Loading...
HomeMy WebLinkAboutCC 2002-06-27 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th 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 9:22 a.m. by Chairman Thomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) (9:22 a.m.) ALSO PRESENT: Carlos A. Gimenez, City Manager Alejandro Vilarello, City Attorney Pricilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk June 27, 2002 1. SUPPORT UNITED SUPPORT UNITED STATES SENATE'S RESOLUTION CONDEMNING NINTH CIRCUIT COURT OF APPEALS RULING THAT PLEDGE OF ALLEGIANCE WITH WORDS "UNDER GOD" IS UNCONSTITUTIONAL BECAUSE IT ENDORSES RELIGION; URGE UNITED STATES HOUSE OF REPRESENTATIVES TO ADOPT SIMILAR LEGISLATION CONDEMNING SAID RULING. Chairman Regalado: Good morning. This is a regular City Commission meeting. Commissioner Sanchez will do the invocation; Vice Chairman Winton the pledge of allegiance. Commissioner Sanchez. An invocation was delivered by Commissioner Joe Sanchez, after which Vice Chairman Johnny L. Winton led those present in a pledge of allegiance to the flag. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I would like to introduce a resolution that -- in support of the vote of the United States Senate yesterday, I think that -- there was a unanimous vote yesterday in support of continuing to allow for the pledge of allegiance, as it's currently written, to be used in governmental situations, and so moved. Commissioner Sanchez: Second. Chairman Regalado: It's a -- we have a motion and a second. Vice Chairman Winton: And from a comment stand point, you know, as the guy introducing this resolution, I don't go to church. I haven't been in a church, except for a wedding, in I can't tell you how long so, you know, this isn't coming from -- Commissioner Sanchez: A religious point of view. Vice Chairman Winton: -- a religious point of view. This is coming from our -- at least from my view of point -- from the tradition from our great county here, and so that's my motivation. Chairman Regalado: And it would follow the 99:0 vote of the United States Senate last night. As a matter of fact, all members of Congress were gathered this morning at the steps of the Capital to recite the pledge of allegiance, so your resolution, it's important because it shows the support of the people of Miami to this tradition. And if you wish, we can direct the City Clerk to send this to the President of the Senate -- of the Untied States and signed by the Mayor and all members of the Commission. Vice Chairman Winton: That'd be great. Chairman Regalado: All in favor, say "aye." 2 June 27, 2002 The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-722 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE UNITED STATES SENATE'S RESOLUTION CONDEMNING THE NINTH CIRCUIT COURT OF APPEALS RULING THAT THE PLEDGE OF ALLEGIANCE WITH THE WORDS "UNDER GOD" IS UNCONSTITUTIONAL BECAUSE IT ENDORSES RELIGION; FURTHER URGING THE UNITED STATES HOUSE OF REPRESENTATIVES TO ADOPT SIMILAR LEGISLATION CONDEMNING SAID RULING; DIRECTING THE CITY CLERK TO TRANSMIT TO THE HEREIN DESIGNATED OFFICIALS. 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 Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: None. 2. BRIEF COMMENTS BY CHAIRMAN REGALADO REGARDING FLOODING PROBLEMS IN FLAGAMI AND BELLE MEADE AREAS. Chairman Regalado: We have some proclamations, but before we do that, I would like -- and I know that I'm doing this on behalf of the Mayor and members of the Commission -- to commend Public Works for the work that they did yesterday in the Flagami area and the Bell Meade area, bringing pumps to alleviate the streets that were flooded. The Mayor, Commissioner Gonzalez and myself, we were on Northwest 4th Terrace and 48th Avenue yesterday and, you know, you feel really bad when you see that water is coming into the houses, and the people are trying to save the furniture, and hold their belongings. And Public Works was there. They pumped on 47 -- 48th Court, 47th Avenue, 47th Court, 64th Avenue and 6th Street Southwest, and I did -- I checked all afternoon and they did an extraordinary work, so on behalf of the residents of District 4, I'd like to commend Mr. Manager, Public Works 3 June 27, 2002 Carlos Gimenez (City Manager): Thank you, sir. I'll pass it on to them. And I know that they've made a lot of strides in the last couple of years in getting the right equipment and the right plan in place to try to alleviate, as much as possible, the flooding that happens in those areas. Thank you very much. 3. PRESENTATIONS AND PROCLAMATIONS SALUTE TO MUSIC COMPOSER AND POET, RAFELITO MARRERO, DOMINICAN - AMERICAN WHO LIVES IN CITY AND HAS ENRICHED CULTURAL AND ARTISTIC PART OF OUR CITY. CERTIFICATE OF APPRECIATION TO NILO ARGUELLES, IN RECOGNITION OF HIS 22 YEARS OF DISTINGUISHED WORK AT SOLID WASTE DEPARTMENT AND HIS DEVOTED SERVICE TO PEOPLE. Chairman Regalado: Mr. Mayor, do you have proclamations? Note for the Record: Presentations made. 4. DIRECT ADMINISTRATION TO RESEARCH HOW STATE HANDLES ITS BUDGET PROCESS IN TERMS OF EXTENT OF INVOLVEMENT OF ELECTED OFFICIALS; ADMINISTRATION TO COME BACK WITH MORE TRANSPARENT PROCESS THAT INVOLVES ALL AFFECTED PARTIES IN BUDGET PROCESS. Chairman Regalado: If we're done with proclamations and awards -- Mr. Mayor, do you wish to -- before we start with the Consent Agenda, do you wish to do now your blue page? Some of the items in your blue page? Mayor Diaz: I'm going to do one item now and then one item (INAUDIBLE). Linda Haskins: I believe Item B on the Mayor's blue page is -- I'm sorry. Linda Haskins, Senior Advisor of Finance for the Mayor. Item B on the Mayor's blue pages is the amendment to the Financial Integrity Ordinance. The Financial Integrity Ordinance was established while the City of Miami was under the direction of the Financial Oversight Board. It was intended to institutionalize certain best practices with regard to the financial policies of the City of Miami, and the main concern of the Oversight Board at the time was to build reserves, and I think we, the City of Miami, under -- over that time exceeded all expectations of where reserves would be. What we wanted to do is take a look at the Financial Integrity Ordinance and set good goals for General Fund balances, but also provide our elected officials more flexibility with regard to allocating budget surpluses to strategic needs for the City. The amendment changes two categories of reserves: The designated reserves, which are those that are designated for specific purposes, such as compensated absences, accruals, risk management liabilities, and that sort of thing, is actually decreasing. Under the current Financial Integrity Ordinance, it's requiring 100 percent reserves. If you look at municipalities and counties throughout the countries, no one is anywhere close to reserving those at 100 percent. We're suggesting reducing that reserve level 4 June 27, 2002 to 50 percent of the liabilities that are actually reflected in the general long-term, that account group related to risk management and compensated absences. The designated -- the undesignated reserves are those fund balances that are there for protection in case something terrible happens to the City. The current Financial Integrity Ordinance requires a reserve level of about eight percent. We're recommending that that reserve level be increased to 10 percent. Again, that -- we've had discussions -- I had personal discussions with Moody's, with other municipalities, with former members of the Financial Oversight Board and, of course, in the briefings with the Commissioners to see that we were in line with what is best practices, and the ten percent appears to be a very appropriate number. What that does for us is, as of -- based on the requirements that if this had been in effect as of 9-30-01 and based on the numbers that we had as of that date, we would be in full compliance with this ordinance as of 9-30-02, based on current budget projections and, in fact, we should have a little bit of a surplus in case our risk management liabilities increase. The next change was to look at the surpluses of certain areas and have some automatic action taken so that there wouldn't -- we wouldn't have to wait until books are closed and audits are delivered and that sort of thing so there would be certain automatic actions. Currently, what's been happening with Commissioner surpluses: At the end of the year, the Commissioners will vote to delegate their budget surpluses to certain areas, and actually into the current Financial Integrity Ordinance. That's a technical violation, but we recognize that for the elected officials, you want to be able to designate your surplus and do something with your surplus, whether it's to use it for your own budgets or give it to NET (Neighborhood Enhancement Team) offices, as Commissioner Regalado typically does, that sort of thing. So what we set in place in this amendment is that the budget surpluses of elected officials will automatically roll into the next year's budget of those elected officials. That will also give Commissioners flexibility or elected officials the flexibility to retain staff at the time -- those last few months that they may be term limited, when there's going to be a change. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Has this gone to the Manager's office or has anyone on the Commission reviewed this? That's a ridiculous proposal. That's the most ridiculous thing I've ever heard. Vice Chairman Winton: What was that? Commissioner Teele: What was just said. First of all, we're talking about one percent of one percent of one percent. We're talking about 15 to $20,000, and the only thing that's getting ready to happen now is that, first of all, I don't think that the Mayor's office should be trying to run the Commissioners' offices. That's number one. And there should be a very clear line of respect between the office of the Mayor and the office of the Commission, and as long as I am here as an elected official, in the United States of America, I'm going to insist upon certain basic constitutional rights, and the Mayor's office has no business trying to tell the Commissioners how to run their budgets. That rollover would create such distortions over a period of time, if every Commissioner is able. I can remember Harvey Ruvin. Harvey Ruvin never used but 25, 30 of his budget. And if you start rolling over budgets, what's going to happen is the Harvey Ruvins of the world will start a budget one year with $800,000 and the next Commissioner, 5 June 27, 2002 who's just been elected -- assuming people do get re-elected and are ousted -- is going to start a budget with 200,000. It's going to create such a numerical distortion. You know, Commissioners should use their money; they should designate the money. If they don't use the money, they should designate it for daycare facilities or park facilities or something, but we should not start this budget off each year with distortions between the districts. This is a slippery slope, and I think this thing needs to be vetted. I think it needs to be carefully thought out. I want the Manager's recommendations. There is no Manager's recommendations here, at all, on this report, and I don't think we should start tampering with a budget and financial integrity act until we at least have the advice of the Manager, and that is not to say that I think the Managers office should be the giant computer that tells us what to do, but I think this needs to be vetted, but I particularly think, as I've said before, the Mayor's office needs to be extremely cautious in weighing in on the legislative prerogative. I think that, you know, the kinds of things that are beginning to go on now is very dangerous, and it's very dangerous for the collegiality of this Commission. And I'm going to say it because -- I mean, you know, the fact of the matter is, we are in America, and this is not a hybrid form of government that we're getting ready to create over here at City Hall where the Mayor's office is going to start running the Commission office. That's just not right, so -- I mean, with all due respect, I'd like some time to review this. I'd like to review this with the Mayor. I'd like to review this with the Manager, but this is a serious matter and there is no Manager's report here. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: I just have one question. Did somebody check with Moody on this to make sure that our bond ratings are not affected? I think that the last thing that we want to do, send a clear message that we're going back to our old ways here, and I'm very concerned with that. Ms. Haskins: Yes, it was checked with Moody's. Commissioner Sanchez: It was checked? Ms. Haskins: Yes. Commissioner Sanchez: And the other is, you know, somewhere along the line, a Financial Integrity Ordinance, we're going to need it. I mean, that's just the bottom line. Whether we could work together with the Mayor's office, I don't see this as a take-over from the Mayor's office, but if we could work together on this, I think it's good for the City and it's a clear message that we are making sure that we don't end up how we did several years ago. Thank you. Ms. Haskins: Yes, sir. This was vetted with the Manager's office. Commissioner Teele: Mr. Chairman, on the point, I've asked Ms Haskins in her previous life and I'll restate it again, what this integrity ordinance needs is a quarterly budget review, with the 6 June 27, 2002 office of the Mayor in the lead, with the office of the Mayor in the lead, with the office of the Mayor in the lead; with Commission representatives present, with the Manager presenting it, the same thing that we did during the Oversight Board. Where we're going now is, we're back to this mono control and it just seems now to be a mono -- we're back to this mono control. We need transparency. We need to know where budget estimates are on a quarterly basis. We should have taken the identical process that the Oversight Board required in their Estimating Conference and we should -- and that was what I thought we were coming back with, Ms Haskins, and I've discussed this with you privately for a year and a half. I said, we need to institutionalize the Estimating Conference process, and we need to do this in a formal way, the same way the state does it, the same way other units of government do it, where there is a Joint Estimating Conference and everybody sits around the table. Now, the problem is, to be very candid with you, the Mayor, who's paid a salary; the Manager, who's paid a salary; two branches of government are fully recognized and, Mr. Chairman, unless you're beginning -- ready to get some green eye shades and become a budget expert -- you know, somewhere along the line, there needs to be a legislative budget process or a legislative budget officer that can sit around the table. Because if we want to make sure we don't go back into the old days -- the old days was, there was one person determining all the numbers. That needs to stop. The one person needs to be a Joint Estimating Conference in which the Mayor's office, you know, is dealing with strategic and macro issues and not dealing with a micro issue, like the $18,000 or the $7,000 that's left in a Commissioner's budget. You know, we need to deal with macro issues here and not micro issues, and it's very fashionable to throw the Commissioners out and to make this thing about how much money Commissioners spend, but I will tell you right here, right now, the Commissioners' budget don't represent one percent of one percent of this budget. Vice Chairman Winton: Commissioner Teele, I think that you're on the right track, and so what I would like to hear you say -- that I think you've almost said -- is redefine clearly here, so we're all understanding it, the process and the make-up of this process that I think I hear you suggesting. I don't understand it clearly, yet, but I think that you have a suggestion here that probably makes some sense. I'm not taking offense from the Mayor's office, at all. I'm thrilled that he's providing some leadership, but your points are well taken, and I'm not quarreling with your points. I think they're well taken points, and so what we have to do now is figure out what the process will be that will allow, finally, a Mayor in this city to provide some real leadership, but to do it within the framework of how we're organized, and I think that's what you're talking about here and I think you have a suggestion and I'd like to hear you really kind of articulate that a little more clearly so I understand it. Commissioner Teele: Mr. Chairman, to Commissioner Winton, I said -- and I will repeat -- the joint estimating process that the Oversight Board left, that has not gone on since they left, should be led by the office of the Mayor. When I approved the budget for a strategic advisor to the Mayor, it was my understanding that that was the type of process, and macro issues were going to be put into effect. And I will come back and say again, I don't think that the Commission should lead it. I don't think that the Managers should lead it. I think there is a clear role for the office of the Mayor and the most important role, in terms of what went wrong over the last ten years with the City, was that nobody really kept watch over the books. I mean, you had -- a similar situation is playing out in Wall Street right now, where reoccurring expenses were booked as capital expenses and capital expenses were booked as operating expenses, and you 7 June 27, 2002 had no real oversight over this in a collegial and in a manner consistent with the separation of powers that's envisioned in our constitutional process. The Manager's office, which is responsible, should be -- have oversight provided through the office of the Mayor, and I take -- I don't want this characterized as taking offense, at all, to anything that the Mayor's office is proposing as it relates to macro issues, but I do take offense, Commissioner Winton -- and I will say it very clearly and I will say it as long as I'm here -- to micro managing and to the kinds of things that are beginning to develop through the office of the Mayor, where you've got a Mayor drawing boundary lines for Commissioners, OK, that's not consistent with the framework of this country, and Miami is a mega trend City. This in not your basic Arkadelphia, Arkansas, where I came from or my mother came from. This is a mega trend City. I would hate for the Mayor of Managua to site the City of Miami as why they -- he should be deciding the boundary lines in Managua because that's what's happening, and that is the danger in what we do here so much. We are a major city and what we do here is replicated, and what we should do is be faithful to the Constitution and the process that brought us this far, and there is a clear role between the executive and the legislative, as much as we -- you know, and the problem, Johnny, is when the Mayor was a ceremonial mayor, who was really a legislative officer who voted, you had a different kind of mayor. You had the same term but a whole different process, you know. There should be a very healthy respect between our office as legislators and the Mayor's office