm not going to engage in speculation, other than to say that we
plan to follow the law.
Mr. Gimenez: And you understand that if you put any vehicles in that interior courtyard, it is
against our ordinances and our laws?
Mr. Lott: I don't know that. I'm not a zoning Attorney. If you tell me it's so, I presume it's
correct.
Mr. Gimenez: Well, I'm informing you now that it will be a zoning violation, a code violation if
vehicles are stored in that courtyard, so you still want to say it's going to be used in a lawful
manner?
Mr. Lott: Its future use will be lawful.
Chairman Regalado: You've been warned by the City, but I think it's important that you have
offered to meet with the residents because they have many concerns and the fact that they came
here is because they felt frustrated they could not get to the owner of the property and interact
with them because this is a community that really values their houses and I'm sure that they have
some questions that need to be addressed too.
Mr. Lott: I think that they'll find my client to be a very good neighbor that they're happy to live
with.
Chairman Regalado: And we hope that it will. Thank you, sir. Just don't leave just now
because we might want the neighbors to make an appointment with you, but I think we owe to
them now that they're here. You want to, Mr. Perez?
Mr. Lott: I'll be here if they want to talk to me.
Chairman Regalado: Thank you, sir, thank you very much. You want to react to what the
counsel for the property owner has offered to meet with you? Have you tried? He said --
Alex Perez: Alex Perez, property owner, 2654 Southwest 25th Terrace. I have tried myself,
namely one time just tried to reach him and I did not get a call back, but also the gentleman from
the Miami Herald who was also working with us, tried on several occasions to call him. He was
not getting a response either.
Commissioner Sanchez: George, he's handing our business cards. Maybe you want to
(INAUDIBLE) --
Chairman Regalado: Now, he's promising to meet with you, so that's --
153 June 13, 2002
Mr. Perez: That's on the record and we'll be happy to do that.
Chairman Regalado: What -- I mean, just you heard the Commission, what the Manager, what
the building department and the representative of the owner has said. One is your immediate
concern in terms of the residents. You understand that this Commission, all we did was to bring
you in to address your concerns, because we don't approve everyone's house that is built in the
City in Miami. We don't know about those plans and apparently those plans went through. You
heard what the building director has said, but you have a forum. You had it before. You will
have it in the future, because it is the concerns of the neighborhood, but just to give us an idea
what is the concern and I would rather have you speak because we're running short on time.
Mr. Perez: I'll be brief then. Quite basically, we are still concerned that this will eventually
become a garage. A copy of the memo that you just finished giving me, and Mr. Lott just
finished talking to us, that they're going to replace those gates that are there now with wrought
iron gates, we want to make sure, as Mr. Lima has mentioned in the past, that they be
contiguous, that they not open. That would help prevent that from turning into a garage. We're
also concerned that that area out in front of the covered patio is a ramp. Very simply, it's a ramp.
Yes, the pavers were removed but they were replaced with something else, which really didn't
make a difference. Yeah, maybe the grass can poke through, but it's still functioning as a ramp,
so unless that's a solid gate and that ramp is removed, were going to be concerned that that's a
garage. Adding to that now, we're told it's Ok to put in those quote, unquote, "shutters" that
could just as easily be a door. Who's to say that once those shutters are closed, there's not a car
back in there? We're not going to be able to go in there to see if there's a car in there. It could
quite easily be there. The other thing that is of a concern to us as well and this is more towards
the foreign corporation which answers a couple of questions for me, because the corporation was
not registered in the state of Florida from what we can tell from the Sunbiz.org website. Neither
is the fictitious name or a partnership or a corporation, but the other concern that I got is the
Florida Department of Revenue states that a corporation that owns property in the state should
register. They're not registered, so the question is, is that legal? Is that a legal corporation?
Lack of registering, I'm not a lawyer, Mr. Lott will be able to answer some of these --
Chairman Regalado: That will be something for the City Attorney to decide. I think that your
focus and the neighbors is the way it looks.
Mr. Perez: The way it looks and to be honest with you, it concerns us that you can put in those
seven doors, that you can keep that ramp there, simply removing the papers and replacing
something else there, potentially removing those aluminum gates, replacing them with wrought
iron gates that hopefully will not open, will stay closed. The concern is that it will turn into a
garage, quite simply. I mean, you stated it. You've seen the pictures. I got some pictures here of
what the pavers were replaced with --
Chairman Regalado: I went by there twice when they were replacing --
Mr. Perez: And the other thing, they put little palm trees out in front of the opening, which make
it look a little pretty, but it still is what it is.
154 June 13, 2002
Chairman Regalado: OK. Well, you've heard the Manager, you heard the Commissioners. You
heard the staff. Code enforcement will be available and watching, but better yet, you have the
forum, and this is your forum. This is your house, this City Hall is yours because you paid for it
and you have all the right in the world to come and speak. You just need to say we want to be
there, because we need to address some of the concerns that we have. Is it on the 27th? Is it on
the 9th? Whenever we have a Commission meeting, you are invited, because I think that this
Commission has just shown with the cellular tower and with you, that our main responsibility is
to you, to the residents, and we will not hesitate to welcome you. You just email say we have
concerns, you will be in the agenda.
Mr. Perez: I believe that you'll find that the residents as well will be watch dogging and we'll be
all over this. If we see anything that is out of the ordinary that even raises the suspicion of
anyone of us, we'll be here.
Chairman Regalado: I would really ask you that you meet with counsel because you are
reasonable, educated people, and you can address some of these issues, and if something is going
very wrong, you don't have to wait for the Commission meeting. You just call. We'll send the
troops there. Thank you, sir.
Mr. Perez: You got it. Thank you.
25. SCHEDULE SPECIAL COMMISSION MEETING ON JUNE 24, 2002 TO CONSIDER
PROPOSED RESOLUTION TO REVOKE LICENSE AGREEMENT WITH RACEWORKS,
LLC AND AUTHORIZE AGREEMENT FOR RACE/MOTORSPORTS EVENTS IN
DOWNTOWN MIAMI.
DEFER CONSIDERATION OF PROPOSED EXECUTION OF AMENDMENT TO
MEMORANDUM OF UNDERSTANDING WITH RACEWORKS, LLC FOR ISSUANCE OF
PERMIT FOR MOTOR SPORTS RACES IN DOWNTOWN MIAMI IN OCTOBER 2002 TO
SPECIAL COMMISSION MEETING ON JUNE 24, 2002.
Chairman Regalado: Raceworks. We're told that we are ready for items. Alex, do we have a
quorum? What number is it?
Alejandro Vilarello (City Attorney): Yes, sir. 20A and 20B.
Frank Rollason (Assistant City Manager): Frank Rollason, Assistant City Manager for
operations, and I will give you an overview of the first one. On 20A is a new agreement with
Raceworks and calling also for the revocation for the existing agreement in the same action.
Basically, what we're talking about here is that the licensing we'll have the ability, after
notifying the City after the 15 year agreement, to notify us that they want to extend for another
10 years and then we will handle it at that point. It's definitely not automatic. The City will
receive fees based on the use of City property and the same with the park. If the use the park
property, the Park Trust would also receive fees based upon ticket sales. Each year that the
licensee seeks to hold a race, it will need to apply separately for the race permit. The race permit
155 June 13, 2002
if for each event. There's a few additional provisions to restrict the change and control of
ownership of the licensee or the management company. The new agreement acknowledges that
there's an output called Havria Shurg (phonetic) LLC, a Delaware limited liability company, has
the right to acquire an interest in the licensee and it also acknowledges the championship auto
racing teams CART (Championship Auto Racing Team) may be granted a control membership
interest in Raceworks for approximately or at the 60 percent level, and it also acknowledges that
they will also need to receive the approval of the army corps of engineers to go forward with any
of the properties using of the properties that the corps has control over as we do in the previous,
and those are the primary issues. The City Attorney has some issues that are involved on the
more technical side from the legal aspect.
Mr. Vilarello: Mr. Chairman, we became aware of a potential change in ownership of the
subject corporation, so because this agreement is not assignable, at this point it was necessary to
come before you to determine whether or not the City Commission was interested in entering
into this agreement with the new composition of the corporation. The revocable licenses in your
package, there is a substitution of a page, a page 12 of the revocable license, and it simply sets
forth what Mr. Rollason just laid out for you with regard to the ownership issues. The resolution
is one requesting a revocation of existing license agreement and authorization to execute the
resolution that's in your package. I mean the license agreement that is in your package.
Mr. Rollason: Also I want to add that aside from the two entities that may become partners in
this operation, there's also a third one, which is Emerson Fitipaldi at about three percent.
Commissioner Sanchez: So it's basically adding CART and changing the percentage of Emerson
Fitipaldi?
Mr. Rollason: It adds CART and it also adds a limited company, liability company called Havria
Shurg is also a company out of Delaware, a limited liability company.
Chairman Regalado: Ok, anything you want to add?
Lucia Dougherty: I just would like the resolution reflecting the revocation of the existing license
agreement to be effected upon the execution of the new license agreement.
Mr. Vilarello: Mr. Chairman, I have no objection to that change.
Chairman Regalado: Where that should be, on 20B or on 20A?
Mr. Vilarello: It's on 20A. As part of the resolution on 20A.
Mr. Dougherty: 20A, the resolution.
Chairman Regalado: The resolution is revoking, and at the end of the resolution you said that the
license is in place until the Manager executes just to keep it alive right?
Mr. Vilarello: Execute the new revocable license.
156 June 13, 2002
Mr. Rollason: This new agreement.
Mr. Vilarello: Yes, keep it continuous.
Chairman Regalado: Do we have a motion?
Commissioner Sanchez: So move, Mr. Chairman.
Chairman Regalado: It's been moved. Do we have a second?
Vice Chairman Winton: Second.
Chairman Regalado: OK, we have a motion and a second on 20A. Yes, sir, go ahead.
Commissioner Teele: You read into the record a company that I have never heard of before.
Who are the beneficial owners of that company? Shaggy Shag or something?
Mr. Rollason: Havria Shurg.
Commissioner Sanchez: It's not Shaggy.
Commissioner Regalado: Shaggy -Shaggy is a dog.
Ms. Dougherty: It's an investment group out of Delaware, and I think that I wanted to make it
clear that Emerson Fitipaldi is in fact an investor of 3 percent in the company and that was
neglected to be -- we neglected to actually acknowledge that at the last license agreement.
Commissioner Teele: I just need to understand a little bit more of who this investor group is out
of Delaware. Obviously there some investors that we don't want to have an investment interest,
and Mr. Manager have you done a due diligence on this group?
Carlos Gimenez (City Manager): Actually, I personally have not. This has been --
Commissioner Teele: But your staff?
Mr. Rollason: I have not.
Commissioner Sanchez: But one will be done.
Commissioner Teele: But you know, look, are we rubber stamps here, or are we -- look, if there
were an investor out of a country that's 90 miles from here, you'd have everybody jumping up
and down screaming and hollering, OK? But we don't know who the hell -- heck's investing in
this thing and we ought to at least have -- I don't say we ought to start doing FBI (Federal
Bureau of Investigations) crime checks and saliva tests, but at least we ought to know on the
record who the principals are.
157 June 13, 2002
Mr. Rollason: I can't argue with that. I'm hopeful that somebody can bring forward and tell us
who they are.
Commissioner Teele: You know what? I'm not prepared -- I mean, someone is going to certify
to us that's an official of this City that you are satisfied with the honesty and the reputation. I
mean, we are talking about running on the streets of Miami, and it's the same criteria that we
talked about, and I just wish somebody would go back and get the record the transcript of when
we first had this discussion, when I kept saying I just hope Mr. Bermello, Mr. Yanowitz, that
were not going to be dealing with a flip down the road because I'm casting my vote on your
honesty and your reputation and your credibility in this community, and I'm getting less and less
comfortable. If this were strictly CART which has, I would say, $100,000,000 in the bank at
least, there were numbers approaching that three or four months ago when it was read, that's one
thing. That's a publicly traded company. Anybody who wants to know, just go look at their l0k
or their, whatever, but when we start bringing up as it were, and you know not to make Mr.
Knox's point, but I can assure you if this were a minority group, everybody's eyes would be
raising, and the Miami Herald would be running around with spy glasses trying to figure out who
it is and who they're connected to, so let's be fair here. Let's just make sure that what we're
doing is transparent. It's clear that this is not a Castro operative, OK, or a Duvalier operative
since we're in an international city, and that we all know what we're doing here, and I would
hate Mr. Manager, for you got give us something that could embarrass us, because we don't
know if this guy is Robert Vasquez operation. Wasn't he out of Delaware? Weren't his
companies out of Delaware? So we ought to at least know who we're dealing with, at a
minimum.
Ms. Dougherty: Mr. Commissioner, you're absolutely right and let me suggest something. The
first clause acknowledges Emerson Fitipaldi is an investor by three percent. The second clause
authorizes this company to invest -- to loan us actually a million, five hundred thousand. What
we suggest is we include in here that subject to the Manager verifying to you that these people
who are loaning us money are creditable, honest, you know.
Commissioner Teele: Lucia, former City Attorney, if we vote --
Ms. Dougherty: Correct, that you allow this company to loan us $1,500,000, subject to him
verifying the background of the lender. That's what it is.
Mr. Gimenez: I don't want to do that, so I think that I would recommend that you don't do that,
as a matter of fact.
Commissioner Gonzalez: Mr. Chairman, I also feel kind of uncomfortable with this because in
reality nobody has come to me, to my office, to inform me of these changes and what is going on
with this race, so finally who's going to be the promoter that is going to put up this race, and I
was just handed this page, and I'll tell you, I can tell you right now that I'm going to vote no in
this issue. I've been voting constantly with the rest of my colleagues, but in this case, I can't do
that. Nobody has briefed me about whatever is going on with this transaction here, and every
time that we come to discuss these races, some new people come on board and some people
158 June 13, 2002
disappear and some new ones come in. We don't know who they are. We are handed a piece of
paper at the time of doing the voting and I feel very uncomfortable with it.
Mr. Gimenez: Mr. Chairman.
Chairman Regalado: Excuse me, one second. Frank, you did, you brief Commissioner Gonzalez
on this?
Mr. Rollason: No, sir, I did not. I got the word -- in fact, the only one I was able to make contact
with was you that night and that was just the other night. The others, I have not been able to
contact.
Commissioner Gonzalez: I have to add that Mr. Bermello made an attempt to talk to me
yesterday, but apparently he was in kind of a rush and he couldn't wait for me, so I never got to
talk to him or anybody.
Mr. Gimenez: Mr. Chairman, I want to apologize to you, to the Commission. Number one, I was
unaware of -- I was aware of CART -- the CART issue. I was not aware of the other two issues
until 5, 10 minutes ago, so I would like first to defer this item. I also want to put Raceworks on
notice that I'm not going to do this again. It's going to be five days before there are not going to
be any last minute changes. We want the information up front so that the Commissioners have
all the information that they need five days ahead, no changes and that'll be it. That's all I'm
saying.
Commissioner Sanchez: Mr. Chairman, I think the intelligent thing here to do is to defer the
item to the next Commission meeting, the 11th or the 9th. I think we'll change this to the
discretion of this Commission.
Chairman Regalado: The Commission meeting has been --
Commissioner Sanchez: You want to change it to the 27th and maybe the City can do due
diligence on the companies and come back next meeting?
Chairman Regalado: We have, Mr. City Attorney, one is the MSEA (Miami Sports and
Exhibition Authority) meeting.
Ms. Dougherty: That on the 26th
Chairman Regalado: When is the MSEA meeting?
Mr. Vilarello: I have not received notice of the next MSEA meeting.
Commissioner Teele: We then I think the MSEA ought to move there meeting to the 28th. They
ought to let us act first.
159 June 13, 2002
Chairman Regalado: Right, they have to. We have to act first, otherwise there is no sense in
going to the MSEA meeting. That's what I'm asking. There is a special Commission meeting on
the 2e . Do you want to do this on the 24th or do you want to wait for the 27th
Commissioner Teele: The 24th. I want to give them every courtesy. There's going to be a
special meeting. Let's do it on the 2e. That allows MESA to meet on the 26th, but I want to say
on the record, Joe, this is a great event. This event is being totally mismanaged in my judgment
with cutesy moves, and with all of these anticipating cloak and dagger, obviously Mr. Lopez has
got everybody shook up now, and instead of just doing this thing the same way you do anything
else. I don't know why we don't bring CART in here and do the deal with CART. I raised this
question before. Why has this got to be CART? Is CART acquiring what percentage under this,
30?
Mr. Dougherty: 60.
Mr. Rollason: 60.
Ms. Dougherty: That's why we're here. We need hour authorization, before we go do what you
suggest that it --
Commissioner Teele: Then who is Shaggy leg or whoever this firm is out of Delaware? Every
time there's a new nuance to this thing.
Willy Bermello: Commissioner, Willy Bermello, 2601 South Bayshore Drive. Havria Shrug
have been our first investor since last year. It's been on all of our documents before MSEA.
They provided us with a convertible loan that at their option they can convert into a third equity
interest. It's always been our understanding with -- in our dealings with MSEA, that we should
do every effort on our part to raise the necessary capital to lessen the burden that we would have
to come to the City for any kind of handout or subsidy, so they been with us from day one. They
are a major concern, ongoing concern, in terms of their backup.
Commissioner Teele: Why didn't your Attorney know that? Why didn't you come forth and say
that in the very beginning?
Mr. Bermello: We are proud to have Havria Shrug as part of our group, and I'm just like we're
very proud to have CART. We've been working very, very hard, Commissioner. You know how
well the challenges that have been placed before us have been to try to get the race in place.
Commissioner Teele: Excuse me. Is CART the 60 percent owner?
Mr. Bermello: CART will be up to 60 percent owner, and what has been included in your
package as far as the creation of a new license agreement is to allow us to include CART as part
of this license agreement without in anyway violating the spirit of the revocable, non -assignable
license agreement that your City Attorney's staff has so well crafted. We're trying to move
forward and we came here tonight to kind of set straight and I did try to meet with Commissioner
Gonzalez and actually it was not my doing, but the president and CEO (Chief Executive Officer)
160 June 13, 2002
of CART was here since last night and unfortunately had a board meeting that he had to attend
by conference call and he had to go back to the airport and being on a land line at the Admiral's
club. That was our problem and unfortunately we're trying to see everybody. We did out best,
Commissioner Gonzalez, and it would have been my pleasure to spend the necessary time, like I
try to do with everybody in the Commission to bring everybody up to speed.
Commissioner Gonzalez: I recognize and I mentioned that you made the effort to see me, but
unfortunately, we were not able to meet and since we were not able to meet, neither the
administration informed me of any of these new changes. It's kind of -- it concerns me.
Mr. Bermello: Part of the reason is to able to have CART as a --
Chairman Regalado: Excuse me, the only change seems -- is CART, right?
Commissioner Sanchez: No, no, no, no.
Chairman Regalado: He says that the guy has been there from the beginning.
Mr. Bermello: One of the things we are trying to do, Mr. Chairman, is do some housekeeping
clean-up. Emerson Fitipaldi has always been a part of our group from day one. You may recall
the first meeting, Emerson was --
Vice Chairman Winton: Willy, I don't think that anybody's questioning Emerson Fitipaldi.
They're questioning this other whatever this name is and you said that they've been there from
the beginning.
Commissioner Teele: Havria Shrug Limited.
Mr. Gimenez: And I stand corrected. The administration, we did know about that. I signed the
memo. It was stuck in front of my face, and said here, this is what we need to do and I signed it,
and now reading it, yeah, it's been part of it, but we still don't know who they are.
Commissioner Sanchez: Due diligence shouldn't take --
Chairman Regalado: Wait, the Manager just said --
Commissioner Sanchez: It's important that we do due diligence.
Chairman Regalado: The Manager said he signed the memo, but they don't know who they are.
They claim they've been here since day one. You still want to defer this to the 2e , the special
meeting on the 24th9
Commissioner Sanchez: Mr. Chairman, I think the important thing here to do is to defer the item
till the 24th , have the City conduct due diligence on that company which brought eyebrows out
here and just bring it back on the 24th at the Commission meeting and vote on it, whether it's
approved or not.
161 June 13, 2002
Commissioner Teele: Mr. Chairman, I come right back to this. I've read this document three
times. I don't understand why this language is here, Lucia, help me. The management company
has not granted an issue or agreed to grant an issue to any institute, directly or indirectly, any
options warrants other rights, except the management company has agreed to grant to
championship auto racing CART the right to acquire up to 60 percent. Now my question is
simply this why didn't CART just come in here get the 70 percent or 60 percent, make the
financial terms? Just explain to me why everything is so shifty, or let me say it this way. Why
isn't CART taking the 60 percent now, and if CART takes the 60 percent, paragraph Roman
numeral two above it says that the management company, of which 63.67 is on and then it
specifies 33.
Ms. Dougherty: Now that's a cross out. What it's doing is identifying a 3 percent of which is
owned by Emerson Fitipaldi because it's reducing by 3 percent that which was owned by
Ranyanovich (phonetic). It's hard to read because of the cross outs, but it's basically taking 66
and .67 percent and reducing it down to sixty-three point --
Commissioner Teele: Who owns 100 percent of the management company today?
Ms. Dougherty: Yanowitz, Fitipaldi.
Commissioner Teele: Give me the percentages that each one owns.
Ms. Dougherty: Yanowitz is sixty-three and six sevenths percent, Emerson Fitipaldi is three
percent and the rest is Bermello.
Commissioner Teele: What's the rest?
Mr. Rollason: 33 percent. The 63.67, the 33.33 and the 3 percent by Emerson Fitipaldi gives
you 100 percent.
Commissioner Teele: And of that 100 percent, CART has the right to acquire --
Mr. Rollason: Has the right to acquire 60 percent.
Commissioner Teele: And the lender has a $1.5 million promissory note, which has a
convertible clause in it. It's a convertible note, right? And that's to acquire up to it says
3,000,000 shares of class b -- What does that represent in percentage?
Mr. Bermello: It's up to a third -- the lender has no intention of converting.
Commissioner Teele: Mr. Bermello, I don't know what the intentions are and you won't know,
if it's not in writing. What is in writing between -- what does 3,000,000 shares represent?
Mr. Bermello: It equates up to a third.
162 June 13, 2002
Commissioner Teele: So at the end of the day the limited partner or the LLC Delaware could
acquire one/third notwithstanding the 60 percent that CART could acquire?
Mr. Bermello: That's correct.
Commissioner Teele: So at the end of the day, if all options were issued CART could own 60
percent?
Mr. Bermello: Yes, sir.
Commissioner Teele: The limited liability corporation who we don't know who they are right at
this moment, could own 33 percent so what's 60 and 33? 93 percent and at the end of the day,
you and Mr. Yanowitz and Mr. Fitipaldi would own what percent?
Mr. Rollason: Fitipaldi has already got three, so that brings it --
Commissioner Teele: No, that's three now. He ain't been deluded yet. See, when these options
come in — see, that's what I'm saying, we don't even -- we need to go through this thing real
clear and that's my fear, folks, and that's what I told you all from the very beginning. At the end
of the day, I don't want this to be a flip, and you know what, folks? If somebody owns 60
percent and somebody owns 33 percent, the local ownership can't be greater than 7 percent. I
rest my case.
Mr. Bermello: Mr. Teele, I can only tell you what I know.
Commissioner Sanchez: Capitalism at its best.
Mr. Bermello: And what I know is that the convertible loan will not be converted. The language
was put before you because it was the actual language that appears in the legal document, but I
think the intent is important, and the intent is that there will be no conversion, because these two
entities will not be in the same room trying to do the same thing. They'll be only one majority
partner here, which will be CART and CART in effect when they come in, they will be paying
off the loan of Havria Shrug, but in the loan agreement with Havria Shrug, they do have the
option to convert. What I can tell you here in public record that it was not their intention. They
will not convert. They will, in fact, be paid off by the 60 percent acquisition from CART. We're
very happy that CART has made that commitment to come to Miami. You ask the question why
the delay? CART sees the MSEA loan as a symbolic gesture of the support of the City of Miami.
It's a $2,000,000 loan.
Commissioner Teele: $2,000,000 is reduced now to a gesture, a symbolic gesture?
Mr. Bermello: It's a loan. It's a major statement to CART and to the shareholders.
Commissioner Teele: I think that's a much better characterization than a symbolic statement.
163 June 13, 2002
Mr. Bermello: It makes a statement to the shareholders of the commitment that this City has had
to this race and will have and that's what they have asked.
Commissioner Teele: So you, sir, are saying on the record that neither CART nor the limited
liability corporation will exercise that option for 30 percent?
Mr. Bermello: No, CART will exercise their intent.
Commissioner Teele: They've got 60 percent. That's on the record. We're talking about that 33
percent.
Mr. Bermello: They will not. It is their intent to have their loan a $1,500,000, which is in place -
- those are monies basically their racing circuit is built. Those monies have been used for capital
improvements. They will be paid off as soon as CART --
Commissioner Teele: And CART will not assume that loan, is what I'm saying?
Mr. Bermello: They will pay it off, yes, sir.
Commissioner Teele: I hope so, for the sake of the local partners, which is yourself.
Mr. Bermello: We personally guaranteed that loan so we have a high interest in CART coming
in and obviously paying off that loan very quickly.
Chairman Regalado: OK. Just a note on the 24th, there is a special City Commission meeting,
5:30 p.m. Then we have a CRA meeting, and that night the City Commissioners and the Mayor
are invited and hopefully we will all attend to a meeting and dinner with the members of the
cabinet of the state of Florida. We will be holding their cabinet meeting here in this chamber the
next day on the 25th , so the purpose of the cabinet that the state of Florida to have their meeting
outside of Tallahassee is to interact with the important cities and they have chosen the City of
Miami and we have to thank Carlos McDonald and for that -- Carlos McDonald for his diligence.
Vice Chairman Winton: Is the Governor going to reinstate the $5,000,000 from the
Empowerment Zone Trust that he vetoed?
Chairman Regalado: Or the $100,000 for the Book Fair, or the $50,000 for the 2506 Brigade.
No, but seriously, what I'm saying is that it's going to be a very tight schedule and what I was
thinking is that we can start the meeting, do what we have to do in the City Commission meeting,
go and meet the cabinet, have dinner if you all want, and come back and finish with the CRA
(Community Redevelopment Agency) meeting, if that's OK with you, because the dinner is
scheduled 7 o'clock in Brickell, so what I'm saying is, that we will need to be here 5:30 sharp,
because that the time that it was advertised for.
Commissioner Teele: No, Mr. Chairman. We make a motion right now to be here at 4:45. We
can call a special Commission meeting on just this item. That would solve your time problem.
164 June 13, 2002
Chairman Regalado: I think that that would help. We can do it at 5 o'clock.
Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. The CRA is scheduled to start at
5.
Commissioner Teele: All right, so 4:45. Mr. Chairman, I would move that the matter be -- well,
you made the motion. I would request that the, you make the time for the deferral to be 4:45 on
Monday, the 24th, at City Hall.
Commissioner Sanchez: 4:45, Monday, the 24th, at City Hall.
Mr. Vilarello: You are calling a special meeting at that time.
Commissioner Teele: On this item.
Vice Chairman Winton: Second.
Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes. Thank you.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-662
A MOTION TO SCHEDULE A SPECIAL COMMISSION MEETING ON
JUNE 24, 2002 AT 4:45 P.M. TO CONSIDER PROPOSED RESOLUTION TO
REVOKE THE LICENSE AGREEMENT WITH RACEWORKS, LLC AND
AUTHORIZE AGREEMENT FOR RACE/MOTORSPORTS EVENTS IN
DOWNTOWN MIAMI.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted
by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
165 June 13, 2002
Chairman Regalado: Can we take start with a regular --
Mr. Rollason: Mr. Chairman, is that 20B also were going to go ahead and defer?
Chairman Regalado: Oh, yes, 20A and 20B are being deferred for --
Mr. Rollason: It's a separate item. I wanted to --
Commissioner Teele: Why don't we do it? Is it a related item? Why don't we move that the
item be deferred to Monday at 4:45 as a part of the special Commission meeting. So moved.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-663
A MOTION TO DEFER CONSIDERATION OF PROPOSED EXECUTION OF
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH
RACEWORKS, LLC FOR THE ISSUANCE OF A PERMIT FOR MOTOR
SPORTS RACES IN DOWNTOWN MIAMI IN OCTOBER 2002 TO THE
SPECIAL COMMISSION MEETING ON JUNE 24, 2002 AT 4:45 P.M.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman. Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
Mr. Rollason: Also I'd like to put on the record that while the Manager signed the memo, I'm
the culprit that stuck it under his nose at a late hour, and I'll take responsibility for that.
Chairman Regalado: OK.
166 June 13, 2002
26. AUTHORIZE FUNDING FROM LAW ENFORCEMENT TRUST FUND (LETF),
$520,000, FOR TWENTY-EIGHT EDUCATIONAL, RECREATIONAL AND
DEVELOPMENTAL YOUTH PROGRAMS, $20,000 HAS BEEN DESIGNATED FOR
FUNDING REQUESTS RECEIVED WHICH MEETS ELIGIBILITY CRITERIA; ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Winton: Mr. Chairman, there's a young lady in the audience that's pointing at
me and asking if we can do item 20. I don't know if you all want to do that or not.
Chairman Regalado: Item, what, 20? Sure, the law enforcement trust fund. Let's do that,
regular 20. Just --
Commissioner Sanchez: I didn't have people apply, so I can't make an argument.