and vice -versa, and it's not -- I hold -- I said to the Herald yesterday, I think Manny Diaz is one of the finest people I've ever worked with in public office. I hold him in very high respect, but I think, in his office, somebody's going to have to get control of what's going on up there before this becomes another situation like we just came out of Because what's happening now is, micro issues are beginning to pop up everywhere. Chairman Regalado: OK. Linda -- Vice Chairman Winton: But what's the role of the Commission in the Joint Estimating Conference, because I never understood the (INAUDIBLE)? Ms. Haskins: In the current -- in the -- in what was adopted under the Financial Oversight Board and what has continued since then and is preserved in here is, there is an Estimating Conference process and that was performed, as far as I know, since this Financial Integrity Ordinance went into place. We -- in last year's budget and for the fiscal 2002 budget, there was a report delivered. The Estimating Conference is comprised of a principal from the Budget office, a principal from the Finance department, and two non (UNINTELLIGIBLE) principals with public finance expertise. Those two people were Bertha Henry, the former assistant City Manager of the City of Miami, and Ed Marquez, the former City Manager or acting City Manager of the City of Miami, and they -- there were meeting -- and the other two members included myself last year and the Finance Director of the City of Miami. There was -- Vice Chairman Winton: And it meets how often? Ms. Haskins: It meets annually, and then there are discussions on budget ordinances, budget amendment ordinances. Budget amendments. Vice Chairman Winton: And what -- 8 June 27, 2002 Commissioner Teele: May I -- Commissioner Winton -- Vice Chairman Winton: Yes, please. Commissioner Teele: -- your question was what? Just state your question again. Ms. Haskins: But it meets more than annually. In connection with the annual budget, there were several meetings. Commissioner Teele: Mr. Chairman. Vice Chairman Winton: No. I said, what is the role of the Commission. Commissioner Teele: And the answer is zero. If Ms Haskins were being candid and honest with you, she would have said no role under this current act, which is exactly what she and I have discussed privately for the better part of 18 months. Vice Chairman Winton: And should there be or should there not be? Commissioner Teele: Absolutely. And it's not like this is a case of first impression. Why don't we, instead of -- you know, this isn't about Art Teele. Why don't we just ask Ms Haskins to research, or Mr. McDonald, how the state does it, OK? Let's just look at how the state does it. Let's don't -- Vice Chairman Winton: And other large municipal governments. Commissioner Teele: Or other large municipal governments. The way a Joint Estimating Conference should be done, first and foremost, it should be transparent. There should be a notice of the meeting, and it should be scheduled regularly, the first Monday of the first of each quarter, or the first Thursday of, you know, months ending in vowels or something, but it should be something that is clearly transparent. Second of all, it should have representatives of all of the affected parties. We're the ones who appropriate money. We're the only ones left out. We are the ones -- only the legislative body can appropriate money, so what we wind up doing is appropriating money without any basis in fact, other than the kind words of the Manager, OK, or the recommendation -- and I -- it's not about the Manager, and I don't -- Carlos, I don't want you to take this personally either. Carlos Gimenez (City Manager): Sir, I don't take anything personal. I think what you're trying to do makes sense. We're about transparency, and you should be informed. You should be in the loop. I think, maybe we can take this back and work closer with the Mayor and draft something, and then come up with a good, you know, estimating process that has all three branches, you know, represented so that everybody is on the same page. Ms. Haskins: The Mayor's office -- 9 June 27, 2002 Vice Chairman Winton: Well -- and I think what he -- Commissioner Teele: Mr. Manager, I'm more interested in transparency because, see, the truth of the matter is, the legislative branch's involvement would be much more symbolic and noticed than substance. We don't have anybody on our staff that has green-eyed shades or has one tenth of the competency of Ms Haskins and the staff that you have. We don't. That is a structural problem that this Commission one day will deal with. Vice Chairman Winton: Needs to fix. Commissioner Teele: Huh? Yeah, but the fact is, we're the ones who pass the budget. We're the ones who catch -- you know, let the thing jump the track. Commissioner Sanchez: Well, you said it. The Legis -- we're the ones that dictate the budget. We legislate the budget. Commissioner Teele: And with all due -- Commissioner Sanchez: One of the few responsibilities we have here. Commissioner Teele: -- respect to the Manager -- it's one of the few responsibilities that a legislative branch has under our frame of government, and the -- with all due respect to the President of the United States or the Chief Justices of the Supreme Court or a mayor or a manager, none of those four mentioned bodies can pass or appropriate funds, only the legislative body. Vice Chairman Winton: I think in terms of what comes back -- I think Commissioner Teele's idea of doing some research and figuring out, you know, how the state does it, how the large municipalities do it. Do that research and bring a new plan back to us, and I think everybody's going to be thrilled. Ms Haskin: We -- Absolutely. We can do that. Chairman Regalado: Linda. Ms. Haskins: That's not a problem at all. Chairman Regalado: Linda, it is -- as you know, it is a pattern of the City Commission, when a City Commissioner is uncomfortable, we will not vote on this issue, so -- respectfully, Mr. Mayor, if we can defer this and bring it back. Before you do, it will be a good that members of the Commission will be briefed by you and the Manager. Ms Haskin: Yes. Chairman Regalado: OK. Thank you. 10 June 27, 2002 5. BRIEF COMMENTS BY COMMISSIONER TEELE COMMENDING ANGELA BELLAMY FOR HER MANY YEARS OF SERVICE TO CITY. Chairman Regalado: The second item -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Before the Mayor leaves -- because I didn't want to get (INAUDIBLE). There are two issues that I would like to bring up for the good of the City, the good of the order to the Mayor. First, Mr. Mayor, I received notification by -- in writing, I guess on -- this past week that one of the City's top professionals is retiring after 26 years. This is her last time to be with us as an employee and, Mr. Manager, with your permission, I'd ask if you'd bring the Personnel Director forward, because I do know that the Mayor -- I've looked at the Mayor's schedule. The Mayor plans to be out of town for the retirement, and it is over the 4th of July week, which seems to be a time that a lot of people are going to be there. Ms. Bellamy is a native Miamian, and currently holds the position of Director of Human Resources for the City. Since her initial appointment, Mr. Mayor, in the City in 1976, she's held numerous professional jobs, and has had the distinction of being appointed as the first female assistant manager of the City of Miami. During her ten years as assistant manager from 1988 to '97, she continued as her role as Director of Human Resources. She's had responsibility over a period of time for Conventions and Conferences and Public Facilities, internal audit, safety, affirmative action, and she was the City's liaison with the Centennial 96 Committee. She has a master's degree from Vanderbilt, and Owens graduate management studies there in Nashville, and a bachelor's of Art from the prestigious historically black college Fisk University. She's a graduate of almost everything professional you can think of and she, of course, has been the chairman of -- in the past of "Do the Right Thing" and the Urban League. Her accomplishments are too numerous to mention, but I should mention the man who has suffered through all of this, who she's married to, Greg Bellamy, and she is the proud parent of two sons, Gregory Robinson and Matthew -- Evans Matthew Robinson, and they are very active members of Second Baptist Church down in Richmond Heights. I know that, at an appropriate time, Mr. Mayor, all of us will sign a proclamation, but I did, Mr. Mayor, want to give Ms Bellamy and the City the opportunity to give her a salute in the fashion that 26 years of honorable services. (APPLAUSE) Angela Bellamy (Director of Human Resources): I'd just like to -- can you hear me? I'd just like to thank the Mayor and Commission for the opportunity for being with the City and serving the citizens of Miami for the 26 years. I would like to add that I worked for the City five years prior to that, while I was in college as an intern, so it's five plus the 26. It has not always been easy, but it -- I have -- my love for the City will never die, and it was a tremendous opportunity, and I will continue to work for the City of Miami forever. Thank you. (APPLAUSE) 11 June 27, 2002 6. ENCOURAGE MAYOR AND MANAGER TO TAKE ADVANTAGE OF OPPORTUNITY TO EMBRACE CITY'S BRAZILIAN COMMUNITY BY CONSIDERING GRANTING LIBERAL ADMINISTRATIVE LEAVE DAY FOR BRAZILIANS WORKING FOR CITY IF BRAZIL WINS WORLD CUP; REQUEST THAT PROCLAMATION IN SUPPORT OF BRAZILIAN TEAM BE PREPARED. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman, the other matter that I'd like the Mayor -- Chairman Regalado: Mr. Mayor. Commissioner Teele: Mr. Chairman, the other matter that I'd like the Mayor to give us some advice on -- and, again, I think that the Mayor's leadership in restoring the Sister City Program -- Mr. Chairman, the other thing that I'd like the Mayor's advice on, I think the thing of the Mayor's restoring the Sister Cities Program and, most of all, the Mayor's wife's involvement -- welcomed involvement with the Consulate core is something that is very, very much needed. Mr. Mayor, we have the opportunity, I think, to reflect that Miami really is a city for all Americans in all of the Americas. Brazil has entered into the World Cup and I would hope that, if it's possible, your office could facilitate, if it's at all possible today, maybe the Consul General of Brazil or other persons to be able to be a part of this. I would like to work -- have your office to gain the support of the City of Miami providing a liberal administrative day to all Miamians that work for the City, that are of Brazilian decent. In the event -- in the likely event that Brazil wins the World Cup, I would like to sponsor legislation for those Brazilian citizens that are employees of the City to have a liberal administrative leave day. I guarantee you, Mr. Manager, you will find more Brazilians in this City than you ever dreamed. But I would also hope that the City would find it today an opportunity to do a proclamation in support of the Brazilian team and Commissioner Sanchez: Why (UNINTELLIGIBLE) bring Germany up? Commissioner Teele: - and to encourage the various businesses to host World Cup events and to encourage their own Conventions office and other activities. I know the unofficial Czar of soccer is on the Mayor's -- on the Manager's staff, but I think it would really be a tremendous, again, missed opportunity if we don't take this as an opportunity to embrace the Brazilian culture and the Brazilian community, not to exclude the Germans, but we do have a very, very strong Brazilian population here, and I know that the World Cup soccer is a -- not just a past -time, but it is a moment of immense national pride for the Brazilians, and I would also hope that that resolution would include the flying of Brazilian flags, from strategic points through the next seven days, around the City of Miami. I think, you know, what we have to do is talk more -- less about celebrating diversity and act more. I don't play soccer. It was not a part of anything that I did in Arkansas or North Carolina or Tallahassee where I grew up, but I certainly respect the communities, the Haitian communities, the Brazilian communities, the Caribbean communities that do play soccer and -- or football, as it would be referred to, and I would hope, Mr. Mayor, that later on today, we could come up with a resolution that we could all support to encourage the Brazilians to show their colors and show their flag and urge the Brazilians forward. I think it 12 June 27, 2002 would have tremendous economic potential to the City, and I would encourage the Mayor's office, working through the various offices, to encourage Brazilian involvement. Chairman Regalado: "Obrigado." Do we have a representative? I mean, you don't know what you're doing, because the Brazilians are really festive and by telling them, you know, do it all the way, but we do. And as a matter of fact, let me tell you something. There is a large group of Brazilian residents in the Silver Bluff area in District 4, and I'm really enjoying their relationship with my office, and these are very, very good people, and if -- you know, I would amend your resolution so we can probably get, as lunch, a "tres chilada" from Brazil, so you have - Anthony Georges -Pierre (Mayor's Office): Good morning, Mr. Chairman, Commissioners, Anthony Georges -Pierre from the Mayor's office. In light of what the Commissioners brought to the table, we actually have an intern, who's actually a Commissioner in Sao Paulo, Brazil, presently interning with the Mayor's office and the City Manager's office. Allow me to introduce to you Mr. Tunico Vieriz of Sao Paulo, Commissioner for the district. (APPLAUSE) Tunico Vieriz: Thank you. Good morning, Chairman, Good morning all the Commissioners, the Mayor. I try to speak in English, but my English is not good. Commissioner Teele: It's better than our Portuguese. Mr. Vieriz: It's pleasure for me to stay here few minutes on vacation and to visit to the Miami City for the -- to learn and other ideas and for my country, it's good. It's important for me to know another people, another project plans. My city is very big; have 800,000 people live there. We are 21 Commissioners in my city. It's a big, big city. The budget is the same of Miami, and plus another $400,000,000 for a year. It' s -- have the same problems. It's important for me to change the information. It's a pleasure for me. Good luck from my team and (UNINTELLIGIBLE) and thank you very much. Chairman Regalado: Thank you. (APPLAUSE) 7. TABLED: HAITIAN AMERICAN FOUNDATION, INC., ON BEHALF OF "15TH ANNUAL RADIO PIMAN BOUK ANNIVERSARY" TO ADDRESS COMMISSION REGARDING WAIVER OF FEES. Chairman Regalado: We have the last item that the Mayor wanted to do in the morning and I think it's presentation by Ringo Cayard regarding the Mardi Gras. No. Is it -- Yes. Ringo. Ringo Cayard: Good morning, Mr. Chairman, good morning, Commissioners. Actually, we have a dual presentation, one which is an event which happens every year in the City of Miami by one of our most famous radio announcer. His name is Voltaire Vonbouk, and what took place some eight and a half years ago, some people in our community could not afford to bury the 13 June 27, 2002 indigent. One lady went to him and tell him if he could make an announcement on the radio in order to gather the money for the family for the burial, and one thing led to another. He inherited the responsibility to bury the indigent in our community, and he's doing that to events that equal together every year, so this year he's doing one at the Joseph Knight Center on July 7th, who's going to be a celebration to get the Haitian to understand the 4th of July culture and, at the same time, to raise some funds for him to be able to keep with the burial system that he have put together. And also, part of the proceed is used for the toy drive during Christmas season. Last year he receive some donation from Commissioner Winton's office, Commissioner Teele's office, and the Mayor's office, because we had over 4,000 Haitian kids in these shop coming for the toys, and there is no way you could explain to a kid that there is no toys at Christmas season, so that's why we here in front of you asking for the support of the event in the form of helping him getting some funds toward the event happening. Chairman Regalado: OK. Thank you. Mr. Manager, do we have a recommendation from your office? Carlos Gimenez (City Manager): Yes, sir. There is a resolution that I've been handed that says, the resolution City of Miami Commission supporting -- Mr. Georges -Pierre: Actually -- I'm sorry to interrupt, Mr. Manager. That's not the resolution we're referring to. The item that's been placed is not an actual resolution. It's a speaking point to be addressed as -- in the form of a directive. Chairman Regalado: So what does that mean? Mr. Georges -Pierre: So the request is on behalf of Nelson Voltaire, the Piman Bour Radio Annual Celebration for July 7th is with regards to the assistance of financial assistance towards covering the coverage of the cost of the James L. Knight Center. As you all are well aware, it can't be waived, the costs, so he's asking for some financial assistance from the City of Miami with regard to that, since it's a positive endeavor towards the community that is actually within Commissioner Teele's district, District 5, directed towards assisting them with a number of positive endeavors. Commissioner Teele: The James L. Knight Center is in Commissioner Winton's district. Mr. Georges -Pierre: All the more reason for the support, I would imagine. Vice Chairman Winton: Well -- but the problem -- we don't have any numbers. I mean, it's hard to make a decision when we don't have numbers here, so we need to know what the impact is. I mean, we can't -- Mr. Cayard: We have the numbers here; was put together in conjunction with the James L. Knight Center and also by Mr. Joicere (phonetic), as far as the person who's going to be coordinating the cost of the event. And in the past, I know that Commissioner Teele had help some other people in the community to help our communities, so the costs are basically standard when it comes to the James L. Knight Center and also the station. 14 June 27, 2002 Vice Chairman Winton: But do you have numbers with you? I mean -- Mr. Cayard: Yes. Vice Chairman Winton: -- we need to see the numbers. Mr. Cayard: The numbers are there. We were thinking in the vicinity of between 18,000 or $19,000 in order to fray some of the cost, because the idea is the fact that when we have community so poor, people do not bury people. We just don't have it. And in our culture, you cannot just burn the body, so it has to go to a coffin in order to do the burial, so that's the purpose of raising these funds mostly. Commissioner Teele: Mr. Chairman, I -- Mr. Voltaire is one of the most courageous individuals in the community; he is a very well known commentator, and he's someone that I have great confidence in and I believe in. I think the problem here is not Mr. Voltaire at all. It is the fact that this is about numbers. What I'd ask the Manager to do is to meet with him and maybe this evening, 6 or 7 or 8 o'clock, you know, we can -- Vice Chairman Winton: Bring it back. Commissioner Teele: -- bring it back, and let Christina and his staff look at this. But this is the problem and the problem, Mr. Cayard, Ringo, my friend, is in the statement that you just made, that other people have gotten it in the past -- support in the past, and the truth of the matter is, it - - when those kind of statement start getting injected, then it really winds up -- and this is where this City Commission has always gone wrong. They say, "Well, I don't know what to do. Form a committee. Let's go look at it." I mean, there's just too many requests coming. You know, somewhere along the line, each individual Commissioner or the Mayor has got to make a determination. We support any number of activities. Some of those activities obviously involve large numbers of people, some don't. We have supported, I know, the annual -- long before Haitians became a political factor in this community. By numbers, you had this lady Farrah Juste -- Mr. Cayard: Farrah Juste. Commissioner Teele: -- who hosted an -- Mr. Cayard: Independence Day. Commissioner Teele: -- Annual Independence Day January 1st, at the James L. Knight Center. There's a long tradition of this City trying to help and to do that -- we've done that in the past. The challenge is going to be, there is a limit to just how many activities we're going to be able to support. I mean, you know, we had the Goombay event and, you know, we're looking at how we can help them, you know, not lose money on that. We've had, you know, any number of activities, and I just would caution you and the public from, you know, sort of adding that extra straw that hurts everybody because at the end of the day, we do have to make some 15 June 27, 2002 determinations. I would be more than happy to sponsor some legislation this afternoon, but it would be done in conjunction with the Manager's office making some vetting and some review and -- some informal recommendations from his office. Chairman Regalado: Thank you. Thank you very much. Mr. Cayard: Thank you. And I'll be soon talking -- if I could finish on the Mardi Gras issue? Vice Chairman Winton: Before you get there, Ringo, I want to add an exclamation point to something Commissioner Teele said. Since the day I've gotten here -- I mean, when I -- two and a half years ago, almost three years ago, I have voted against many more times than in favor of and have had a huge philosophical problem with our whole policy of what we're going to support and not support, and the problem is, we don't have a policy. And I'm finding myself now sitting in my office getting calls from people all over the place. I mean, I'm being inundated now. Commissioner Sanchez: So am I. Vice Chairman Winton: Inundated. And now, because we've opened the flood gates, I don't any rationale for saying "no" anymore because I don't have any guidelines, and I know that what we're doing is not healthy. I mean, I think we're on a really slippery slope where there is no cause that you have any longer any rationale for not supporting, and the cost to our taxpayers is going through the roof, and I'll bet you, if we look at what we have spent so far this year and look at what we spent in the last five years, there is going to be no comparison in the number, and the requests are growing daily, and so there has to be an end point. The public should -- taxpayers should not be the principal arena that creates the funding mechanism to allow people who want to do good in the community to get it funded through government. I don't think that should be the policy, and I'm going to say that to everybody. I don't think that's government's role, to provide not for -- to provide the principal financial support to not-for-profit organizations. Now, there's another issue that I think we've got to work through, and that is this whole issue of whether the cost of Police and Fire, you know, what is that real cost, and do we really have to have it? And review -- maybe we can review some of these policies to determine - - to figure out whether or not we're really overcharging the not -for -profits that are trying to get their job done out in the community, and I think that's a fair evaluation. But at the end of the day, we really have to search hard to figure out whether or not -- you know, what government's role is going to be, and it isn't government; it's the taxpayers who pay the money in a city that's poor, in a city that has one of the highest tax rates in the entire county. You know, is this a smart way for us to be reinvesting the taxpayers' money in these same neighborhoods, because the poor people are paying the taxes too? So I don't know the answer, Ringo. I just know -- I just wanted you to know that I'm really struggling mightily with this whole issue and I don't know what the answer is yet. Chairman Regalado: OK. Ringo -- Mr. Cayard: (UNINTELLIGIBLE) -- 16 June 27, 2002 Chairman Regalado: -- we're bringing back this afternoon this item and when we do, we'll ask you to finish your presentation on the other matter. It would be much better to do that instead of -- because we do have some pressing matters. Mr. Cayard: Thank you. Chairman Regalado: Right now we have public here. Thank you very much. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: We have some pressing matters, but I don't -- the Sunshine law does not allow me. I don't talk through people. I want to just say to Commissioner Winton, I think your comments are very well taken by me. We've got some real problems. I've said before, I voted for every tax. I'm not voting for any tax increases. As far as I'm concerned, this coming year is going to be a year of austerity. As far as my one vote is concerned, I'm voting for austerity. There will be no more funding for any organizations, other than Police and Fire, with the exceptions of a rational policy that's made by the -- Police, Fire and Solid Waste -- that's made by the Commission and Mr. -- Commissioner Winton, I think the only way to get to that is, we've got to build the Police budget and the Fire budget to include those anticipated costs, because it's not fair to the taxpayers for us to continue to look at police services for good things as a burden but, yet, to spend -- how much -- what's our annual police budget fully loaded? Chairman Regalado: Almost -- Commissioner Teele: Fully loaded. Carlos Gimenez (City Manager): 130/140,000,000. Commissioner Teele: $140,000,000. It's all for the bad guys, so to speak, you know, and anytime somebody wants to do something in the community, whether it be for a vigil for someone who was shot dead by a police officer inappropriately, we charge them for that vigil. That's not right. So we've got some structural issues to look at. We need to get the Manager to give a historical. We need to find a budget line in the Police budget and the Fire budget and the Solid Waste budget for events and build it into their budget, and then we can appropriate it out or the Manager through a process that you keep talking about; with the Manager's recommendation, we can take money out of that but, see, right now we're moving the money over into Conventions and -- Conventions -- that Conventions' account, Christina's account, and so it looks like we're adding money to the Police budget, but we know every year -- and I would dare say, Commissioner Winton, you are not 100 percent right that it's worse than it was. The City of Miami used to be a Christmas tree everyday -- every Commission meeting and -- I mean, there were activities every year that were coming out, so -- I mean, every meeting that were coming out, so I believe that we have to look at our budget more realistically. And the cost of the Three Kings Parade or the cost of the Martin Luther King Parade or the cost of those things need to be factored into the budget. There's no reason to bring people down here. This was the old days 17 June 27, 2002 when the Mayor ran every two years, and this is what the history is. You had to come down and request it, because that was a good way to get something. You see what I'm saying? And so it was a benevolent gesture on the part of the Mayor and Commission at that point. We need to change that. We need to put this in our budget structure. We know it's going to be $800,000 or $3,000,000 or whatever it is, and I don't have any apologies for providing Police and Fire and Rescue services for events like the Haitian Flag Day or the Three Kings Parade or the recent culture parade of the Puerto Rican because I think those are good things that we should encourage our citizens to do and we should encourage people to come to our city, and we should not charge people every time the police do good things and can be officer -friendly. I just -- I think we've got the wrong approach on it. Chairman Regalado: Thank you. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: On the issue -- and I'll be very brief -- we -- the administration came back with policy guideline several years ago, since I've been here, to create some type of guidelines. It came up with $300,000 for community events. Well, you knew that when you put those $300,000 into that pocket or that bucket where everyone could come and ask for it -- and the concern that I have is, who do we say yes and who do we say no to? Because there are important events in our community -- we live in such a diverse community, and we're so grateful of it, that we have to support, but Johnny -- the issues that Johnny made are very, very clear. We need to know -- sets guidelines to know who's going to get it. Because what happens is, people come here -- and we see it all the time. You know, it's not thousands of dollars, but at the end of the day, when you add 5,000, 7,000, 10,000, you know, it's all coming out of taxpayers' money, so what the administration needs to do -- I thought they did it -- was to come back and present a guideline of the events that are going to happen, which were budgeted, and from there on, anybody that comes in front of this Commission -- Vice Chairman Winton: You know, Joe, I think what happened -- and I remember, we had a discussion about and we listed some groups -- but I think -- as I sat here and listened to the discussion today, it seems to me that we might -- I hate to say this -- but we might want to -- the Commission might want to appoint a broad-based, community activities committee that would have a sunset date, six months, so that they could go out into all the communities, get real public input in terms of all of the festivals and events and -- almost like we do with the CD (Community Development), where everybody that has something going on in every neighborhood out there gets to come to the table, they make a plea, and that committee set up some sort of ranking criteria, and we get people plugged in -- figure out what kind of budget we'd have to have that would come back before us, and there's going to be a threshold that you're just not going to -- you know, any group -- here's the groups that really have a true, meaningful impact in those communities. We're not going to do every single one that has some good cause. We're going to do just this, and they help us develop, not only the policy, but the kind of organizations that are going to get the support; we put in a budget that identifies those organizations for that kind of money, and you re -review that once every two years or something for some new good cause, but 18 June 27, 2002 -- short of that, I don't know how you figure out what the right cause is and what the not right cause is. I only know that there's no criteria available for me right now today to make any determination, other than "yes," and I know that's wrong, so -- Chairman Regalado: OK. 8. (A) CONSENT AGENDA (B) DEFER: PROPOSED APPROVAL OF PROCUREMENT OF ICE-O-MATIC, ICEMAKING MACHINE FOR DEPARTMENT OF SOLID WASTE; PROPOSED APPROVAL OF AMENDMENT NO. 2 TO SUBLEASE BETWEEN BETTER WAY OF MIAMI, INC. AND GREATER MIAMI SERVICE CORPS; PROPOSED LEASE AGREEMENT BETWEEN CITY AND MARTIN AND SONS BUILDING, INC.; PROPOSED SPONSORSHIP FOR "LIP, TONGUE & EAR POETRY PRODUCTIONS — GREAT BRITAIN POETRY TOUR; AND PROPOSED CONSIDERATION OF AMENDING CITY CODE TO REQUIRE PUBLIC HEARING PRIOR TO COMMISSION CONSIDERATION OF ANY MATTERS RELATING TO PLAT APPROVALS, STREET CLOSURES AND ACTIONS INVOLVING PUBLICLY OWNED LANDS. Chairman Regalado: We are going to -- we have a time certain, which we're about to do right now, but before the consent agenda, the administration withdraws CA -5. Anybody from the Commission wants to withdraw any items in the consent agenda? Vice Chairman Winton: Yes. Chairman Regalado: You do? Vice Chairman Winton: Yes. Chairman Regalado: OK. Vice Chairman Winton: CA -4 -- Alejandro Vilarello (City Attorney): Mr. Chairman -- I'm sorry. Chairman Regalado: CA -4. Vice Chairman Winton: -- I want to pull. Chairman Regalado: CA -4? Vice Chairman Winton: Yes. Chairman Regalado: That's the one? Vice Chairman Winton: Yes. 19 June 27, 2002 Chairman Regalado: OK. CA -4 has been pulled. You want that in the next -- Vice Chairman Winton: You know, they can bring it back next Commission meeting. Chairman Regalado: OK. Vice Chairman Winton: It's just a classic, old justification issue. That's all itis. Chairman Regalado: OK. Vice Chairman Winton: So it doesn't have anything to do with the cause or anything. It's just -- the written justification is -- there is no justification, so -- Chairman Regalado: OK. Vice Chairman Winton: And -- but -- Commissioner Teele: Move the balance of the -- Carlos Gimenez (City Manager): Mr. Chairman. Vice Chairman Winton: I have one more modification. I'm sorry. On CA -2 -- Chairman Regalado: CA -2. Vice Chairman Winton: -- we've got in Roberto Clemente Park $50,000; Safe Neighborhood Parks Bond, we need 150, so I want to -- I don't know if it's even required in this, so -- as a part of this request, but we're going to take -- the real cost of doing what we want to do is 150, so I want to take $100,000 from my Neighborhood Quality of Life Improvements to put in here because the City can't come up with the other 100,000. Commissioner Teele: For what? Which Park? Vice Chairman Winton: For Roberto Clemente Park. So I'm going to take 100,000 out of my bond -- out of the Neighborhood Quality of Life Bond Improvement money to add to this so that that total at the bottom is 150 instead of 50. We apparently have $6,700,000 for general operation increases, but we don't have $100,000 -- Commissioner Sanchez: For a park. Vice Chairman Winton: -- for the Park. Chairman Regalado: OK. Commissioner Sanchez: Second. 20 June 27, 2002 Commissioner Teele: Second. Chairman Regalado: It's been amended, CA -2. Commissioner Teele: Mr. Chairman, now, this is an amendment of intent. It'll require a separate appropriation to appropriate it but it will add -- it will give the -- it would be my understanding that this gives the Manager the authority to go ahead and move forward with the additional $100,000 of capital costs for the Roberto Clemente; is that right, Mr. Attorney, Mr. Manager? Mr. Vilarello: Yes. Mr. Gimenez: Yes, sir. Mr. Vilarello: So this particular resolution will be in an aggregate amount, not to exceed $872,598 eight, and it will require separate legislation to move Commissioner Winton's item. Commissioner Teele: Commissioner Winton -- and this is not my business, and I apologize if you're offended -- I received numerous calls from people about the Ambrister Park situation. I have not been over there. I don't --I'd like to just put it on the record, but I would like to request from the Manager a report on the Ambrister Park. Apparently, the neighbors are extremely concerned about the lack of equipment and the lack of whatever -- and just whatever you could give -- I'd just like to know what the situation is. Mr. Gimenez: Yes, sir, I'll give you a report. Vice Chairman Winton: That's interesting. Mr. Gimenez: Mr. Chairman, also -- Vice Chairman Winton: I haven't received any. Albert Ruder: Can I say something about that for -- I've been talking to Jason, and we're doing some improvements there. We're painting the building. There's some items -- there's some stuff that we're buying here in this particular resolution, so I think this will go some way in resolving those issues, but we'll give you a report. Mr. Gimenez: Mr. Chairman, also I have -- I'd like to pull items number 7, and on the consent agenda, also CA -11 and CA -12, and defer PZ -9 later on today. Commissioner Teele: Wait, wait. We're just on the consent agenda right now. Commissioner Regalado: Consent agenda, you want to pull CA -- Mr. Gimenez: Item CA -11, CA -12. 21 June 27, 2002 Commissioner Gonzalez: Who mentioned 7? Someone mentioned pull 7. Chairman Regalado: No, no, no. He's talking on the regular agenda, but we're not getting there right now. You're going to have to -- Commissioner Gonzalez: You're talking about the regular agenda or the consent? Chairman Regalado: No, no. Mr. Gimenez: On the Consent, it's CA -11, CA -12. Commissioner Regalado: We -- Let's do first -- this is a public hearing. Items 11, 5, 4 and 12 have been pulled from the consent agenda. This is a public hearing. Commissioner Teele: Mr. Chairman may I just inquire of the Manager why is 11 being pulled? Mr. Vilarello: Commissioner, that's at my request. There is some confusion as to whether or not this is an agreement that has expired and we're amending it at this point. The request is into my office and we can be ready -- back before the next Commission meeting with the advice to the City Manger as to whether or not he can do this. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Sir, could you just identify yourself for the record and -- your name and address. Hugh James: My name is Hugh James. I'm the Executive Director of Greater Miami Service Corp, 810 Northwest 28th Street. Commissioner Teele: And you're here on that item? Mr. James: I'm here on that item, yes. Commissioner Teele: Is there anyone Mr. James should talk to, Mr. Attorney, on this? Mr. Vilarello: Yes, to me. I'd like to give him my card and you can give me a call, please. Commissioner Teele: And congratulations. You all have your graduation. I apologize. I'm not going to be able to attend the service. You all are doing great work. Mr. James: Thanks. Chairman Regaldo: Thank you. OK. This is a public hearing. We're closing the public hearing on the consent agenda. Do we have a motion? 22 June 27, 2002 Commissioner Teele: So move, Mr. Chairman, as amended. Commissioner Gonzalez: Second. Chairman Regaldo: It's been moved, as amended. Do we have a second? Commissioner Gonzalez: Second. Chairman Regaldo: All in favor, say "aye." The Commission (Collectively): Aye. NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. Thereupon, on motion duly made by Commissioner Teele and seconded by Commissioner Gonzalez, the consent agenda items were passed by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regaldo: It passes. 