Commissioner Regalado: I am not complaining. I am not voting against but just for the record so
and I do want to look like a victim here: 28 programs were approved; one is located in District 4,
and that does not serve the residents of District 4.
Commissioner Sanchez: But how many in your district applied?
Noel A. Rojas: Commissioner, Assistant Chief Noel A. Rojas, Police Department. We sent out
117 letters. 72 applied we interviewed 69. In reference to what Chairman Regalado is saying,
one of them has an address in District 4, but there's others whose address in other locations in
the City that do provide services to District 4, Commissioner.
Chairman Regalado: Oh, I know that, but I'm just for the record saying that, so go ahead let's do
item 20. Mr. Manager, go ahead.
Assistant Chief Rojas: Twenty-eight programs were approved for funding, and are there any
questions, Commissioners?
Vice Chairman Winton: I think the way to get through this a quickly as we can, somebody's got
problems with it, we need to get them up and otherwise let's move on.
Commissioner Sanchez: Mr. Chairman, last year I made an argument and it was that my district
didn't get what I thought it should get but you know what? This year, even though we called
them to our office and we offered to help them fill the applications, they didn't, so I can't make
an argument for them. If you didn't apply, you didn't qualify.
Commissioner Teele: Move.
Vice Chairman Winton: Second.
Commissioner Sanchez: Second.
167 June 13, 2002
Carlos Gimenez (City Manager): Mr. Chairman, one thing we will do next year is, as the
applications go out, we will hold a seminar for all interested parties to -- so that they will know
how to do the applications. We understand your point that there may be some community groups
that aren't as well versed in the application process as others and it puts them at a competitive
disadvantage. We will hold a seminar to try to equalize that next year.
Chairman Regalado: OK.
Commissioner Teele: Mr. Chairman, I just would encourage the police to continue to work with
our Parks Department. One of the tragedies of what the City has done over the years is if you
don't have an advocate and you don't have somebody down here fighting for you and lobbying
for you, you tend to get pushed back. I see more and more evidence that that is no longer the
case, but I really think one of the ways to deal with all of the disparity is to identify a parks
program in each of the five districts of the City and we ought to put in -- and that way there can
be no argument that the entire City is not being assertive. We ought to challenge our own Parks
Department, but again I think we need to get more bang for our buck, leverage our own
resources better, and try to figure our way even inviting the Parks Department to bring in
partners to be a cosponsor with them of various activities, but I think it's no reason why each
district in this City doesn't receive at least 30 to 40 to $50,000 in real crime fighting activity. I
think there ought to be a level for which we should seek to ensure, and the best way to do that in
my suggestion would be to select at least one park in each district and challenge the park director
right now to begin to identify organizations that can work with them for legitimate crime fighting
crime education kind of programs particularly in the summer, so I'm in support of the program,
but I think we just got to continue to refine it and work with our Parks Department.
Chairman Regalado: And I'm not against that. I'm not complaining I'm just saying for the record,
you know sometimes Commissioners do complain and rightly so, of lack of support from
different agencies of the City, but I really believe that most -- I know at least 18 of the 28
programs that were funded and I really think that they are doing an extraordinary work for the
residents and the kids and the children, so I fully support the program.
Vice Chairman Winton: Call the question.
Chairman Regalado: What I think the process should be, and I really agree with Commissioner
Teele, that the Parks Department should be more involved in getting that money, so all in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
168 June 13, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-664
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AUTHORIZING FUNDING FROM THE LAW
ENFORCEMENT TRUST FUND (LETF"), IN AN AGGREGATE AMOUNT
NOT TO EXCEED $500,000 FOR TWENTY-EIGHT EDUCATIONAL,
RECREATIONAL AND DEVELOPMENTAL YOUTH PROGRAMS, AS
MORE PARTICULARLY SPECIFIED AND APPORTIONED HEREIN, WITH
ADDITIONAL FUNDING IN AN AMOUNT NOT TO EXCEED $20,000 FOR
OTHER FUNDING REQUESTS RECEIVED THROUGHOUT THE YEAR,
WHICH MEET THE FUNDING ELEGIBILITY CRITERIA FOR TOTAL
FUNDING IN THE AMOUNT OF $520,000; ALLOCATING FUNDS FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE
AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2001).
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted
by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
27. DEFER CONSIDERATION OF PROPOSED ORDINANCE TO CHANGE MEMBERSHIP
COMPOSITION OF MIAMI SPORTS AND EXHIBITION AUTHORITY.
Chairman Regalado: We have still all the Commissioner Teele's blue pages items, and not too
many, but we do have -- I still have one item that we need to address in my page, so
Commissioner Teele you want to do your items and then we'll proceed to the regular agenda
after I've done mine.
Commissioner Teele: Mr. Chairman, the first one is -- actually, we got all those folks back there,
the professionals, who have these questions that were deferred on the redevelopment stuff, and I
really wish we could clarify and clear those architect and engineering contracts, so if Mr. Calas
and Ms. Lewis and those folks, would you read the first item, Mr. Attorney? I would move to
defer item A.
Commissioner Sanchez: Second.
169 June 13, 2002
Commissioner Teele: "A" would be the one on MSEA (Miami Sports & Exhibition Authority).
Chairman Regalado: OK, we have a motion to defer, and it's seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02- 665
A MOTION TO DEFER CONSIDERATION OF PROPOSED ORDINANCE
ON SECOND READING TO CHANGE THE MEMBERSHIP COMPOSITION
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by
the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman. Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
28. APPROVE SCHEDULING OF WORKSHOP ON JULY 22, 2002, RELATED TO POLICE
DEPARTMENT OPERATIONS.
Commissioner Teele: Regarding the police workshop the Manager's done a memo on it. Mr.
Manager, the only thing that I would recommend on the police workshop is you've given us a
date and time. I recommend that we have that at the Knight Center. I think that informal process
works a little bit better than the formal process, but again, I'll yield to Vice Chairman Winton
and Commissioner Gonzalez who had the most concerns on this issue, but I think it will be much
warmer and fuzzier if it were at the Knight Center, and less "us, up here" and "they, down there."
Carlos A. Gimenez (City Manager): Yes, sir, we'll be happy to move it to the Knight Center, if
you want to.
Commissioner Gonzalez: Commissioner Teele, my only concern is having --
Commissioner Teele: What was the date, Mr. Attorney -- I'm sorry -- what was the date, Mr.
Manager, that you all recommended? You did in writing.
170 June 13, 2002
Mr. Gimenez: July 22nd, 2 to 5 pm.
Commissioner Gonzalez: My only concern in having this the Knight Center and any other place
is that this will not be televised, and the residents of the City of Miami will not be informed of
what we're doing on their behalf. I don't know if you read the Herald, and you can now read the
Herald in Spanish. Today we have another article in reference to some problem with the police
department and I believe and I'm only one vote here but I believe that this should be done in the
chambers, or we do this somewhere else, make sure it gets televised.
Commissioner Teele: Commissioner Gonzalez, if you want it televised, then I withdraw it and I
would move the date and time as recommended by the Manager, 2 p.m. in the chambers on
Monday, July 22nd from 2 to 5. So moved.
Commissioner Sanchez: Second.
Commissioner Gonzalez: Thank you.
Commissioner Teele: The reason I wanted to do it I didn't want it televised because I do think
there may be a more open conversation if it's not televised. I think, if it's televised, we really
have to be careful what we say.
Chairman Regalado: But let me tell you something. That would be -- Mr. City Attorney, is that a
public meeting?
Alejandro Vilarello (City Attorney): Yes.
Chairman Regalado: It is a public hearing, so press can attend? I would promise you that if we
do it at the Knight Center there will be at least 10 cameras, and out of those cameras from every
station you will get a minute and a half of story. Every reporter will interpret the hearing the
way he or she believes and you will see the headlines in the morning paper the next day, so
might as well do it live and in color.
Commissioner Teele: Well we're going to do it that way, but from my vantage point, if the
police had one real problem, like the Fire Department, they overcommit when they come down
here. When people watch the television and they see seven Assistant Chiefs or whatever the
ranks, are majors, colonels, generals, sergeants, and then they think about the phone call they
made a week ago and nobody came for whatever period of time, they say that's why we can't get
service and I really think it will be much better to the public if we were sitting around a table,
Tomas, talking as equals to the extent we're all trying to get to the bottom of some things. I
think us sitting up here, it'll be 11 people down there. We try to respond to questions and I just
think it sends the wrong message and that was my concern, but let's do it this way and lets ask
the chief not to have a field force of brass with him as he comes down and I do think we should
acknowledge --
Chairman Regalado: Commissioner Gonzalez mentioned today's article in "El Nuevo Herald,"
and today's article address some concerns that some police officers have about false arrests and
171 June 13, 2002
raising the numbers and all that, according to internal memos. I would suggest that this is one of
the issues that we have to address and I would also suggest that the Chief be instructed by the
Manager to oppose invitations on the roll call for any police officer that wants to come and make
a statement before the City Commission and that police officer, whoever he or she is, will be
protected. No action will be taken against him or her if they want to address the Commission on
some of this matter, because you know, I keep getting those memos, and someone is writing
those memos from the Police Department and I think it's unfair that if we do a forum and we do
not hear from people that are willing to communicate to the elected officials their concerns. I
think, Mr. Manager, that you hopefully you will tell the chief to invite any police officer that
wants to address any issues from quality of work problems. After all, this is a workshop and we
will be able to, from there, take some actions in the budget process.
Mr. Gimenez: Yes, sir, already done.
Commissioner Teele: Mr. Chairman, I would call the question. The meeting will be held at City
hall. Call the question. We have a motion.
Mr. Gimenez: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
RESOLUTION NO. 02-666
A RESOLUTION APPROVING THE SCHEDULING OF A WORKSHOP ON
JULY 22, 2002, 2:00 PM, RELATED TO POLICE DEPARTMENT
OPERATIONS.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: Vice Chairman Johnny L. Winton
Commissioner Teele: The Manager, I think -- you've asked me to defer Number C, Mr.
Manager?
Mr. Gimenez: Yes, sir, I'd like to come back and speak to you to see if we can come up with a
little bit different policy.
172 June 13, 2002
Commissioner Teele: And Item Number D, would you read it into the record, Madam Attorney,
the ordinance?
Chairman Regalado: You want to move this?
Commissioner Gonzalez: Which one are we deferring, C?
29. FIRST READING ORDINANCE: AMEND SECTIONS 12.5-26, 12.5-27, 12.5-29, 12.5-31,
AND 12.5-32 AND BY ADD NEW SECTIONS 12.5-33 AND 12.5-36 OF CITY CODE,
ENTITLED "COMMUNITY REVITALIZATION, COMMUNITY REVITALIZATION
DISTRICTS, MODEL CITY HOMEOWNERSHIP TRUST" TO: (A) CHANGE NAME TO
MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST; (B) EXPAND
TRUST'S BOUNDARIES; (C) EXPAND TRUST'S POWERS AND DUTIES; (D) PROVIDE
FOR APPOINTMENT OF TRUST PRESIDENT/CHIEF EXECUTIVE OFFICER; AND (E)
PROVIDE FOR TRANSITION OF PRESIDENT/CHIEF EXECUTIVE OFFICER AND
TRANSITIONAL PROCEDURES FOR CERTAIN OPERATIONAL AND BUDGET
FUNCTIONS.
Chairman Regalado: C has been deferred. You want to move D?
Commissioner Teele: Motion for the first reading
Commissioner Gonzalez: Second.
Chairman Regalado: OK, we have a second. Read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 12.5, ARTICLE I, DIVISION 2, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "COMMUNITY
REVITALIZATION, COMMUNITY REVITALIZATION DISTRICTS,
MODEL CITY HOMEOWNERSHIP TRUST" TO: (A) CHANGE THE NAME
OF THE TRUST TO MODEL CITY COMMUNITY REVITALIZATION
DISTRICT TRUST; (B) EXPAND THE BOUNDARIES OF THE MODEL
CITY REVITALIZATION DISTRICT; (C) EXPAND THE TRUST'S POWERS
AND DUTIES; (D) PROVIDE FOR THE APPOINTMENT OF THE TRUST
PRESIDENT/CHIEF EXECUTIVE OFFICER; AND (E) PROVIDE FOR
TRANSITION OF PRESIDENT/CHIEF EXECUTIVE OFFICER AND
TRANSITIONAL PROCEDURES FOR CERTAIN OPERATIONAL AND
BUDGET FUNCTIONS; MORE PARTICULARLY BY AMENDING
SECTIONS 12.5-26, 12.5-27, 12.5-29, 12.5-31, AND 12.5-32 AND BY
ADDING NEW SECTIONS 12.5-33 AND 12.5-36 TO THE CODE;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
173 June 13, 2002
was introduced by Commissioner Teele, seconded by Commissioner Gonzalez, and was passed
on first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman Johnny L. Winton
The ordinance was read by title into the public record by the City Attorney.
30. CONFIRM MRS. WILLIE PEARLE PORTER AS PUBLIC ADVOCATE FOR MODEL
CITY COMMUNITY REVITALIZATION DISTRICT.
Commissioner Teele: Mr. Chairman, let me ask two things. First, the City did a wonderful job
and I think for those that are looking for real criticism, I'm sorry Vice Chairman Winton isn't
here, and to keep the professionals from the urban land institute came in and I would ask that
each Commissioner be given a videotape of their presentations. They critiqued the
homeownership zone and they had some very good critique. One of the things that they
recommended is that we eliminate the designation of neighborhood homeownership zones and
not establish two and three bureaucracies. That we have one homeownership zone and that all
seven of these revitalization areas feed into it. I'm not recommending it. I'm only putting it on
the table. The point though is I intent to come back, Mr. Attorney, and to try to get the Manager
to give us a recommendation on all of the recommendations that those people came in from
around the country, professionals, and gave us their input on and to implement it, particularly
and that they were reviewing the Model City Homeownership Trust. It would be my intent to
drop the name in the near future of Model City Homeownership Trust and to call it a Miami
Homeownership trust, not to the exclusion, if you want to have the Allapattah, that'll be fine, but
all of the ones that are in the district that I am in will try to fold within the recommendations and
do away with the necessity of having an Overtown Homeownership Zone Trust, when you get
around to and that, they also recommended, and I think we've been very careful -- the Manager, I
should say has been very careful. I think that if you look at the five names that have been
proffered to date of the board of directors, I think they would be representative of a citywide
process. I think that is one of the criticisms, concerns that many of the neighborhoods have in
Model City is that the trust does not really look like a local Model City homeownership trust, but
that's not the intent of it. The intent is to get the best, brightest professionals that has done this,
and so it is diverse.
Alejandro Vilarello (City Attorney): Commissioner you keep referring to Homeownership Trust.
Remember, we are trying to get away --
Commissioner Teele: It's revitalization district.
174 June 13, 2002
Mr. Vilarello: Exactly.
Commissioner Teele: So today I would like to proffer the name of a person who is
approximately, I won't give her age, but one of the main concerns that the underwriter, that the
professionals have, is this creeping of taxes, that's going to get older people and people on fixed
incomes out of their home, because the taxes are going to increase. There's a lot of concern
about that. Vice Chairman Winton talked about that this morning in a different context. One of
the good things about revitalization is you bring in new property values. One of the bad things is
that the people that are there, the old families, the families that are on fixed income, could very
well get tax creeped out of their homes, so I would right like to recommend the widow of Dr.
Gilbert Porter, who has a school named for him. He was the president of the state teachers
association, the black teachers association for many years. He served as the assistant deputy
superintendent of Dade county schools for many years. His widow, Ms. Willie Pearle Porter,
who lives in the neighborhood and lives in the community is well above the age of -- well, it's
certainly a respected senior and I would like to offer Mrs. Porter as the initial public advocate,
primarily for the purpose of protecting people on fixed income and insuring the policies that we
go about, don't creep people out of their homes, and I would move -- and that is item number F
on the blue pages, the resolution confirming the public advocate. That is the one person that I can
name to the Model City Revitalization District, and I would move Mrs. Porter.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded all in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-667
A RESOLUTION OF THE MIAMI CITY COMMISSION SELECTING,
APPOINTING AND CONFIRMING MRS. WILLIE PEARLE PORTER AS
THE PUBLIC ADVOCATE FOR THE MODEL CITY COMMUNITY
REVITALIZATION DISTRICT.
175 June 13, 2002
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: And on the point there is an initial meeting in which people panelist from
Atlanta, Charlotte and all over the country. Congresswoman Meek will be meeting tomorrow.
You all have invitations, but we certainly like to encourage the community development staff
and other planning and other staff, all day tomorrow from 8 a.m. I understand the Chairman and
the Mayor will be speaking in the morning at the Knight Center where the initial workshop will
be taking place with the Manager.
31. INSTRUCT MANAGER AND APPROPRIATE CITY DEPARTMENTS TO CONDUCT
MINI SUMMIT IN JULY 2002, AND PREPARE PUBLIC NOTICES ON REVITALIZATION
OF 7TH AVENUE AND MARTIN LUTHER KING BOULEVARD (N.W. 62ND STREET);
MANAGER TO COOPERATE WITH OFFICE OF CONGRESSWOMAN CARRIE MEEK,
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), MIAMI DADE COUNTY
PUBLIC WORKS DEPARTMENT, MIAMI DADE COUNTY TRANSIT AGENCY, OFFICE
OF MIAMI DADE COUNTY COMMISSIONER CAREY-SHULER, MODEL CITY TRUST,
TO FACILITATE COORDINATION OF SAID MINI -SUMMIT.
Commissioner Teele: The other item is item number E and that is the resolution requesting that
the Manager and the appropriate departments conduct a mini summit in July of 2002 and prepare
the necessary notices on the revitalization of 7th Avenue and 62nd MLK (Martin Luther King)
Boulevard and further instructing the Manager to fully cooperate with the offices of
Congresswoman Meek, the Florida department transportation, Miami -Dade Public Works,
Miami -Dade Transit, the offices of Commissioner Carey -Schuler, the Model City Revitalization
Trust and the various departments, specifically the planning, to facilitate the mini summit
regarding the transportation corridor along Northwest 7th Avenue for someday in July that is
convenient for the Congresswoman. I would so move.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
176 June 13, 2002
RESOLUTION NO. 02-668
A RESOLUTION OF THE MIAMI CITY COMMISSION INSTRUCTING THE
CITY MANAGER AND THE APPROPRIATE CITY DEPARTMENTS TO
CONDUCT A MINI SUMMIT IN JULY 2002, AND TO PREPARE THE
NECESSARY PUBLIC NOTICES ON THE REVITALIZATION OF 7TH
AVENUE AND MARTIN LUTHER KING BOULEVARD (N.W. 62ND
STREET); FURTHER INSTRUCTING THE CITY MANAGER TO FULLY
COOPERATE WITH THE OFFICE OF CONGRESSWOMAN CARRIE
MEEK, FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), MIAMI
DADE COUNTY PUBLIC WORKS DEPARTMENT, MIAMI DADE
COUNTY TRANSIT AGENCY, THE OFFICE OF MIAMI DADE COUNTY
COMMISSIONER CAREY-SHULER, MODEL CITY TRUST, AND, TO
FACILITATE COORDINATION OF SAID MINI -SUMMIT.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
32. AUTHORIZE MANAGER TO PROVIDE IN-KIND GRANT TO FLORAL PARK
HOMEOWNERSHIPS ASSOCIATION, $7,000, FOR FIRST ANNUAL NEIGHBORHOOD
CLEANUP EVENT SCHEDULED TO TAKE PLACE ON SATURDAY, JUNE 15, 2002 FOR
SERVICES TO BE PROVIDED BY CITY'S DEPARTMENTS OF SOLID WASTE, AND
PARKS; AND REQUEST MAYOR'S "CLEAN-UP TEAM" PARTICIPATE IN SAID EVENT.
Commissioner Teele: Mr. Chairman, we are very proud of the fact that there is a Floral Park
homeownership which really is west of 17th Avenue and it's largely unincorporated Dade
County, and as you know Mr. Ralph Packingham, the late Mr. Packingham, who we will honor
at a later date in the Commission, his memory and his family, was the president of that. They
have their first annual neighborhood clean-up on this coming Saturday, June 15th . We are
requesting that in-kind and grant support to the homeownership zone for their clean-up. That's
Public Works, I mean solid waste and Public Works providing trucks and showmobiles, not to
exceed $7,000 for the first neighborhood and further requesting that the City provide support for
the refreshments for the lunch activity. So moved.
177 June 13, 2002
Vice Chairman Winton: Second.
Chairman Regalado: It's been moved and seconded.
Commissioner Sanchez: Wait. They want hot dogs too?
Commissioner Teele: Yes, hot dogs.
Commissioner Sanchez: City Manager, serve them hot dogs.
Chairman Regalado: Moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-669
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO PROVIDE AN IN-KIND GRANT TO FLORAL PARK
HOMEOWNERSHIPS ASSOCIATION IN AN AMOUNT NOT TO EXCEED
$7,000 FOR THEIR FIRST ANNUAL NEIGHBORHOOD CLEANUP EVENT
SCHEDULED TO TAKE PLACE ON SATURDAY, JUNE 15, 2002 FOR
SERVICES TO BE PROVIDED BY THE CITY OF MIAMI DEPARTMENTS
OF SOLID WASTE, AND PARKS; AND FURTHER REQUESTING THE
MAYOR'S "CLEAN-UP TEAM" PARTICIPATE IN SAID EVENT.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
178 June 13, 2002
33. AGENDA ITEM D -5-J -- DISCUSSION CONCERNING ANNEXATION OF
VARIOUS COMMUNITIES WHICH BORDER THE CITY OF MIAMI, IN ORDER THAT
THE CITY MAY EXPAND ITS BOUNDARIES.
REQUEST CITY ATTORNEY AND CITY MANAGER TO CREATE A NINE -
MEMBER BOUNDARIES COMMISSION.
DESIGNATE MAYOR AS EX -OFFICIO CO-CHAIR OF BOUNDARIES
COMMISSION.
DESIGNATE COMMISSIONER GONZALEZ AS CHAIRMAN OF BOUNDARIES
COMMISSION.
Commissioner Teele: And this relates directly to Number J, and I'm prepared to move this, but
Commissioner Gonzalez, I don't know if the Mayor has talked to you, but the Mayor strongly
supports -- and I think the majority of the Commission is supporting that we begin to look at our
boundaries. One of the opportunities of the Floral Park Homeownership is that it goes all the
way over to what is called Brownsville, et cetera. This City needs to begin a deliberate process
to look at our boundaries, and we're requesting that the Manager come back and recommend a
Boundaries Commission, appointing one person, and the Mayor making appointments, and
primarily asking a Commissioner. I would like to come back with this formally, but I will say
this: I think if -- Commissioner Gonzalez, if you would consider taking the lead in this for all of
us. It really is going to affect your district as much as any other district, and Commissioner
Regalado's. The whole idea here is if we look at boundaries, we don't want to change the
dominant voter age population by more than three percent, plus or minus. We don't want
anybody to say, well, they're changing the ethnicity. Obviously, there's going to be a real
problem with Anglo vote, I think, in terms of just -- we're sort of maxed out. We're right up to
El Portal in one area, and I don't know how much farther north we can go without bumping up.
But to the west -- two blocks, is it?
Vice Chairman Winton: Two or three unincorporated blocks between us and Miami Shores on
the east.
Commissioner Teele: And then we've got the hole in the donut in Coral Gables here, and then
Commissioner Regalado has got a lot of area, but we all recognize, just from things like Work
Force Development, if you are a City of 500,000, the formulas change. The ability to impact
decisions change, and I'm not saying our goal should be to be 500,000 people, but our goal
should be to give adjacent residents the opportunity to opt in, and if you would agree to look at
this -- I don't want to move this today, but --
Commissioner Gonzalez: No, you can go ahead. You can go ahead and move it.
Commissioner Teele: I can go ahead and move it?
Commissioner Gonzalez: Because I read it and I agree with you.
Commissioner Sanchez: Well, for discussion.
179 June 13, 2002
Commissioner Teele: Well, what I would like to do --
Commissioner Sanchez: Well, there will be a motion and a second. I want to discuss this.
Commissioner Teele: -- is move Item "J," which is a resolution of the City Commission
requesting that the City Attorney and Manager create a nine -member Boundaries Commission
with each of the five Commissioners appointing one person, with the Mayor making three
appointments; further requesting that the Mayor make his appointments primarily for the purpose
of gender and ethnic balance; and further requesting that the Boundaries Commission submit an
initial report within 90 days; further requesting that the City Attorney provide principal staff and
the City Manager and Clerk provide -- it says "recreational staff," but that should be
"administrative and support staff"; authorizing the use of consultants, and experts, up to thirty
thousand dollars from the City Attorney's budget; and further requiring that the boundaries
change -- the resulting change, as a whole, not increase or decrease the dominant voter age
population by more than three percent; and further instructing that the City Attorney -- that all
necessary efforts be taken to carry out and ensure a vote in the November elections; and further
authorizing the Boundary Commission to appear before the County Commission in -- and in
coordination with the City Commission, to represent the Boundaries Commission, and I would
also ask that the Mayor be designated as the ex -officio co-chair of the Boundaries Commission
to be present and voting whenever he is present.
Commissioner Gonzalez: Second, for discussion.
Chairman Regalado: OK. It's been moved and seconded for discussion. Commissioner
Sanchez wanted to --
Commissioner Sanchez: Mr. Chairman I just -- for point of clarification, is this going to be
pertaining to redistricting or annexation?
Chairman Regalado: Annexation.
Commissioner Teele: Strictly annexation, and that's one of the sort of things where two ships
are passing in the night. We have a requirement, as the Mayor pointed out today, to be in
compliance by -- I guess by September.
Commissioner Sanchez: July something, right?
Commissioner Teele: You know, and we're going to do that.
Commissioner Gonzalez: September.
Commissioner Teele: The boundaries very well could change all of that, but we've got to move
forward and see how we do this. Obviously, it would be my request that the Boundaries
Commission chair be Commissioner Gonzalez, and I think he has a unique -- I have to say this.
The relationship that he had with the late Ralph Packingham and other members of the
community that I'm very pleased to represent, was so very special. You even -- I take this time
180 June 13, 2002
to express my appreciation on behalf of the community for you taking time to be there, but,
Angel, I really think that this kind of Commission will give you the opportunity to see the rest of
the City, and it will also give an opportunity for the City to see you in the way you are, because
these whole issues that are being raised now don't reflect the real man and the real
Commissioner, and I appreciate the way you are handling this.
Commissioner Gonzalez: Thank you, Commissioner Teele. It would be my honor to, if the
Commission so desires.
Commissioner Sanchez: Call the question.
Chairman Regalado: And let me say, to expedite your work, there are some areas that are natural
that will not alter the balance. We're talking Little Gables, which is mainly Hispanic, same as
the people that live in District 4. We have Melrose, which is mainly Hispanic, the same kind of
residents that live across 27th Avenue on Commissioner Gonzalez' district. And Model City,
Model City and Floral Park, it's the same residents that live there, but my question to the City
Attorney is: Who votes? I understand that the residents have to vote, but suppose that we are
faced with the Melrose scenario. It's a mixed area. Residents, but also owners with business. A
lot of business and warehouses there. My question is: Who votes? The tenant or the business
owner?
Mr. Vilarello: (Inaudible) the residents --
Chairman Regalado: No, no, I know that the residents do. So if the business or the tenant --
Commissioner Teele: They don't get no vote.
Chairman Regalado: They don't get no vote.
Commissioner Teele: Only registered voters.
Vice Chairman Winton: Registered voters.
Chairman Regalado: Only registered voters. That is important. You know why? You know
why it's important? Because the residents are going to go for it. The property owners are not,
because of the fire fee, and the taxes and all those --
Commissioner Sanchez: Well, Mr. Chairman, if I may. Annexation can be a double -bladed
sword. If we bring in -- we annex areas that aren't going to contribute, then, you know, you find
yourself having to provide services to an area. In other words, there has to be a balance to bring
in not only areas that are commercial, but also areas that are residents, to have that balance, so
this study will focus on bringing in what would be areas that would -- may balance out.
Commissioner Gonzalez: Melrose, particularly, would be an area that would be a plus to the
City, because it's an industrial area and they have a lot of --
181 June 13, 2002
Chairman Regalado: Industrial, but you have a lot of residents.
Commissioner Gonzalez: The Gables, also, the area of Blue Lagoon is an area that will be a plus
for the City, so --
Chairman Regalado: But that's only one, only.
Commissioner Teele: Let me say this: One of the things we need to be very careful about is --
this is more than the way we're approaching it. It is exactly what Commissioner Sanchez has
said. It's a very double-edged sword. It's extremely complicated. There are two votes. There's
a vote of the residents to opt in. Now, there -- one of the real issues is going to be, how many
votes do we have? And that's going to be up to the Boundaries Commission. And the way you
define the boundary, I would recommend that you probably are going to want to have at least
four different votes. You want to have a vote of the neighborhood up there by -- to the northeast,
that's only two or three blocks, as one vote. You'll want to have a vote of the Gables in a hole.