23 June 27, 2002 8.1 ACCEPT BID OF REPOR BROTHERS, INC., FOR PROJECT ENTITLED "FLAGAMI STREET REBUILDING/EDISON STORM SEWERS IMPACT FEE, PHASE II, PROJECTS B-4649 AND B-5666"; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT, $215,291.08. RESOLUTION NO. 02-723 A RESOLUTION OF THE CITY COMMISSION ACCEPTING THE BID OF REPOR BROTHERS, INC., THE LOWEST RESPONSIVE AND REPRESIBLE BIDDER PURSUANT TO INVITATION FOR BIDS, DATED APRIL 9, 2002, FOR THE PROJECTS ENTITLED "FLAGAMI STREET REBUILDING/EDISON STORM SEWERS IMPACT FEE, PHASE II, PROJECTS B-4649 AND B-5666"; ALLOCATING FUNDS FROM CAPTIAL IMPROVEMENTS PROJECT NO. 341199, IN THE AMOUNT OF $196.591.08, AND PROJECT NO. 352212 IN THE AMOUNT OF $18,700, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT $196,279.08 FOR THE CONTRACT COSTS, AND $19,012 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $215,291.08; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 24 June 27, 2002 8.2 APPROVE PROCUREMENT AND INSTALLATION OF PLAYGROUND AND PARK EQUIPMENT AT VARIOUS CITY PARKS FOR DEPARTMENT OF PARKS AND RECREATION FROM HUNTER KNEPSHIELD COMPANY, CONTRACT CONNECTION, INC., AND LEADEX CORP., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907 -2/03 -OTR -SW, $772,598; ALLOCATE FUNDS FROM SAFE NEIGHBORHOOD PARK BOND PROGRAM AND CITY PROGRAM FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY, OFFICE OF AMERICANS WITH DISABILITIES ACT (ADA) COORDINATION GRANT FUND. RESOLUTION NO. 02-724 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT AND INSTALLATION OF PLAYGROUND AND PARK EQUIPMENT AT VARIOUS CITY PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM HUNTER KNEPSHIELD COMPANY, CONTRACT CONNECTION, INC., AND LEADEX CORP., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907 -2/03 -OTR -SW, EFFECTIVE THROUGH FEBRUARY 28, 2003, AND ANY EXTENSIONS, IN AN AGGREGATE AMOUNT NOT TO EXCEED $772,598; ALLOCATING FUNDS FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM AND CITY OF MIAMI PROGRAM FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY, OFFICE OF AMERICANS WITH DISABILITIES ACT ("ADA") COORDINATION GRANT FUND, AS APPROPRIATED FOR CAPITAL IMPROVEMENT PROJECTS IN SECTION VI OF THE GENERAL APPROPRIATIONS ORDINANCE NO. 11705, AS AMENDED. 8.3 APPROVE PROCUREMENT OF LAWN EQUIPMENT FOR DEPARTMENT OF PUBLIC WORKS FROM VARIOUS VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 515-630-00-1, $20,000. RESOLUTION NO. 02-725 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVE PROCUREMENT OF LAWN EQUIPMENT FOR THE DEPARTMENT OF PUBLIC WORKS FROM VARIOUS VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 515-630-00-1, ON AN AS -NEEDED CONTRACT BASIS, EFFECTIVE THROUGH JULY 25, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $20,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.310501.6.840. 8.4 AUTHORIZE INCREASE IN CONSTRUCTION CONTRACT WITH PNM CORP., $29,000, FROM $296,746.80 TO $325,746.80, FOR "DOWNTOWN STORM SEWERS PROJECT, B-563 I"; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT. 25 June 27, 2002 RESOLUTION 02-726 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONSTRUCTION CONTRACT WITH PNM CORP., PURSUANT TO RESOLUTION NO. 01-5551, ADOPTED JUNE 14, 2001, IN AN AMOUNT NOT TO EXCED $29,000, FROM $296, 746.80 TO $325,746.80, FOR THE "DOWNTOWN STORM SEWERS PROJECT, B-5631"; ALLOCATING FUNDS FROM PROJECT NO. 352291 AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 8.5 ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 00-01-285, THAT QUALIFIED FIRM TO PROVIDE PHOTOGRAPHIC MANAGEMENT SYSTEM FOR DEPARTMENT OF POLICE IS LINEAR SYSTEMS, $131,269.30; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION 02-727 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 00-01-285, DATED JANUARY 30, 2002, THAT THE ONLY QUALIFIED FIRM TO PROVIDE A PHOTOGRAPHIC MANAGEMENT SYSTEM FOR THE DEPARTMENT OF POLICE IS LINEAR SYSTEMS, IN THE AMOUNT NOT TO EXCEED $131,269.30; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING"; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LINEAR SYATEMS FOR SAID PURPOSE. 26 June 27, 2002 8.6 AUTHORIZE MANAGER TO ACCEPT GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION, $50,000, FOR TRAFFIC OPERATION IMPROVEMENTS ALONG SOUTHEAST 7TH AND 8TH STREETS, BETWEEN SOUTH MIAMI AVENUE AND BRICKELL AVENUE; AUTHORIZE ALLOCATION $50,000, FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION 02-728 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING MANAGER TO ACCEPT GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION, IN THE AMOUNT OF $50,000, FOR TRAFFIC OPERATION IMPROVEMENTS ALONG SOUTHEAST 7TH AND 8TH STREETS, BETWEEN SOUTH MIAMI AVENUE AND BRICKELL AVENUE, MIAMI, FLORIDA, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT; FURTHER AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT EXCEED $50,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. 341135, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, AS THE CITY'S REQUIRED MATCHING FUNDS FOR AWARD OF THE GRANT. 8.7 CODESIGNATE NORTHEAST 38TH STREET, FROM BISCAYNE BOULEVARD TO FEDERAL HIGHWAY, AS "TUTTLE STREET". RESOLUTION 02-729 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATE NORTHEAST 38TH STREET, FROM BISCAYNE BOULEVARD TO FEDERAL HIGHWAY, AS "TUTTLE STREET"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICES HEREIN. 8.8 DESIGNATE JEFFERSON STREET, FROM GRAND AVENUE TO CHARLES TERRACE, AS PLAZA TO BE KNOWN AS "CHAYA THRASYBULE STREET". RESOLUTION 02-730 A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATE JEFFERSON STREET, FROM GRAND AVENUE TO CHARLES TERRACE, AS PLAZA TO BE KNOWN AS "CHAYA THRASYBULE STREET"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICES DESIGNATED HEREIN. 27 June 27, 2002 8.9 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH UNISYS CORPORATION FOR SURETY/EXTENDED WARRANTEE SUPPORT FOR CITY'S TAPE SERVER AND EMAIL DISK STORAGE SUBSYSTEM, $11,500. RESOLUTION 02-731 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTATCHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTATCHED FROM, WITH UNISYS CORPORATION FOR SURETY/EXTENDED WARRANTEE SUPPORT FOR CITY'S TAPE SERVER AND EMAIL DISK STORAGE SUBSYSTEM FOR A PERIOD OF ONE YEAR, WITH AN OPTION TO EXTEND FOR ONE ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $11,500; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.460101.6.670. 8.10 DIRECT MANAGER TO COLLABORATE WITH MIAMI-DADE COUNTY AND MIAMI BEACH TO PERFORM AN AUDIT OF GREATER MIAMI CONVENTION AND VISITORS BUREAU; MANAGER TO USE SERVICES OF MIAMI-DADE COUNTY MANAGEMENT ADVISORY SERVICES CONSULTING POOL TO EXPEDITE AUDIT; MANAGER TO EXPEND UP TO TWENTY-FIVE PERCENT IN COST OF AUDIT, $37,500. RESOLUTION 02-732 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COLLABORATE WITH MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH TO PERFORM AN AUDIT OF GREATER MIAMI CONVENTION AND VISITORS BUREAU; DIRECTING THE CITY MANAGER TO USE SERVICES OF MIAMI-DADE COUNTY MANAGEMENT ADVISORY SERVICES CONSULTING POOL TO EXPEDITE THE AUDIT; AUTHORIZING THE CITY MANAGER TO EXPEND UP TO TWENTY-FIVE PERCENT IN COST OF AUDIT, TO AN AMOUNT NOT TO EXCEED $37,500; ALLOCATING FUNDS FROM ACCOUNTY NO. 00100.921002.6270 FOR SAID AUDIT. 28 June 27, 2002 8.11 AMEND RESOLUTION NO. 01-1298 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD BY $9,000, FROM $30,000 TO $39,000; ALLOCATE FUNDS OFFICE OF HEARING BOARDS. RESOLUTION 02-733 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-1298 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD BY $9,000, FROM $30,000 TO $39,000 ANNUALLY; ALLOCATE FUNDS FROM FISCAL YEAR 2001- 2002 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT CODE NO. 001000.850102.6.250, FOR SAID INCREASE. 8.12 AMEND RESOLUTION NO. 01-1297 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR CIVIL SERVICE BOARD BY $9,000, FROM $30,000 TO $39,000; ALLOCATE FUNDS, FROM CIVIL SERVICE OFFICE. RESOLUTION 02-734 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-1297 TO INCREASE COMPENSATION TO SPECIAL COUNSEL FOR CIVIL SERVICE BOARD BY $9,000, FROM $30,000 TO $39,000 ANNUALLY; ALLOCATING FUNDS, FROM FISCAL YEAR 2001- 2002 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNTY NO. 240101-250, FOR SAID INCREASE. 29 June 27, 2002 8.13 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND CASE OF NATIONAL ADVERTISING CO. VS. CITY, $100,000; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION 02-735 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO CITY OF MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV -KING, IN AN AMOUNT NOT TO EXCEED $100,000, 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. 8.14 CODESIGNATING NORTHWEST 10TH AVENUE, FROM NORTHWEST 54TH TO 62ND STREETS, MIAMI, FLORIDA, AS "THELBERT JOHNAKIN BOULEVARD;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. RESOLUTION 02-736 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 10TH AVENUE, FROM NORTHWEST 54TH TO 62ND STREETS, MIAMI, FLORIDA, AS "THELBERT JOHNAKIN BOULEVARD;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HERIN DESEGNATED OFFICES. 30 June 27, 2002 8.15 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., $100,000, FOR REPRESENTATION OF CITY IN CASES RELATED TO DEFENSE OF PARKING SURCHARGE ORDINANCE INCLUDING: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY, ROBERT M. JASINSKI, ET AL VS. CITY, PARK A. PARTNERS, LTD., ET AL. VS CITY, AND PATRICK MCGRATH, III VS CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION 02-737 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING CONTINUED ENGAGEMENT OF LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $100,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF CITY OF MIAMI IN CASES RELATED TO DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE ORDINANCE INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY OF MIAMI, CASE NO. 01-27582 CA (15), ROBERT M. JASINSKI, ET AL VS. CITY OF MIAMI, CASE NO. 01- 28889 CA (09), PARK A. PARTNERS, LTD., ET AL. VS CITY OF MIAMI, CASE NO. 01-20074 CA (06), AND PATRICK MCGRATH, III VS CITY OF MIAMI, CASE NO. 99-23765 CA (10), ALL IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 9. DISCUSSION AND PUBLIC COMMENTS REGARDING SINGLE FAMILY REHABILITATION PROGRAM. (See #19) Chairman Regalado: Mr. Manager, we have guests here. I understand that this is the rehab item. What -- Dan, what number is that? Dan Fernandes (Director, Community Development Department): It's Item 6, Commissioner. Chairman Regalado: I'm sorry? Mr. Fernandes: Item 6. Chairman Regalado: 6. Commissioner Gonzalez: Item 6. 31 June 27, 2002 Chairman Regalado: OK. This is a public hearing. This was requested by the City Commission. This is the work of the City of Miami Rehab Voucher Section 8. Commissioner Teele: No. Chairman Regalado: It has to do -- Commissioner Sanchez: No, no, no, no, no, no. Commission Teele: No. Mr. Chairman, if I may? If I may, Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, I asked -- Chairman Regalado: Oh, it's 6. I'm sorry. I'm sorry. I'm not -- Commissioner Teele: Mr. Chairman, this it Item Number 6. I asked that this item be placed on the agenda. This item has gone on now for two years. We have been assured -- a year ago in May or April, I was assured by the staff that the problem was well in hand. Pursuant to that, Mr. Manager, as you know, I did a direct mailing to many of the people that may be here a year ago and asked them to give us information because I, candidly, did not have confidence that the system was giving the Commission the right information. Unfortunately, Mr. Chairman, Mr. Manager, that information that came back from the citizens was, overwhelmingly, that we had been misled. Subsequently, I turned the information over, at the Manager's request, to the management for the purpose of U.S. Attorney or the State's Attorney to continue the investigation, and I'm bringing this up because the $400 bill (UNINTELLIGIBLE) was never paid. Vice Chairman Winton: A what? What did you say? Commissioner Teele: The $400 bill to print up the survey that was mailed out to all of these fine people was never paid by the City. I mean, that's the kind of arrogance -- in other words, when I went behind to check -- and maybe it should have been billed to my budget, but I'm not going to be -- my budget is not going to be responsible for a $400 bill to try to get information because I did check behind the management because we were told everything was fine. Subsequently, in the hearings of my district, this issue continues to come up. Now, I want to just say this: This is about a program in which the City of Miami undertakes, through City consultants, through City contracts, to repair peoples' homes. It's a noble and good deed, but it's a nobly good deed that's gone awry and, unfortunately, 90 percent of the people that were doing the repairs were not from the community and, unfortunately, about 80 percent or 75 percent of the citywide program was in District 5. A lot of it -- some of it was in Angel Gonzalez' district as well, but this is a program in which people have come into peoples' houses; they began construction, not been able to communicate in some cases, language problems, abandoned peoples homes -- I went into one lady's house who was over the age of 80, who you could look through her bedroom window for over a year and see the sun and the stars -- 32 June 27, 2002 Vice Chairman Winton: Through the roof. Commissioner Teele: -- through the roof, and we have been assured, at every turn, as late as a month ago, by Mr. Fernandes that this problem is at hand. I demanded and insisted -- and I appreciate Mr. Fernandes carrying it out -- to ensure that the people had the opportunity to come down. Now, I candidly believe that only three or four people would be down here today, because I was assured, as late as two months ago, that everything was in hand and that the problem was being, quote, worked on and was being resolved. This is the survey, Mr. Manager. It wasn't a -- didn't have my glossy picture on it or anything. It was just a -- well, it did have a picture on it, but it was a survey. Vice Chairman Winton: It wasn't glossy. Commissioner Teele: It wasn't glossy, and it was a survey that just asked people -- and I got more response from this than everything I've ever done, mailed out in the whole city that I've been here, so there's a problem out here. And what we're here today for -- and we ask this, we ask that the management would hold a pre -hearing and a pre -meeting with everyone so that we wouldn't have to come down and hear everybody's horror stories, candidly, so that we could get down to fixing the system and moving the dollars around to fix the problem. Obviously, by the number of people here and the intensity that everybody's looking at us, it's nobody smiling and grinning out here. This is not a happy group of people, so I candidly am sorry that we're here. I want to apologize to everybody that's here, the necessity of bringing you down, but this is how the system works in our country. We rely upon the Manager; the Manager relies upon his staff, and it goes on, but at some point, the ball falls on our court. So however long this takes, Mr. Manager -- I would hope that this was going to be a happy fun -filled day; that everybody's going to say the problem was solved, because we've been assured -- and you know this, Mr. Manager - - we've been assured, repeatedly, for over a year, that this problem is under control and, Mr. Manager, if I'm saying this wrong now, correct me because I don't want to take advantage of the podium. But, Mr. Fernandes, you assured us a month or so ago that the problem was being taken care of, right? Mr. Fernandes: That's been one of the priorities of the department, Commissioner. We have been working with everybody. As a preface to what you said, what we did is we sent certified letters to all 171 people who have been served through the program since 1999, so we wanted to be sure that everybody had an opportunity to come to you, pro, con or neutral. We also provided, as you directed -- Commissioner Teele: But, Dan, I don't need the people to come down here and tell us how bad it is. They're here now, so we're going to hear it. I need you all to solve the problem. You all get paid to solve the problem, we don't. Mr. Fernandes: And that's what we've been trying to work on, Commissioner. That's what we've been doing. Chairman Regalado: I just want to say that I don't know if you guys remember, but I brought this issue long time ago, and there was a case that we even went to court and the City Attorney 33 June 27, 2002 worked several hours on that case. That case was a disaster, a complete disaster. The people really were hurt, but now everything is fixed and we need to commend the City Attorney's office and outside counsel that did pro bono work, but there're other issues; one, in Commissioner's Gonzalez district, the fact is that this lady, about a year ago, came to my office before Angel was elected and we've been trying to work things out, but for -- I -- if we did a 173 -- that's what we did? Mr. Fernandes: 171, sir. Chairman Regalado: Well, 171. I think that for 170, it was a nightmare and probably one was a -- but we're here to fix that and we need to hear from the people here if you are happy; if you have any issues; if you have any problem. I just wanted to say -- where's the translator? If we can -- we may have people here that do not understand English, so we have a translator that -- if you wish to speak, say it in -- Vice Chairman Winton: Could I ask some -- I'm sorry. Go ahead. (Comments translated by Official Spanish Interpreter, Ondina Suarez) Chairman Regalado: Thank you. Go ahead, sir. Vice Chairman Winton: Mr. Chairman, I'd like to -- Dan, I'd like to ask a few questions here. You had a 171 clients; is that what you just said? Mr. Fernandes: Correct. Vice Chairman Winton: How many of those clients have their cases closed, where the job was done satisfactorily? Mr. Fernandes: On the report that we provided you, Commissioner, you'll see on page 4 of that report that there were 95 cases that were in afflux; that were -- that we identified as having problems. Of those 95 cases, 39 are currently undergoing remediation work. There's 40 that -- I'm sorry, 39 that are completed; 40 other cases are underway. There's 13 pending submission of a proposal from a contractor. There's one homeowner was completely satisfied with the work completed by the contractor, and there's one homeowner that's waiting to allow remediation work to begin -- I'm sorry, two, for a total of 95. Vice Chairman Winton: And when will those -- so you've got 40 underway, 13 waiting for a contractor, so you've got 53 that essentially still need either under -- in progress or still need to be started. Mr. Fernandes: Correct. Vice Chairman Winton: And what's the -- Mr. Fernandes: They're at different stages of remediation. 