That's another vote. You may want to have another vote, but essentially, the areas that you're
going to try to annex, you want to make that one vote within that area, black, white and Hispanic,
and they're either all in or they're all out, and that's the trick to this thing. Now, the County --
you can't do this totally piecemeal. You can do small sections piecemeal. The County, on the
other hand, has a series of policies. Number one, none of the County -- very few of the County
Commissioners really want to see incorporation, but more and more, that's changing. Secondly,
they have a policy they will not let you annex if it's not revenue neutral. Now, what is "revenue
neutral"? It means you can't do what one City proposes -- what one neighborhood proposed to
do. They proposed -- it was a little neighborhood, you know, two or three hundred houses, and
they wanted to annex in Dadeland. That would have been the richest City, other than Bal
Harbor, in the City, if they had been able to do that, you know, so everybody wants the
Dadelands. Everybody wants the Blue Lagoons. The Blue Lagoons are going to net out -- the
Blue Lagoons are going to net out with some of the area between Hialeah and the City of Miami
boundaries, and you've got to carve that out, and that's how you get into a relatively positive,
but, obviously, the more positive the revenue stream, the better it is going to be for us, and so we
certainly don't want this to be a negative, and I would represent, really, if we don't do it, Raul
Martinez is going to do it in Hialeah. He's going to move his boundary to the east if we don't
move our boundary to the west, and as you go north up there, you have all of the industrial areas,
which, again, are the printing areas. Those are all going to be very, very financially lucrative in
terms of the revenue base, so it represents a unique opportunity, I think, to do a lot of things, and
I'm really pleased that you will accept it now.
Vice Chairman Winton: But like you all have said, the revenue base doesn't vote, so you have to
take the neighborhoods where you can get the votes to be able to get the revenue base that
doesn't vote, so we can't forget that.
Commissioner Teele: Right. And, see, that was the old "New City." When Commissioner
Ferguson proposed to take the area north of Opa Locka, and they built this whole thing, the
whole base of it was the 441, and all of those car dealers just poured money in and opposed the
referendum. That was the one that went down big time, because they were outraged, you know,
a thousand to one. You know, the big car dealers said, we don't want to be in the City. We don't
182 June 13, 2002
want to pay City taxes, so that's always a point, which also gets to the bigger issue, is if you raise
taxes, if you -- the more -- the higher your taxes are from the municipal unincorporated rate, the
less likely people are going to want to opt in. There's a direct correlation between taxes and
fees, as Joe Sanchez has pointed out, and people wanting to come in. Nobody wants to come in
to pay more money.
Commissioner Sanchez: And the County's millage is lower, lower than ours.
Commissioner Teele: Substantially. Mr. Chairman, I would call the question on the item
relating to Commissioner Gonzalez being the Chair.
Chairman Regalado: OK. We have a motion. Do we have a second?
Commissioner Sanchez: Second.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-670
A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING AND
ESTABLISHING THE CITY OF MIAMI COMMISSION DISTRICT
BOUNDARY COMMITTEE ("COMMITTEE") FOR A PERIOD NOT TO
EXCEED ONE YEAR TO EVALUATE, ADVISE AND MAKE
RECOMMENDATIONS TO THE CITY COMMISSION REGARDING
POSSIBLE CHANGES IN THE EXISTING FIVE DISTRICT BOUNDARIES;
SETTING FORTH SAID COMMITTEE'S PURPOSE, POWERS, AND
DUTIES; AND PROVIDING FOR MEMBERSHIP, OFFICERS,
PARLIAMENTARY AUTHORITY AND RULES OF PROCEDURE,
MEETINGS, QUORUMS, ATTENDANCE; ASSIGNMENT OF PERSONNEL,
NOTICES AND FILING OF RECORDS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
183 June 13, 2002
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
34. REQUEST MANAGER AND APPROPRIATE CITY DEPARTMENTS TO ADJUST
BOUNDARIES OF MODEL CITY COMMUNITY REVITALIZATION DISTRICT FOR
GREATER CONSISTENCY WITH EXISTING SOUTHERN BOUNDARY OF STATE ROAD
112 BETWEEN N.W. 17TH AVENUE AND N.W. 19TH AVENUE BY UTILIZING STATE
ROAD 112 AS OVERALL SOUTHERN BOUNDARY FROM INTERSTATE 95 TO N.W.
19TH STREET.
Commissioner Teele: And on item H, a resolution requesting the Manager, the appropriate City
Departments, specifically community development to come forth with an adjustment boundaries
of the revitalization zone for greater consistent with existing boundary along 112 and further
providing that the trust agree. This is a motion asking the City Manager to come forth with a
resolution. So moved.
Vice Chairman Winton: Second.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
184 June 13, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-671
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE
CITY MANAGER AND THE APPROPRIATE CITY DEPARTMENTS
SPECIFICALLY INCLUDING COMMUNITY DEVELOPMENT AND
PLANNING AND ZONING DEPARTMENTS TO ADJUST THE
BOUNDARIES OF THE MODEL CITY COMMUNITY REVITALIZATION
DISTRICT FOR GREATER CONSISTENCY WITH THE EXISTING
SOUTHERN BOUNDARY OF STATE ROAD 112 BETWEEN N.W. 17TH
AVENUE AND N.W. 19TH AVENUE BY UTILIZING STATE ROAD 112 AS
THE OVERALL SOUTHERN BOUNDARY FROM INTERSTATE 95 TO N.W.
19TH STREET; FURTHER PROVIDING THAT THE TRUST SHALL AGREE
TO SUCH BOUNDARY ADJUSTMENTS.
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.
35. RE-EXAMINE BOUNDARY OF OVERTOWN REVITALIZATION AREA TO
MAXIMIZE HOMEOWNERSHIP ACTIVITIES, ECONOMIC STABILITY AND
MITIGATION BASED ON CHANGING NEIGHBORHOOD CONDITIONS FROM I-95
EASTWARD TOWARD N.W. 3RD AVENUE BETWEEN N.W. 14TH STREET TO N.W.
22ND STREET, AND RECOMMEND NEW BOUNDARIES FOR OVERTOWN
REVITALIZATION DISTRICT.
Commissioner Teele: This is a motion relating to the Manager again. This is asking that the
Manager reexamine the boundaries of the Overtown revitalization area to maximize
homeownership in economic stability and mitigation based upon changing neighborhoods
conditions from I-95 eastward toward Northwest 3rd Avenue, between 14th Street and 22nd
Streets, and recommending an alternate set of new boundaries for the Overtown revitalization
district. The goal here is to ensure that if there is going to be any homeless areas or homeless,
that we create more stability along the I-95 on the east side by having more homeownership, and
I would so move.
Vice Chairman Winton: Second.
185 June 13, 2002
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-672
A RESOLUTION OF THE MIAMI CITY COMMISSION TO RE-EXAMINE
THE BOUNDARY OF THE OVERTOWN REVITALIZATION AREA TO
MAXIMIZE HOMEOWNERSHIP ACTIVITIES, ECONOMIC STABILITY
AND MITIGATION BASED ON CHANGING NEIGHBORHOOD
CONDITIONS FROM I-95 EASTWARD TOWARD N.W. 3RD AVENUE
BETWEEN N.W. 14TH STREET TO N.W. 22ND STREET, AND TO
RECOMMEND NEW BOUNDARIES FOR THE OVERTOWN
REVITALIZATION DISTRICT.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele,. Jr.
NAYS: None.
ABSENT: None.
36. REQUEST MANAGER, PURSUANT TO CITY CODE SECTION 36-6 A(I) AND (C) TO
PERMIT CONSTRUCTION ON MARGARET PACE PARK BETWEEN 6:00 P.M. AND 8:00
P.M., MONDAY THROUGH SATURDAY, UNTIL AUGUST 31, 2002.
Commissioner Teele: And this is a resolution requesting that the Manager pursuant to city code
36-6 A(I) and (C) permit construction on Margaret Pace Park up until 8 p.m., Monday through
Saturday, until August 31, 2002.
Commissioner Sanchez: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
186 June 13, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-673
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE
CITY MANAGER, PURSUANT TO CITY CODE SECTION 36-6 A(I) AND
(C) TO PERMIT CONSTRUCTION ON MARGARET PACE PARK
BETWEEN 6:00 P.M. AND 8:00 P.M., MONDAY THROUGH SATURDAY,
UNTIL AUGUST 31, 2002.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
37. RESCINDING CITY RESOLUTION WHICH LIMITS DISTRIBUTION SIZE OF
HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO $130 MILLION;
AUTHORIZE MANAGER TO ISSUE BONDS IN LARGEST AMOUNT DEEMED
APPROPRIATE.
Commissioner Teele: And this is a resolution of the City Commission rescinding the resolution
which limits the distribution of the size of the homeland defense and neighborhoods
improvement bonds currently at $130,000,000 and authorizing the Manager to issue bonds in the
largest amount that the Manager deems appropriate.
Vice Chairman Winton: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say --
Commissioner Sanchez: Discussion. What are the pros and cons on this?
Commissioner Teele: Well, let me tell you what the pro is. The pro is based upon the
preliminary tax roll, it maybe that you can issue more bond than the 127. The bond matrix
assumed a 5 to 6 percent growth. The actual growth appears to be between 10 and 12 percent
and the dollars are not going to be cheaper tomorrow than they are today.
Commissioner Sanchez: That's based on today's market?
187 June 13, 2002
Commissioner Teele: That's based on today's market.
Commissioner Sanchez: What guarantee do you have that the market will do that good in the
future or that bad in the future?
Vice Chairman Winton: The whole point though is that we know what the market is today. We
never know what the market will be tomorrow. And tomorrow at the soonest is three years from
now, so we know today that the probability of interest rates being lower than they are today at
anytime in the future, are extremely slim, so this allows us to take advantage of an extremely
favorable interest rate market to the maximum we can take advantage of it, and so money will
absolutely cost us more in the future.
Commissioner Sanchez: But Johnny, all you're basically being is an aggressive investor.
Commissioner Teele: No.
Vice Chairman Winton: No, it isn't. Frankly, I consider this to be a prudent investor. This
doesn't change the whole dynamic on our debt service. The debt service is capped. This simply
allows us to speed up the process of getting the money at the lowest possible rate, so as far as I'm
concerned, this is extremely prudent.
Commissioner Teele: Both the financial advisor and the Manager has requested this, because
what they said is if you look at 25 years, bonds have never been as low as they are. They're
historically at the lowest point. If you go back out in three years, the chances are the bonds are
going to be substantially higher.
Commissioner Sanchez: I got it. I just wanted, being that this is one or your items and it doesn't
have the back up material, you're saying that the expert that we hired suggested this is something
that is in the best interest of the City?
Commissioner Teele: Both the expert that we hired and Mr. Nachlinger, who's away at Harvard
University, I learned today, are both recommending that the limitation be set aside and give the
Manager the full flexibility, based upon what the market conditions are when the bonds are
issued.
Commissioner Sanchez: All right.
Chairman Regalado: OK. We have a motion by Commissioner Teele.
Vice Chairman Winton: Second.
Chairman Regalado: Seconded by Vice Chairman Winton. All in favor, say "aye."
The Commission (Collectively): Aye.
188 June 13, 2002
Chairman Regalado: It passes.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02- 674
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING,
RESCINDING, REVOKING AND REPEALING THE PREVIOUSLY PASSED
MIAMI CITY RESOLUTION WHICH LIMITS THE DISTRIBUTION SIZE OF
THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
TO AN AMOUNT NOT TO EXCEED $130 MILLION; AND AUTORIZING
THE CITY MANAGER TO ISSUE BONDS IN THE LARGEST AMOUNT
DEEMED APPROPRIATE.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by
the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
38. BRIEF COMMENTS REGARDING PROPOSED CO-SPONSORSHIP OF CULTURAL
ALLIANCE FOR PRESERVATION OF ARTS EVENT DURING CULTURAL FRIDAYS IN
LITTLE HAVANA. (See #40)
Chairman Regalado: I have one item and then we'll move on. I have two items and then we'll
move on to the regular agenda and hopefully we'll be out of here soon. One of the items is that
the Cultural Alliance for Preservation of the Arts will conduct an event on the last Friday of each
month coinciding with cultural Friday's in Little Havana. My motion is that the City of Miami
will cosponsor this worthwhile event by waiving the rental fee of Domino Park through June of
2003 and let me tell you what is this. Domino Park was closed on Cultural Friday's. These
people are going to pay security plus the employee, and all the money generated by this event
will be donated to charity groups. This is a not-for-profit group and this is why I'm proposing
that the City will cosponsor this; so can you chair, Vice Chairman Winton? Can you chair?
Vice Chairman Winton: Yes, I can. I'm sorry, which item are you on?
Chairman Regalado: I'm on my items that are left on the blue pages and then we'll move on.
Vice Chairman Winton: Which is the first one?
189 June 13, 2002
Chairman Regalado: The first one is the Cultural Alliance for Preservation of the Arts. It's not
on the agenda. It's a pock item here.
Commissioner Sanchez: Once Commissioner Regalado gets a second on the item, which I'm not
prepared to give the second, but I will open it for discussion, once he gets a second.
Chairman Regalado: OK, I move this item.
Vice Chairman Winton: We have a motion. We need a second.
Commissioner Gonzalez: Second.
Vice Chairman Winton: We have a motion and a second. Discussion, Commissioner Sanchez.
Commissioner Sanchez: I don't have a problem with allowing this organization to have the park
for a full year but I'll tell you this much. The sponsors that have committed to "Los viernes
culturales" when we had good sponsors, big sponsors that paid the entire amount and in many
ways the City doesn't have to subsidize it, or they have to rush out and do things to try to raise
the money. These sponsors that come in usually request the park, and I have had discussion with
several individuals pertaining to the park and my only concern here, Commissioner Regalado is
that if we have a major sponsor and they commit themselves to sponsoring "Los viernes
culturales,"they are going to want that park, and if we commit the park for the full year, then that
might jeopardize bringing in sponsorship to an event that has brought revitalization and
economic stability to the area based on the private sector, not the City.
Vice Chairman Winton: I just need to understand. You are recommending that we do what with
the park?
Commissioner Sanchez: His recommendation is that we take the park and we give it to this
organization, which I don't have a problem with, it's a great organization, for an entire year; and
my concern is being I'm the Commissioner of the district, that when we go out for sponsorship
that pay for these Cultural Fridays' event, which is $7,500. It isn't much but usually the big
sponsors such as a Chrysler or such as the Miccosukee Indian Tribe and other major sponsors
usually come in and say well we want the park. Why? Because they want to host VIP party or
they want to put an event in there. The concern is if we can come to a compromise and I do. If
based on availability, if we do not have a major sponsor, it's fine to give it to them, but if we do
have a sponsor, I'm not going to jeopardize sponsorship of the event just to give it to this
organization.
Chairman Regalado: Joe, my understanding was that they already spoke I guess to you and to
Mr. Ruder, and they want to be part whatever the needs of the Cultural Fridays, they will
accommodate. If the Culture Fridays is not using the park, that is what they said they spoke to
you and to --
190 June 13, 2002
Commissioner Sanchez: Mr. Ruder, what did they come because you know what? It got to a
point you know what I said? They're both my friends. They're good people. You know what I
told them? Meet me in front of the park. Bring a quarter. We're going to flip for it. I was to that
point because you get into a situation where we have made a significant progress out there, and I
do not have a problem -- we don't have a sponsor for that event, a major sponsor. Somebody's
going to come in and say here's a $7,500. I'm going to sponsor the full event, but we don't have
that. They can use the park any day of the week and twice on Sunday.
Vice Chairman Winton: What are they using it for?
Commissioner Sanchez: Now when there is a major sponsor, usually --
Chairman Regalado: There's no -- nobody's using it.
Commissioner Sanchez: Well, they've used it, Commissioner Regalado. I hate to differ with you
on this issue.
Vice Chairman Winton: What's the group that you're recommending, Commissioner Regalado?
What do they want to use the park for, for the year?
Chairman Regalado: For Culture Fridays. During the Cultural Fridays, they would have some
videos.
Vice Chairman Winton: Oh, I see. It's in direct conflict with what -- I get it, OK.
Commissioner Sanchez: I don't have a problem. If they don't have a full sponsor, they could
use it, but if they come with a big sponsor, then what are you going to tell the sponsor, who's
going to say, "I want to use the park." No, you can't use the park? Then that jeopardizes us
bringing in sponsors and it jeopardizes progress that we've made in an area, not using taxpayer's
money, but using money from the private sector promoting the arts and culture. I want to get
along with everybody. I want to be able to work with everybody, Commissioner Regalado. I
want to work with the "Viernes culturales," Jose Marban. I want to work with Angel Zayon, but
we have to reasonable.
Chairman Regalado: Joe, you have worked for Cultural Fridays, so I withdraw my motion.
Commissioner Sanchez: I would support your motion, based on that if they do not have a major
sponsor, then this organization could have the park for free, I don't care but if we have a major
sponsor you're going to jeopardize Cultural Fridays.
Vice Chairman Winton: But who's going to manage that thing?
Commissioner Sanchez: Who manages? It's been a great success. "Viernes culturales" has a
board that was put together and they basically have been running it for two years.
Vice Chairman Winton: No, who's going to manage who gets the park?
191 June 13, 2002
Chairman Regalado: You see the Parks Department --
Albert Ruder (Director, Parks Department): You have to issue a permits, Commissioner. We're
going to be issuing permits.
Commissioner Sanchez: The Parks Department is running the park.
Chairman Regalado: Because it used to be run by the Little Havana economic --
Vice Chairman Winton: No, that's not my point. Who's going to determine whether you have a
major sponsor or not and make the determination. That's my question.
Chairman Regalado: That's very tricky. Who knows?
Vice Chairman Winton: That exactly my point.
Chairman Regalado: Because if they sell three month and then you get a sponsor, then you
collide.
Vice Chairman Winton: I think Joe Sanchez' suggestion that he wants to compromise this thing,
I think it's not going to work from where I'm sitting.
Chairman Regalado: It's not going to work. It's either or not, because they need to get a sponsor.
They need to get long-term sponsor, so it's something that we cannot be sure. I cannot --
Vice Chairman Winton: Are you withdrawing your motion?
Chairman Regalado: I am withdrawing the motion, and Joe has been very active on Cultural
Friday, so he'll decide what to do with that.
39. DISCUSSION REGARDING FUTURE OF ANTONIO MACEO PARK.
Vice Chairman Winton: Next item.
Chairman Regalado: Next item is a discussion concerning the future of Antonio Maceo Park.
Antonio Maceo Park is located on Northwest 7th Street and 50th Avenue. It's in Commissioner
Gonzalez' district. Some of the residents in my district, only two, three blocks away, do use the
park. We have been dealing in this Commission with this park in terms of the ramp, the sea, the
coastline, the lake. There is an offer that was given to the administration and presented it to the
members of the Commission regarding a community center in lieu of an easement to go into a
new building or being built there, so this is not for action. This is just for discussion, and I would
like to hear Commissioner Gonzalez, his items.
Commissioner Gonzalez: Thank you, Mr. Chairman. Usually, I try to be as brief as possible in
all the items to try to expedite the process of this Commission, but in this particular item, I'm
192 June 13, 2002
going to take the necessary time and I ask you to please bear with me because this is a very
important issue for me and for my district. This park is located right in my district on Northwest
7th Street and 50th Avenue. When I was campaigning and I was walking throughout the district
particularly on the buildings next to this park, there was a strong opposition from the
neighborhood for this project to go through. People asked me, "Please, we are going to vote for
you, but please we want to make sure that the park stays as a park," and I gave my word and I
made my commitment to my voters that if I was elected Commissioner the park was going to be
a park. I appreciate as a Commissioner also the project that Jose Milton, the developer, is
building next to the park. I also appreciate his concern about the park, which he has a right to be
concerned of, but we also have addressed his concerns and his complaints and I'm going to refer
to that in a little while. Mr. Milton had in mind to acquire approximately one/third of the park to
build a private road into his development. In exchange, he was willing to give the City a half a
million dollars to build a community center. Maceo Park has in an account in the City of Miami
for more than 10 years close to $750,000, so actually we appreciate Mr. Milton's offer, but we
are going to be able to build the community center with City money. I understand Mr. Milton
has some concerns that people don't have a bathroom in the park, that the park doesn't look the
way it should look, but we had a meeting. I have had three or four different meetings with Mr.
Milton. At one point we had Mr. Milton, we had his attorney there, we had the administration
and we made a commitment. He promised that his building was going to be finished by March
of next year. We made a commitment that by December of this year we were going to have
bathrooms installed in that park. We were going to have additional playgrounds. We were going
to have a new fence. We were going to have a vita course. We going to have additional shelters,
additional grills for barbeques and some other improvements to make sure that he be proud of the
park next to his development and also to make sure that my entire district be proud of that park.
Another problem with that park is that park is used daily by the families that live in this building.
When you have a home you have a patio, and when you have a patio, your child can play in your
patio. You don't have to take them to park. I never have to take my daughter, thank God, to a
park, because I was fortunate enough to raise her in a home that had a patio. But most of the
residents of 7th Avenue, they live in apartments and they have children, and at 5 o'clock you see
the parents with their children playing in that park. I don't think it's fair. I don't think it's
appropriate and I don't thing it's just to give a piece of land from a park which is for public
purposes so a developer can build a private road to his development. Whenever he bought that
land to build his project together with the land he bought access to his development through
some other area, so he has an entrance to the area. The City of Miami wouldn't issue a permit to
build a building if you don't have an access to the building because we are not fortunate enough
to have helicopters to come to our homes, so to answer the question what is the future of the
park. The future of the park is bright, as the future of the City of Miami. I'm committed to make
sure and the Manager has given me his commitment, as Mr. Ruder, that by December the park
will be completed. The improvement would be on the park by March with the community center.
We are also working on the Community Center. We have $750,000. We also have another
$250,000 from impact fees plus we have the bond money. I'm committed to make sure that Mr.
Milton is proud about the park. I appreciate his offer and his concern about the park and his
offer of $500,000 to build this community center, but I can not deprive the people in my
community to have a park for their children to play and to have a park to enjoy on Saturdays and
Sundays. Those are all hard working people that enjoy the park, that's a place where they go on
Saturdays and Sundays to have their birthdays and their picnics and let me tell you there as an
193 June 13, 2002
article on the papers that cited that park as being the best fishing place in the City of Miami, and
I have that article; so that is an update on the park. We are working on it and it's going to be
finished before Mr. Milton's project is completed and ready to occupy. Thank you, Mr.
Chairman.
Chairman Regalado: Would you mind if we sent this to the parks committee?
Commissioner Gonzalez: To be honest with you, Mr. Chairman, yes, because sending this to the
parks committee will be delegating my responsibility to a committee. I was elected the
Commissioner of that area. It wasn't the park committee that was elected, so I'm responsible to
my citizens, and I have to -- the one that has to give his face to the citizens next year and four
years from now, is going to be me. It's not going to be members of the park committee. On top
of that, I try to bring something that is positive and which is for public purpose to the Sewell
Park, which is an action that will save the City of Miami a million dollars. It's an action that will
give protection to the park and the neighborhood with the mounted patrol and we have had lots
of problems in order to get that achieved, so if I'm trying to do something in another park which
is for public purposes and to serve the citizens of Miami, what is the park committee going to do
if we send them something to give this private developer three/fourths of a park so he can build a
road. No, mine -- I don't agree to send it to them. I only one vote here in this Commission and I
hope that my colleagues respect that I don't interfere with any of my colleagues decisions on
their districts. This is my district and I expect to be respected and given the consideration that I
deserve as the elected Commissioner of District 1. Thank you.
Chairman Regalado: Sure, the parks of course are something that all this body has to decide on
because it belongs -- but we do respect each other's districts and if they want you to come before
the Commissions and do a full presentation, it has to be a public hearing and then, whatever they
want to do. Thank you. That concludes my --
Commissioner Sanchez: Mr.Chairman, can you --
Chairman Regalado: OK, on --
Vice Chairman Winton: OK, so on that issue about the park, the issue is resolved and that we're
going to do nothing other than continue to develop that as a first class park for that
neighborhood. Is that correct?
Chairman Regalado: That is what Commissioner Gonzalez has stated and we all support that,
but if these people want to request from the Manager a presentation —
Vice Chairman Winton: Which people?
Chairman Regalado: The one that wants to build this project, yes, the Milton people.
Vice Chairman Winton: From my viewpoint, if Commissioner Gonzalez would have said, I
want to sell that park land to a developer, I would have been very strongly opposed to the
194 June 13, 2002
concept and would have voted no because parks, we need more of them, not fewer of them, and
I've never voted to let any developer get close to our parks, so --
Chairman Regalado: But and you know, I really respect, but that was not the way that was
presented to me in terms, because according to the state, you have to buy another park with that
money and that was the intent of that discussion that the Manager --
Commissioner Sanchez: Actually, the state law says that if we ever -- I don't know if we have
ever done that in the City of Miami and if we are ever going to do it in the future. If you give a
parcel of a park that is a waterfront park, you have to replace that land that you're giving to this
person, you have to replace it with waterfront piece of land, and that's something that you have
to -- that's a requirement that you have to meet, but that would have been in the case that this
Commission would have decided to let this gentleman use one/third of a park to build a private
road to his development.
40. AUTHORIZE MANAGER TO CO-SPONSOR CULTURAL ALLIANCE FOR
PRESERVATION OF ARTS EVENT DURING CULTURAL FRIDAYS IN LITTLE
HAVANA BY WAIVING RENTAL FEE FOR USE OF DOMINO PARK THROUGH JUNE
2003. (See #38)
Vice Chairman Winton: OK, Commissioner Regalado, you had another issue?
Chairman Regalado: Yes. I withdrew a motion before, but I think I'll bring it again and then we
might amend this motion. It's about the Cultural Alliance for Preservation of the Art and Cultural
Fridays in Little Havana and the motion is for the City to cosponsor this event by waiving the
rental fee. All of the other electricity and employees and all that will be paid by this not-for-
profit organization, so this is my motion. I so move.
Commissioner Gonzalez: I second.
Vice Chairman Winton: I don't understand it. I'm sorry.
Commissioner Sanchez: There has been an agreement between both parties that I didn't know.
Chairman Regalado: This is the one that Joe had concerns.
Commissioner Sanchez: Johnny, they've agreed to share the party.
Vice Chairman Winton: Got it. Fine.
Commissioner Sanchez: It's called the art of compromising.
Chairman Regalado: OK.
Vice Chairman Winton: We have a motion and a second. Further discussion? Being none, all in
favor, say "aye."
195 June 13, 2002
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed. Motion carries.
Chairman Regalado: Thank you very much.
Commissioner Sanchez: Johnny, it was either that or we flip for it.
The following motion was introduced by Chairman Regalado, who moved for its adoption:
MOTION NO. 02-675
A MOTION AUTHORIZING THE CITY MANAGER TO CO-SPONSOR
CULTURAL ALLIANCE FOR THE PRESERVATION OF THE ARTS EVENT
DURING CULTURAL FRIDAYS IN LITTLE HAVANA BY WAIVING
RENTAL FEE FOR USE OF DOMINO PARK THROUGH JUNE 2003.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
41. APPROVE ASSIGNMENT OF COMMERCIAL SOLID WASTE NON-EXCLUSIVE
FRANCHISE AGREEMENT BETWEEN CITY AND BAYSIDE DISPOSAL, INC., TO C & C
WASTE REMOVAL, INC.
Chairman Regalado: Gentlemen, we have now some appointments and also some of the items
that we need to do. Item 2 is a resolution, it's approving the assignment of the City of Miami
commercial solid waste a non-exclusive franchise agreement. Mr. Manager.
Carlos A. Gimenez (City Manager): Yes, sir, it's item number 2.
Chairman Regalado: Item 2.
Frank Rollason (Assistant City Manager): I'll take that item. The director of solid waste had an
emergency in the family, somebody gravely ill, and had to leave. I can tell you that this is
another assignment. As we did at the last meeting, it's been advertised. It called for underneath
196 June 13, 2002
the contract with the solid waste haulers to reassign to another company and that is what the
issue is, to reassign a license.
Chairman Regalado: OK, do we have a motion?
Commissioner Sanchez: So move.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-676
A RESOLUTION APPROVING THE ASSIGNMENT OF THE CITY OF
MIAMI COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE
AGREEMENT BETWEEN THE CITY OF MIAMI AND BAYSIDE
DISPOSAL, INC., TO C & C WASTE REMOVAL, INC., CONTINGENT
UPON SUBMISSION OF ALL SUPPORTING DOCUMENTS REQUIRED BY
THE NON-EXCLUSIVE FRANCHISE AGREEMENT.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted
by the following vote:
AYES: Chairman Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
197 June 13, 2002
42. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING THAT COMPETITIVE
SEALED BIDDING PROCEDURES ARE NOT PRACTICAL FOR ACQUISITION OF
SYSTEMS ANALYSIS, TECHNICAL CONSULTING, AND OTHER PROFESSIONAL
SERVICES FOR IMPLEMENTATION OF LEGISTAR LEGISLATIVE MANAGEMENT
SYSTEM; APPROVE ACQUISITION OF SAID SERVICES FROM EVEREST SOLUTIONS,
LLC, FOR DEPARTMENT OF INFORMATION TECHNOLOGY, $150,000; ALLOCATE
FUNDS FROM INFORMATION TECHNOLOGY DEPARTMENT, OFFICE OF CITY
CLERK AND FROM GENERAL OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS.
Chairman Regalado: Item 3 is a four-fifths vote. It's a resolution confirming and approving the
City Manager's finding. Do we have a motion?
Commissioner Gonzalez: So move.