34 June 27, 2002 Vice Chairman Winton: And what's their projected completion date? Start with the 40 and then I guess you've got go to the 13 after that. Jeff Hepburn: Jeff Hepburn, Assistant Director. We're probably talking about another 35 days. 30/40 days. Vice Chairman Winton: To complete the 40? Mr. Hepburn: That's correct. Vice Chairman Winton: And then how long before you get the 13 started and completed? Mr. Hepburn: The 13, we're receiving proposals from contractors right now, so as soon as we get those, sit down with the owner, homeowner, and pre -construction meeting, they should be on underway, I would say, by mid next month. Vice Chairman Winton: So the 40, you said, 30 to 45 days. Mr. Hepburn: That's correct. Vice Chairman Winton: So it seems to me that we need another report from you at the July Commission meeting that tells us precisely how many of the 40 that are supposed to be complete are complete. I would also like to have some sort of sign -off document from the homeowners that you attach to our packet so that when you say they're complete, we hear that they say they're complete also. Commissioner Sanchez: And they're content with the service. Vice Chairman Winton: So I'd like to match up their view of complete with our view of complete, and if we begin to get that kind of information, then maybe y'all don't have to come down here so many times and we'll be able to monitor what's really going on, so could you make sure you provide us that information? Mr. Hepburn: Yes, sir. Vice Chairman Winton: OK. Commissioner Sanchez: Mr. Fernandes, what are we doing to correct the problem? Mr. Fernandes: What happened, Commissioner, is, as directed by the Commissions, we -- Commissioner Sanchez: In other words, what are we doing so we make sure it doesn't happen again? Mr. Fernandes: What we're doing right now is we're correcting what we have in store. We hired a contractor, who's an engineer, who went out and reviewed each of the cases that had 35 June 27, 2002 problems, whether they were minor or major. We got an assessment from the engineer, H.J. Ross Associates, as to what was -- what work was needed there. We're in the process of completing that work. In the future, we'll continue to do that. We'll utilize the outside engineer, as well as our onsite inspectors to work on the day-to-day basis with the individual homeowners to ensure that -- you know, what's happening is, we have a checks and balance system in place. Commissioner Sanchez: Did you identify the service providers that weren't providing the appropriate services? Mr. Fernandes: Yes, we have. The contractors that were not providing appropriate services are no longer being utilized by the program. Commissioner Sanchez: OK. Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Gonzalez: Mr. Fernandes, what we're discussing here is that there is a group of citizens that were not satisfied with the work that were done on their properties and in some cases, the work was not even completed. Commissioner Winton just made a point, which is a very important point. Under the Facade Program, in order for the City of Miami to pay the 70 percent contribution that is allowed by the City, the business owner has to sign an affidavit or release where it says that he is in full satisfaction of the services provided by this contractor, and that affidavit is sent to the City, together with the entire package, before the contractor gets paid. On top of that -- in addition to that, throughout the process of the Facade Program, regular inspections are done on the project that is being completed. Are we doing that type of practice? Are we following up? Are we having inspectors go and follow up on the work that is being done? Are we just taking the contractors word for it? Mr. Fernandes: No, sir. The process that you just described is similar to what happens in the Single -Family Rehab Program. The homeowner will sign off on the work that's completed. We do the appropriate inspections, so there is a -- you know, it is a -- there's a check and balance between what the contractor submits, what we go out and approve, and also what the homeowner approves through the revised systems. Commissioner Gonzalez: So, you're telling me that we were doing that? Mr. Fernandes: Yes. Commissioner Gonzalez: We were doing that in the past or we're doing it now? Mr. Fernandes: We're doing it now, I could tell you for sure. That was the system that was in place in the past but, obviously, through the investigation that we've done (UNINTELLIGIBLE) there were some problems that we identified and we've tried to correct that, but -- 36 June 27, 2002 Commissioner Gonzalez: OK. I believe that something that should be added to Commissioner Teele, something that should be added to the package that is given to the applicants is instructions not to sign any release for payment or not to sign any documents releasing the payment to whoever the contractor is that is doing this work unless they're fully, completely satisfied with their request and with the work that was supposed to be done on their properties. Vice Chairman Winton: That should go in in bold print, special page -- Commissioner Gonzalez: Exactly. Vice Chairman Winton: -- yellow or red or whatever it is -- Commissioner Gonzalez: Exactly. Vice Chairman Winton: -- as clear -- That's a good idea. Carlos A. Gimenez (City Manager): There is a problem with that, and -- it's not that it's not a problem. The fact is that some of the people that were serviced are extremely old, elderly that may not understand what it is that's in front of them, and so it was -- it's really more important that the City, in a sense, protect their interest, and I think what happened here -- Commissioner Gonzalez: Definitely. Mr. Gimenez: And I think what happened, I mean in the past and why we stopped the program is that maybe some of the folks that the City had were not protecting their interest, and so that's why there is a criminal investigation going on; that's why we stopped the program, and that's why we had to reevaluate all the checks and balances because -- you know, fortunately, you know, if everybody was -- if everybody's honest doing their work, everything would have been fine but, apparently -- or maybe -- I'm not going to make any accusations. It's being investigated -- maybe that was not the case. Commissioner Gonzalez: Yeah, but -- exactly, and I agree with you. We have to provide the citizens some kind of technical assistance or help. If you're going to sign a contract, there has to be a scope of service, what this general contractor is compromising himself to do in this particular project, so we need to provide -- the person that is not able to handle this by themselves, we need to provide some assistance of making sure that whatever is included in that scope of service is completed, is done to the satisfaction of the property owner before release is signed for the contractor to collect the money, and that would solve a lot of problems. Because throughout my experience in the Facade Programs -- and I tell you, I did thousands, OK -- we never had any problems, but that was the system that was implemented. It had to be inspected by the inspector of the City of Miami; it has to be inspected by the NET (Neighborhood Enhancement Team) office; it has to be inspected by the agency that provided the services, and then it has to be approved by the owner of the business. Commissioner Sanchez: People doing the work (UNINTELLIGIBLE) they have to have a license. 37 June 27, 2002 Chairman Regalado: Can I say some -- ? Commissioner Gonzalez: And people doing the work -- Commissioner Sanchez: Have to have a license to do that work. Commissioner Gonzalez: -- had to be licensed, OK. We have to check for licenses, we have to check for insurance, because a lot of problems that you're going to have -- and you may have had those problems -- you get contractors that come into town, do this work, and then they disappear, and then you don't even have an insurance company where to put a claim against their fraud or whatever they do, OK. Commissioner Sanchez: (UNINTELLIGIBLE). Commissioner Gonzalez: Right. Chairman Regalado: Can I -- first of all -- Commissioner Gonzalez: Thank you. Chairman Regalado: -- it's important that we hear from the people affected directly, but I just wanted to say something. I did a lot of research and asked a lot of questions to the people, and let me tell you about the major problems that they face when this rehab was going on. Number 1, contractor takes the job; they go one day, but they take -- they took another job; they left -- Commissioner Gonzalez: Right. Chairman Regalado: -- for two weeks and came back. Number 2 -- Vice Chairman Winton: By the way, that's the way lots of these contractors work. I don't care whose house they're working on. It seems to be their culture. Chairman Regalado: Well -- problem number 2, contractor said to the people, "No, no, no, no, you don't need this kind of faucet. I have this other one. But this is going to break. "No, no, no, no." You know, low quality products. Problem number 3, contractor forces the people to sign papers, and people sign papers and they don't know. (APPLAUSE) Chairman Regalado: So that is the problem. If -- when we begin this problem -- this program, and we will hopefully, we need to make sure that if you're going to do that job, you know, you've got to do that job. You can't live --you cannot be a weekend warrior and comeback and do this, because I visited a house that -- Northwest 12th Street -- that was -- I think the family had holes in the roof for about two months, because they came; took some part of the roof, left; they're nowhere to be seen -- and by the way -- and let me tell you something: By the way, in 38 June 27, 2002 three occasions the people -- this house, the people there are elderly residents, and three times the workers said to the lady, "Look, we need to see a soap opera, so we're going to watch TV (television) for two or three hours," and they sat there and watched TV and then they left, so that is the problem that we have, and probably it's because of bids and who does that cheaper. I don't know, but if we can hear from the people -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Commissioner. Commissioner Teele: It's 10:50. We're not going to be able to hear from everybody, but we've got to make a -- we need to make a commitment right now that we're going to let everybody tell their story in some way, shape or form. I'm asking the Manager to get Mr. McDonald down here, because what I'm going to recommend is for everybody who doesn't get their story told here, that we send out a video team at their house and let the people tell the story, exactly what happened, in their house, at a video -- with a video -- (APPLAUSE) Commissioner Teele: -- so that it's very, very clear what's going on, because we have too much technology. Vice Chairman Winton: And are we going to put that on Net -9? Commissioner Teele: Well, I don't know about that yet, but I'll tell you this: I'm not all for airing a lot of dirty laundry, but I'm very depressed and very upset that this thing would be hid from the Commission for so long. I mean, even after we have asked repeatedly about this thing, and we all have heard the stories. The only thing I'm going to say -- and we need to hear from the public -- Mr. Attorney, I hope you're listening because at the end of the day -- you know, you sit there and you let us do things and say things, you don't say one word, but I know how your office operates. You call it "protecting the City," and you know what's going to happen? The way Angel Garcia -- Angel Gonzalez is talking, the way that Tomas is speaking, and Johnny and us, at the end of the day you all are going to object to the contracts being done the way we're talking about doing it. If you've got a problem, you need to say it now because I am sick and tired of your office supposedly protecting the City by putting 70, 80 and 90 year old people at risk because what this is about is, who's going to be responsible? And what -- if you go through this thing, Mr. Manager -- you know, this is a thing that you and the Attorney need to agree on. The so-called "protecting the City" means that some 80, 90 year old person, who may or may not speak Spanish, may or may not speak English, has to sign a contract and accept all of the responsibility for the payment because that's the way we do these contracts, quote, to protect the City, and that's not right and that's not right, so -- I mean, I've heard -- you know, we've talked about this, "Oh, you don't want to do this. You want to protect the City." We don't want to protect the City against our citizens. We want to be on their side, and we want to stand -- (APPLAUSE) 39 June 27, 2002 Commissioner Teele: -- we want to stand in the gap, and I'm saying this, not at all for -- but I'm saying this, Mr. Attorney, because, you know, these things sort of all are going at the Manager, but at the end of the day, if the Manager comes back -- and I've seen this on three separate occasions -- when the staff comes back and says we want to do it, then your office says, "We don't want you to do it this way because we want to protect the City." We do not want to protect the City against our citizens. We want to be on their side, and we want to have joint responsibility, not shifting it over to them, and that's what -- when you get down and analyze this thing, Mr. Manager, what would have happened is that someone's protecting the City, so I agree with the Chairman, we ought to hear from the public. Chairman Regalado: OK. Go ahead. Mr. Vilarello: Mr. Chairman. (APPLAUSE) Mr. Vilarello: (UNINTELLIGIBLE). Chairman Regalado: One second. The City Attorney and then we're going to start with -- Vice Chairman Winton: This man right here came up first. Chairman Regalado: -- the lady -- this man? Vice Chairman Winton: Yeah. Commissioner Gonzalez: Mr. Chairman, before we start the public hearing, I just want to make an additional comment. I just want to put on the record that I had three or four rehabs done in my district. The people are very pleased. I'm very pleased with the way it was conducted -- Vice Chairman Winton: You mean the recent ones. Commissioner Gonzalez: -- but, of course -- it has been the recent ones. And another -- Commissioner Teele, another issue that we may look at it -- and I'm just throwing out an idea, that we may look at it -- it's a "maybe." Maybe we should think about the strategic of having the CDC's (Community Development Corporations) in our neighborhoods and the CBO's (Community Based Organizations) have some type of involvement on this type of process -- Commissioner Teele: Certainly, I've -- Commissioner Gonzalez: -- since they have the experience in the Facade and the code compliance programs, so that's just a thought, you know. Commissioner Teele: Mr. Chairman, I'll say it right here, right now. We need to appoint an advocate for this program for the residents. We need to appoint a CDC. You know, I have no objections, but we need to have somebody that has experience. The organization you used to 40 June 27, 2002 work with, Mr. Gonzalez -- Angel, is fine with me, but this community needs an advocate on this program. They need somebody that is there who's paid to go back and make sure that they're being represented, and we will have missed the boat, I think, because this is not about blaming the City staff, it's not about blaming the City Attorney, but we all need to come clean and understand that we've got some culpability and responsibility in this process, and the problem is, it's all on these people right now. It's all on these citizens, so we want to hear from the gentleman and I -- Commissioner Gonzalez: Actually, Commissioner Teele, we have CDCs -- you have Word of Life in your community. We have CDC's throughout the entire city, so maybe, you know, we could do it by region, but -- Commissioner Teele: We have CDC's, but what we don't need to do is do this politically by regions. What we need to do, with all due respect, we need to deal with the CDC that has the competence -- Commissioner Gonzalez: OK. Well, whatever you -- Commissioner Teele: -- that has the competence, that understands these kinds of programs, that can do it, and I don't care if it's a CDC out of Broward County, personally. Commissioner Gonzalez: All right, whatever. Commissioner Teele: It just ought to be competence. Commissioner Gonzalez: I just wanted to throw the idea out maybe, you know, for you to consider. Chairman Regalado: OK. The City Attorney -- Mr. Vilarello: Mr. Chairman. Chairman Regalado: -- wants to say something, and then the gentleman, and then the lady, because we really need to hear from the people. Mr. Vilarello: Just briefly, I want you to please understand that it is our charge and our responsibility to always protect the interest of the City, and that is what we will continue to do, even in this matter. However, we can address the issues raised by the City Commission and protect those people who participate in our programs and, at the same time, protect the interest of the City. I think we can accomplish both those things, and that's what we'll do. Chairman Regalado: OK, Sir, your name and address, and tell us what you want. William Christie: Good morning. My name is William Christie. I live at 3559 Hibiscus, Coconut Grove. Sunshine Investment, they started the project on my house three years ago and they just stopped, and I kept calling the City and the City until I got hell in me and told them that 41 June 27, 2002 I was going to call the TV stations to get them out there and show them what job that they did, and they need to come out and finish it. So they got H.J. Ross, or whatever Ross last name -- first initials are, and they got this group right here to come out and do it, and one of the partners where they -- the cracks in the walls where they put the mortar on there, he said he was going to sand it down and smooth it out, but it's just as rough as I don't know what, and you don't put mortar on cement, and the paint, I got a tropical mango color and it doesn't match at all, and the back door, this young man here, he wanted to change it. The other guys didn't want to change it, so finally be bought a door and brought it out and they put it in, but they still put mortar around it, and if you hit it hard with your hand, it'll crack. You just don't put mortar on cement. And the awning the crosses the back of my house, you can't close it. If a hurricane comes, I just have to leave it up. Because the way they made it, there's a window there and the awnings that they gave me, those sliding awnings, well, the top brace up there, if you close the awning, it hits that and -- so, if a hurricane come, I just have to leave the awning upright. Vice Chairman Winton: Could I ask -- I want to ask a question. Dan, you gave us data here and it said -- I forget the numbers here. Let me find them -- 39 -- Chairman Regalado: Johnny, for -- to do this in the right way, let me hand this microphone to someone from the City Clerk's Office and they can go to the people, and then we can have the staff over there and then, you know, we are -- I think the process would run smoothly. Vice Chairman Winton: OK. Dan, you said 39 you have work completed. Is this gentleman's house in the 39 that's completed? Mr. Christie: Not really completed. Vice Chairman Winton: Or is he in the -- but he's -- he gave -- I don't want to -- Mr. Christie: OK. Vice Chairman Winton: Is this in the 39 category of completed or is he in the 40 that remediation's work underway? Mr. Fernandes: This is one of the completed houses. Vice Chairman Winton: All right. So -- Mr. Fernandes: It's number 15 on your list of the -- Vice Chairman Winton: So this is considered one where we have it completed, which gets right to the heart of the point that I tried to make earlier and, that is, the City can't sign off on these unilaterally. The homeowner has to be signing off on this, and we need to see those reports where the homeowner's signing off, in conjunction with the City, and so, I don't know how many other of the 40 that we have classified as completed are prepared to come up and talk about serious problems that they have in the work that's completed so, Dan, I think you've got to go back and revisit all of this again, all 40 of them, and make sure that we have a clear understanding. I mean, because this gentleman, in what he's describing, I'm not hearing a guy 42 June 27, 2002 that's coming up here all emotional and screaming and yelling and talking about stuff that doesn't make any sense. What he's talking about is rational, so sounds to me like we've got a problem. Chairman Regalado: Thank you. Mr. Christie: Sunshine Investment, she told me take it -- it will take 90 days to finish it and every week she was off two to three weeks said she had to go to Key West to check on her lobster traps. Chairman Regalado: Thank you. Let's the other lady, let's move this process because we really need to, listen to go ahead sir, and you are? Luis Mata: Good morning. My name is Luis Mata. I'm here with my grandmother, Luisa Mata, 267 Northwest 40 Avenue. Good morning, Mr. Chairman, Commissioners, Mr. Manager. The reason we are here is that our job is finished completed one hundred percent to our satisfaction and I entitled an email to secretary Martinez recently copied to Frank Jimenez in which it was said City of Miami's Department of Community Development building a better City one family at a time. That's what I entitled it, and I'd really like to give credit where credit is due, to the City Manager for taking action when action was needed and replacing those folks that needed to be replaced with excellent workers, one of which I'm looking at right now Mario Perez. Because of his effort, constant open lines of communication and just the fact that he was there every step of the way I attribute that to the success of this project, so for those of you who are having difficulties in getting it finished I think its important factor to have a good relationship with the inspector and I'd like to give my many thanks publicly to Mario and his team. They did a fantastic job. If I could quickly give some of my key points, I feel that it will lead to the success. We've been involved in this for two years now. She was initially approved in 2000. She got the loan in 2001, and job commenced the end of 2001, so I consider myself somewhat of a semi - expert of the program and what I noticed, number one, in key to this to work is the people. The people who work in this department stemming down from Mr. Fernandes or whoever the director is going to be, need to be creditable honest people. OK, this is an issue that we noticed when we got the first set of inspectors who are no longer there. We need to make certain that these people are honest and creditable people and this is going to make the plan work and I'd like to once again mention Mr. Mario Perez. He is an example of what truly public service means. I can't say enough thanks to him he's almost like a part of my family. Secondly, the work write up which you all mention which needs to signed off that needs to be specific, very specific its going to make the job a lot easier if each and every detail in the item is specific that way there's no hassling between the client and between the contractor. Do what is on the job and get it done with and that's going to make it work a lot smoother. Also, there going to have to put some kind of penalty for exceeding the three month deadline. We need to have these contractors finished in three months, period, because if you don't put some kind of fee or penalty or something they will not finish in three months and then - Vice Chairman Winton: The go check out their lobster traps in the Keys. 43 June 27, 2002 Mr. Mata: You know this may weed out certain contractors say well this isn't fair well you're putting too much on me. Well, you know what were going to get the good contractors in there that want to do the job and listen folk the contractors need to know that this is part of their public service as well man we should stipulate that in the contract. In addition, Commissioner Teele mentioned some time ago about advertising it, we need to advertise this and let people know about this program and in addition let contractors know about this. This was quoted in the Herald, and I think its an excellent job. I like to thank you, Commissioner Teele and Commissioner Regalado for what you notice on the problem and taking this to action because this is sincerely an excellent, excellent program for all the members in this City. I've, written as I said, to secretary Martinez thanking them, congratulating the City. I've written to Frank Jimenez because I like to see this program continue because it helps all the families in this City. Chairman Regalado: Thank you. Go ahead, ma'am. Gail Goring: Good morning, City Manager, City Attorney and the Commissioners. My name is Gail Goring. I like at 1028 Northwest 6e Street in the City of Miami. I'm here representing the residents of 64th Street specifically my mother, Mrs. Gloria Goring and our neighbor Mrs. Christelle Wilford. I consider this project to be post disaster and now clien up for us. The initial contractor and I'm glad to know that initial City employees that were part of the rehab program for my moms home as well as Ms. Wilford's home, is no longer employed. I have been threatened, my mother has been threatened. Our home has been threatened by the previous contractors, because I decided to refuse to sign the payment voucher because he put in the wrong material. A City employee was present and he said to me that if I did not sign that voucher and it came to mediation he was going to side with the contractor. Our home now due to the help of Mr. Perez, Mr. Hepburn, Elroy, Mr. Greenhouse, that carpet which was the wrong carpet, installed properly they billed a City for one price and I found out by going to the carpet company they paid a lot less for the carpet, which to me is fraud. It has been like I said disaster I have here in front of me a letter from the contractor dated May 16, 2001. This was written after I took my mother down to Dade county Board of Building and Zoning and filed a complaint. I wrote the contractor - Vice Chairman Winton: Who's the contractor? Ms. Goring: It was TLMC Enterprises. Vice Chairman Winton: Just curious. Commissioner Gonzalez: Who was that again? Ms. Goring: TLMC Enterprises and the president is Tammy L. McNair. Vice Chairman Winton: Thank you. Ms. Goring: Now, what I see is a problem after investigating all the documents pertaining to my mother's home, my family called me a private detective, that's fine because I stood and I looked in my mother's window and I counted every screw hole that should have been in the window. 44 June 27, 2002 Sixty-five screws were missing. I sent a letter to the contractor, they did not respond. I filed a complaint. With filing a complaint, the chief looked at me and said I must have removed the screws. This letter states the TMLC has complied and replaced the screws that were missing, took out half its screws quarter inch screws, one inch screws where the half inch screws. The put to me a hodgepodge what was there but when the citizens go and make complaints to the individuals that are responsible for inspecting, they tell us that we have done something. The accountability should be on those who are charged with inspecting the work to make certain that it was done. If the screws were in the window then the company would not have come back or their letterhead and said that they have corrected the job. Furthermore on these building permits I evaluated this one from TLMC. I also because I work for Miami -Dade County Water and Sewer. I'm assistant analyst; we are at the property appraiser office. I looked and I typed Mrs. McNair's name in a property address, her home address is 14621 South Spur Drive in North Miami, Florida. On her building permit she listed her home address, her business address is on 22nd Avenue right below the 112 or 41st Street. On the release of liens, speaking of which, my mother has a lien on her home for shutters that were paid but she still has a lien on her home by the shutter manufacturers JC Williams out in Medley. The release of liens Ms. McNair provided to my mother and to the City to me are fraudulent in nature. It is my understanding that a contractor can not have- can not do the H Vac work, but the company that she had to put the essential AC (air conditioner) in my mothers home, number one, from day one has not worked and it's been two years. Number two, she signed as a notary for the H Vac contractor that but the H Vac in my mother's home citing her business address and also citing the H Vac contractors address as the same place of business. I think that's just a little bit too cozy for my personal taste. Chairman Regalado: Well, we got a lot of people, but you have given us a world of information because you really did your homework and if you do want to follow-up we are going to tape a statement, we will go to your home, if you wish to expand on that. Commissioner Teele: Mr. Chairman for the record, I want to put on the record that I called your mother and I called your brother and I want to acknowledge that your family has been a tremendous asset. Your brother is one of the highest-ranking African-Americans at Miami -Dade county and your family has paid their taxes and done their part and I was personally outraged about the conduct of work at TMLC. I brought it to the attention of not only Mr. Hepburn but also the director of the department at the time and specifically asked that that firm be investigated in that I was aware that they were doing work for another unit of the City and I want to just put on the record that I when I became aware of that I specifically asked that this be looked into. Especially the part about the shutters and the lien because this is what's happening, is that a lot of these people, a lot of these wonderful people, don't have the lawyers and the sophistication and the time to go down and, quote, fight City hall, and you got, Mr. Attorney, you know people that are getting liens on their houses for things that contractors did that we brought to the table, and that's a whole other, issue but that can destroy someone, and older people, my father, may he rest in peace, died with one thing bothering him and it was some kind of telephone bill that they all thought I did it. They still- my mother still thinks it was an MCI card or something, but it was a bill that just kept coming there, and my father was in the hospital and all he worried about was that bill and so these liens that are on peoples homes especially when you get up in age and you work hard to keep your record clean and all of that drives these 45 June 27, 2002 people crazy, and so I just want to say on the record that I asked the department to look into this directly. I know it may have been inappropriate, but I ask that the department intervene on your mother's behalf because I realize that this is just wrong. Ms. Goring: OK, I know that there's other people, but I've just been instructed by her to tell you that with the first contractor when it rained outside our home, it rained inside our home. And it did that for a year. Now the new contractor he's come in and he has worked diligently, he's worked with us and it's fixed. The problem's fixed. Vice Chairman Winton: Who's the new contractor? Ms. Goring: Mr. Hill. Now no one is perfect. We have not seen him, we saw him one day this week, but the former electrician they replaced an outlet behind the stove. It's a gas stove with an electric ignition. It needs to have a ground wire. I've took off my job and I'm really ready to go back to work I'm telling you but I need to be there to watch my moms back. The contractors need to be held accountable. I work with computers, I'm a systems analyst, there's a software Microsoft project. You can put your project management in that. I'm not saying that they need to be that skilled but somebody in the City of Miami is. You know you have items for a home one through ten give me a time frame that you're going to finish with a begin date and an end date. That way the City inspectors can go back and say well today is June 27th you gave us a time frame of two days. It's four days after, what's the problem, why isn't it finished? I've been waiting two and a half weeks for some electrician to come to my mother's home and ground an outlet so her stove, which is pushed up against the counter, can work. If you hold these people accountable, hold the county inspectors financially accountable, because they say they are not accountable if their employees don't do the right thing. Can you imagine all of this disaster? Chairman Regalado: OK. Thank you, thank you ma'am. We are trying to keep this down to two minutes, but we will not close the mike because this is a very important issue. You have endured a nightmare and we're here to apologize to you we're here to correct what has done some people that shouldn't had been there and do the right thing in the future but I would really respectfully ask you to limit your comments around two minutes. So, ma'am your name and address please? Gloria Rice: Good morning, my name is Gloria Rice. I live at 950 Northwest 67th Street. When I initially went to apply for the program, I explained how I've on my own, had contractors rip me off because of my blindness and I was assured by the City that I wouldn't have to worry about that anymore. Everything I signed, before I signed it, I called the inspector, had him come over, he says go ahead and sign it. When the work was done, Mr. Narhi, he says everything is fine, Ms. Rice. When there's a problem, I'm sorry I didn't know you were there, I called him and he said, "Oh, that's fine, don't worry about it, it's going to be corrected." I was constantly on the phone with him. I even had Mr. Javier come out when I couldn't get a hold of him. Everything that they told me they would make sure was done was a lie. I feel so taken advantage of because I solely depended on them to make sure everything was done. I didn't say anything to the contractor because I was told by the inspectors that they would make sure they do their job because that's what they were there for. I didn't have to worry about anything, that's what they told me. Don't worry we will make sure everything is taken care of, so when everything was 46 June 27, 2002 done and I thanked them, they spoke Spanish. I even had coworkers that spoke Spanish sign a letter of thank you because Mr. Narhi says everything is perfect, Ms. Rice. One by one things started falling apart. I would call him, he'll come back out, I'll have them come back out. One by one I even went to Home Depot myself to replace things because no one ever came back out, and he's, "Don't worry about it, it's going to be done." I'm just, I thank God for the program but I am so disappointed because I feel that I was on my own. My mother and neighbors came over and said, "Ms. Rice, this is not done right." That's who told me things were wrong, my family and friends the City inspectors told me everything was fine. Vice Chairman Winton: Can I find out, Dan, is her house on the-- apparently the guy that was doing her inspections is one of the bad guys, so he's not around anymore Mr. Gimenez: He's not working for us anymore. Vice Chairman Winton: So is her house on the list of completed or is her house on the list of we're going back and redoing? Mr. Fernandes: She's in progress. Vice Chairman Winton: She's in progress, OK, so we're back in her house now and we're monitoring the work very carefully to make sure this time when -- Mr. Fernandes: The exact status of that particular remediation is our staff is working on the specs at this time as we're speaking. Vice Chairman Winton: So, they haven't started work. They're only working on specs. Mr. Fernandes: Correct. Vice Chairman Winton: And when are they going to start work? Mr. Fernandez: Should be within a week, Commissioner. Vice Chairman Winton: Within a week they are going to start work on her house to fix all the problems. Ms. Rice: Because I have rain too and when it rains. Vice Chairman Winton: Yeah it's awful. Ms. Rice: I have it also inside. Vice Chairman Winton: So thank you. Keep us posted. Ms. Rice: Thank you very much. 47 June 27, 2002 Commissioner Teele: Ma'am, I-- this is Commissioner Teele; I just want to apologize to you. I want to apologize to all of the people. This is a very terrible situation and for us not to be able to recognize the impairment that you're dealing with. To allow this to happen is really just inexcusable, and as your Commissioner, I take personal responsibility for not visiting with you in your home and looking at it, and I realize that it's easy to blame everybody but I have to take some of the personal responsibility. I was aware of the criminal investigation and thought it not best to get directly involved, but that was a mistake and I owe you and I owe everybody here that's in my district an apology. This is terrible. Ms. Rice: Thank you. Vice Chairman Winton: Oh, I'm sorry, sir, please. John Layton: Good morning. Vice Chairman Winton: Your name and address for the record? Mr. Layton: My name is John Layton. I live at 1015 Northwest 51 Street. I was currently in the program, and when I applied in the program, it was in late `96, `97, and it was two years before they even got started and when they did it my inspector was, rather the guy that came out was Mr. Eric Medina and the contractor was George Gamis and evidently they made some type of error within my household about the measurements or whatever, but the alleged-- the amount was 40,000 they told me it was only 33 and that's all that was spent, and within the household I have electrical outlets, few minor things, cracks, a lot of bad wood in my roofing, and I signed a completed form which until I got in contact with Mr. Hepburn's office, which I tried to contact Mr. Medina, Mr. Gamis and it was a problem I was never able to-- and I feel it was I got ran around really bad without being really upset and getting angry when I contacted Mr. Hepburn, I finally got some response. One of his inspectors came out named Rick and I have a list this long of things that are incomplete. Now, the amount of money that was paid every time I signed off some of the items were bought from Home Depot. I had shower fixtures where the contractor put plastic knobs on a metal head. After months, now my plumbing is backed up, the pane, you know, windows that should have been calked, it's minor damages, but I have to live there, and I feel as though right now is the time for them to look into these matters, because I have neighbors that also