Chairman Regalado: It's been moved and seconded. All in favor, say --
Vice Chairman Winton: I have a question and that is I'm not sure I understand what this
proposal really says about Legistar. I can't -- first of all, I couldn't even figure out that very long
1st or 2nd sentence there, but does this say that we're hiring -- are we buying new software or
expanded software that we didn't anticipate when we got Legistar? There's some sort of
connectivity here that's a problem? Is that what I remember?
Aldo Stancato: Aldo Stancato, information technology. Commissioner, this is for the consulting
services of Dr. Shiny Antony in implementation of Legistar. With regards to the Legistar
project, once we got into the Legistar project, Legistar seems to do a very good job on the
backend, which is what it was designed for, but we're looking to sit down and expand the
capabilities, which is the front end, which is the approval process and this is where the project is
going.
Vice Chairman Winton: So what you're trying to do here is expand the benefit of Legistar to the
City.
Mr. Stancato: Yes, completely do the whole workflow.
Vice Chairman Winton: Got it. I understand. Thank you.
Chairman Regalado: OK, so do we have a motion and a second?
Commissioner Sanchez: So move, Mr. Chairman.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
198 June 13, 2002
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-677
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT COMPETITIVE SEALED BIDDING
PROCEDURES ARE NOT PRACTICAL OR ADVANTAGEOUS FOR THE
ACQUISITION OF SYSTEMS ANALYSIS, TECHNICAL CONSULTING,
AND OTHER PROFESSIONAL SERVICES FOR THE IMPLEMENTATION
OF THE LEGISTAR LEGISLATIVE MANAGEMENT SYSTEM; WAIVING
THE COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING
THE ACQUISITION OF SAID SERVICES FROM EVEREST SOLUTIONS,
LLC, ON AN AS -NEEDED BASIS UNTIL THE IMPLEMENTATION OF THE
LEGISTAR SYSTEM, FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $150,000;
ALLOCATING FUNDS FROM INFORMATION TECHNOLOGY
DEPARTMENT ACCOUNT CODE NO. 001000.460101.6.270, OFFICE OF
THE CITY CLERK ACCOUNT CODE NO. 001000.220101.6340.270 AND
FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS
USER DEPARTMENTS.
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.
Commissioner Teele: Just on the point, now that it's passed. This is really for professional
services, right?
Mr. Stancato: Correct.
Commissioner Teele: Expert services?
Mr. Stancato: Correct.
Commissioner Teele: This lady that you all have is a doctor who's an expert?
199 June 13, 2002
Mr. Stancato: Yes.
Commissioner Teele: And that's the whole issue I'm talking about with the procurement stuff.
This is the way to handle that and it wouldn't have to become a deal. It's something that the
Manager could do. She's working five days a week right here in City Hall; is that right?
Mr. Stancato: Correct and also just for the record I'd like to state that there was a little snafu
where we initially got it off the state of Florida contract and --
Vice Chairman Winton: I read that.
43. AMEND RESOLUTION NO. 01-1044, WHICH APPROVED LAND ACQUISITION
POLICY FOR HOMEOWNERSHIP AND COMPREHENSIVE REVITALIZATION
PROJECTS IN COMMUNITY REVITALIZATION DISTRICTS, TO AUTHORIZE
MANAGER TO OFFER PURCHASE PRICE NOT TO EXCEED FIFTEEN PERCENT
ABOVE AVERAGE OF TWO APPRAISALS OF REAL PROPERTIES TO BE ACQUIRED.
Chairman Regalado: Item 4 is a resolution amending resolution number 01-1044, which
approved the land acquisition policy for homeownership --
Commissioner Teele: Now, hold on a minute. Mr. Manager, I need to make sure, is that all right
with you, because I'm confused a little bit.
Carlos Gimenez (City Manager): Yes, sir, it is.
Chairman Regalado: Do we have a motion?
Commissioner Teele: So moved.
Vice Chairman Winton: Second.
Chairman Regalado: It's been move and seconded.
Commissioner Sanchez: One point of clarification. Listen, anything less than $500,000, we get
one appraisal.
Alejandro Vilarello (City Attorney): Actually, as a matter of policy, they're getting two
appraisals on each.
Commissioner Sanchez: Right, two appraisals, then you go with the average property. It allows
you not to exceed 15 percent or the City Manager not to exceed, OK.
Dan Fernandes (Director, Community Development): Correct, and I need to go over that; we
would have to come back to the Commission for individual approval.
Commissioner Sanchez: OK. Call a question.
200 June 13, 2002
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, moved for its adoption:
RESOLUTION NO. 02-678
A RESOLUTION AMENDING RESOLUTION NO. 01-1044, WHICH
APPROVED A LAND ACQUISITION POLICY FOR HOMEOWNERSHIP
AND COMPREHENSIVE REVITALIZATION PROJECTS IN THE
COMMUNITY REVITALIZATION DISTRICTS, TO AUTHORIZE THE CITY
MANAGER TO OFFER A PURCHASE PRICE NOT TO EXCEED FIFTEEN
PERCENT ABOVE THE AVERAGE OF TWO APPRAISALS OF REAL
PROPERTIES TO BE ACQUIRED.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
44. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 11286 WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL
REVENUE FUND ENTITLED "TRAINING/ENTREPRENEURIAL FUND" BY
INCREASING SAID APPROPRIATIONS, $150,000, CONSISTING OF REVENUES
GENERATED FROM ENTREPRENEURIAL ACTIVITY IN AREA OF POLICE TRAINING
PROGRAMS.
Chairman Regalado: Now we go to 11. It's a second reading ordinance, and do we have a
motion?
Commissioner Teele: So moved, Mr. Chairman.
Chairman Regalado: It's been moved and --
Commissioner Teele: Second.
201 June 13, 2002
Chairman Regalado: -- it's seconded. It's a public hearing. Anybody from the public? It is a
public hearing on training entrepreneurial fund.
Vice Chairman Winton: Can I ask a question? I should have asked it the first time. I don't know
in that first line in the background sentence, it said police department has identified an
opportunity for, quote, entrepreneurial activity, end of quote. What does that mean? In the area
police training programs, are we turning our policemen into entrepreneurs?
Carlos Gimenez (City Manager): Let me see if I can get someone from the police department to
come up. They're coming.
Commissioner Teele: I thought that the funds were generated by private duty stuff.
Major Joseph Longueira: No, Commissioners. Major Joseph Longueira, Miami Police. A long
time ago, we seeded the entrepreneur fund with seed money. What we do is we put on classes
that our officers go to, but we also bring officers from other agencies and we charge them
money, that generates more money. We generated $150,000. We want to put it back into the
fund to do more training.
Vice Chairman Winton: In profit?
Mr. Longueira: In profit.
Commissioner Teele: But not-for-profit governments don't make profit.
Vice Chairman Winton: But revenue over expenses.
Mr. Longueira: We put on good classes that normally we might be able to do and our officers
benefit from that also.
Vice Chairman Winton: I understand. Thank you.
Commissioner Teele: It's a good thing; you all should be commended.
Major Longueira: Thank you, sir.
Chairman Regalado: Read the ordinance. Roll call.
Priscilla A. Thompson (City Clerk): I'm sorry. I didn't record a mover and a seconder. I'm
sorry.
Vice Chairman Winton: So move.
Chairman Regalado: Mover was Commissioner Teele, second --
Commissioner Sanchez: Everybody moved it. Everybody seconded.
202 June 13, 2002
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11286, ADOPTED MAY 24TH, 1995, AS AMENDED,
WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"TRAINING/ENTREPRENEURIAL FUND" BY INCREASING SAID
APPROPRIATIONS IN THE AMOUNT OF $150,000, CONSISTING OF
REVENUES GENERATED FROM ENTREPRENEURIAL ACTIVITY IN THE
AREA OF POLICE TRAINING PROGRAMS; AUTHORIZING THE CITY
MANAGER TO ACCEPT AND DEPOSIT MONIES GENERATED FROM
POLICE TRAINING ACTIVITIES INTO SAID SPECIAL REVENUE FUND
AND TO EXPEND THE MONIES FOR THE PRODUCTION AND
DEVELOPMENT OF LAW ENFORCEMENT TRAINING SEMINARS,
COURSES AND FOR RELATED EQUIPMENT; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
The ordinance was passed on its first reading, by title, at the meeting of May 9, 2002, was taken
up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez,
seconded by Commissioner Teele, 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 Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12236.
45. SECOND READING ORDINANCE: AMEND SECTION 10-4(b) OF CITY CODE,
ENTITLED "BUILDINGS/IN GENERAL", TO MODIFY FEES AND PROVIDE
EXEMPTIONS.
Chairman Regalado: Second reading, Item 12
Commissioner Winton: So moved.
Commissioner Sanchez: Second.
Commissioner Winton: With comment.
203 June 13, 2002
Chairman Regalado: OK, it's been moved and seconded. It's a public hearing, Commissioner
Winton.
Commissioner Winton: Just to make a point here about -- it relates to a conversation that we had
a little while ago about expanding our boundaries. Commissioner Teele used that example of
that area up in North Dade that -- where there was an attempt to try to create apparently a new
city up there and the business corridor spent a huge amount of money to defeat the attempt,
because they saw their taxes going up in whatever this deal was; and I would just like to point
out that more times than not from here when it comes to adjustment of fees, we almost always
look to the business community for whatever that adjustment and fees is and those adjustments
are always up, and they point is in this simple little thing. It isn't a big deal, but it's just how it
always works. Where we're going to lower the fees paid by the homeowners, there's great logic
for doing that. I'm not quarrelling that piece of the logic, but the way that we're going to solve
the problem is by increasing the fee for major building owners so that their maximum fee instead
of being 2,500 or 3,500 is now $5,000, and it's these things that we do over and over again when
we get ready to do this same annexation and we have that business segment out there where we
continue to send the message, "Come on into the City `cause we going to whack you with a
whole bunch of fees," and they will be the ones that will fund the negative campaign that will get
the voters, the residents, to vote no, so my only point, and I'm prepared to vote yes.
Chairman Regalado: OK, read the ordinance. Roll call.
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL",
WHICH SETS FEES FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL, INCLUDING BOILER AND ELEVATOR INSPECTION,
PERMIT AND CERTIFICATE FEES, TO MODIFY THE FEES AND
PROVIDE EXEMPTIONS; MORE PARTICULARLY BY AMENDING
SECTION 10-4(b) OF THE CODE; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
204 June 13, 2002
The ordinance was passed on its first reading, by title, at the meeting of May 9, 2002, was taken
up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez,
seconded by Vice Chairman Winton, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12237.
46. SECOND 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.
Chairman Regalado: 13 is the second reading ordinance.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Winton: Second.
Chairman Regalado: It's been moved and seconded. Public hearing, anybody?
Commissioner Teele: Mr. Chairman, I just want to point out again that the department of
transportation is really working very effectively with the city and we've not done nearly as well
through the direct MPO (Metropolitan Planning Organization) process as we should be doing,
but we are certainly doing a lot better with the Florida DOT (Department of Transportation) and
I want to acknowledge the planning and Public Works staff for working to create the
opportunities.
Chairman Regalado: Thank you. Read the ordinance. Roll call.
205 June 13, 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.
The ordinance was passed on its first reading, by title, at the meeting of May 23, 2002, was taken
up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez,
seconded by Vice Chairman Winton, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12238.
47. SECOND 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, FROM NORTHWEST 12TH AVENUE TO NORTH MIAMI AVENUE,
BETWEEN NORTHWEST 20TH AND NORTHWEST 5TH STREETS.
Chairman Regalado: 14 is a second reading.
Vice Chairman Winton: So moved.
Commissioner Sanchez: Second.
206 June 13, 2002
Chairman Regalado: It's been moved and seconded. Public hearing. Read the ordinance. 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.
The ordinance was passed on its first reading, by title, at the meeting of May 23, 2003, was taken
up for its second and final reading, by title and adoption. On motion of Vice Chairman Winton,
seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Joe Sanchez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12239.
48. SECOND 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: 15 is a second reading ordinance.
Vice Chairman Winton: So moved.
Chairman Regalado: It's been moved and seconded.
207 June 13, 2002
Commissioner Teele: Second.
Chairman Regalado: It's the special revenue fund, Cali Enforcement Group Task Force. Read
the ordinance. Roll call, please.
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 USED 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.
The ordinance was passed on its first reading, by title, at the meeting of May 23, 2002, was taken
up for its second and final reading, by title and adoption. On motion of Vice Chairman Winton,
seconded by Commissioner Teele, 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 Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Joe Sanchez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12240.
49. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 12173, WHICH
ESTABLISHED AND APPROPRIATED FUNDS FOR NEW SPECIAL REVENUE FUND
ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2001-02)", INCREASE
APPROPRIATIONS, $120,000 RECEIVED AS CARRY-OVER FUNDS FROM PREVIOUS
YEAR GRANT AWARDS.
Chairman Regalado: Item 16 is a first reading ordinance.
Commissioner Winton: So moved.
208 June 13, 2002
Chairman Regalado: It's been moved and seconded. It's a Miami Dade County EMS (Emergency
Management System) award. Read the ordinance Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 12173, ADOPTED JANUARY 10, 2002, WHICH
ESTABLISHED AND APPROPRIATED FUNDS FOR A NEW SPECIAL
REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT
AWARD (FY 2001-02)", INCREASING APPROPRIATIONS IN THE
AMOUNT OF $120,000 RECEIVED AS CARRY-OVER FUNDS FROM
PREVIOUS YEAR GRANT AWARDS, FOR A TOTAL APPROPRIATION IN
THE AMOUNT OF $228,376.96; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
It was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed
on first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
The ordinance was read by title into the public record by the City Attorney.
Chairman Regalado: 18 is a resolution.
Vice Chairman Winton: So moved.
Chairman Regalado: It's -- it needs a four -fifth. Do we have a quorum here, Mr. City Attorney?
Alejandro Vilarello (City Attorney): We have a quorum.
Vice Chairman Winton: We don't have four-fifths.
Chairman Regalado: No.
Priscilla A. Thompson (City Clerk): Mr. Chairman.
Chairman Regalado: Do we have a four -fifth?
209 June 13, 2002
Commissioner Sanchez: Yes.
Ms. Thompson: Yeah -- no.
Chairman Regalado: OK. 19 needs a four -fifth, too. Let's -- 20 has been done, 20A and 20B
have been deferred.
50. APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT FOR TERMS AS DESIGNATED HEREIN (See Sections 57,67).
Chairman Regalado: We need to appoint the Bayfront Park Management. I have --
Vice Chairman Winton: I'd like to move the three at -large.
Commissioner Teele: Why are you going to do that?
Vice Chairman Winton: Why?
Commissioner Teele: Why do you want to reappoint them?
Vice Chairman Winton: Why do I want to reappoint -- because they're all doing a good job.
Why? You got some new ones?
Commissioner Teele: No. But I thought the last meeting -- you know, I'd like to hear from the
Chairman of the Trust to make sure that ...
Vice Chairman Winton: Yeah, I agree.
Commissioner Teele: We said we were going to switch some of those.
Vice Chairman Winton: I agree a hundred percent.
Commissioner Teele: Huh?
Vice Chairman Winton: Sorry. I take it back.
Chairman Regalado: OK. I'd like to -- I have one appointment. Commissioner Teele has one
appointment. Commissioner Gonzalez has one appointment. Vice Chairman Winton has one
appointment, so if we can name the individual, if that's OK with you. You have anybody,
Johnny? Your appointment, not the at -large.
Vice Chairman Winton: I would reappoint Frank Balzebre.
Chairman Regalado: Frank Balzebre. And I will reappoint Steve Kneapler, so do we have a
motion and a second?
210 June 13, 2002
Commissioner Teele: Second.
Vice Chairman Winton: So moved.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Vice Chairman Winton, who moved its
adoption:
MOTION NO. 02-679
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Chairman Regalado: Commissioner Teele, you have an appointment?
Commissioner Teele: No.
Chairman Regalado: OK. Then we'll defer that.
51. APPOINT MELANIE ROLLE, SILVANO BIGNON AND AL JOHNSON AS MEMBERS
OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. (See #68).
Chairman Regalado: Commissioner Teele and Vice Chairman Winton have appointments in the
Coconut Grove, the new, special events and marketing committee. That committee will start
meeting by the way next week so if you have anybody in mind, Johnny.
Commissioner Winton: And actually I think the way that this keeps getting written in here
wrong. The ordinance says these are at large, so they're not --
Priscilla A. Thompson (City Clerk): Yes, that's correct. This should show that they're all at
large appointments.
211 June 13, 2002
Chairman Regalado: Which one?
Ms. Thompson: For the Coconut Grove Special Events and Marketing Committee, we made a
mistake when we sent out that each Commissioner had an appointment. If you'll look at the
ordinance, the ordinance says that the five appointments are at large.
Chairman Regalado: Well, do you want to nominate anybody?
Commissioner Teele: I like to nominate Melanie Rolle.
Chairman Regalado: Melanie Rolle, ok. Do you wish to nominate anybody?
Commissioner Winton: I've got a couple other -- three other names, if anybody wants to deal
with them. It's just Silvano from -- Bignon, from Greenstreet and there's Brad Wiser and Al
Johnson so I don't know if you all want to deal with any of those or not.
Chairman Regalado: How many do we need?
Commissioner Teele: They're at large, so that's four names. How many names total do you
need?
Ms. Thompson: All total from this particular instance we only need three. You already
nominated Ms. Melanie Rolle, so we need two more.
Commissioner Winton: Well you've already pulled up one, and then I got three more names. If
you want to pick two of these names, that's fine with me.
Chairman Regalado: And leave one if Commissioner Sanchez or Commissioner Gonzalez want
to pick two.
Commissioner Winton: Silvano Bignon and Al Johnson.
Chairman Regalado: Ok, you move that, and Commissioner Teele second, so it's three names for
the Coconut Grove. All in favor, say "aye."
The Commission (Collectively): Aye.
212 June 13, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02- 680
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND
MARKETING COMMITTEE: MELANIE ROLLE (nominated by Commissioner
Teele) SILVANO BIGNON (nominated by Vice Chairman Winton) AL
JOHNSON ( nominated by Vice Chairman Winton)
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 Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Joe Sanchez
52. APPOINT CHARLENIA BURGESS-RUTLAND AS MEMBER OF COMMUNITY
RELATIONS BOARD. (See #70).
Chairman Regalado: Code Enforcement Board has a Commission -at -large. Community Relations
Board, Commissioner Sanchez, I need to appoint one person to the Community Relations Board.
It would be Charlenia Rutland. Could you move this, Johnny.
Priscilla A. Thompson (City Clerk): Commissioner Regalado, we're on 23 or 24?
Chairman Regalado: 24.
Commissioner Winton: Commissioner Regalado, so you would like to move --
Ms. Thompson: I'm sorry, sir. According to our record here, Commissioner Sanchez has a
nomination on that board. Mayor Diaz has two. Let me check my record for you.
Chairman Regalado: But because one of my appointees resigned. She sent you a letter and sent
me a letter. That's why I am appointing Charlenia Rutland. That's my appointment. So moved.
Commissioner Teele: Second.
Commissioner Winton: So we have a motion and a second. Discussion? Being none, all in favor,
say "aye."
213 June 13, 2002
The Commission (Collectively): Aye.
Commissioner Winton: Motion carries.
The following motion was introduced by Chairman Regalado, who moved for its adoption:
MOTION NO. 02-681
A MOTION APPOINTING CHARLENIA BURGESS-RUTLAND AS A
MEMBER OF THE COMMUNITY RELATIONS BOARD.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Chairman Regalado: Thank you. The Community and Technology Advisory Board, Vice
Chairman Winton --
Commissioner Teele: Which item are we on?
Vice Chairman Winton: 25.
Chairman Regalado: We are on 25.
Vice Chairman Winton: Richard Paul-Hus.
Chairman Regalado: I'm sorry?
Vice Chairman Winton: And we need -- oh, we need -- is that four-fifths for a residency
requirement waiver?
Ms. Thompson: Yes.
Alejandro Vilarello (City Attorney): He doesn't meet it, so four-fifths vote.
Vice Chairman Winton: OK, so I can't think on that yet.
Commissioner Teele: What did you say?
214 June 13, 2002
Vice Chairman Winton: Where's Commissioner Sanchez? I was going to reappoint Richard
Paul-Hus, but he doesn't meet the residency requirements, so I can't do it yet.
Chairman Regalado: We need to appoint District 2, Historic Preservation Advisory Board. The
Mayor has and the Commission -at -large has an appointment. Would you want to proffer a name
for the Commission -at -large, to approve it?
Vice Chairman Winton: We -- I don't have a name for you, so --
Chairman Regalado: OK.
Vice Chairman Winton: -- I guess not.
Chairman Regalado: District 5, Historic Preservation, Commissioner Teele.
Commissioner Teele: I'm holding that because I'm really concerned about the support for these
boards.
Chairman Regalado: OK.
54. APPOINT DR. KERI LEE LIVINGSTONE AS MEMBER OF HEALTH FACILITIES
AUTHORITY.
Chairman Regalado: Johnny, you have an appointment on the Health Facilities Authority. Do
you want to --
Vice Chairman Winton: I think so. Where is that?
Chairman Regalado: It's Item 30.
Commissioner Winton: Item 30. Keri -- she's a doctor, right. Dr. Keri Lee Livingston.
Commissioner Teele: This is number 30. Second the motion.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
215 June 13, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-682
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
HEALTH FACILITIES AUTHORITY FOR A TERM AS DESIGNATED
HEREIN.
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 Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Joe Sanchez
55. APPOINT CANDIS TRUSTY, DAVID BERLEY AND ELI FEINBERG AS MEMBERS
OF FINANCE COMMITTEE. (See #71)
Commissioner Teele: On the City Finance Committee, 29, I would like to reappoint Ms. Trusty.
Commissioner Winton is currently held by David Berley.
Commissioner Winton: And -- yes, and so I'd like to reappoint David Berley.
Commissioner Teele: You have Eli Feinberg.
Chairman Regalado: I have Eli Feinberg to reappoint.
Commissioner Teele: I would move all three names, and Commissioner Gonzalez --
Chairman Regalado: Angel, we are doing some -- we'll go back to -- if you have appointments,
but we just moved -- you have an appointment for number 29. We're doing the Finance
Committee.
Commissioner Gonzalez: No, I would like to defer my appointment.
Chairman Regalado: OK. We have --
Commissioner Teele: Move the three names.
Chairman Regalado: We have the three names nominated.
216 June 13, 2002
Vice Chairman Winton: Second.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02- 680
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE FINANCE COMMITTEE: CANDIS TRUSTY (nominated
by Commissioner Teele) DAVID BERLEY (nominated by Vice Chairman
Winton) ELI FEINBERG (nominated by Chairman Regalado)
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
56. APPOINT RICHARD PAUL -HUS AND RENE ALFONSO AS MEMBERS OF
COMMUNITY TECHNOLOGY ADVISORY BOARD. (See #53).
Commissioner Teele: Commissioner --
Chairman Regalado: Commissioner Gonzalez.
Commissioner Teele: -- Winton could you go back and move the guy to the technology board?
It required four-fifths.
Commissioner Winton: Yeah, Richard Paul-Hus.
Commissioner Teele: With a waiver of residency.
Commissioner Winton: And need a waiver of residency.
Chairman Regalado: That --
Commissioner Teele: Second the motion.
217 June 13, 2002
Chairman Regalado: -- is Item 25. Commissioner Gonzalez, you also have an appointment on --
Commissioner Teele: Technology.
Chairman Regalado: -- Community --
Commissioner Gonzalez: Technology. OK, what do we -- OK, Rene Alfonso.
Chairman Regalado: Rene --
Commissioner Teele: Second the motion.
Chairman Regalado: -- Alfonso.
Commissioner Gonzalez: Alfonso.
Chairman Regalado: So we have two appointees.
Commissioner Teele: One with a waiver.
Chairman Regalado: One with a waiver, needs a four-fifths. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: You have the four-fifths.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-684
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY
TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
218 June 13, 2002
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
57. APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT FOR TERMS AS DESIGNATED HEREIN (See Sections 50,67).
Chairman Regalado: Commissioner Gonzalez, Bayfront Park Management Trust.
Commissioner Gonzalez: I'll reappoint Ralph Duharte.
Commissioner Teele: Second the motion.
Chairman Regalado: It's been moved and second. All in favor, say "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Gonzalez, who moved its adoption:
MOTION NO. 02-685
A MOTION APPOINTING RALPH DUHARTE AS A MEMBER OF THE
BAYFRONT PARK MANAGEMENT TRUST.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
219 June 13, 2002
58. APPOINT NAJIB TAYARA, WAYNE WYNN, ALLEN SWEENY, ANTONIO LLANO
MONTES, RAYMUNDO ESCARRA, FERNANDO FIGUEREDO, RAMON FLORES,
ROBERT DAVID CRUZ, IRMA SOLARES, RUBEN VALDES AND PETER BERNAL AS
MEMBERS OF INTERNATIONAL TRADE BOARD (See #73).
Commissioner Teele: Mr. Chairman, we were at 32.
Chairman Regalado: We were at 32, you're right.
Commissioner Teele: I would move the reappointment of Najib Tayara and Wayne Wynn.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded. Can we do this? We can do -- I'll appoint
Allen Sweeny, Antonio Llano Montes and Raymundo Escarra, all re -appointments.
Commissioner Gonzalez: Second.
Chairman Regalado: Vice Chairman Winton has --
Commissioner Winton: Yes, I would like to reappoint Fernando Figueredo, Ramon Flores, and
Tony Villamil for business reasons had to resign and I would like to replace him with Dr. Robert
David Cruz.
Commissioner Teele: Second the motion.
Chairman Regalado: Commissioner Gonzalez?
Commissioner Gonzalez: Where are we?
Chairman Regalado: 32, International Trade Board.
Commissioner Gonzalez: OK, reappoint Irma Solares, reappoint Ruben Valdes and I need a
four -fifth for Peter Bernal.
Chairman Regalado: OK, we have names for -- including a waiver of residency. We have a
motion.
Vice Chairman Winton: So moved.
Commissioner Gonzalez: Move.
Vice Chairman Winton: Second.
220 June 13, 2002
Chairman Regalado: And a second for all these appointees to International Trade Board. All in
favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 02- 686
A MOTION
APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF
THE INTERNATIONAL TRADE BOARD: NAJIB TAYARA
(NOMINATED
BY COMMISSIONER TEELE) WAYNE WYNN
(NOMINATED
BY COMMISSIONER TEELE) ALLEN SWEENY
(NOMINATED
BY CHAIRMAN REGALADO) ANTONIO LLANO MONTES
(NOMINATED
BY CHAIRMAN REGALADO) RAYMUNDO ESCARRA
(NOMINATED
BY CHAIRMAN REGALADO) FERNANDO FIGUEREDO
(NOMINATED
BY VICE CHAIRMAN WINTON) RAMON FLORES
(NOMINATED
BY VICE CHAIRMAN WINTON) ROBERT DAVID CRUZ
(NOMINATED
BY VICE CHAIRMAN WINTON) IRMA SOLARES
(NOMINATED
BY COMMISSIONER GONZALEZ) RUBEN VALDES
(NOMINATED
BY COMMISSIONER GONZALEZ) PETER BERNAL
(NOMINATED
BY COMMISSIONER GONZALEZ).
Upon being seconded by Commissioner 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
59. APPOINT RICHARD BERKOWITZ AND JOY INTRIAGO AS MEMBERS OF MIAMI
AUDIT ADVISORY COMMITTEE.
Chairman Regalado: 33, the Miami Audit Advisory Committee.
Commissioner Winton: I would like to reappoint Joy Intriago.
Chairman Regalado: OK. Commissioner Gonzalez?
Commissioner Gonzalez: I need to defer that.
221 June 13, 2002
Chairman Regalado: Commissioner Teele?
Commissioner Teele: I'll defer mine.
Chairman Regalado: I'll appoint Richard Berkowitz.
Commissioner Gonzalez: Second.
Commissioner Winton: And I'd like to add this committee's very active, so it important that you
all get your nominations in.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Chairman Regalado, who moved for its adoption:
RESOLUTION NO. 02-687
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
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
60. APPOINT IVES FROTUNE, CAROLYN COPE, BERNICE SAWYER, AND ARMANDO
SILVA-TRUJILLO AS MEMBERS OF MIAMI STREET CODESIGNATION REVIEW
COMMITTEE.
Chairman Regalado: We have the Miami Codesignation Review.
Commissioner Teele: I'd like to reappoint Mrs. Bernice Sawyer.
Commissioner Winton: And Carolyn Cope on my part.
Commissioner Gonzalez: And I reappoint Armando Silva -Trujillo.
222 June 13, 2002
Chairman Regalado: And I will reappoint Ives Fortune.
Commissioner Winton: So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-688
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET
CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED
HEREIN.
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
61. APPOINT JAMES MOSS, CAROLYN COPE, GUILLERMO REVUELTA AND
MONIQUE TAYLOR AS MEMBERS OF NUISANCE ABATEMENT BOARD.
Chairman Regalado: Item 35, the Nuisance Abatement Board.
Commissioner Teele: Move to reappoint James Moss.
Commissioner Winton: Carolyn Cope.
Commissioner Gonzalez: Guillermo Revuelta.
Chairman Regalado: Move to reappoint Monique Taylor.
Commissioner Teele: So moved all the appointments.
223 June 13, 2002
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-689
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE
ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN.