has problems you know and I'm speaking for them because some of them are unable to be here. Fine Heart Construction left electrical outlets in another neighbor's house and they got paid a very large sum of money of the money that was left, but in my case, like I say, I can never contact Mr. Gamis or Mr. Medina. When I finally got some information, they said that he had been fired. I looked for Mr. Gamis' address personally for where he said his company was, it didn't exist, and the punch list that I signed for Mr. Eric Medina, taken his word that it would be completed, it's the same punch list I showed Mr. Hepburn's group. Vice Chairman Winton: And sir, are they responding now? Mr. Layton: When I talked to Mr. Hepburn thirty minutes later, I had people calling my house and coming out. 48 June 27, 2002 Vice Chairman Winton: That's what we want to hear, so as Commissioner Teele said, you know we all feel awful because what happened is absolutely inexcusable. I'd love to roll the clock back and redo it all, but we can't roll the clock back, but we damn sure can do something about what's going on as we move forward, and so I'm hoping to hear that people, and I'm happy to hear that people are being very responsive now, but we want you to feel free to stay in touch with us if there's any hiccups you let-- make sure we all know because I think the Manager's committed to curing the problem, and we're damn sure committed to curing the problem, but we can't cure it if we don't know. So, please, please, never hesitate to let us know. Thank you. Mr. Layton: Thank you. Chairman Regalado: Go ahead, ma'am, your name and address. Beatriz Sturgies: Good morning. Chairman Regalado: Good morning. Ms. Sturgies: My name is Beatriz Strugies. I reside at 900 Northwest 66 Street. I was a participant in the City of Miami single-family rehabilitation grant program. My home was completed or so I was told by Sunshine Investment Builders. I can enumerate the same kinds of problems I have heard expressed here this morning, so I won't do it. I do want to thank the City of Miami for allowing me to participate in a wonderful program. I'm not unappreciative, I'm grateful, it's just that when you contract for a job to be done you expect to have it done correctly. You give it your best. Now I'm going to take part blame for the predicament I see myself in or found myself in because I chose a contractor based on gender. Bad news, I thought that she would help me and I knew that I could help her, but it didn't work that way. At any rate, I appreciate and want to thank Commissioner Arthur Teele. He did send me a homeowner's survey, which I promptly returned to him. I did not make a copy of that survey but I know every answer that I gave and he could tell that I was not satisfied or happy because someone from his office did contact me later on. Now, as of February this year in the meanwhile in the interim, I had been writing the City of Miami letters. I had been telling my cost estimator, who is Eric Medina, all of my concerns and issues and since I have a habit of writing since early childhood I kept a journal of everything they did everyday they did it. The first evaluator who came out to my house after one year after the work had been completed one year, said, " Gee, can I have this?" and I said, "Sure, because they're through," but what she didn't know is that I still had another copy because when you document something you never can tell where your important documents will end up. Vice Chairman Winton: Ma'am, could I hear your name and address again? Ms. Sturgies: My name is Beatriz F. Sturgies, 900 Northwest 66 Street. Vice Chairman Winton: Thank you very much. Chairman Regalado: Thank you. Thank you, ma'am. Sir, you want to--? 49 June 27, 2002 Arsenio Cordoves: Comments in Spanish. Chairman Regalado: Arsenio, un momentico. Get the mike. (Comments in Spanish). Mr. Cordoves: (Comments in Spanish translated by Ondina Suarez): I apologize very much, I am very regretful that I am not able to speak to you in this English language, but the only words that I was able to learn were enough to be able to become a US citizen. Pride that I have since 1972. 1040 Northwest 18th Avenue. Ever since I became a citizen in 1972, I've never passed up on any of the opportunities to vote in any of the City, national, any of the elections whatsoever. Every possible time where there has been an election held my name has come through there, and I have never felt prouder than when I had the opportunity to vote for my Commissioner Angel Gonzalez in District 1, and my presence here, specifically, is to be able to give my testimony for Mr. Gonzalez. My recognition and my gratefulness is not only in our case, but in all of District 1 for our pride for your representation for District 1 and us. Personally, my family, as well as myself, have this gratefulness that we do want to express towards Mr. Angel Gonzalez. I didn't just want to come by and just say a few words and just look good with him. I wanted our recognition and gratefulness to be written down somewhere, and I had a letter dropped at his office yesterday expressing all of this, and in case you did not receive it I do have a copy of that letter with me. I have a letter that I'm going to ask the translator to please read to you. Chairman Regalado (Comments in Spanish) Mr. Cordoves: (Comments in Spanish translated by Ondina Suarez): This letter is specifically directed to my Commissioner, however I do understand that this couldn't have taken place or have happened had it not been for the help of all of the Commissioners, as well as the City Manager and other employees of the county. —He has a letter here in Spanish.-- In the City, excuse me. We still have your card from the one that you used when you were running for the campaign in November 6 of 2001, in which you promise, number 6, to improve the life in the neighborhoods of the area. For two years we have been doing all kinds of process and different applications of government to have our roof in our house repaired. It has been seriously damaged due to a tropical storm that we had in our area and the disaster for the county of Miami - Dade way back when President Clinton. Today, six months later after you have taken position Commissioner for our district, now our house has a new roof. We can sleep in peace without having to be worrying and watching out for bad weather on the weather channel. To leave some kind of testimony of our recognition and gratitude to you and to your personnel Olga, Frank, Eloy and Martinez Echenique, between others and among others of all of them we have received many special attentions. To you, our profound and grateful gratitude, very sincerely Arsenio and Maria Cordoves with a date of June 23 of 02. There was also a letter that I sent to Ms. Barbara Rodriguez from the Department of Community Affairs, Development. I will ask the interpreter to please read it out loud. Thank you and your department for what you have done for our house and the repairs. Now we can sleep in peace not having to worry about the weather. We want to leave some kind of testimony and recognition and gratitude to you and the personnel in the department. Specially Sylvia Diaz, Mario Perez, Juan Valentine, of all of them we have received many kind attentions. We feel very proud and grateful that our City has employees as qualified and as helpful as they. We also want to direct our attention to Alberto Cruz for the company that 50 June 27, 2002 you contracted, and all of his personnel for their kind treatment, and their professional work that has been realized from all of us our gratitude, very sincerely, Arsenio and Maria Cordoves June 24th of 02. Thank you very much the Commissioners and administrator for the City of Miami. Thank you very much. Commissioner Gonzalez: (Comments in Spanish). Chairman Regalado: Ma'am, your name and address please. Harriette Wilson Greene: Yes my name is Harriette Wilson Greene. I'm speaking on behalf of my mother Catherine Wilson and her address is 1852 Northwest 47th Terrace. First, I would like to thank you Chairman Regalado, I might not be saying it right. When I had a plight and I had problems, I wrote to you and you addressed not only one letter, but two letters back to me, and it was not my district, but I was seeking help and you did address the letters reassuring me to let me know that something would happen, and I believe I can speak for many I know you asked us to limit it to two minutes, but two minutes is a little short time for all the time that we have endured a lot of hardship a lot of pain and a lot of problems, and everybody here -- Chairman Regalado: We are here to listen to you we say two minutes because it's the normal thing but if you have anything to say, say it, and we'll listen. Ms. Greene: Because we don't like to be out of order and everybody here is not a spokesperson, but I believe everybody here is going through the same problem. That's why we're here today. Some have taken off their jobs and many have found people to come and help them get here, also my mother's contractor was Sunshine, and I can identify with everything that has been said already, and I too am usually a person of good character, and I was taken in by the things that she say. I would like to say that the program that was put forth that our senior citizens and others have been able to take advantage of is a very good program, because many do not have $40,000 to repair a house. Many do not have the jobs to take on another mortgage so that their house could be repaired, so in all due respect, the program itself was not the problem, because we do thank you for having the program in place so that our homes, our mothers' homes, our parents' homes could be taken care of However, the people that were in place was not the correct people for our best interest. We trusted the inspectors who said that they would be there for our interest to represent us, we trusted them. They are the very same ones that let us down. They are the very same ones why our houses are in the shape that they are in now, because our elderly, if they don't have anyone, I thank God that I was there to watch out on my mother's behalf and still yet we got in trouble. Elderlies can't always see, and yet your inspectors told us to trust them believe in them that they had our best interest, and I'm glad to say that a lot of them are not with the program anymore, because they did let us down. They tricked us into signing work orders that we knew the work was not done, but they told us that if we didn't sign the work orders that the project couldn't be completed. We couldn't go no further, and the people had to be given money for work that was so bad that they shouldn't even get anything. They put in the cheapest and the least that they could find and if you look at the contract, they applied and told the City that they were going to give this amount for it, but if you went to Home Depot you'll find out some of the very items that they might have charged the City $250 for, we could buy that same item for $10.00 in the store, and because it was the cheapest and least of what we could get, 51 June 27, 2002 they're all broken down. We have everything that is in the house that has been fixed is in worse shape. We've had contractors come and tell us its going to cost more to repair the house that you all allowed us to have it. We are now involved in a lawsuit, because too my mother's house had a lien put against it. I had a little bit of knowledge to call and search and seek out people, my mama could have lost her home by now, but we went through the contest of the lien. We went through the filing and we went through everything we could do until my mother was able to get a lawyer pro bono to protect her interest in her house, but we find out that these contractors, some of them are not even licensed. Sunshine is a subcontractor. We thought that the City was looking on our behalf that they knew that this was the contractor that if anything happened that we would have something to fall back on. Insurance, we don't even know who the insurance is. So many things have been broken up, taken, stolen, thrown away that we can't even get our property back, because we don't even know who to begin to get it back from, and we don't have that type of money to replace everything that through the years we have managed to get. Keeping in mind all of us are not wealthy, but we have accomplished some things that we wanted to live with in life and to get a house fixed would have helped us to go on because you have to realize, in that contract you are not allowed to sell that house so you're going to be in that house whether it's good or whether it's bad for the rest of your days, and many elderlies have already obtained a house. They don't want another house, only thing they want to do is be able to live in that that they worked and they suffered to pay for. That's all they want to do. So I believe I can speak for a lot of elderlies and a lot of people here. Our roof leaked, we have the same problem they covered up very well on the outside, but on the inside everything is leaking. The floors, she wanted to know how, is the cheapest, the best way to go. If I go this way, what would it cost me and if I went the other way, what would it cost? Now all of the tiles are buckling, they're going their own way. The house could cave in on us; we have the floors where you can see the separation from the floor and the wall that are separating. We're suffering with those problems, because of shabby work that was done, and because of inspectors that we trust and allowed to go through. We also are involved with the police. Now, I want to know, we did investigation with the police department, and every time I called the detective that's on the lead on it, he say, well we were ready to go with the indictment, but with the new City Commissioner, we were ready to go, it's always a hold back on why they have not gone forth with the indictments. We have presented our case. We have supplied all the evidence to let them know that shabby work and fault was done to us in our property, but yet we are still waiting for them to do something for us. Not only that fraud, our contractor was signing out my mother name and sending it through, and our inspector who is no longer there was allowing it to go through, but then when you asked him about it the first thing that you say you signed that, but if you look at it after the signature I happened to see the copies, white out is everywhere so, what we signed as one has the figures changed on it, but this was allowed in a part of our contract. This is what we are being held bound to, because they say our signature is one it. Yes, we might have signed, but we didn't sign everything that we saw, that we did. We wrote to the professional board of regulations so that we could try to get their contracts or their license or something to happen to them and then we find out that they're not even a licensed person, and then they wanted to know did the contractor himself come out? No. They are using other people's license to come through get City bids and then we have to suffer with who we got to fight with to try to get our house done. We are one of the ones, I believe, that is in the legal system that's going in with the City, because of the things that is being done. Is my mama's house fixed? No. Is it worse? Yes. Because everything that she put in has broken up and it's not broke up because of use; it was 52 June 27, 2002 messed up when it was put in there, because it was the cheapest of the worse. The plumbing is messing up, the electricity is messing up, all of this seems to be the same thing that everybody is saying. I'm going to move out of the way, but I want to let you know, for what took us a year to wait to get fixed took us three weeks to come in and throw it together and then wanted us to sign off on it. When I went to the lawyer, of her lawyer I was told that we had a certificate of completion in February when we still had work orders in April, so yes, we have endured a lot of hardship we have suffered a lot, and all we want to do is make sure that what has been messed up be fixed. Thank you. (APPLAUSE) Commissioner Gonzalez: Mr. Chairman? Vice Chairman Winton: Yes sir. Commissioner Gonzalez: Two concerns on this lady's statement. One, exactly what we referred to a few minutes ago, contractors need to be licensed, contractors need to be bonded or insured. The second concern that I have is on the comment that the lady just made, that the police department alleges that they're not taking any action because there is a new Commissioner. I don't know what the new Commissioner has to do with enforcing the law, or-- but that, Mr. Manager, I suggest that someone from your office get together with the lady and find out exactly who was the police officer or the person in charge of the department that told the lady that because there is a new Commission here they could not proceed with enforcing the law. That is something that is very disturbing. Carlos Gimenez (City Manager): A, is not an accurate statement if a police office said that, because you obviously have nothing to do with any type of investigation. Commissioner Gonzalez: Yeah, but the problem is that I don't know if it is a correct statement or an incorrect statement, the truth of the matter is that the lady just made that comment in public and that put us, the City Commission, in a very bad position. OK. We don't interfere with police procedures we don't interfere with police work, we don't direct the police department, and it is very unfortunate, if it is true, it is very unfortunate for any officer to say that they can not enforce the law, because there is a new Commission. I mean so, I please ask you with all due respect that you follow up on these allegations that the police department is not taking action. Mr. Gimenez: OK sir, I'll try to get to the bottom of it. Chairman Regalado: Yes, ma'ma. Ruth Kirby: My name is Ruth Kirby and I live at 3187 Hibiscus Street. And my complaint is that I had a shoddy contractor, that he really did bad work for us. He would come and say that I'm going to work I'm going to the store to get some material and I wouldn't see him in two weeks. But, it went on for over a year and now I have a lien on my house too for the man that put the tent on the house, but I got to call and see about that. 53 June 27, 2002 Vice Chairman Winton: What is it-- What role are we going to take in getting these liens released from these homeowners across the board? I mean, this isn't the first one, and there could be 40 more as far as I know, and what are we doing about that? Alejandro Vilarello (City Attorney): Commissioner, when each of those liens have been referred to our attention, we've looked into the matter. We had two referred to us and each of them have expired by their own terms. In other words, their unenforceable. That, I think one of the Commissioners, I can't recall who, said some of the individuals are elderly and they don't understand that it's not enforceable. So it takes quite a bit of time. Vice Chairman Winton: Well even the ones that are not elderly are not