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
62. BRIEF COMMENTS ON OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION.
Chairman Regalado: The Occupational License Equity Study Commission, you all have an
appointment?
Commissioner Teele: Who created this Commission?
Chairman Regalado: You did.
Commissioner Teele: No, I didn't.
Chairman Regalado: Well, the Commission did.
Commissioner Teele: When does it get sunset? The sunset is July 24, 02 [sic]. Why do we want
to extend this? Why do we want to appoint it? If it sunsets in two months, let's give it a burial
and let it die.
Chairman Regalado: OK.
224 June 13, 2002
Commissioner Winton: Here, here.
63. DEFER APPOINTMENTS TO ORANGE BOWL ADVISORY BOARD
Chairman Regalado: 37, the Orange Bowl Advisory Board, Commissioner Teele, you have two
appointments. Commissioner Winton you have one appointment?
Commissioner Teele: Pass at this time.
Commissioner Winton: I don't have one at this time.
Chairman Regalado: Ok.
64. APPOINT CARLOS ARBOLEYA, SONNY ARMBRISTER, MILAGROS LOYAL, AND
ROBERT FLANDERS AS MEMBERS OF PARKS ADVISORY BOARD.
Chairman Regalado: The Parks Advisory Board.
Commissioner Teele: I'd like to reappoint Mr. Ambrister.
Commissioner Gonzalez: I reappoint Milagros Loyal.
Commissioner Winton: Reappoint Robert Flanders.
Chairman Regalado: And I'll reappoint Carlos Arboleya.
Commissioner Gonzalez: Second.
Vice Chairman Winton: So moved.
Chairman Regalado: We need Commission at -large appointment. Commission -at -large
appointment has to be a citizen with knowledge of local history.
Commissioner Teele: Can we make that appointment at the next meeting? We really ought to
try to find Miami residents here somewhere along the line.
Chairman Regalado: OK, but do we have the appointments by individual Commissioners. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
225 June 13, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-690
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
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
65. APPOINT JOHN BRENNAN, NEAL McALILEY, RICHARD DUBIN, STUART SORG,
JAMES WELLINGTON, JACK KING AND AMADOR VALDEZ AS MEMBERS OF
WATERFRONT ADVISORY BOARD. (See #87).
Chairman Regalado: The Waterfront Advisory Board, Vice Chairman Winton, you have two
appointments.
Commissioner Winton: Brennan, reappoint John Brennan and Neal McAliley.
Chairman Regalado: OK, Commissioner Gonzalez.
Commissioner Gonzalez: I reappoint Richard Dubin and Stuart Sorg.
Chairman Regalado: Commissioner Teele.
Commissioner Teele: I'm going to appoint James Wellington and I want to talk to Mr. Martin
about his excess absences before I reappoint. James Wellington.
Commissioner Winton: So moved.
Chairman Regalado: And I will reappoint Jack King and Amado Valdez.
Commissioner Winton: So moved.
Commissioner Gonzalez: Second.
226 June 13, 2002
Chairman Regalado: We have a motion and a second for the appointments for the Waterfront
Advisory Board. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-691
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE WATERFRONT ADVISORY BOARD: JOHN
BRENNAN (NOMINATED BY VICE CHAIRMAN WINTON) NEAL
MCALILEY (NOMINATED BY VICE CHAIRMAN WINTON) RICHARD
DUBIN (NOMINATED BY COMMISSIONER GONZALEZ) STUART SORG
(NOMINATED BY COMMISSIONER GONZALEZ) JAMES WELLINGTON
(NOMINATED BY COMMISSIONER TEELE) JACK KING (NOMINATED
BY CHAIRMAN REGALADO) AMADOR VALDEZ (NOMINATED BY
CHAIRMAN REGALADO)
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
66. APPOINT MEMBERS OF CITY COMMISSION AS CHAIRPERSONS, VICE -
CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES,
BOARDS, COMMITTEES AND AGENCIES.
Chairman Regalado: Members of the Miami City Commission as chairpersons, vice
chairpersons and/or members on various trusts, authorities --
Commissioner Teele: Mr. Chairman, it gives me great pleasure to nominate the Honorable
Mayor of the City of Miami to server effective September 30th on the Metropolitan Planning
Advisory Board.
Commissioner Gonzalez: Second.
Chairman Regalado: OK, is it here or --
227 June 13, 2002
Commissioner Teele: It's a bullet down here and it's MPO, about the tenth on down and I talked
to the Mayor and he's agreed to serve. I'd like to just finish out the fiscal year that we're in now
and let the Mayor begin on October 1.
Chairman Regalado: Ok we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02- 692
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
MAYOR MANUEL A. DIAZ AS A MEMBER OF THE METROPOLITAN
PLANNING ORGANIZATION.
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
Commissioner Teele: Mr. Chairman, in fairness, I think one of the things that we should ask
Commissioner Gonzalez is there any board that he would like to serve on or --
Chairman Regalado: We just appointed him as the Chairman of the annexation committee.
Commissioner Winton: And I want to resign from the South Florida Employment Training
Consortium chairmanship.
Chairman Regalado: OK.
Commissioner Winton: And we have the Florida League of Cities board on here also.
Chairman Regalado: Then could you chair one second, Johnny?
Commissioner Winton: Yes, I would.
Chairman Regalado: OK, motion to appoint Commissioner Johnny Winton as Chairman of
Downtown Development Authority.
228 June 13, 2002
Commissioner Gonzalez: Second.
Commissioner Teele: Why don't we just move the entire slate, unless we make changes.
Commissioner Winton: Right, I agree. I would agree with that, move the entire slate.
Commissioner Teele: We're on number 40 and we're asking is there anybody who wants to shift
around from a board other than resigning from boards and Johnny has already broke the code
because he's trying to resign from two things.
Chairman Regalado: I would like to resign also as --
Commissioner Teele: Hold up. Just so Commissioner Sanchez --
Commissioner Sanchez: I make a suggestion that we get a hat we put all the boards in and we
draw from the hat.
Chairman Regalado: No, really I would really like -- I really have to resign as the Commission
representative on the Greater Miami Convention and Visitors Bureau.
Commissioner Teele: But technically, as we read the law, only the Mayor can serve anyway, so
the way to do that would be to designate the Mayor as the person to serve, and in his absence,
designate an alternate Commissioner.
Vice Chairman Winton: Which could be Commissioner Regalado.
Commissioner Sanchez: Did you guys do Bayfront Park?
Chairman Regalado: The problem is that they have the meetings at 8 a.m. I am on the air at 8
a.m. I can never get to one of those meetings. It's impossible.
Commissioner Teele: Commissioner, let me do this. I move -- for the purpose of amendments, I
move item number 40 as stated. Now, everybody who wants to resign, let's just change it. The
first revision is I move that the MPO representative be Mayor Manny Diaz effective September
30, which is the end of the fiscal year.
Commissioner Sanchez: Second.
Commissioner Winton: And that's for the MPO?
Commissioner Teele: Yeah, that's for the MPO.
Commissioner Winton: And then you also need to move because Commissioner Regalado can't
do the --
229 June 13, 2002
Commissioner Teele: And then we should move Mayor Manny Diaz as the representative for
the Greater Miami Visitor's Bureau. As an amendment to number 40. I would move that and
Commissioner Gonzalez.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: As amended.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02- 693
A MOTION APPOINTING MAYOR MANUEL A. DIAZ AS A MEMBER OF
THE GREATER MIAMI CONVENTION AND VISITORS BUREAU.
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.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Regalado: Commissioner Sanchez, you have two appointments on the Waterfront
Advisory Board.
Commissioner Teele: No, Mr. Chairman, we're still on number 40. Those were just
amendments. Are there any other amendments? The Empowerment Zone, the Enterprise Zone
Advisory, Commissioner Gonzalez, I would be more than willing. You have more expertise than
any of us here on enterprise zones and the use of this, and I'd be pleased if you would consider
coordinating that function, and I'd be happy to nominate Commissioner Gonzalez to serve as the
member of the Enterprise Zone Advisory. I would so move.
Commissioner Winton: Second.
Commissioner Teele: Substituting myself for Commissioner Gonzalez.
230 June 13, 2002
Chairman Regalado: It's been moved and seconded. 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- 694
A MOTION APPOINTING COMMISSIONER ANGEL GONZALEZ AS A
MEMBER OF THE ENTERPRISE ZONE ADVISORY COUNCIL.
Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Commissioner Gonzalez: Thank you, Commissioner Teele.
Commissioner Teele: What about on the visit -- now the visitor education service fund trust, do
want to continue to serve on that, Tomas?
Chairman Regalado: It doesn't meet.
Commissioner Teele: It doesn't meet? All right on the South Florida Employment and Training
Consortium, wasn't here a big issue there, Johnny? Are you going to serve on that?
Commissioner Winton: If someone else wants it, I'd be happy to not do it, but if no one else
wants it, somebody's got to do it. It's a big deal. There's a lot of money here.
Commission Teele: That's a big deal. That's hundreds of millions of dollars. They're
restructuring the offices. They're moving from 19 offices or 30 offices down to 9 or 11.
Commissioner Winton: They are very responsive to what our needs are and so there's a lot of
money involved here.
231 June 13, 2002
Commissioner Teele: And then there's another one on here, the League of Cities. I'll be happy
to serve on the Florida League if somebody else doesn't, but I'll be more than happy to let
somebody --
Commissioner Sanchez: I sit on it right now.
Commissioner Teele: OK, you sit on the Dade League.
Commissioner Sanchez: No, no.
Commissioner Teele: The Florida League is Willy Gort. I would move Commissioner Sanchez
to be the Florida League of Cities representative and the meetings are going to be this August I
think in Bradenton or somewhere, so make sure you represent us well.
Vice Chairman Winton: Second.
Commissioner Gonzalez: Second.
Commissioner Sanchez: I always do.
Commissioner Teele: Mr. Chairman, unless there are other changes, Latin Festival, you got
that?
Commissioner Winton: Unless there are other changes, move the rest of the slate.
Commissioner Teele: I would move the item number 40, as amended.
Vice Chairman Winton: Second.
Commissioner Sanchez: Second.
Chairman Regalado: All in favor, say "aye."
The Commission (collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02- 695
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS,
VICE CHAIRPERSON AND/OR MEMBERS ON VARIOUS TRUSTS,
AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS
AS DESIGNATED HEREIN.
232 June 13, 2002
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.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
67. APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT FOR TERMS AS DESIGNATED HEREIN (See Sections 50, 57).
Chairman Regalado: OK. Commissioner Sanchez needs to make appointments, so we're going
to start with him. Item 21, Bayfront Park Trust.
Commissioner Sanchez: Yes. The appointment of Bayfront Park, I move Paul Singerman.
Commissioner Teele: Second.
Vice Chairman Winton: Second. Third.
Commissioner Teele: Commissioner Winton was prepared to move all three names, but he
decided to defer until you got here as at -large. Mr. Chairman, we wanted your advice.
Vice Chairman Winton: Absolutely.
Commissioner Sanchez: Who are your at -large?
Commissioner Teele: There are three at -large members.
Commissioner Sanchez: Who did you -- who are they?
Vice Chairman Winton: Ruth Greenfield, Monk Terry, and Elena Carpenter.
Commissioner Sanchez: Very good. Second.
Commissioner Teele: You want to move them?
Commissioner Sanchez: Yes, sir. No, I'll second yours.
Vice Chairman Winton: Well, but we deferred because you're the Chairman and we
233 June 13, 2002
Commissioner Sanchez: OK. Yeah.
Commissioner Teele: You'll move them?
Commissioner Sanchez: Yeah.
Vice Chairman Winton: OK. Second.
Chairman Regalado: OK. We have the motion for the three members at -large --
Commissioner Teele: And the member by Commissioner --
Chairman Regalado: Plus the member by Commissioner Sanchez.
Commissioner Sanchez: Paul Singerman. We just reappoint Paul Singerman.
Chairman Regalado: OK. All in favor, say "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-696
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
Upon being seconded by 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.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
234 June 13, 2002
68. RESCINDING PRIOR VOTE WHICH HAD APPOINTED MELLANIE ROLLE AS
MEMBER OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE.
APPOINT JIM FLANNIGAN, AL JOHNSON AND SILVANO BIGNON AS MEMBERS OF
COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE (See #51).
Chairman Regalado: Commissioner Sanchez, you have --
Commissioner Sanchez: Mr. Chairman, on 22, Coconut Grove Special Events Marketing
Committee, I so name Tim Flannigan.
Priscilla A. Thompson (City Clerk): We finished all those.
Commissioner Teele: Second the motion.
Commissioner Winton: Those are all at large. Those are not individual Commission seats.
Chairman Regalado: No, we still have one. Remember Johnny.
Commissioner Sanchez: I have a Commission appointment.
Chairman Regalado: We still have one.
Commissioner Winton: No, we don't. She has it wrong here. That is not correct.
Ms. Thomspson: That is correct.
Chairman Regalado: We still have one more to go.
Commissioner Winton: No, I think we voted on three last time. I will take one back.
Commissioner Teele: I'll tell you this, let me revoke the name of Melanie Rolle. I've not
discussed it with her. I would move to revoke that name at this time.
Chairman Regalado: No, you don't have to. We still have one, remember.
Commissioner Teele: No. Johnny made two appointments. I made one.
Chairman Regalado: And we needed four.
Ms. Thompson: You only had three vacancies.
Commissioner Winton: No, there were only three, and they're all at large. None of them are
individual. This is wrong.
235 June 13, 2002
Commissioner Sanchez: OK, if it's wrong, fine.
Commissioner Teele: Let me move to revoke one name, please. I would so move.
Chairman Regalado: It's been moved and seconded. All in favor to revoke the name, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02- 697
A MOTION RESCINDING PRIOR VOTE ON MOTION 02-680, WHICH HAD
APPOINTED MELLANIE ROLLE AS A MEMBER OF THE COCONUT
GROVE SPECIAL EVENTS AND MARKETING COMMITTEE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: That leaves a vacancy.
Commissioner Sanchez: Leaves a vacancy and I'd like to appoint Tim Flannigan.
Commissioner Teele: Second the motion.
Vice Chairman Winton: Second.
Chairman Regalado: It's been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
236 June 13, 2002
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 02- 698
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE
SPECIAL EVENTS AND MARKETING COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
69. APPOINT MANNY CHAMIZO AS MEMBER OF CODE ENFORCEMENT BOARD.
Chairman Regalado: Code Enforcement Board, Commissioner Sanchez, you have an
appointment.
Commissioner Sanchez: Reappoint Manny Chamizo, and also on the Coconut Grove Special
Event and Marketing Committee it's Jim Flannigan, not Tim.
Commissioner Teele: So moved, Mr. Chairman.
Chairman Regalado: It's been moved and seconded.
237 June 13, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02- 699
A RESOLUTION OF THE MAIMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A REGULAR MEMBER OF THE CODE ENFORCEMENT
BOARD FOR TERMS AS DESIGNATED HEREIN.
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.
70. APPOINT ELENA DEL MONTE AND CHARLENIA BURGESS-RUTLAND AS
MEMBERS OF COMMUNITY RELATIONS BOARD. (See #52).
Chairman Regalado: Commissioner Sanchez, Community Relations Board.
Commissioner Sanchez: I would like to reappoint Elena Del Monte.
Commissioner Teele: Second the motion. Call a question.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-700
A RESOLUTION OF THE MIAMI CITY COMMISION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY
RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.
238 June 13, 2002
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
71. APPOINT CANDIS TRUSTY, DAVID BERLEY, ELI FEINBERG AND TIM KEEGAN
AS MEMBERS OF FINANCE COMMITTEE. (See #55).
Commissioner Sanchez: On the Equal Opportunity Advisory Board, I'd like to defer at this time.
Commissioner Teele: Without Objection.
Chairman Regalado: Equal Opportunity deferred. Finance Committee, you have one
appointment.
Commissioner Sanchez: Finance, I do. Tim Keegan
Commissioner Teele: Second the motion. Call the question.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02- 701
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE
FOR TERMS DESIGNATED HEREIN.
239 June 13, 2002
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
72. APPOINT MIGUEL SECO, JORGE ZAMANILLO, RAI FERNANDEZ AND MERCEDES
LAMAZARES AS MEMBERS OF HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD.
Chairman Regalado: OK. We need to do 31, which we have not made any appointment at all.
That's the Historic and Environmental Preservation Board, and let me tell you, that board could
be --
Commissioner Teele: That board is going to become a very powerful and important board.
Chairman Regalado: Yeah, because it could be your hopes for a more unified -- I would like to
appoint to this board Rai Fernandez and Mercedes Lamazares.
Commissioner Teele: Second the motion. All those in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Chairman Regalado, who moved for its adoption:
MOTION NO. 02-702
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD: RAI FERNANDEZ (nominated by Chairman Regalado) MERCEDES
LAMAZARES (nominated by Chairman Regalado)
240 June 13, 2002
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: Commissioner Teele, you have an appointment. Commissioner Gonzalez,
you have two appointments.
Commissioner Gonzalez: OK, I would like to proffer Miguel Seco and Jorge Zamanillo.
Commissioner Teele: Second the motion. Call the question.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-703
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS
DESIGNATED HEREIN.
Upon being seconded by Commissioner 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.
241 June 13, 2002
73. APPOINT NAJIB TAYARA, WAYNE WYNN, ALLEN SWEENY, ANTONIO LLANO
MONTES, RAYMUNDO ESCARRA, FERNANDO FIGUEREDO, RAMON FLORES,
ROBERT DAVID CRUZ, IRMA SOLARES, RUBEN VALDES, BOB RODRIGUEZ,
CAROLE ANN TAYLOR AND PETER BERNAL AS MEMBERS OF INTERNATIONAL
TRADE BOARD (See #58).
Commissioner Teele: Mr. Chairman, can we get ready? The CRA (Community Redevelopment
Agency) staff is -- we noticed them for 5 o'clock. We spent about $8,000 in consultant fees.
Thank God they don't have contracts.
Vice Chairman Winton: Thank God.
Chairman Regalado: The only thing we want to do now is just finish this International Trade
Board, Commissioner Sanchez.
Commissioner Sanchez: I'd like to reappoint Bob Rodriguez and Carole Ann Taylor at this time.
Commissioner Teele: Second the motion.
Chairman Regalado: Ok all in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02- 704
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE INTERNATIONAL
TRADE BOARD FOR TERMS AS DESIGNATED HEREIN.
242 June 13, 2002
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Note for the Record: At 9:04 p.m., the City Commission recessed to convene the meeting of the
Community Redevelopment Agency.
74. (A) RECEIVE MONTHLY FINANCIAL STATEMENTS AS OF APRIL 30, 2002.
(B) BRIEF COMMENTS ON PROPOSED AUTHORIZING OF PIGGYBACKING OFF
CITY'S CONTRACT UNDERWRITING AND FINANCIAL ADVISORY FIRMS.
Chairman Regalado: OK. We'll recess the City Commission meeting and start the CRA
(Community Redevelopment Agency).
Chairman Teele: Very briefly, Ms. Lewis.
Board Member Regalado: Mr. Chairman?
Chairman Teele: Come on, Ms. Lewis, please. Please, Ms. Lewis, come right on. All right. A
resolution receiving the monthly financial statements is presented before us. Is there a motion
just to receive it?
Vice Chairman Winton: So moved.
Chairman Teele: Is there a second?
Board Member Gonzalez: Second.
Chairman Teele: All those in favor, say "aye."
The Board Members (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. SEOPW/CRA 02-106
OMNI/CRA 02-43
243 June 13, 2002
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) RECEIVING THE MONTHLY
FINANCIAL STATEMENTS AS OF APRIL 30, 2002, AS PRESENTED BY
THE CHIEF FINANCIAL OFFICER OF THE CRA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Joe Sanchez
NAYS: None
ABSENT: Board Member Tomas Regalado
Chairman Teele: Resolution authorizing the piggybacking for the underwriting and advisory
firm services. Is there a motion?
Board Member Sanchez: Which is -- item 2?
Chairman Teele: 1-B. 1-B.
Board Member Gonzalez: So moved.
Chairman Teele: Moved by Commissioner Gonzalez. Is there a second?
Vice Chairman Winton: Second.
Chairman Teele: Is there objection? Commissioner Sanchez.
Board Member Sanchez: What item is that, sir?
Chairman Teele: 1-B.
Board Member Sanchez: 1-B?
Chairman Teele: Piggybacking.
Vice Chairman Winton: I don't see a 1-B.
Board Member Sanchez: I don't see a 1-B.
244 June 13, 2002
Board Member Gonzalez: I don't see a 1-B. I see one.
Board Member Sanchez: I see 1.
Vice Chairman Winton: I don't see 1-B either, even though I moved it.
Chairman Teele: 1-B is to piggyback advisory services. I saw an email from the Manager on it.
Vice Chairman Winton: We're just trying to find it.
Annette Lewis (Executive Director, CRA): It's from --
Board Member Sanchez: All right.
Chairman Teele: Ms. Lewis, where --
Ms. Lewis: It's under Item 1.
Chairman Teele: 1-B.
Ms. Lewis: It's a few pages --
Chairman Teele: Well, let's temporarily pass over it. Let's get the resolutions, et cetera.
75. AUTHORIZE EXECUTIVE DIRECTOR TO PIGGY PACK OFF CITY'S FY '02-'04
CONTRACT WITH H.J. ROSS, $600,000, BETWEEN SEOPW & OMNI DISTRICTS.
Chairman Teele: All right. Let's go to 2. There were questions about 2 from Commissioner
Gonzalez --
Board Member Sanchez: Sanchez.
Chairman Teele: Commissioner Sanchez, and we'd like to make sure those questions are
clarified.
Board Member Sanchez: Yes, sir. On number 2, there is a -- needed a breakdown of the
$343,000. There wasn't a breakdown on that. And just going from the 200 to the 400 to the 600
was a $400 increase. What I would like to do -- and --
Vice Chairman Winton: Where are you?
Board Member Sanchez: Number 2.
Chairman Teele: We're on number 2.
245 June 13, 2002
Board Member Sanchez: That's number 2, which is the H.J. Ross. Just want to make sure that
we vote on -- listen. Writing the $700,000 a check -- a blank check is a great concern to me. I
think accountability is important here. And I would like to be -- to feel comfortable. I would
like to see a work order for us to, on an individual project, on each project, how much it's going
to be, so I could vote on that. Because I certainly don't feel comfortable just handing you a
$700,000 check, not knowing exactly what you're going to do with that money. That's how I
feel about it.
Chairman Teele: All right. The information should have been provided.
Annette Lewis (Executive Director of CRA): Well, the breakdown of the existing contract is
there. The increase --
Board Member Sanchez: Well, not the three hundred and $343,000.
Chairman Teele: Yes, it is.
Ms. Lewis: Well, sir, the work orders are there. The request for service.
Chairman Teele: Let me try to explain one thing. Unlike the City of Miami, the CRA
(Community Redevelopment Agency) does not have a Public Works Department, nor do we seek
to have one. H.J. Ross -- and this is the model that currently the Miami -Dade Expressway
Authority, for example, uses. H.J. Ross is the, quote, "consulting engineer." The word
"consulting engineer" is a term of art. It's not just an engineer. It's the engineering firm that
does the work. In other words, H.J. Ross is an extension of the staff, as long as there are
projects. They hire -- for example, the technology person, who keeps the computers running, is
an employee of H.J. Ross. They may be stationed in the CRA. The work authorizations, for
example, for all of the other firms that go out, every architectural firm, every engineering firm,
H.J. Ross drafts that, reviews it, and sends it up to the CRA for approval. As opposed to us
hiring a Public Works Department, our Public Works Department is the consulting engineer.
Our previous consulting engineer was Civil Cadd. Our current consulting engineer is H.J. Ross.
And, so, that contract is a program contract, as opposed to hiring staff. So, many of the technical
services -- the CRA staff, if you look at -- and with all due respect to Mr. Grant, who is an
architect trained -- the CRA is largely financial administrative personnel. We've not gone out
and hired three engineers and an architect and this. H.J. Ross is all of that in one. When their
contract is over, we don't have any employment obligations and responsibilities, and that is, in
effect, the annual cost of running a program such as this. They supervise our architects and
engineers. Candidly, the thing that we learned about the Civil Cad contract, as consulting
engineer, is that we don't allow our consulting engineer to do architect and engineering projects,
at all. Civil Cadd, as consulting engineer -- one of the things that H.J. Ross came in and
reviewed is, they recommended that the consulting engineer not do architectural and engineering
projects, specifically -- unless specifically authorized by the Board. Margaret Pace Park, the
firm that is out there inspecting the contractor everyday is H.J. Ross. They're doing the
inspection services. So, everybody who's working for us is, technically, under the consulting
engineer. And, so, don't look at the consulting engineer as doing projects, because they don't do
projects. They do inspection services, and they do contract management of our architects,
246 June 13, 2002
engineers, and other professionals, as well as providing the administrative support to the office.
They have -- what do you have, a full-time -- two full-time people in the CRA office?
Cesar Calas: That's correct, Commissioner.
Chairman Teele: So, if there is a technical question, we have those questions answered and
resolved by H.J. Ross. And that is the role of a consulting engineer. If you look at MDX, for
example, the comparable contract for MDX, I believe, is $18,000,000 a year. OK. Eighteen
million dollars a year. And if you look at your Public Works Department, for example, and you
look at capital projects -- if you look at the capital project of Public Works and the capital project
budgets that we're trying to administer, they are relatively comparable at this point. And the
reason for that is, we use a consulting engineer. Otherwise, we'd wind up spending all of our
time hiring staff and --
Vice Chairman Winton: Managing.
Chairman Teele: -- trying to manage them. And by the time they figure out where the
bathrooms are, you know, you're in another box. So, H.J. Ross does not do projects. They do
get work authorizations, specifically. But those work authorizations are to do specific tasks. For
example, the 9th Street Mall. When that project is built, they have a specific line item to do
inspections of that work. The Margaret Pace Park, right now they're doing the -- all of the
interface with the Department of Transportation, which is enormous, is being done through H.J.
Ross. They are an extension of your staff. And one of the issues that we've asked the Director
to do is make sure that the consulting engineer is there, because a lot of the technical questions
need to be resolved by the consulting engineer. It's a reasonably normal process, if you don't
hire staff to do things, and you can do one of two models. You can hire staff or you can contract
with staff. H.J. Ross is contracted staff to the CRA. So, on the motion --
Board Member Sanchez: Well, just to clarify something. The reason why it's here before us
today is because, in the last meeting, I didn't have the proper documentation.
Chairman Teele: There was not back up.
Board Member Sanchez: Exactly.
Chairman Teele: Sufficient back up.
Board Member Sanchez: Today we have it. But I just want to make sure it's $600,000, not
$700,000.
Chairman Teele: Ms. Lewis.
Ms. Lewis: Yes, it is 600,000.
Board Member Sanchez: Because there was one for 700,000, too.
247 June 13, 2002
Chairman Teele: What's the full piggyback?
Board Member Sanchez: Six hundred.
Ms. Lewis: Six hundred thousand.
Board Member Sanchez: OK.
Chairman Teele: All right. The base core staffing component, in administrative support, is
probably at about 200 -- 250 -- $300,000. If you go and you look at your County and City Public
Works Departments, that would be about three or four full-time staff people, with staff. So,
that's it. And I would say Mr. Calas is probably about 30, 40 percent with the CRA, including
Saturdays and Sundays.
Mr. Calas: That's correct, sir.
Board Member Sanchez: And I don't doubt that. My concern is that I feel much, much
comfortable seeing working orders, and putting the numbers on paper.
Chairman Teele: All right.
Mr. Calas: Well, Commissioner, I think -- if you see, I think you've got a copy of the work
orders that we have had. But like Commissioner Teele said, it's very hard when -- you know,
consultant -- just see work orders that with us specifically, because we do support the CRA staff,
and all of the projects are ongoing. So, we attend meetings with the CRA staff, we advise them,
we -- well, I personally check all -- the work orders are other consultants, and I make sure I sign
off on it before the other CRA staff do that. So, it's very hard to quantify those things for you.
And let's say, you know, I'm going to spend so much time doing this, if it's not a specific
project, per se, because we're looking globally at the whole CRA budget and projects.
Chairman Teele: Motion.
Board Member Gonzalez: Mr. Chairman?
Commissioner Teele: Commissioner.
Vice Chairman Winton: Did we not move it?
Commissioner Teele: It was moved and second, but we're for discussion.
Board Member Sanchez: Discussion.
Chairman Teele: Commissioner Gonzalez.
Board Member Gonzalez: Just for a point of clarification. I'm reading on the back-up
document, that was just handed to me, we mentioned $600,000 at one point. Now, is this here
248 June 13, 2002
the approved contract for H.J. Ross, is in the amounts of seven hundred thousand. However,
both work orders, today, are $642,020, leaving a balance of 57,980. So --
Board Member Sanchez: All different numbers.
Board Member Gonzalez: So, is it 600 or --
Board Member Sanchez: It's $600,000. That's on the record.
Ms. Lewis: That's why we're increasing it by another $600,000, sir.
Board Member Gonzalez: OK. You're increasing it?
Board Member Sanchez: What are you increasing by $600,000?
Ms. Lewis: Because we're piggybacking off of the City contract.
Board Member Gonzalez: Then we're talking a million, two hundred, right?
Board Member Sanchez: But this approval says $600,000.
Chairman Teele: Ms. Lewis, did you read the document? Did you see what he said? Did you
read what he said? On the second page, he says the approved contract is in the amount of
700,000, however, work orders to date are 642, leaving a balance of fifty-seven nine.
Board Member Gonzalez: Nine eighty.
Chairman Teele: Now, is it -- is the contract -- what is the amount of the City contract? You
cannot piggyback for more than the piggyback.
Mr. Calas: Let me explain what I wrote there, because I wrote it myself. You previously
approved, originally --
Board Member Sanchez: Two hundred thousand.
Mr. Calas: --$200,000.
Board Member Sanchez: Yes, sir.
Mr. Calas: And that was --
Vice Chairman Winton: When was that?
Mr. Calas: -- and that was increased later on to $300,000. In March of 25th, I think it was, if I'm
not mistaken, it was increased to $700,000, which was our original contract with the City. Those
are the $700,000 that you approved on March 25th and I gave you breakdown against those
249 June 13, 2002
$700,000. I think, today, what we're doing is, we have a new contract with the City for fiscal
year 02/04 for $600,000, and --
Board Member Gonzalez: So, the total contract, then, is $1,300,000, right?
Mr. Calas: If you amend it today, yes, sir.
Board Member Sanchez: OK. Call the question.
Chairman Teele: All those in favor --
Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. I'm sorry. I missed the maker
and the seconder of the motion. I'm sorry.
Vice Chairman Winton: I'll move it.
Board Member Gonzalez: I'll second.
Ms. Thompson: Thank you.
Chairman Teele: All those in favor, say "aye."
Board Member Sanchez: One "no."
Chairman Teele: One "no."
The following resolutions were introduced by Vice Chairman Winton, who moved for their
adoption:
RESOLUTION NO. SEOPW/CRA 02-107
OMNI 02-44
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO PIGGY
PACK OFF THE CITY OF MIAMI'S FY '02-'04 CONTRACT WITH H.J.
ROSS FOR THE FULL CONTRACT AMOUNT OF $600,000 BETWEEN THE
SEOPW & OMNI DISTRICTS SUBJECT TO THE AVAILABILITY OF
SEOPW TIF AND GENERAL FUNDS FROM ACCOUNT NUMBERS
689001.550108, AND 689004.550011.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE
EXECUTIVE DIRECTOR TO PIGGY PACK OFF THE CITY OF MIAMI'S FY
'02-'04 CONTRACT WITH H.J. ROSS FOR THE FULL CONTRACT
250 June 13, 2002
AMOUNT OF $600,000 BETWEEN THE SEOPW & OMNI DISTRICTS
SUBJECT TO THE AVAILABILITY OF OMNI TIF AND GENERAL FUNDS
FROM ACCOUNT NUMBER 686001.590320.6.860.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Gonzalez, the resolutions were passed and adopted by
the following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
NAYS: Board Member Joe Sanchez
ABSENT: Board Member Tomas Regalado
Chairman Teele: OK. Now, on number 3, ATC is the engineering firm.
Alejandro Vilarello (City Attorney): Mr. Chairman, just one issue. Because the Clerk has
picked up these items, and the Omni CRA gets picked up in the same motion. It was not the
intent of the Board to also adopt an Omni resolution to this effect, was it?
Chairman Teele: We always adopt companion resolutions, so that the work can be in either one.
Mr. Vilarello: OK. So, then, the motion was intended to adopt both, the Southeast
Overtown/Park West --
Chairman Teele: And the Omni.
Mr. Vilarello: -- and the Omni?
Chairman Teele: Exactly.
Mr. Vilarello: For $600,000 each?
Chairman Teele: No.
Ms. Lewis: No.
Chairman Teele: For a total of 600,000.
Mr. Vilarello: For the total.
Vice Chairman Winton: For a total of six hundred thousand.
251 June 13, 2002
Chairman Teele: Exactly.
Mr. Vilarello: All right. Then the only one other issue, if H.J. Ross' agreement with the City is -
- the one that the CRA is piggybacking off of is of a total of the $600,000, that uses up that entire
allotment of $600,000.
Vice Chairman Winton: Use up whose entire -- is the allotment only --
Mr. Vilarello: The allotment of the contract. It's up to that maximum amount.
Chairman Teele: Let me tell you what's confusing. And I -- I mean, nobody wants to get into
the problem. But one of the problems is this: the contract that was piggybacked, initially --
when does that contract expire?
Mr. Calas: September, this year, sir.
Chairman Teele: September, this year.
Mr. Calas: Yes, sir.
Chairman Teele: Which you have a contract -- do you have a written contract, yet?
Mr. Calas: Correct, sir.
Chairman Teele: When did you get it?
Mr. Calas: The new one?
Chairman Teele: The old one. I'm talking about from the CRA.
Mr. Calas: The old one, we got it --
Chairman Teele: From the CRA.
Mr. Calas: From the CRA? No, I haven't gotten it, sir.
Chairman Teele: OK. So, the problem is, this work has been going on -- it's been done, it's
been executed, but the contracts have not been issued, OK? We're moving past the first contract
to the second contract, which the City has issued, and that's what we're piggybacking now.
Mr. Vilarello: And that was what I was talking about.
Chairman Teele: Exactly, the 600,000. All right.
Vice Chairman Winton: Well, now, I'm -- Mr. City, I'm not sure I understand what you're
saying.
252 June 13, 2002
Mr. Vilarello: The --
Vice Chairman Winton: And maybe I don't even understand "piggyback."
Mr. Vilarello: Well, this is --
Vice Chairman Winton: I thought I did, until tonight.
Mr. Vilarello: The consulting contract -- what the City has done is, the City has issued a list of
qualified vendors in a particular area, and each of those, on the rotation, have a maximum of up
to $600,000.
Chairman Teele: Each one has its own individual amount.
Mr. Vilarello: Correct.
Vice Chairman Winton: Oh. And the maximum amount --
Mr. Vilarello: And when you piggyback --
Vice Chairman Winton: -- on the City's contract is six hundred thousand.
Mr. Vilarello: As I understand it, it's $600,000.
Vice Chairman Winton: And, so, what we've just done is, the CRA has taken the City's entire
allocation of $600,000?
Chairman Teele: No, no, no, no, you're not taking allocation.
Vice Chairman Winton: No. Well --
Mr. Vilarello: You're --
Vice Chairman Winton: It's the City's --
Mr. Villarello: -- you're exhausting --
Vice Chairman Winton: We're exhausting what the City has approval for.
Mr. Vilarello: -- H.J. Ross' potential --
Chairman Teele: No.
Mr. Vilarello: -- contract.
253 June 13, 2002
Chairman Teele: Don't use the term "exhausted."
Vice Chairman Winton: Well, it's the only term I could --
Chairman Teele: The City contract remains as is unexhausted -- unexpended.
Mr. Vilarello: Correct.
Chairman Teele: The City contract remains just like it is for $600,000. A piggyback is the same
thing we do if we go over to Jackson and buy cups or medical gloves from Jackson. We don't
expend any of the cups that they award in the contract. We're just buying off of that contract.
So, the piggyback --
Vice Chairman Winton: So, it doesn't take any allocation?
Chairman Teele: Absolutely not. And to use the term "exhausting" is a little bit --
Vice Chairman Winton: Well -- because, see, I thought that's what he was saying.
Mr. Vilarello: That's exactly what I'm saying.
Vice Chairman Winton: That's why I'm raising this question.
Chairman Teele: That's not what a piggyback does.
Mr. Vilarello: Well, it does when you're dealing with the Competitive Negotiations Act. That's
the difference between the example that you gave and architects, engineers, and professional
consultants. It doesn't impact H.J. Ross, at all, except that H.J. Ross would not be able to do
work for the City under that contract.
Vice Chairman Winton: Until we --
Chairman Teele: That is not what the personnel -- that is not what the Purchasing Director has
opined in writing. That's not what the County Attorney has opined in writing. In fact --
Mr. Vilarello: I'd be happy to take a look at that, Commissioner.
Chairman Teele: Well, in fact, I gave you a copy of that, where the Performing Arts Center
piggybacked off of the airport miscellaneous contract for all of the work that's going on now.
It's a piggyback.
Mr. Vilarello: The Competitive Negotiation Act specifically requires that, but I'll be happy to
take a look at it. In fact, I'm reexamining it on another issue.
Vice Chairman Winton: So, you'll look at it. We vote and we'll figure out --
254 June 13, 2002
Mr. Vilarello: And if it's a problem, I'll bring it back to the Board's attention.
Vice Chairman Winton: Right.
Ms. Lewis: And just to clarify, the resolution does read that the contract, in the amount of
600,000 between the SEOPW (Southeast Overtown/Park West) and Omni districts. So, that was
already clarified.
[INAUDIBLE COMMENTS OFF THE RECORD.]
76. AUTHORIZE CRA TO PIGGYBACK OFF CITY'S FY ' 02-' 04 CONTRACT WITH ATC
GROUP SERVICES, INC., $600,000, BETWEEN SEOPW AND OMNI DISTRICTS.
Vice Chairman Winton: OK. What's the next item?
Chairman Teele: The next item is resolution 3, piggy backing for environmental services. And,
as you know and as you've read, there has got to be an environmental on everything you do
today. There is absolutely --
Vice Chairman Winton: Absolutely. No question.
Chairman Teele: -- no way you can do anything without environmental. And our environmental
firm is the City selected firm. And, again, one of the things that the CRA (Community
Redevelopment Agency) is not doing is going out buying -- issuing procurements, except for
construction activities.
Vice Chairman Winton: So moved. Item 3.
Chairman Teele: Commissioner Gonzalez, would you second the item?
Board Member Gonzalez: Second.
Chairman Teele: All those in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: Opposed?
255 June 13, 2002
The following resolutions were introduced by Vice Chairman Winton, who moved for its
adoption:
RESOLUTION NO. SEOPW/CRA 02-108
OMNI/CRA 02-45
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE CRA TO PIGGYBACK OFF THE
CITY OF MIAMI'S FY '02-'04 CONTRACT WITH ATC GROUP SERVICES,
INC., FOR THE FULL CONTRACT AMOUNT OF $600,000 BETWEEN THE
SEOPW AND OMNI DISTRICTS AND FURTHER AUTHORIZING THE CRA
EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT IN A FORM
ACCEPTABLE TO THE CRA GENERAL COUNSEL, SUBJECT TO THE
AVAILABILITY OF SEOPW TIF AND GENERAL FUNDS FROM
ACCOUNT NUMBERS 689001.550108 AND 689004.550011.
AND
RESOLUTION NO. OMNI/CRA 02-45
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE
CRA TO PIGGYBACK OFF THE CITY OF MIAMI'S FY ' 02-' 04 CONTRACT
WITH ATC GROUP SERVICES, INC., FOR THE FULL CONTRACT
AMOUNT OF $600,000 BETWEEN THE SEOPW AND OMNI DISTRICTS
AND FURTHER AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO
EXECUTE A CONTRACT IN A FORM ACCEPTABLE TO THE CRA
GENERAL COUNSEL, SUBJECT TO THE AVAILABILITY OF OMNI TIF
AND GENERAL FUNDS FROM ACCOUNT NUMBER 686001.590320.6.860.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Gonzalez, the resolutions were passed and adopted by
the following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Joe Sanchez
NAYS: None
ABSENT: Board Member Tomas Regalado
77. AUTHORIZE CRA TO PIGGYBACK OFF CITY'S FY '02-'04 CONTRACT WITH
ZYSCOVICH FOR ARCHITECTURAL SERVICES, $600,000.
256 June 13, 2002
Chairman Teele: The next one is the contract relating to -- I never pronounce the name correctly.
Would you read the resolution, Ms. Lewis, correctly, into the record?
Annette Lewis (Executive Director, CRA): A resolution of the Board of Directors of the
Southeast Overtown/Park West Community Redevelopment Agency authorizing the CRA
(Community Redevelopment Agency) to piggy back off the City of Miami's fiscal year '02 and
'04 contract with Zyscovich for architectural services --
Unidentified speaker: Zyscovich.
Ms. Lewis: Zyscovich, beg your pardon. For architectural services --
Chairman Teele: At least I know I can't say it.
Ms. Lewis: -- as detailed in "Exhibit A," for the full contract amount of 600,000; and
authorizing the Executive Director to issue the work orders, as detailed in "Exhibit B," subject to
the availability of Southeast Overtown/Park West TIF (Tax Increment Fund) funds from account
number 689001.550108; further authorizing general counsel to expedite the execution of said
contracts.
Vice Chairman Winton: So moved, with a question.
Board Member Gonzalez: Second for discussion.
Board Member Sanchez: Discussion.
Chairman Teele: Second for discussion: Commissioner Sanchez, Commissioner Winton.
Board Member Sanchez: Mr. Chairman, on the request for service for the Mason Lodge
convention project, this is a --
Commissioner Teele: Masonic Lodge.
Board Member Sanchez: -- a long-term lease agreement? Is this a short-term or long-term lease
agreement?
Chairman Teele: The agreement that we have right now is a year-to-year agreement, with a
condition -- it's a nominal amount for us to do the feasibility and the design, with the
understanding, from the Lodge, that has appeared before us several times, that if we decide to go
into this, they will turn this into a 30 -year lease agreement with us.
Board Member Sanchez: So, there is a -- there is an agreement for a long-term lease agreement.
If we're going to put $228,000 into it --
257 June 13, 2002
Chairman Teele: We're not going to put a dollar into it, until we have a plan and we see if it
works. What we've got to do first is make sure that we can fit, and it makes sense to the
Manager and to the Police Chief.
Board Member Sanchez: That's fine, Commissioner, but there's three work orders here that are
allocating money to that project.
Chairman Teele: It's actually two, but go ahead. One of them references the project, but it's
actually a separate thing.
Board Member Sanchez: OK.
Chairman Teele: All right. Next question. Commissioner Winton.
Vice Chairman Winton: Well, it probably -- speaking of piggy backing, it probably piggybacks
a bit on Commissioner Sanchez', because I wasn't clear here. What I was originally going to ask
is, with this contract and the one we approved before, which was the environmental one, I was
assuming that these are maximum amounts we would spend, but that the expenditures for both
this one and the prior one, we would figure out what they might be over time --
Chairman Teele: What they really are. But these are not to exceed -- and this gives what
Commissioner Sanchez was asking for is, "I want to see the task that they're going to be working
on." All that Ms. Lewis and Mr. Calas have done is gone into the budget document, of the
approved budget that we have, picked up the projects that are next up on the list, made an
estimate. It's real easy to figure out that these numbers represent 7 to 12 percent of the capital
costs of the project. So, it's $75,000 work authorization. It's a $750,000 project.
Vice Chairman Winton: OK. That's what I was trying to understand. Thank you.
Board Member Sanchez: I have another question. With the grant program for 75,000, what is
that going to do?
Chairman Teele: Which grant are you talking about?
Board Member Sanchez: The Revitalization Supplement Grant.
Chairman Teele: There are four grants. Two Guys Restaurant, the barbershop --
Ms. Lewis: That's the next item. Wilfred Alvarez, not (INAUDIBLE).
Chairman Teele: No. The Supplemental Grant Program, under which one are you talking
about?
Ms. Lewis: It's under the next item.
Vice Chairman Winton: Yeah. That's not in four, is it?
258 June 13, 2002
Board Member Sanchez: Is it? Yeah, it is.
Ms. Lewis: No, it's item 5.
Vice Chairman Winton: I think you -- did you graduate to 5?
Board Member Sanchez: Oh, I'm sorry. I apologize for that. We're ready.
Chairman Teele: On the motion, all those in -- it's further discussion. All those in favor, say
LL "
aye.
Chairman Teele: Those opposed?
Board Member Sanchez: One "no."
Chairman Teele: One "no."
The following resolutions were introduced by Vice Chairman Winton, who moved for its
adoption:
RESOLUTION NO. SEOPW/CRA 02-109
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE CRA TO PIGGYBACK OFF THE
CITY OF MIAMI'S FY 02-04 CONTRACT WITH ZYSCOVICH FOR
ARCHITECTURAL SERVICES AS DETAILED IN EXHIBIT "A", FOR THE
FULL CONTRACT AMOUNT OF $600,000 AND AUTHORIZING THE
EXECUTIVE DIRECTOR TO ISSUE THE WORK ORDERS AS DETAILED
IN EXHIBIT `B"; SUBJECT TO THE AVAILABILITY OF SEOPW TIF
FUNDS FROM ACCOUNT NUMBER 689001.550108; FURTHER
AUTHORIZING GENERAL COUNSEL TO EXPEDITE THE EXECUTION OF
SAID CONTRACTS.
259 June 13, 2002
RESOLUTION NO. OMNI/CRA 02-46
RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE
CRA TO PIGGYBACK OFF THE CITY OF MIAMI'S FY 02-04 CONTRACT
WITH ZYSCOVICH FOR ARCHITECTURAL SERVICES AS DETAILED IN
EXHIBIT "A", FOR THE FULL CONTRACT AMOUNT OF $600,000 AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE THE WORK
ORDERS AS DETAILED IN EXHIBIT `B"; SUBJECT TO THE
AVAILABILITY OF OMNI TIF FUNDS FROM ACCOUNT NUMBER
686001.590320; FURTHER AUTHORIZING GENERAL COUNSEL TO
EXPEDITE THE EXECUTION OF SAID CONTRACTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Gonzalez, the resolutions were passed and adopted by
the following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
NAYS: Board Member Joe Sanchez
ABSENT: None.
78. AUTHORIZE CRA TO PIGGYBACK OFF CITY'S FY 02-04 CONTRACT WITH
WOLFBERG, ALVAREZ AND PARTNERS FOR ARCHITECTURAL SERVICES, $500,000.
Chairman Teele: The next one is number 5.
Board Member Sanchez: Yeah, the grant program. Seventy-five thousand, what is that going to
do?
Chairman Teele: Could we just get a motion and a second --
Board Member Sanchez: So moved.
Chairman Teele: -- for discussion? Moved for discussion --
Vice Chairman Winton: Second.
Board Member Sanchez: For the purpose of discussion.
Vice Chairman Winton: Second.
260 June 13, 2002
Chairman Teele: And second. Moved by Commissioner Sanchez for discussion. Second by
Commissioner Winton.
Annette Lewis (Executive Director of CRA): Those are the grants that have been given to
Jackson Soul Food, Two Guys Restaurant, and Just Right Barbershop.
Chairman Teele: As well as Mr.Yuken, as well as -- there's five of those grant programs, Ms.
Lewis. The Revitalization Grant Programs are the programs that have already been awarded,
that need more technical assistance, particularly, in the area of meeting Code compliance. The
five projects are -- that have been designated thus far are the Solomon Yuken Commercial
corridor on the first floor, for which there's a breakdown in communication. Mr. Yuken is not
communicating. We've given him the $400,000 for the facade --
Board Member Sanchez: What do you mean?
Chairman Teele: The seven hundred thousand dollars -- just what I said. The $700,000 to build
out the commercial corridor. He's decided that it's not enough money. He's decided that he
doesn't want to work through the CRA (Community Redevelopment Agency) process. What he
would like us to do is just give him the grant for the money and -- I mean, without getting into it.
So, that project is one of the cornerstones of the redevelopment effort on 3rd Avenue. That's one
full block of street -- of sidewalk commercial space. He's proceeding -- I mean, we have no
communication with him, but there is a $700,000
allocation, as a part of the Fannie Mae, that we need to be able to respond to. In addition, we
approved, previously, the Two Guys Restaurant, the Jackson Soul Food, and the Just Right
Barbershop, that have some challenges related to the zoning and setback, based upon the historic
designation of the buildings. And, then, the final and fifth one is the lend/lease program, where
we've got the other businesses across from Mr. Yuken, the barbershop -- I mean, the shoe shop,
the barbershop, ADA (Americans with Disabilities Act) issues, and those issues.
Board Member Sanchez: Mr. Chairman, how much money have we spent on Jackson, Two
Guys, Just Right -- how much money have we spent on technical assistance?
Ms. Lewis: In technical assistance, approximately 122,000.
Board Member Sanchez: Just technical assistance.
Ms. Lewis: Just technical.
Board Member Sanchez: There hasn't been a nail in the wall?
Ms. Lewis: No, sir. They have not expended any of their grant funds.
Vice Chairman Winton: Why?
Board Member Sanchez: Why? Is there a reason why?
261 June 13, 2002
Ms. Lewis: Because they -- we have not -- or they have not gotten permits for the plans, as
drawn.
Vice Chairman Winton: Why? I mean, we've been -- this has been -- I mean, why? It's been a
year, I mean, longer.
Chairman Teele: I'll tell you why. First of all, Jackson Soul Food building, 60 years ago, was
built two inches or two-tenths of an inch over a line. Secondly, the setback requirements in the
new Code prevents Jackson Soul Food, without some variation, from being able to retrofit the
bathrooms to meet ADA requirements. So, what you're dealing with is this old separate, but
equal, quagmire. You can't meet the ADA. You can't build in the back because of our Codes.
The bathrooms, if you've been in there, can never -- you know, without shutting down the
restaurant and taking the restaurant space to make the bathrooms ADA compliant, the only way
to do it is to build on the back. And to build on the back requires that you've got to tear down
the front to meet the setback requirements. So, we're trying to make a surgical change in the
Code that, somehow, provides for facilities that are in Overtown, and this is a problem of
redevelopment.
Board Member Sanchez: Has somebody provided plans?
Chairman Teele: Yeah, we've got plans. We have plans, but the plans don't meet the Code.
Board Member Sanchez: Why?
Chairman Teele: Because the Code has got to be changed. Because you can't put -- you can't --
you cannot --
Board Member Sanchez: Who did this part of this?
Chairman Teele: The plans were done by -- what was the name of the architect? It was an
architect done under Civil Cadd's supervision. What was the name of the architect?
Cesar Calas: I think it was Martinez, or something like that, sir. I don't know. I don't recall
exactly what it was.
Ms. Lewis: Somebody out of Coral Gables.
Mr. Calas: Out of Coral Gables.
Chairman Teele: But, this is the problem that you have, the problem is whether is the plan --
probably no plan should have been done. Probably, no plan should have been done and,
probably, we shouldn't even be doing the project. And, probably, we should leave Overtown
like it is, because as long as the code says you've got to have a setback -- and part of what we're
trying to do is move to say a historic exemption. And this is the same problem we reached down
in Goulds with Reverend Wise's church. You could not do anything to rebuild the church, if you
262 June 13, 2002
didn't pass a special rule. And, so, the problem is the setback against 3rd Avenue. If you
noticed, Jackson's right there. There's no setback. There's plenty of room behind it. But the
problem is, the Code says you can't use that, because that makes a substantial modification.
And, so, you've got to, basically, deal with changing the Code in a historically designated area,
which is what it is we're looking at doing.
Vice Chairman Winton: I understand the answer. That's a clear answer, and it --
Chairman Teele: But you've got the same problem all down 3rd Avenue.
Vice Chairman Winton: All over the place.
Chairman Teele: Everything is zero lot line, right on the street.
Vice Chairman Winton: But, you know --
Board Member Sanchez: So, what are you going to do, tear everything down?
Chairman Teele: You can't tear it down. I mean, you know, that's --
Vice Chairman Winton: No, because -- you know, you've got zero lot line right on the street in
downtown. I mean, there's something a little haywire that I don't yet get. I don't understand
why this is a problem.
Board Member Sanchez: Johnny, this --
Vice Chairman Winton: I mean, we've got properties built right up against the street --
Commissioner Teele: I --
Vice Chairman Winton: -- all over this City, and they're able to do rehab and solve these
problems.
Chairman Teele: You know, can I tell you something? Because we're the CRA, and we can't do
it. I've had three consultants, --
Vice Chairman Winton: No, I believe you. I believe you.
Chairman Teele: -- including a highly ranking staff person, who I won't finger, who said, "If
you all had just gone ahead and gotten a..." -- what's the term, David?
David Hernandez: Remodeling.
Chairman Teele: -- a remodeling permit, and then got into it -- and that's the way everybody
does it. But that's -- we're not remodeling. We were making modifications. And I have said --
263 June 13, 2002
Board Member Sanchez: See, the high ranking --
Chairman Teele: No. He --
Board Member Sanchez: You just gave him up.
Chairman Teele: He'll remain nameless.
Board Member Sanchez: You just gave him up.
Chairman Teele: And that's what everybody does.
Vice Chairman Winton: So, let's quit doing that, and let's go back and remodel it.
Chairman Teele: I mean, you know, we're facing this thing right now with a building. You
know, we may go in for a remodeling, but it's -- to me, it's just not the way you should do
things. If you're not remodeling, if you're revamping, you should go in for a -- the appropriate
permit. But the Codes, it doesn't acknowledge the historic areas. That's part of the problem.
Vice Chairman Winton: You've answered my question. It's frustrating.
Chairman Teele: It's frustrating. But I think the Board is entitled to a full explanation, in
writing, of the Jackson Soul Food --
Vice Chairman Winton: No, you don't have to do that.
Chairman Teele: Well --
Vice Chairman Winton: I mean, I understand the answer. I mean, that's a very clear answer,
and that's totally frustrating. So --
Chairman Teele: But I would like to get a written memorandum, Mr. Calas. On the question on
number 5, all those in favor, say "aye."
Board Member Sanchez: One "no."
Chairman Teele: One "no."
264 June 13, 2002
The following resolutions were introduced by Board Member Sanchez, who moved for its
adoption:
RESOLUTION NO. SEOPW/CRA 02-110
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARKWEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE CRA TO PIGGY BACK OFF MIAMI-
DADE COUNTY'S CONTRACT WITH WOLFBERG, ALVAREZ AND
PARTNERS FOR ARCHITECTURAL SERVICES AS DETAILED IN
EXHIBIT "A", FOR THE FULL CONTRACT AMOUNT OF $500,000 AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE THE WORK
ORDERS AS DETAILED IN EXHIBIT `B"; SUBJECT TO THE
AVAILABILITY OF SEOPW TIF FUNDS FROM ACCOUNT NUMBER
689001.550108; FURTHER AUTHORIZING GENERAL COUNSEL TO
EXPEDITE THE EXECUTION OF SAID CONTRACTS.
RESOLUTION NO. OMNI/CRA 02-47
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE
CRA TO PIGGYBACK OFF THE MIAMI-DADE COUNTY'S CONTRACT
WITH WOLFBERG ALVAREZ AND PARTNERS FOR ARCHITECTURAL
SERVICES AS DETAILED IN EXHIBIT "A", FOR THE FULL CONTRACT
AMOUNT OF $500,000 AND AUTHORIZING THE EXECUTIVE DIRECTOR
TO ISSUE THE WORK ORDERS AS DETAILED IN EXHIBIT `B"; SUBJECT
TO THE AVAILABILITY OF OMNI TIF FUNDS FROM ACCOUNT
NUMBER 686001.590320; FURTHER AUTHORIZING GENERAL COUNSEL
TO EXPEDITE THE EXECUTION OF SAID CONTRACTS.
(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 resolutions were passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
NAYS: Board Member Joe Sanchez
ABSENT: None.
265 June 13, 2002
79. AUTHORIZE CRA EXECUTIVE DIRECTOR AND CRA SPECIAL COUNSEL TO
NEGOTIATE REACQUISITION AND RE-ESTABLISH OWNERSHIP OF REAL
PROPERTY PREVIOUSLY OWNED BY SEOPW CRA AS IT RELATES TO PLANNING OF
GRANDE PROMENADE.
Chairman Teele: And on number 6, for discussion. This is to authorize the Executive Director
to start talking and negotiating on the Grande Promenade. And, Commissioner Winton, I would
hope that you would move it. This is the area where we sold the land --
Vice Chairman Winton: Yeah.
Chairman Teele: -- and now we want to try to get it back, or maybe we want to get back another
section of it. But the fact of the matter is, is that I think we're going to miss a big opportunity, if
we don't have a clear path to Bicentennial.
Vice Chairman Winton: Agreed. So moved.
Board Member Sanchez: I'll second it. I'm saying that the property is high, but I know it's
needed.
Chairman Teele: But we're not buying it today.
Board Member Sanchez: No, no. But I'm saying, the price, it's there -- I believe it's high, but I
-- it's a partial land that we need and we want to complete that, and, I could support it. So, I
second it.
Chairman Teele: Moved and second. Objection. All those in favor say "aye."
The Board Members (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. SEOPW/CRA 02-111
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE CRA EXECUTIVE DIRECTOR AND
CRA SPECIAL COUNSEL TO NEGOTIATE THE ACQUISITION OF THE
REAL PROPERTIES AS DESCRIBED IN EXHIBIT "A", AS IT RELATES TO
THE PLANNING OF THE GRANDE PROMENADE, SUBJECT TO THE
AVAILABILITY OF SEOPW TIF FUNDS FROM ACCOUNT NO.
689001.550108.
266 June 13, 2002
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None.
ABSENT: None.
80. DEFER PROPOSED RESOLUTION AUTHORIZING CRA EXECUTIVE DIRECTOR
TO ENTER INTO JOINT INTERLOCAL AGREEMENT WITH DDA AND CITY TO
SPONSOR TRI -RAIL AUTHORITY.
Chairman Teele: On item number 7, I would ask that we defer it. Item number 7 simply says, if
they County won't act on Tri -rail, then maybe the DDA (Downtown Development Authority)
and CRA (Community Redevelopment Agency) will. But the message has been received loud
and clear. Mr. Harper and the Executive Director of Tri -rail have expressed an interest in
communicating. One of our goals, Johnny, is if we can get Tri -rail service Downtown, it will
change property values dramatically. And, you know, it's the kind of thing that the Heat should
have been way out in front of a long time ago. And, item number 8, for discussion.
Board Member Gonzalez: There wasn't -- you just move to defer. There was no vote on it.
Chairman Teele: Motion to defer item 7.
Board Member Gonzalez: Second. Second.
Chairman Teele: Moved by Commissioner Sanchez -- I mean, Commissioner Gonzalez.
Board Member Sanchez: To defer 8.
Vice Chairman Winton: What's the harm in passing the resolution?
Chairman Teele: There's nothing wrong with it, but I think Mr. Harper wants to make sure that
the County doesn't feel -- he's the one that went to the Gold's conference and expressed all the
frustration. But he's saying, give the County a chance. Now, they're taking another look at it.
Vice Chairman Winton: Well, all right. But I'm not inclined to --
267 June 13, 2002
81. AUTHORIZE EXECUTIVE DIRECTOR TO ENTER INTO PURCHASE AGREEMENT,
$2,950,000, FOR ACQUISITION OF REAL PROPERTY.
Chairman Teele: And on number 8, Commissioners, would you just move it for discussion?
Board Member Sanchez: So moved.
Vice Chairman Winton: So moved.
Board Member Gonzalez: Second.
Chairman Teele: Moved for discussion, and second. This is the piece that we've heard so much
from Dover Kohl about. We have a commitment from the Feds to provide us with three million
dollars ($3,000,000) for the improvements around this. The idea is to create a grand open space,
and space that uses liner buildings to move the club activities a little bit over toward 10th. Let me
just say this. The City of Miami's appraisals appear to be about 10 to 12 percent. The Southeast
Overtown -- Joel, the County property appraiser, called me personally. He couldn't believe
what's going on. It's up 125 percent in the area. I know, Commissioner Winton, you said the
numbers are inflated some time ago. They continue to be moving well ahead. And what is really
going on is this belief that the Performing Arts Center, coupled with the kinds of restaurants, that
this is going to be a new South Beach area with nightlife and it's not going necessarily to be in
the Omni. It's going to be in the funky part right -- buttressed by 95 -- 395, et cetera. And, so,
the consultants have all recommended this item, and I strongly concur that we should move
forward on it.
Vice Chairman Winton: And this is -- this has a big parking component to it? This --
Chairman Teele: This has a parking component to it. But this is absolutely necessary for the
environmental component. This is where it all -- if you go -- if you drive down the abandoned
railroad right now, you'll see everything back there.
Vice Chairman Winton: Right.
Chairman Teele: Dumpsters, you'll see patios. All that stuff is illegal. I shouldn't say illegal.
All that stuff is -- what's the -- it's a technical infringement across their property line. The
property line is the wall of the building. If you don't provide a place for environmentals, et
cetera, then you, essentially, shut down all the clubs. All of the clubs right now are operating
with the dumpsters in the right-of-way. Eventually, that right-of-way is going to be what we saw
in the spring. That's going to be just beautiful pedestrian area, with the environmentals are going
to be off across -- on the other side.
Vice Chairman Winton: What's an environmental?
Board Member Sanchez: Trash.
Vice Chairman Winton: Oh. Yes.
268 June 13, 2002
Chairman Teele: Trash. Clubs generate mountains and mountains and mountains of trash on a
daily basis.
Vice Chairman Winton: So, they're going to all put their dumpsters in one central location?
Chairman Teele: Well, a series of locations there, yes.
Vice Chairman Winton: OK.
Chairman Teele: Each one will have their own. There will be a whole series of things. They've
done this -- Dover Kohl has done this, I think, in South Carolina or somewhere, where they even
have chilled place for garbage to be stored, ice making capabilities. And the kinds of back -room
operations that you can't have in the Grande Promenade, in that space back there. So, this is
absolutely critical to their development plan --
Board Member Sanchez: But the component of that property will be commercial on the bottom,
then environmental and parking.
Chairman Teele: It will be commercial on the bottom, that is, liner buildings with -- not deep
buildings, but just restaurants, pizza places, environmental, and then parking on the top.
Board Member Sanchez: OK.
Chairman Teele: And, perhaps, some office mixed use, in accordance with what Commissioner
Winton and others are promoting in that area.
Vice Chairman Winton: So, what's the action we need to take here?
Chairman Teele: The action is to authorize the Executive Director to acquire the property with
the Attorney -- actually, the general -- special counsel and the Executive Director, if we can get it
at the price not -- of the appraised price.
Board Member Sanchez: And the property has -- and the price hasn't changed? Seventy-five
dollars ($75) a square foot?
Vice Chairman Winton: No, that's --
William R. Bloom (Special Counsel, CRA): The (inaudible) has been authorized (inaudible)
purchase price of --
Priscilla Thompson (City Clerk): I'm sorry, Mr. Bloom. Could you turn on your mike?
Mr. Bloom: -- $2,900,050, based upon the price of $75 per square foot. There's also a provision
in the contract that has $100,000 holdback for environmental issues, because our consultants
269 June 13, 2002
were not sure whether some waste oil tanks had been removed from the property. The estimated
cost was $40,000, and we were trying to protect ourselves.
Board Member Sanchez: All right.
Chairman Teele: The property has been listed for 125. Every -- all of the owners have told -- all
of the owners of the abutting property have urged the seller to make a deal with the CRA,
because the worst thing that could happen would be more development there; and further
compound the existing business owners' problems. And, so, they're looking for a way to solve
the problem. We don't want to fine them or be in a position where we -- we got them,
essentially, because Miami Beach treated them like dirt, and that's the real big issue that's own
everybody's mind. Further questions? All those in favor of the item, Commissioner Sanchez, all
in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: All opposed? The item is unanimous.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. SEOPW/CRA 02-112
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER
INTO A PURCHASE AGREEMENT AS DETAILED IN EXHIBIT "A", IN AN
AMOUNT NOT TO EXCEED $75 PER SQUARE FOOT TOTALING
$2,950,000 PLUS RELATED CLOSING COSTS, FOR THE ACQUISITION OF
THE REAL PROPERTY AS DESCRIBED IN EXHIBIT B" AND FURTHER
AUTHORIZING SPECIAL COUNSEL TO PREPARE ANY NECESSARY
NOTICES FOR THE EXECUTION OF THE PURCHASE AGREEMENT,
SUBJECT TO THE AVAILABILITY OF SEOPW TIF FUNDS FROM
ACCOUNT NUMBER 689001.550108.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
270 June 13, 2002
Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
82. APPROVE AMENDMENT TO FISCAL YEAR 2002 BUDGET.
Chairman Teele: Is there -- are there further matters?
Annette Lewis (Executive Director of CRA): Yes, sir. You missed the resolution authorizing
the amendment of the fiscal '02 budget, which is a component of item 1, sir.
Chairman Teele: The fiscal '02 budget?
Ms. Lewis: That is correct, sir.
Chairman Teele: OK. This is the budget update, based upon the transactions that have
transpired, the sale of the property, the underlying property, et cetera?
Ms. Lewis: Correct. And the completion of field work for the audit for fiscal '01, sir.
Chairman Teele: All right. Is there a motion on that?
Board Member Sanchez: Where is that?
Vice Chairman Winton: I'm not sure I understand.
Board Member Sanchez: Where is that at?
Board Member Gonzalez: I don't understand what you're saying.
Vice Chairman Winton: I'm slow right now. So, what's the issue again?
Ms. Lewis: We're amending fiscal '02 budgets.
Vice Chairman Winton: Where do I look at that?
Ms. Lewis: The first item.
271 June 13, 2002
Vice Chairman Winton: Oh, item 1.
Board Member Sanchez: I thought we voted on it.
Chairman Teele: No, we --
Ms. Lewis: No, not that portion.
Board Member Sanchez: So, there's an amendment of 6,000,000?
Vice Chairman Winton: Oh, this was the adjustment stuff.
Ms. Lewis: Correct, sir.
Chairman Teele: The adjustments.
Vice Chairman Winton: And these are --
Chairman Teele: I think, one of the things that we've got to figure out -- and I don't want to --
Mr. Nachlinger is not here, but the Manager is. I think, given the new environment that we're in,
it is impossible for the CRA (Community Redevelopment Agency) and the City of Miami to
have the same auditor, for a lot of reasons. It's bad, it gets into all the Enron issues of the
consulting services, et cetera. I will tell you that the City has had practices for 15 years that have
not changed, even though we passed at least four separate resolutions. The City doesn't make
payments in accordance with the State law, nor in accordance with our resolutions, even the
basic things, such as the TIF (Tax Increment Fund) payments. The County TIF payment is
always received by check on January 30th or there --
Ms. Lewis: By December 31st
Chairman Teele: I thought it was by January -- well, by December 31st or January 30th. Oh, we
have to pay it out by December 31st. You know, we have to chase around and find a journal
entry, which may be in April or March. The last journal entry we could find is in March, but it's
not what the County says we should be receiving. I think one of the things we need to do is
change the fiduciary -- is change the external auditor, so that the CRA and the City have separate
auditors. The embarrassing thing -- and I don't want to get into this -- is that the City closed out
their books before the CRA's books were closed out, by the same financial auditor. And there
were a series of, not errors, but adjustments that had to be made in the CRA books. They make
adjustments in the City books, but the CRA adjustments weren't made. And, so, once the
adjustments are made by the external auditor, it doesn't tie back in now with the City book's
starting balances. And, so, you get into that kind of process. The external auditor only will do --
start on the CRA and other agencies, after they finish the City, which makes sense. But, then,
the City is saying, "Close out the books." In this case, we were all trying to close out the books
so we could get out from under the Oversight Board. So, the books got closed out before all
adjustments were made. And I think one of the things that we need to really look at is just
272 June 13, 2002
having a certain tension, at least, between the auditors, to ensure that the books are kept right, is
that we should have our own external auditors. The City should have their own. And on those
things that the City is maintaining the records for the CRA, then they need to be closing them out
at the same time or relatively. There's another issue as to whether or not we should split and
allow another fiduciary to keep some of the funds, especially since the City refuses to make the
deposits in the manner prescribed by State law, such as a check. As long as they're making
journal entries, then there's no way to actually -- you have to do research all the time, and the
numbers -- according to the County staff, the numbers don't tie in for what the County -- the
County says we're depositing "X," but why is the City depositing "X minus 2" Because those
numbers are supposed to be identical dollars in percentages, that is, based upon the millage rate.
So, there are just a series of issues. These are -- technically, there's nothing wrong. The CRA,
unlike some other entities, does not write one check. All checks are written by fiduciaries. In
this case, it's the City of Miami. But I do think there is a substantial interface issue that needs to
be addressed. This is the CRA's effort to tie the books back in where they should have been tied,
as of October 1.
Vice Chairman Winton: And on that same issue, Ms. Lewis told me today that we still don't
have a management letter from KPMG (Klynweld, Peat, Marwick, Goerdeler) for 2000, never
mind a closed audit for 2001. And, I mean, that's just nuts. I mean, that's --
Chairman Teele: Johnny --
Vice Chairman Winton: We need to --
Chairman Teele: -- this is the problem. The City is the client.
Vice Chairman Winton: The City's what?
Chairman Teele: The City is the client. If you were KPMG, you'd take care of the City first.
The problem is the CRA is a footnote.
Vice Chairman Winton: So, it's to your point. I mean, it's inexcus --
Chairman Teele: The CRA is a footnote in the context of the City of Miami.
Vice Chairman Winton: I mean, it's inexcusable that we don't have a management letter from
them. And I'm mad at myself because I asked them, very specifically, when we went through
the 2000 budget, I said I want to know where the management letter is. They said they're
working on it. And I asked them two or three times after that, and then I forgot, until today,
when we were talking about this whole audit business. So, I was so mad at myself, I wanted to
go strangle someone, but -- I mean, we can't tolerate that. That's just absolutely inexcusable, not
to have a management letter from them.
Chairman Teele: Well, I think the request would be to place on the next regular agenda, the
request for --
273 June 13, 2002
Board Member Sanchez: Report.
Chairman Teele: -- qualifications or a competitive process for the external auditor. And, I think,
we should ask that the City Manager chair that committee. I mean, I -- the idea here is not to
have separate, you know, but to have interface, but not go separate and alone. But, at the same
time, the auditors need to know that the books are maintained by the City, and they've got to
look at what the City is entering -- the journal entries on this stuff.
Vice Chairman Winton: I'd also like to have our auditors in front of us, at the next meeting, to
find out why the hell they can't get the work done.
Chairman Teele: It'll be done for the 24tH
Vice Chairman Winton: Thank you.
Board Member Sanchez: Mr. Chairman?
Chairman Teele: Yes.
Board Member Sanchez: On the budget, I only have one question. There's a big decrease in the
insurance liability from 15,000 to 5,700, 70 percent -- there's a decrease there. I just want to
make sure that, please, whatever you do, pay the Directors (inaudible) offers liability insurance.
Ms. Lewis: We do, sir.
Board Member Sanchez: Thank you.
Ms. Lewis: We're already paid for the year.
Board Member Sanchez: Thank you.
Chairman Teele: On the motion --
Vice Chairman Winton: Now, we're just -- the only thing we're doing on this motion is making
these internal adjustments; is that not correct?
Ms. Lewis: That is correct. That is correct.
Vice Chairman Winton: OK. So moved.
Ms. Lewis: We're amending the budgets.
Chairman Teele: No, no, no, no. You are amending the budget, and you're reflecting the funds
that have been -- doesn't this reflect the funds that have been received for the sale of the
building?
274 June 13, 2002
Ms. Lewis: It reflects the sale of Park Place, and it removes the sale of the town homes, and then
that different is 700,000. That's reflected in the cover memo.
Chairman Teele: These are actions that have already been individually approved --
Vice Chairman Winton: Yes. Right.
Chairman Teele: -- but, it does change the numbers.
Vice Chairman Winton: Yeah. I --
Board Member Sanchez: Call the question.
Chairman Teele: Is there a motion and second?
Vice Chairman Winton: Yes. So moved.
Board Member Sanchez: Second.
Board Member Gonzalez: Second.
Chairman Teele: All those in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: Those opposed have the same right.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. SEOPW/CRA 02-113
OMNI/CRA 02-48
A RESOLUTION OF THE BOARD OF DIRECTORS OF COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVING AN AMENDMENT TO
THE FISCAL YEAR 2002 BUDGET (AMENDED BUDGET) ATTACHED
HERETO AS EXHIBIT "A," AND TRANSMIT TO MIAMI-DADE COUNTY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
275 June 13, 2002
Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Board Member Joe Sanchez
Vice Chairman Johnny L. Winton
Chairman Arthur E. Teele, Jr.
Board Member Angel Gonzalez
Board Member Tomas Regalado
NAYS: None.
ABSENT: None.
83. REQUEST MANAGER ARRANGE MEETING INCLUDING MAYOR DIAZ BEFORE
JUNE 24TH REGARDING CRA BOUNDARIES.
Chairman Teele: And the meeting, the regular meeting, will be on the 24th and, hopefully, we
can clarify all of the issues. I just wanted to make one point, before we close out the CRA
(Community Redevelopment Agency) meeting. I received a call from the Manager regarding the
boundaries issue. And, Mr. Manager, I'm going to ask, specifically, if I can meet with you and
the Mayor on the boundaries issue before the 24th. I know you're going to be out of town some
time. And what I'm going to do today, with your permission, is at least pass, on first reading, the
boundaries, with the understanding that you will have the right, before a second reading on the
24th, to give your professional opinion. And I want to just state, for the record, I know that
you've got some concerns about revenues that may or may not be diverted from the general fund
to the redevelopment area. And as I've indicated, all of these dollars would be within the
expanded boundary area. And I just want to state, for the record, the intent is, is that if the
boundary goes to Watson Island, it would be used primarily, at least, for the purpose of the
boundary change, for Bicentennial Park and Watson Island. In other words, that sub area -- that
new sub area would receive all the benefit. And the only thing that I'm going to say to the
Manager and I'm going to say to the Commission, district -- what district do you have, Johnny?
Vice Chairman Winton: Two.
Chairman Teele: -- two provides over 50 percent or 40 percent?
Vice Chairman Winton: Fifty-five.
Chairman Teele: Fifty-five percent of the ad valorem tax base of the entire City. The boundary
and the sub area that we're proposing would be all of District 2, and I think that we need to think
of this in the context of how we can make a destination within the downtown area. This is not
about Overtown. The money doesn't go to Overtown. It doesn't even go to Park West. But the
fact of the matter is, we're never going to get a $400,000,000 museum in the park complex, if we
don't figure out how to put some -- hold that money. And the same thing that I keep saying, as it
relates to parking surcharges, the parking surcharge is money that is 80 percent collected in
District 2 -- I don't represent District 2, but the money goes all over the County, and there's
276 June 13, 2002
nothing wrong with that. But, at some point, we've go to harness enough of those dollars and
keep them into that area for the purpose of the redevelopment of that area. We cannot continue
to just spread money all out, especially when the money winds up going, not in capital projects,
but in salary. And I, for one, am taking the very clear position that, if we cannot harness dollars
to stay in the downtown area, then why keep raising taxes? I mean, you know, it's just -- you
raise taxes to take care of the overall area. But downtown and Coconut Grove, we hear from
them all the time. They have been shortchanged in the way dollars have been distributed. And,
Commissioner Winton, I don't mean -- this is not my district, but as a redevelopment, I can tell
you, you will never have what you've got the potential of building if we don't develop a revenue
stream that doesn't raise the money from Overtown, and Liberty City, and Allapattah, and
Wynwood. And as long as that money is being raised on Watson Island and staying in the
Watson IslandBicentennial Park, I've got to tell you, that's the only way it's going to happen,
because -- don't ask me. And my district is being squeezed out of their houses to help pay for a
museum or a complex. Yet, but one thing, if you bring Guilliani to this City, tomorrow, the one
thing Rudy Guilliani will tell you is that it has been the culture that has kept New York afloat
before 9/11 and after 9/11. And, so, the only thing that I'm suggesting to the Commissioners is,
don't think about your district. Think about our City, when we talk about the boundary
extension. Because the sub area that we're proposing is a Bicentennial/Watson Island sub area,
where new taxes raised, and not just City taxes, but County taxes would stay in that area for the
purpose of the redevelopment. And I'm just putting it on the line as a policy matter, because I
think you can argue either side of that coin. There's no right answer and there's no wrong
answer, and everybody can take --
Board Member Sanchez: I'm glad you understand that.
Chairman Teele: -- and take the position that everybody is most comfortable with.
Board Member Regalado: Mr. Chairman, you're done with...
Chairman Teele: I would --
Board Member Sanchez: Move to adjourn.
Chairman Teele: -- move to adjourn the meeting.
Board Member Sanchez: Second.
Carlos Gimenez (City Manager): Mr. Chairman, you asked for a meeting with myself and the
Mayor before the 24t . It's going to be difficult before the 24th. The Mayor will be leaving town
tomorrow, and will not be back until the 24th. I leave town mid -week next week, but I'll be back.
I'll have a couple days next week, and I'll be back before the 24th
Chairman Teele: Then maybe we could have a sunshine meeting with you, and whatever
Commissioners that would like to step in.
Vice Chairman Winton: Didn't you want to move that for first reading?
277 June 13, 2002
Chairman Teele: Not in the CRA board meeting.
Vice Chairman Winton: Oh, OK.
Board Member Sanchez: Madam Clerk, did we vote on the budget issue?
Priscilla Thompson (City Clerk): Yes, you did.
Chairman Teele: The motion to adjourn is in order.
Board Member Sanchez: Second.
Chairman Teele: Meeting stands adjourned.
The following motion was introduced by Chairman Teele, who moved for its adoption:
MOTION NO. SEOPW/CRA 02-114
OMNI/CRA 02-49
A MOTION TO ADJOURN TODAY'S COMMUNITY REDEVELOPMENT
AGENCY MEETING.
Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the
following vote:
AYES: Board Member Joe Sanchez
Vice Chairman Johnny L. Winton
Chairman Arthur E. Teele, Jr.
Board Member Angel Gonzalez
Board Member Tomas Regalado
NAYS: None.
ABSENT: None.
Chairman Teele: Thank you, Mr. Chairman.
Board Member Regalado: Thank you.
There being no further business to come before the Community Redevelopment Agency for the
Southeast Overtown/Park West and Omni District, the meeting was adjourned at 9:55 p.m.
Note for the Record: At 9:56 p.m., the City Commission reconvened its regular meeting.
278 June 13, 2002
84. APPROVE STAFF RECOMMENDATION CONCERNING 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 item 48. It's a discussion concerning the professional service
agreement with David Plummer and Associates to conduct a project entitled Dupont Plaza
Project Metromover, in downtown Miami. Mr. Manager, Johnny, this was deferred from last
meeting, right?
Carlos Gimenez: Yes, sir.
Chairman Regalado: OK. This is 48. Item 48, on the regular agenda. Mr. Manager.
Clark Turner: Members of the Commission, for the record, Clark Turner, Planning and Zoning
Department. This item is back before you as a result of being deferred at the last Commission
Meeting. It's the recommendation by the Administration that the City Commission authorize the
City Manager to enter into an agreement with David Plummer and Associates, to conduct the
Project Development Environment Study for the Dupont Plaza area, for a sum not to exceed
$446,400.
Mr. Gimenez: I believe this is also being -- that's being funded through a grant from FDOT
(Florida Department of Transportation).
Mr. Turner: Correct. This is funded through a grant under the Transportation Outreach
Program, which is administered by the Florida Department of Transportation under a joint
participation agreement between the Florida Department of Transportation and the City of
Miami. There is -- the TOP (Transportation Outreach Program) application requested $480,000
in the first year for the Project Development Environment Study, and that's subject to this
recommendation. I -- an additional $1,300,000 has been awarded under the TOP program for the
next fiscal year, and that will be for design of whatever alternative is selected under the PD&E
(Project Development & Environment) Study. The remaining years, which would be the
construction of it, are not yet authorized by the State.
Commissioner Teele: And that's a good thing.
Mr. Gimenez: So, our recommendation that we contract with David Plummer and Associates to
do this study.
Vice Chairman Winton: Is this a public hearing?
Mr. Gimenez: It's a discussion item.
Vice Chairman Winton: So, let the folks discuss --
Mr. Turner: Thank you, Commissioner Winton.
279 June 13, 2002
Commissioner Teele: Commissioner, I asked the item be deferred. I'd like to hear from
anybody in the public because I want to hear from Commissioner Winton. --
Vice Chairman Winton: That's what I just said, that's --
Commissioner Teele: -- at the end of the day.
Vice Chairman Winton: Yeah.
Tim Keable: Thank you. My name is Tim Keable. I'm the General Manager of the First Union
Financial Center. I work for Shranstein (Phonetic) Realty Advisors. We're the owners and
managers of the complex. I'd like to -- first, I'd like to thank Commissioner Winton and
Commissioner Teele and everybody that we've spoken with tonight. As a lot of you know, I
have been, on behalf of the owners of the First Union -- owners and tenants of the First Union
Financial Center, and in the broader sense, a lot of the property owners downtown, who I can
categorically say, agree, with our position on the importance of an objective study for-- of this
nature for downtown. We've been quite vocal in our concerns, and raising our concerns about
the legitimacy and the scope and all of the -- the whole context of this study. We have since
spoken -- myself, representatives here tonight, we've since spoken with Clark Turner tonight and
representatives of the Mayor's Office, and after getting some reassurances from the Mayor's
Office and Mr. Turner about the level of involvement that the owners are going to have in the
context of a technical advisory committee, we're comfortable proceeding at this time with the
PD&E. We think it's time and it's best for the City that we just plain move on with this, so --
Chairman Regalado: So --
Mr. Keable: (UNINTELLIGIBLE).
Chairman Regalado: -- who appoints the technical committee, you, Mr. Manager?
Vice Chairman Winton: Mr. Turner?
Mr. Turner: The scope of services calls for a technical advisory committee to be representatives
of the State, the City, the County, Parking Authority, DDA (Downtown Development Authority),
and some other institutions and organizations, and to include representatives of the property
owners in the affected area, as well as their technical consultants, if they have any.
Chairman Regalado: But who appoint them?
Mr. Turner: Who will appoint it? The project manager will be responsible for assembling it.
The committee will actually be -- the members of the committee will be appointed by their
respective agencies, and the property owners of the affected area will be invited to become
members of the committee.
280 June 13, 2002
Vice Chairman Winton: And so, does that mean that I can help encourage if there's any problem
getting people on this technical committee? Can -- I can -- do I have any pull at encouraging the
consultants to make sure they include some people that might not get on the notice appropriately,
some way or another?
Mr. Turner: Absolutely.
Vice Chairman Winton: Thank you.
Mr. Turner: We encourage the broadest possible participation from affected property owners.
Vice Chairman Winton: OK. Anyone else from the public?
Jerome Hollo: Yes, good evening. Jerome Hollo, with Florida East Coast Realty, 100 South
Biscayne Boulevard. I'd just like to say, similar to what Mr. Keable was saying, we spent a lot
of time, we had a lot of concerns with this process, but after speaking with staff, I think that if it
goes as he said, I think -- and we're given a voice and a participation in this process, I think it
would be, overall, a good process.
Vice Chairman Winton: And you all know where I am.
Mr. Hollo: Oh, we know where you are.
Vice Chairman Winton: So --
Commissioner Sanchez: Crystal clear.
Vice Chairman Winton: -- if there's any problem with the voice, you all know how to get a hold
of me real quick.
Mr. Hollo: Thank you.
Commissioner Sanchez: Crystal clear.
Vice Chairman Winton: I'd like to move staff recommendation.
Commissioner Sanchez: Second.
Commissioner Gonzalez: Second.
Chairman Regalado: OK. We have a motion and a second. The public hearing is closed. All in
favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
281 June 13, 2002
RESOLUTION NO. 02-705
A RESOLUTION OF THE MIAMI CITY COMMISSION DISCUSSION
CONCERNING A PROFESSIONAL SERVICES AGREEMENT WITH DAVID
PLUMMER & ASSOCIATES, INC. TO CONDUCT A PROJECT
DEVELOPMENT AND ENVIRONMENTAL STUDY ENTITLED "DUPONT
PLAZA PROJECT-METROMOVER REALIGNMENT IN DOWNTOWN
MIAMI."
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Vice Chairman Winton: Thanks for staying around all day, guys.
Commissioner Teele: Madam Clerk.
Chairman Regalado: One "no"?
Vice Chairman Winton: You got to see the whole deal in action. This is what I do twice a
month.
85. SPECIAL MEETING SCHEDULED ON JULY 8, 2002, 2 P.M. FOR PUBLIC HEARING
TO ALLOCATE 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND OTHER U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
GRANT PROGRAM FUNDS
Chairman Regalado: OK, we need to do Item 44.
Vice Chairman Winton: And sometimes more.
Chairman Regalado: It's -- we need to schedule the public hearing to allocate the 28th Year
Community Development Block Grant Program, and other U.S. Department of Housing and
Urban Development (HUD) grants programs and funds. Dan, so what you want from the
Commission is a date?
Dan Fernandes (Acting Director, Community Development): Yes, sir.
282 June 13, 2002
Chairman Regalado: OK. We -- I think -- I don't know what the members of the Commission
believe but I think it's important that we do not call for a public hearing on a regular
Commission meeting. It would become the same as always. This year, we're going to endure a
lot of social services programs that will be here requesting the money that we don't have, that we
can't have -- we will have housing, so I suggest to you that you pick one day. We can do an
afternoon, all afternoon, hearing on -- and I think it would be much better --
Vice Chairman Winton: What's the window that we have to do this in?
Chairman Regalado: Huh?
Vice Chairman Winton: What -- when do we have to do this? What's the window of --
Chairman Regalado: July.
Vice Chairman Regalado: July 8th to 12th, is that what we're picking?
Mr. Fernandes: July 8th to 12th, Commissioner, yes.
Commissioner Sanchez: And I agree with you, so it should be just one day, as long as it takes, to
get this done.
Chairman Regalado: So, you're here --
Commissioner Sanchez: The CDBG (Community Development Block Grant) agenda --
Chairman Regalado: Joe --
Commissioner Sanchez: -- is torture.
Chairman Regalado: -- you're here on the 11th
Commissioner Sanchez: On when, July?
Chairman Regalado: July.
Vice Chairman Winton: No, we moved the 11th
Commissioner Gonzalez: I have a meeting on the 11th
Chairman Regalado: No, I mean --
Vice Chairman Winton: We moved it to the 9th
Chairman Regalado: -- he's coming back on the --
283 June 13, 2002
Commissioner Sanchez: No, no, no. I'm gone the 10th, 11th, 12th, and 13th, and then I'm back on
the 14th, and then I'm off again the 15th through the 21st, all right?
Mr. Fernandes: We need the week of the 8th through 12th. We can stretch it. The latest we could
stretch it would be the 15th, Commissioner.
Chairman Regalado: Then we have to do it --
Mr. Fernandes: Correct.
Chairman Regalado: -- on the first three days in July. Pick one day.
Commissioner Sanchez: I'm on vacation and my kids will kill me if they don't go to Walt
Disney.
Chairman Regalado: Wait, wait, wait. When? July, the first three days of July?
Commissioner Sanchez: No. The first three days of July, I'm available.
Vice Chairman Winton: Yeah. That's --
Chairman Regalado: Anybody has a problem with the first three days of July?
Vice Chairman Winton: Yeah, because everybody is going to be gone. You've got the 1st --
Commissioner Sanchez: Yeah, it's the 4th of July.
Vice Chairman Winton: -- 2"d 3rd and 4th --
Chairman Regalado: Oh, it's the 4th
Vice Chairman Winton: -- is the holiday.
Chairman Regalado: How about the 5th?
Vice Chairman Winton: Oh.
Commissioner Sanchez: Oh, that's a great one.
Chairman Regalado: Why?
Commissioner Sanchez: Yeah.
Mr. Fernandes: We can stretch till the 15th, Commissioner.
284 June 13, 2002
Vice Chairman Winton: No, there's -- you can't --
Mr. Fernandez: We have one day that we can play with, if you want to go that late.
Vice Chairman Winton: It doesn't do any good to stretch it till the 15th. That's a Saturday.
Chairman Regalado: But why? Why do this?
Vice Chairman Winton: It's a Saturday.
Chairman Regalado: Why --
Vice Chairman Winton: By stretching it, doesn't do -- Joe won't be here. We're not coming --
I'm not coming here on a Saturday to do this, so I think the only time you've got to do it is either
the 6th or the 7th
Commissioner Sanchez: How about the 8th or the 9th? The 9th, we have a Commission meeting.
Vice Chairman Winton: That's a weekend.
Commissioner Sanchez: Let's do the 8th
Vice Chairman Winton: That's a weekend.
Commissioner Sanchez: No, it's not.
Mr. Fernandes: No, it's a Monday.
Commissioner Sanchez: The 8th is a Monday.
Vice Chairman Winton: Oh, I'm in the wrong month, no wonder I couldn't get that figured out.
Commissioner Sanchez: We have a Commission meeting on the 9th. Let's just hold it on the 8th
Vice Chairman Winton: Right. Yeah.
Chairman Regalado: OK. The 8th, July the 8th. Arthur, July the 8th, 2 o'clock.
Commissioner Teele: July the what?
Vice Chairman Winton: July 8th
Chairman Regalado: July the 8th
Vice Chairman Winton: So we have Commission meeting --
285 June 13, 2002
Chairman Regalado: On the 9th
Vice Chairman Winton: -- from 2 p.m. on the 8th and get out of the Commission meeting at 2
a.m. on the 9th
Commissioner Teele: Exactly.
Vice Chairman Winton: Oh, that's the 10th, sorry.
Chairman Regalado: No, no, no, the 10th
Vice Chairman Winton: So we can run 24 hours a day for a day (UNINTELLIGIBLE).
Chairman Regalado: The 10th, but let me tell you --
Vice Chairman Winton: Bring breakfast.
Chairman Regalado: -- you may get a good pension.
Vice Chairman Winton: I don't -- yeah. No, I'd rather have no pension.
Chairman Regalado: Monday, July the 8th
Vice Chairman Winton: What time, 2 o'clock?
Chairman Regalado: 2 o'clock.
Vice Chairman Winton : Fine. Mark that down, Jason, would you, please?
Mr. Fernandes: Thank you.
Chairman Regalado: OK.
Vice Chairman Winton: Are we done?
Chairman Regalado: No, we're not.
86. AUTHORIZE MANAGER TO SELL SIX SURPLUS CITY OWNED 1994 CHEVROLET
CAPRICE VEHICLES, TO COLUMBIA PICTURES, INC., FOR FILMING OF MOTION
PICTURE ENTITLED "BAD BOYS II,"; $2,000 PER VEHICLE, FOR WHICH COLUMBIA
PICTURES, IND. SHALL BEAR FULL COST TO RECEIVE SUCH VEHICLES.
Commissioner Teele: Pocket items.
Commissioner Sanchez: Pocket items.
286 June 13, 2002
Chairman Regalado: The Manager is sending a pocket item that was pulled of the consent
agenda. He wants to sell six 1994 Caprice --
Carlos Gimenez (City Manager): No, that's a different one, sir.
Unidentified Speaker: (UNINTELLIGIBLE).
Chairman Regalado: Oh.
Unidentified Speaker: Yeah, right.
Mr. Gimenez: This is a pocket item. It was not on the agenda, but it's basically a resolution of
the City Commission authorizing the selling of six surplus City owned 1994 --
Unidentified Speaker: It's selling them.
Mr. Gimenez: --Chevrolet Caprice vehicles.
Chairman Regalado: We did -- are these different cars than the ones --
Unidentified Speaker: Yes.
Mr. Gimenez: Yes.
Unidentified Speaker: Yes.
Chairman Regalado: -- that we pulled?
Mr. Gimenez: Yes, it is. These are. They'll be sold to Columbia Pictures for the filming of the
motion picture "Bad Boys II," in the amount of $2,000 per vehicle, which is -- yes, it's more than
what we normally get for them in auction.
Vice Chairman Winton: So moved.
Commissioner Gonzalez: Second.
Commissioner Sanchez: Second.
Chairman Regalado: It's been moved and second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02--706
287 June 13, 2002
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO SELL SIX (6) SURPLUS CITY OWNED 1994
CHEVROLET CAPRICE VEHICLES, TO COLUMBIA PICTURES, INC., FOR
THE FILMING OF THE MOTION PICTURE ENTITLED "BAD BOYS II," AT
THE AMOUNT OF $2,000 PER VEHICLE, FOR WHICH COLUMBIA
PICTURES, IND. SHALL BEAR THE FULL COST TO RECEIVE SUCH
VEHICLES; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS AND APPROPRIATE
RELEASE DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO CONSUMMATE THE SALE.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: They going to give them back to us when they finish?
Vice Chairman Winton: Yeah, and the heat --
Mr. Gimenez: Yeah, I know.
Vice Chairman Winton: And the heat --
Chairman Regalado: Why? They're going to blow them all.
Vice Chairman Winton: They're going to be bad boy's cars.
Unidentified Speaker: They're not going to be in too good a --
Chairman Regalado: They're going blow them up.
Unidentified Speaker: -- shape by that time.
87. APPOINT JOHN BRENNAN, NEAL McALILEY, RICHARD DUBIN, STUART SORG,
JAMES WELLINGTON, JACK KING, ROBERT PARENTE, WENDY CALEMAR AND
AMADOR VALDEZ AS MEMBERS OF WATERFRONT ADVISORY BOARD.
288 June 13, 2002
Commissioner Sanchez: Mr. Chairman, before we go to pocket items, can I just make
appointments to the Waterfront Advisory Board, before I forget the names?
Chairman Regalado: Sure.
Commissioner Sanchez: One of them is Roberto Parente and the other one is Wendy Calemar.
Commissioner Teele: Second the motion.
Chairman Regalado: It's been moved and second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02--707
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS AN
ALTERNATE MEMBER OF THE WATERFRONT ADVISORY BOARD FOR
TERMS AS DESIGNATED HEREIN.
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
88. AUTHORIZE MANAGER TO COORDINATE AND FACILITATE DONATIONS FROM
VARIOUS BUSINESSES AND ORGANIZATIONS FOR PURPOSES OF SPONSORING
EVENTS RELATING TO MEETING OF FLORIDA STATE CABINET TO BE HELD IN
MIAMI ON JUNE 24, 2002.
Carlos Gimenez (City Manager): Mr. Chairman, I have another pocket item, when you get a
chance.
Chairman Regalado: OK, go ahead.
289 June 13, 2002
Mr. Gimenez: It's a resolution of the Miami City Commission authorizing the City Manager to
coordinate and facilitate donations from various businesses and organizations for the purposes of
sponsoring the events related to meeting of Florida State Cabinet, to be held in Miami on June
th and 25tH
24
Vice Chairman Winton: So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: OK, it's been moved and second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02--708
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO COORDINATE AND FACILITATE DONATIONS
FROM VARIOUS BUSINESSES AND ORGANIZATIONS FOR PURPOSES
OF SPONSORING THE EVENTS RELATED TO THE MEETING OF THE
FLORIDA STATE CABINET TO BE HELD IN MIAMI ON JUNE 24 AND
JUNE 25, 2002.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
89. AUTHORIZE SETTLEMENT OF MARCOS VALDES CASE, $100,000.
Chairman Regalado: The City Attorney has a case that was left out of the consent agenda. It's
Marcos Valdes vs. City of Miami. Mr. City Attorney.
Alejandro Vilarello (City Attorney): This is a companion case to the Oscar Ortiz case, if you
recall, a few years ago -- which resulted in a claim's bill of approximately $5,000,000 being
passed against the City. This is a driver of that same vehicle suffered, certainly not significant
injuries, but we're recommending a settlement in the amount of $100,000. If we're correct and
290 June 13, 2002
we've exhausted the statutory cap, then they will -- it'll be required that they get another claim's
bill for that $100,000, and I recommend this settlement.
Chairman Regalado: Do we have a motion for that? Do we have a motion for --
Commissioner Gonzalez: So moved.
Commissioner Teele: So moved.
Chairman Regalado: It's been moved and second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-709
A RESOLUTION OF THE MIAMI CITY COMMISSION CONSENTING TO
THE ENTRY OF A JUDGMENT AGAINST THE CITY OF MIAMI IN THE
AMOUNT OF $100,000 IN THE CASE OF MARCOS VALDEZ VS. THE
CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT CASE NO. 99-29887
CA(06), UPON THE UNDERSTANDING THAT THE CITY ATTORNEY'S
OFFICE WILL CHALLENGE AND LITIGATE THE COLLECTIBILITY OF
THE JUDGMENT UNDER FLORIDA'S SOVEREIGN IMMUNITY
STATUTE, THAT IF THE CITY OF MIAMI PREVAILS ON THE ISSUE OF
COLLECTIBILITY, MARCOS VALDEZ WILL HAVE TO SEEK A
LEGISLATIVE CLAIMS BILL TO SATISFY THE JUDGMENT, AND IF THE
CITY DOES NOT PREVAIL IN CHALLENGING THE COLLECTIBILITY OF
THE JUDGMENT, THE JUDGMENT WILL BE SATISFIED BY PAYMENT
FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE INDEX NO. 5155001.624401.6.652.
291 June 13, 2002
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
90. AUTHORIZE MANAGER TO COSPONSOR FLORIDA INTERNATIONAL
UNIVERSITY'S INAUGURAL FOOTBALL SEASON; AUTHORIZE PLACEMENT OF
BANNERS ON LIGHT POLES LOCATED WITHIN CITY TO PROMOTE SAID EVENT.
Chairman Regalado: Pocket items. Pocket --
Vice Chairman Winton: Banner Sponsorship -- you know, if I weren't tied closely to FIU
(Florida International University), I would be struggling to do this, since I'm a major Canes --
Hurricanes fan football, but I'm going to -- sponsoring a banner request for FIU's inaugural
football season, the Golden Panthers. So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: OK. It's been moved and second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-710
A MOTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO COSPONSOR FLORIDA INTERNATIONAL
UNIVERSITY'S INAUGURAL FOOTBALL SEASON; FURTHER
AUTHORIZING THE PLACEMENT OF BANNERS ON LIGHT POLES
LOCATED WITHIN THE CITY OF MIAMI TO PROMOTE SAID EVENT.
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
292 June 13, 2002
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Traitor.
91. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH
NESTLE PURINA PETCARE COMPANY (DONOR), TO PROVIDE THAT DONOR SHALL:
(1) DONATE $8,200 FOR CITY'S PURCHASE AND INSTALLATION OF ADDITIONAL
IMPROVEMENTS AT BLANCHE AND KENNEDY DOG PARKS; (2) BE INDEMNIFIED
FROM RESPONSIBILITY OR LIABILITY FOR ANY LOSS, CLAIM OR INJURY FROM
CITY'S OPERATION OF SAID PARKS; AND (3) BE PERMITTED TO BE IDENTIFIED AS
SPONSOR BY PLACING SIGNAGE ON PARKS' KIOSKS.
Vice Chairman Winton: And in addition to that, we've got a resolution accepting $8,200 more
from Purina for more doggy park stuff. So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and second, doggy -- all in favor, say "aye."
Commission (collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-711
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH NESTLE PURINA PETCARE COMPANY
("DONOR"), FORMERLY RALSTON PURINA COMPANY, TO PROVIDE
THAT DONOR SHALL: (1) DONATE $8,200 FOR THE CITY'S PURCHASE
AND INSTALLATION OF ADDITIONAL IMPROVEMENTS AT BLANCHE
AND KENNEDY DOG PARKS; (2) BE INDEMNIFIED FROM
RESPONSIBILITY OR LIABILITY FOR ANY LOSS, CLAIM OR INJURY
FROM THE CITY'S OPERATION OF SAID PARKS; AND (3) BE
PERMITTED TO BE IDENTIFIED AS A SPONSOR BY PLACING SIGNAGE
ON THE PARKS' KIOSKS.
293 June 13, 2002
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
92. APPROVE EVENT LOGO FOR AMERICA'S BIRTHDAY BASH, FOURTH OF JULY
CELEBRATION AT BAYFRONT PARK.
Chairman Regalado: Commissioner Gonzalez, you have any pocket items?
Commissioner Gonzalez: Not right now. No.
Chairman Regalado: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, I have a pocket item, respectfully recommending that
the City Commission approve the event logo for the America's Birthday Bash, 4th of July
Celebration, at Bayfront Park. And, basically, what it allows is the City -- them to use the
company Unipro, who is holding the event at Bayfront Park downtown -- to use the City's logo
as the official City of Miami 4th of July Celebration, Bayfront Park/Downtown Miami, and this
is the logo.
Commissioner Teele: Second the motion.
Chairman Regalado: We have a motion and a second. All in favor, say, "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 02-712
A MOTION APPROVING THE EVENT LOGO FOR THE AMERICA'S
BIRTHDAY BASH 4TH OF JULY CELEBRATION AT BAYFRONT PARK.
294 June 13, 2002
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Winton: Do you have a fireworks deal?
Commissioner Sanchez: Yes. As a matter of fact --
Commissioner Teele: What kind of fireworks deal?
Vice Chairman Winton: Yeah. And should we go down there?
Commissioner Sanchez: Ten. This year's going to be better than ever, because everybody's
putting together -- as a matter of fact, Bayside is putting more money into their fireworks display
and so are we. So, it's going to be a great event.
Vice Chairman Winton: So, is there a place where we -- all congregate down there?
Commissioner Sanchez: Yeah.
Vice Chairman Winton: You'll tell us about it later?
Commissioner Sanchez: Yeah, I'll give you all the information.
93. AUTHORIZE MANAGER TO COSPONSOR OF SANTA'S ENCHANTED FOREST;
AUTHORIZE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY
TO PROMOTE SAID EVENT.
Commissioner Sanchez: Also, the pocket item, I respectfully request the City Commission to
consider cosponsorship with the Santa's Enchanted Forest, to allow hanging banners on light
poles, and also they provide tickets, which I will split equally with all five of my colleagues.
Commissioner Gonzalez: Second.
Chairman Regalado: OK.
Commissioner Teele: Call the question.
295 June 13, 2002
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-713
A MOTION AUTHORIZING THE CITY MANAGER TO COSPONSOR OF
SANTA'S ENCHANTED FOREST; FURTHER AUTHORIZING THE
PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE
CITY OF MIAMI TO PROMOTE SAID EVENT.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
94. RESCIND RESOLUTION 02-577 AND SUBSTITUTE RESOLUTION REQUESTING
THAT FLORIDA DEPARTMENT OF TRANSPORTATION CONVEY SURPLUS
PROPERTY TO CITY OR TO SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY FOR PUBLIC CONSIDERATION OF REMOVAL OF SLUM
AND BLIGHT WITHIN SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA OF CITY.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Vilarello: At the May 23rd Commission meeting, the City requested that FDOT (Florida
Department of Transportation) provide some surplus property to the City, and the City would use
it either to receive it or designate another entity, like the CRA (Community Redevelopment
Agency), in order to --
Chairman Regalado: Right, and we need to modify that.
296 June 13, 2002
Mr. Vilarello: -- take care of some (UNINTELLIGIBLE) the resolution was somewhat
confusing. I think the City Commission's intent was for the State to give it to the City, and if the
City Commission decides, the City Commission could give that to the CRA, and this resolution,
which I'm passing out a copy of it, will correct that.
Chairman Regalado: Do we need to rescind --
Mr. Vilarello: It rescinds resolution number 02-577 and --
Chairman Regalado: Do we have a motion to rescind this --
Commissioner Teele: No, no, no. This motion rescinds it itself, doesn't it?
Mr. Vilarello: It rescinds it itself and then adopts the --
Commissioner Teele: Would you read the title?
Mr. Vilarello: -- within the same resolution. A resolution of the Miami City Commission, with
attachments, rescinding resolution number 02-577 in its entirety and substituting in lieu thereof
the herein resolution, requesting that the Florida Department of Transportation conveys surplus
property to the City of Miami, or if the City Commission so designates, to the Southeast
Overtown/Park West Community Redevelopment Agency --
Commissioner Teele: So moved, Mr. Chairman.
Mr. Vilarello: -- for no consideration for the public purpose of removal of slum and blight
within the Southeast Overtown/Park West Redevelopment Area of the City of Miami;
authorizing the acceptance of the deed for the subject land with a reverter clause, and authorizing
the City Manager to exercise the provisions contained therein.
Commissioner Teele: So moved.
Chairman Regalado: OK, we have a motion, and do we have a second?
Commissioner Gonzalez: Second.
Chairman Regalado: Second. All in favor, say "aye."
The Commission (Collectively): Aye.
297 June 13, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-714
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S) RESCINDING RESOLUTION 02-577, IN ITS ENTIRETY,
AND SUBSTITUTING IN LIEU THEREOF THE HEREIN RESOLUTION
REQUESTING THAT THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") CONVEY SURPLUS PROPERTY TO THE
CITY OF MIAMI, OR IF THE CITY COMMISSION SO DESIGNATES, TO
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY (THE "CRA"), FOR NO CONSIDERATION,
FOR THE PUBLIC PURPOSE OF REMOVAL OF SLUM AND BLIGHT
WITHIN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA OF THE CITY OF MIAMI; AUTHORIZING THE
ACCEPTANCE OF A DEED FOR THE SUBJECT LAND WITH A
REVERTER CLAUSE; AND AUTHORIZING THE CITY MANAGER TO
EXERCISE PROVISIONS CONTAINED HEREIN.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
95. REQUEST APPROPRIATE CITY DEPARTMENTS, SPECIFICALLY DEPARTMENT
OF PLANNING AND ZONING, TO CONSIDER REQUEST MADE BY CRA TO SEEK
HISTORICAL DESIGNATION OF DIVINE CHURCH MISSION BUILDING LOCATED AT
910 N.W. 2 COURT.
Chairman Regalado: That's it.
Commissioner Teele: Mr. Chairman, resolution of the City Commission requesting the Manager
and appropriate City agencies, specifically Planning and Zoning, to consider the requests made
by the CRA (Community Redevelopment Agency) pursuant to CRA resolution R-02-1, to seek
the historical designation of the Divine Church Mission building, located at 910 Northwest 2" d
Court. So moved.
Commissioner Sanchez: Second.
298 June 13, 2002
Chairman Regalado: It's been moved and second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-715
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO INSTRUCT THE APPROPRIATE CITY
DEPARTMENTS, INCLUDING THE DEPARTMENT OF PLANNING AND
ZONING, TO CONSIDER THE COMMUNITY REDEVELOPMENT
AGENCY'S REQUEST, PURSUANT TO RESOLUTION SEOPW/CRA 02-
101, TO SEEK THE HISTORIC DESIGNATION OF THE DIVINE CHURCH
MISSION BUILDING LOCATED AT 910 NORTHWEST 2 COURT, MIAMI,
FLORIDA.
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.
96. ACKNOWLEDGE PROVISION OF TECHNICAL ASSISTANCE BY CITY TO CRA;
ACKNOWLEDGE THAT CITY HAS MET ITS OBLIGATION BY PROVIDING
APPRAISAL ON PARKING LOT P-5 LOCATED WITHIN SOUTHEAST OVERTOWN
PARKWEST REDEVELOPMENT AREA AT 936 N.W. 3 AVENUE; ACKNOWLEDGE
CRA'S DECISION TO ESTABLISH MINIMUM BID PRICE OF $50,000 ON SALE OF
PARKING LOT P5.
Commissioner Teele: A resolution of the City Commission acknowledging the technical --
provision of technical assistance by the City to the CRA (Community Redevelopment Agency)
and acknowledging that all technical assistance must be in accordance with the provisions under
Florida Statute 163, and further acknowledging that the City has met its obligations under
Florida Statute 163 by providing an appraisal of the parking lot P5, located within the boundaries
at 936 Northwest 3rd Avenue, and acknowledging the CRA's decision to establish a minimum
bid of $50,000 on the sale of the parking lot, as being in the best interest of the City -- of the
299 June 13, 2002
public, and directing that the City Attorney and City Manager provide training to the City staff
on the provisions of Chapter 163. So moved.
Commissioner Gonzalez: Second.
Vice Chairman Winton: What? So --
Chairman Regalado: It's been moved and second.
Vice Chairman Winton: -- what are we doing there?
Commissioner Teele: You're acknowledging --
Commissioner Sanchez: The price.
Commissioner Teele: -- you're acknowledging -- no. You're acknowledging that the City,
under Chapter 163, can provide -- must provide a minimum appraisal, which they've done, at
$20,000 in writing, and establishing that the CRA has accepted -- acknowledged that and
established a price of $50,000 for the sale, and further requiring or requesting that future
technical assistance be provided in accordance with 163, and not the City charter, per se.
Vice Chairman Winton: So are we -- so does this include the fact that we're selling a piece of
land?
Commissioner Teele: This does include that.
Vice Chairman Winton: Ah, it's late.
Commissioner Teele: But just know this, this doesn't do anything because the City doesn't own
the land, the City can't control the land. The CRA is a separate agency and it acknowledges that
the City Manager has met his provisions under Chapter 163.
Vice Chairman Winton: OK, so if there were to be -- then what's the purpose of having this
$50,000 sale price in here?
Commissioner Teele: Because that's what -- it's acknowledging what we've already established.
Vice Chairman Winton: Oh, OK.
Commissioner Teele: There was a recommendation --
Vice Chairman Winton: I got it. I remember.
Commissioner Teele: There was not a recommendation; there was a finding that the value was
$20,000. The CRA said, "We will bid it, but not for less than $50,000."
300 June 13, 2002
Vice Chairman Winton: Got it.
Commissioner Sanchez: Exactly.
Commissioner Teele: OK, so moved.
Commissioner Sanchez: Call the question.
Commissioner Gonzalez: Second.
Chairman Regalado: It's been moved and second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-716
A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING
THE CITY'S PROVISION OF TECHNICAL ASSISTANCE TO THE
SOUTHEAST OVERTOWN PARKWEST COMMUNITY REDEVELOPMENT
AGENCY ("SEOPW/CRA") IN ACCORDANCE WITH CHAPTER 163,
FLORIDA STATUTES ("FS"); FURTHER ACKNOWLEDGING THE CITY'S
COMPLIANCE TO PROVISIONS OF THE FS FOR APPRAISAL REPORTS
RELATED TO PARKING LOT P-5, LOCATED AT 936 NORTHWEST 3RD
AVENUE, MIAMI, FLORIDA, AND THE SEOPW/CRA' S ESTABLISHMENT
OF A MINIMUM BID PRICE OF NO LESS THAN $50,000 FOR THE
PURCHASE OF SAID LOT; AND DIRECTING THE CITY ATTORNEY TO
THE CITY MANAGER TO PROVIDE ADVICE AND TRAINING TO THE
DEPARTMENT OF ASSET MANAGEMENT RELATED TO THE FS.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
97. FIRST READING ORDINANCE: AMEND SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PLAN TO EXTEND BOUNDARIES OF COMMUNITY
301 June 13, 2002
REDEVELOPMENT AREA; AMEND SECTION 14-252 OF CITY CODE ENTITLED
"DOWNTOWN DEVELOPMENT, SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY,
GENERALLY", TO REFLECT AMENDMENT OF PLAN.
Commissioner Teele: And then this is the ordinance that is the first reading prior to the second
reading being on June the 24, with the understanding that this ordinance -- that the Manager will
provide his independent advice to the City Commission prior to the inaction of this ordinance.
An ordinance of the City Commission, with attachments and amendments, modifying the
Southeast Overtown/Park West Community Development Plan, to extend the boundaries of the
community development areas described in Exhibit A and incorporated therein; amending
Chapter 14, Article 5, Division 1 of the Code of the City of Miami, as amended, entitled
"Downtown Development Southeast Overtown/Park West Redevelopment District," and
"Community Redevelopment Agency Generally"; to reflect the amendments and modifications
of the Southeast Overtown/Park West Community Redevelopment Plan; more particularly, by
amending Sections 14-252 of said Code; containing a repealer provision and severability and
providing an -- for an immediate effective date. So moved.
Commissioner Sanchez: First reading.
Vice Chairman Winton: Second.
Chairman Regalado: First reading --
Commissioner Teele: For first reading.
Vice Chairman Winton: First reading.
Chairman Regalado: Read the ordinance.
Brett Bibeaux: If I may?
Alejandro Vilarello (City Attorney): Commissioners --
Mr. Bibeaux: Is this for all the options, "A" through "E"?
Chairman Regalado: No. He just said "A."
Mr. Bibeaux: Just for option "A"?
Chairman Regalado: Yeah.
Mr. Vilarello: No. Well --
Vice Chairman Winton: No.
302 June 13, 2002
Mr. Vilarello: No, Commissioner.
Vice Chairman Winton: The whole thing.
Mr. Vilarello: And Commissioner Teele did read the caption for first reading.
Commissioner Sanchez: First reading is everything, but it's only first reading. The second
reading.
Mr. Vilarello: But it does include all, and at second reading, the City Commission will consider
shrinking the boundaries or going to the full extent of the attachment.
Mr. Bibeaux: Just one quick question. The southern boundaries of option B and C?
Mr. Vilarello: I believe -- I don't want to speak on behalf of Commissioner Teele, but simply
this --
Commissioner Teele: There is --
Mr. Vilarello: -- is operationally placing every item before the Commission on the 24th. The
debate on what the boundaries will be, will be on the 24th
Chairman Regalado: So, Brett, you are invited to debate.
Mr. Bibeaux: The --
Commissioner Teele: Under the County code, by the way, there is no discussion or debate of
reading items on first reading, just for the record. This is purely a procedural to put the matter
properly before the Commission on June 24th. You will be afforded every opportunity to do
what we agreed already to do, and it is my intent to truncate the southern boundaries, as we have
agreed to do with you, in public.
Mr. Bibeaux: The southern boundary of B, being Northwest 5th Street or --?
Chairman Regalado: There is -- you know, I cannot open for public hearing. We will have a
public hearing on the 24th
Mr. Bibeaux: Is it possible to get a copy of the exhibit that has the boundaries that's being
approved here?
Chairman Regalado: Yeah, that is possible. That is --
Mr. Bibeaux: And if I could just look at that --
Commissioner Teele: Nothing is being approved here.
Mr. Bibeaux: For first reading.
303 June 13, 2002
Commissioner Teele: This is being approved for first reading only.
Mr. Bibeaux: Right.
Commissioner Teele: Yes.
Chairman Regalado: OK.
Mr. Bibeaux: If I could just take a look at that. If the southern boundaries of "B" are Northwest
5th Street and "C" are Northwest 7th Street, as advertised in the Herald, that's all that -- do what
you will.
Commissioner Teele: Well, thank you for permission, but you know, let me tell you, you're not
winning any points right about now. It's 10 o'clock, and we've given you every courtesy by
telling you that we will adjust, as associated with the Miami River Commission's request, and if
that's not good enough for you, then, you know, let's cancel the deal, and let's have a full
hearing on it on the 2e, but if you can't take the word of the Commission, then -- it's 10 o'clock
at night.
Commissioner Sanchez: Right. It's first --
Mr. Bibeaux: I absolutely can, and I thank you for your time.
Commissioner Sanchez: It's first reading.
Chairman Regalado: Thank you. Read the ordinance. It's already read?
Priscilla A. Thompson (City Clerk): You read it.
Mr. Vilarello: I'd be happy to read it again.
Chairman Regalado: No, no, that's OK. That's OK. Roll call.
304 June 13, 2002
An Ordinance -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING AND MODIFYING THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN TO
EXTEND THE BOUNDARIES OF THE COMMUNITY REDEVELOPMENT
AREA AS DESCRIBED IN "EXHIBIT A" AND INCORPORATED HEREIN;
AMENDING CHAPTER 14, ARTICLE V, DIVISION 1, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"DOWNTOWN DEVELOPMENT, SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT
AGENCY, GENERALLY", TO REFLECT THE AMENDMENT AND
MODIFICATION OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PLAN, MORE PARTICULARLY BY
AMENDING SECTION 14-252 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Vice Chairman Winton, and was passed on
first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: Motion to adjourn.
Vice Chairman Winton: Yes.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
305 June 13, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-717
A MOTION TO ADJOURN TODAY'S COMMISSION MEETING.
Upon being seconded by Commissioner 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.
306 June 13, 2002
There being no further business to come before the City Commission, the meeting was adjourned
at 10:20 p.m.
ATTEST:
PRISCILLA A. THOMPSON
City Clerk
SYLVIA SCHEIDER
Assistant City Clerk
MANUEL A. DIAZ
Mayor
307 June 13, 2002