going to understand that, I mean. Mr. Vilarello: We've been providing them information on, that they can use as a reference point of why they are no longer enforceable, in attempt to explain it. We give it to them in writing so that they can see and they can show whoever their bank is or their information they can have a letter from my office indicating why these liens are no longer valid. Commissioner Teele: Mr. Chairman, Alex with all due respect, a non-enforcable lien is still on the record, right? These liens must be vacated. These liens must be vacated, and you know, again Alex, I don't want to have a fight with you about this, but we don't need to play lawyer here when we're dealing with this type of community that doesn't have the advantage of having a series of lawyers. An unenforceable lien to my grandmother would mean nothing if the lien is still there, and the fact that it's unenforceable does not vacate the lien, and I mean I don't want to start splitting hairs with you because you're the lawyer, I'm not the lawyer here, for the purpose of this Commission, but that's not right. That's the wrong message to send in the context that we're in. We need to make a decision at the end of this hearing Mr. Attorney, Mr. Manager, Mr. Chairman, Commissioners, if we agree to instruct the attorney to go in through his office or though outside counsel and make right what has been wrong, and we don't need to milly around with this thing and say that you got a letter from somebody if you got a lien filed through the system that lien needs to be vacated, and there's nothing hard about this Alex, it's just whose side are we on? I'm on the side of the taxpayers. I'm on the side of these citizens and it's not about them versus us, but we got to stop with the worse, we have to be serious about protecting the people. Vice Chairman Winton: So, Commissioner Teele, you just made an absolute statement, and that is that when the public hearing closes we're going to take up the issues over liens and we will come to a solution relative to that. Your recommendation is that we move, that we, the City, take all steps necessary to get these liens removed from any of the homes that are related to the City money, slash federal money, that went into these houses that we were administering. I'll support that 100 percent. Commissioner Teele: I also want to hear from the Attorney, but what I'm saying here is a lien that is unenforceable is still filed and it's still on the credit it's still on the -- 54 June 27, 2002 Vice Chairman Winton: And it will still give them headaches, I don't give a damn, I mean I deal with these bankers all the time and you get some junior level loan administrator that's closing the loan, and, "Oh, I got this lien." Well, he doesn't say, "Oh, it's an unenforceable lien," he says, "It's a lien." And then you have to spend hours or maybe days trying to educate him that its an unenforceable lien and the people that are going to have to deal with it aren't going to even understand, they're going to be clueless about how to deal with that problem with the bank so I'm with you one hundred percent. Commissioner Teele: There are two things that I want to be very clear with I think we need to hear the Attorney's opinion on how, on all of the steps that can be taken for us to stand in the gap, to put ourselves in between the people who have been affected and the system, even if it's our own system, Alex. Even if it's our own Community Development Department, even if it's our own legal department, in terms of protecting them and getting somehow right, undoing and doing what is right for the public, and the second thing that keeps coming up is that we need to instruct you and the Manager to meet with the State's Attorney and the right governmental agencies, whomever they are, and find out where the prosecution of this case goes on, because we cannot sit by on one hand and complain, and on the other hand not be vigorous about prosecuting and indicting anybody and everybody that's involved in this; and so those are the two things Alex, from the law department that I'm going to be looking at your advice on. I want to motion to instruct you and the attorney to meet with the State Attorney and the US Attorney and review the status of this case to make this transcript a part of their record and to ask that they move on this matter and to give us a report as to where this matter stands. We don't want to do anything to damage their investigation. On the other hand, we can't sit here like a bunch of people that are paralyzed. Vice Chairman Winton: Couldn't be better said, OK. Ma'am I'm sorry to have interrupted you, but I wanted to understand this lien business here. Ms. Kirby: Thank you very much and another thing, the first contractor he put up the walls the bathroom, and the kitchen when he should have fixed the leak in there, and he never did anything about it, he just put the walls up. Vice Chairman Winton: Are we fixing it now? Ms. Kirby: And it's leaking, but the City sent another contractor out and they are working on it. They did the work on the outside, but that is still leaking they said they was going to go back to the City to get whatever they needed then they were going to come back and finish. My bath, my kitchen sink one of the sides it leaks, so I have to keep a pan under there all the time because when you run the water in it goes right out because it doesn't have the right thing around it to seal it. It don't have the correct seal and the water just pours out, and so, I'll be thankful if someone when they can get there and finish doing it. Vice Chairman Winton: Is her house on the "in progress" list or on the completed list? Dan Fernandes: She's on the completed list Commissioner, it's a new finding this just happened and we'll work with her to get the remedy. 55 June 27, 2002 Vice Chairman Winton: So you're going back. OK ma'am, they're going to go back to your house, but you keep me notified. Keep me up to date if you're not getting appropriate service, please. Ms. Kirby: Thank you very much. Vice Chairman Winton: Thank you. Yes, ma'am. Carolyn Smith: OK, good morning my name is Carolyn Smith, I live at 420 Northwest 45th Street. I'm representing my mother Evangeline Smith. Mr. Javier, who was an inspector, I know he's no longer with the City, but he was one of our inspectors. Also our contractor was Bay Construction. We were supposed to have the house rewired. Nothing was done. The floor in the kitchen is warping. Where they have vents-- where they put in the air conditioner the ceiling is cracking. They painted without putting a primer on or sandblasting. You can see the yellow paint coming thorough the white paint. The doors, they cut out the holes for the locks and never put the locks in. I can go on and on and on, but I won't. All I can say it's a good program. Somebody needs to oversee the contractors because what they were supposed to do, they did not do. Vice Chairman Winton: Have we been back to your house yet though? Ms. Smith: No. Vice Chairman Winton: OK is her house on the completed list or uncompleted list or what list? Mr. Fernandes: She's on the completed list, Commissioner. She is number 75 on your list pending submission of proposal from the contractor. Vice Chairman Winton: I didn't understand that. Mr. Fernandes: We're waiting for a proposal from the contractor so that we can go ahead with the work to be completed at that particular house. Vice Chairman Winton: And when, I want her to hear. When do you think we will start work on her house? Dan Fernandes: Within a week again. Vice Chairman Winton: So, if within a week or maybe let's give them ten days. Ten days from today, if they haven't started work on the house, feel free to call me or Commissioner Teele and give us your address and we'll be bugging somebody. Ms. Smith: OK. I certainly will. Thank you very much. 56 June 27, 2002 Commissioner Teele: You know, Mr. Manager, what I want you to think about is that we have two assistant Managers and I want to hear from both of them. I want to hear from Frank Rollason. Doesn't Frank Rollason control the inspectors? Mr. Gimenez: Not in this case. These were inspectors that were actually out of the Community Development. Commissioner Teele: No, No, No. But, I understand that, but listen to me now. See this should have had some kind of check and balance, in other words we got Community Development with their inspectors, but this is still City work. How did the City inspectors not catch some of this stuff? You got two separate set of inspectors. Mr. Gimenez: There was also there may have been inspectors from the Building department and that's still under the same ACM (Assistant City Manager). It's one ACM Vice Chairman Winton: Well, did building inspectors also get their heads chopped off in addition to the CD (Community Development) inspectors? Hector Lima (Director of Building): Hector Lima, Director of Building. In most of these cases the permits were not pulled. Inspections were not performed. We are working together with CD to make sure that signing off, like Commissioner Gonzalez said, on the facade those things are happening after we were informed that some of the stuff was not being pulled permits, so we're working very closely with them. Commissioner Teele: Say that again. Just start up and say what you just said again. Mr. Lima: I said, that some of the work that was being performed, permits were not pulled for that work. When we were advised Commissioner Teele: Is that legal? Mr. Lima: That is not legal, sir. Commissioner Teele: I know the School Board has an exemption. Vice Chairman Winton: No, there is no exemption. Mr. Gimenez: We do not. Mr. Lima: Contractors working for the City pull permits the same as working for anybody else. Vice Chairman Winton: Just more. Anything else? Mr. Lima: Sir, another one of the issues we're looking at. Vice Chairman Winton: OK. Who's next? 57 June 27, 2002 Commissioner Teele: Mr. Chairman. I want a list of all of the work that was done and all of the permits that were pulled and inspected versus those in which there was no pulling inspection, because this is the point. There's something wrong with the system. This should not have gotten this far, and you know, it's one thing for Community Development, you know and why they got their own inspectors, and there's some whole issues of diversity that I'm going to put it right here right now. It's very clear to me and I'm going to say it. It's very clear to me that there are some diversity problems within the inspector's office. I want to see an EEO profile not by name, but by gender and race, as it relates to the time period for each quarter for the last two years of the EEO inspectors, because it's very clear to me if you're listening, you hear one set of facts and one set of responses, and then on the other hand you hear a different set, and there is some diversity problems here, Mr. Manager, and this is why we have to be professional and fair and totally as fair as we can across the board in the manner in which we employ people, because it's very clear to me that there are language problems, you know and you can listen to the transcript coldly and you can see where people got great service and where people aren't getting good service, and there's a diversity problem here. Mr. Gimenez: Yes sir, and we'll give you that information. Vice Chairman Winton: OK. Let's see I'm sorry who's next? Yes, ma'am. Rashida Ali: Good morning, my name is Rashida Ali. My address is 44 Northeast 51st Street. I would like to begin by agreeing with Commissioner Teele that this housing rehab program is a noble program that has gone awry. Too often in programs and venues where large amounts of dollars are involved, corruption is also involved, which I think is what happened to this program. I could elaborate not for two minutes, but for two weeks on the horrors that I experienced in this rehab program. It's going on three years since I signed a 90 -day contract and my home is still not complete. I can ditto the complaints of all of the people who have spoken prior to me. Leaking roof, no toilet facilities for three or four weeks, leaks under my sink, holes in my walls. One thing I haven't heard anyone say that happened to me is animals coming into my home. I have large rats and possums coming into my home. I'm a single woman. I had to take them out myself to the frustration that I finally put a big rat the size of a baby cat in a Ziploc bag and took it to the City of Miami. On and on and on, but I don't choose to go into details on all of my problems, because everything everyone has said before me is my plight as well. I do believe that this is a good program and I would hate to see the program disband, because being disenfranchised and underprivileged and not financially capable to do these things that the rehab program has afforded us is very good. I personally was not in a position to rehab my home, and I appreciate the opportunity for this program. During my horror story these past two plus years Mr. Jeffrey Hepburn and an administrative person Chris Brautigam have been key to my sanity, because I was in such a helpless position. And as so many who have gone before me have said, that the inspectors did not do their job. We were led astray; we were forced to sign work that wasn't done. To Mr. Hepburn's credit when I took these concerns to him, he either personally addressed them or he passed it on, because someone always if nothing else but a phone call or a visit came to my home. But it's been a long sojourn. But I'm happy to say that now I am getting some gratification. Since Mr. Mario Perez's coming onto the team and I know we have another director. I haven't had any communication with her, but of course we know that the body is a 58 June 27, 2002 reflection of the head so, I would like to give her, her props even though I don't know her name at this particular time, but, to me the program is on track. I know that a lot of the bad apples have been eradicated, and this is very good. I think that the inspectors that should have protected us did let us down, as so many have said before me. The interest was not the homeowner, it was like the interest was the contractors and the City, but then that's where the corruption came in, but, I'm real happy with what's happening in my home now. I have a wonderful contractor Seymour Contracting, Seymour Engineering, what's his name I don't know, I'm teasing his name is Mr. Thomas and he's doing a wonderful job in my home and I'm very happy, and as a matter of fact, some days I wake up and I say, "Oh, I'm glad the other contractor messed up, because the contractor I have now is going above and beyond the call of duty." I am very pleased, and I would like to say to the homeowners those of you who have not gotten satisfaction, just be hopeful that it's on the way, because in my estimation, the program has taken reform and it is on track. I think in resolving problems like to come, I find that one problem was again the inspectors not doing their job. I think another problem is one contractor's being given too many contracts and then you bounce from home to home to home. I think that has been a great problem, but I'll end on this note by saying again I really do believe that the program has been reformed and evident by the work that's happening in my home. What has been two plus years in less than two months will be completed. I think in about maybe next week my home will be completed and I don't foresee that I will have any complaints and just a ray of hope again for those of you who are still distraught. Thank you. Vice Chairman Winton: Thank you very much. Yes ma'am. (Applause) Marie Jean Louis: My name is Marie Jean Louis my address is 7735 Northwest 5th Court and my house has been done by City of Miami and I want to thank for the Commissioner Mr. Teele for the wonderful program, but I was disappointed about the contractors and the work that be done in my house. And my contractor was Fernando Rodriguez and they (unintelligible) and all the stuff. When they come over they show me everything and they going to do in my house and later everything was shot. Ms. Louis I'm going to put you a central air conditioner fine, and then after they said no to two units, because we be doing something in the house we don't have enough money to do that we're going to put you two units, and two units reduce and one, and after that, it's OK Ms. Louise, I'm going to do this and later on they say alright, I find something in the house, you know, but I'm going to give you credit for that. I never see where the credit at. Everything was tricky, but my problem is this is not the program's fault. No, the program is good, wonderful. The program is good. I'm very, very thankful about it. I think the program was made for me. By the time they finished my house, you know I was really need it. Very need it. I didn't know where I was going to sleep with my children as a single family working part-time at a fast food restaurant. I didn't have no money to fix no houses, but, when I get to the program you know, I was very satisfied, but the contractors I had a translator here, because I don't speak English very well. Vice Chairman Winton: You're doing a great job. 59 June 27, 2002 Ms. Louis: Thank you. I don't speak English very well, but I can't find no Creole translator and then I think my translator don't speak Creole very well either, because she won't hear and then she tried to have me around. Vice Chairman Winton: So how is your house now, ma'am? Is it, is her house, hold on, is her house on the completed? What is your address again? Ms. Louis: 7735 Northwest 5th Court. Vice Chairman Winton: Is her house on the completed or the to be completed category? Mr. Hepburn: It's completed, but it's not part of that list. This is the first time that I've heard any complaint from her on this issue, but we're going to go out and see her. Vice Chairman Winton: OK, ma'am they're going to go out to your house. When are you going to go see her? Mr. Hepburn: Early next week. Vice Chairman Winton: So they are going to go see you early next week so that, because you're not on any list here. Now you're added to the list, good thing that you came today. You're added to the list. They're going to go see you early next week and we're going to count on them fixing your house. Commissioner Teele: But, Mr. Chairman, she's made a very important point. She speaks Creole she really is working hard and I compliment you for speaking English and working hard to speak English, but she's obviously more comfortable and proficient in another language and we need to make sure that someone speaks Creole goes there so that she can explain all of the nuances and details. Can you do that, please? Ms. Louis: Thank you. Vice Chairman Winton: OK ma'am, so we'll, someone will be at your house this week. Thank you very much. Yes ma'am, right here to my left. Aurora Batista: (Speaking in Spanish and translated by Ondina Suarez) Well, I am here today to say thank you to all of the Commissioners especially Mr. Joe Sanchez who is my Commissioner, my house has already been rehabilitated. And to my Mayor Manny Diaz, he always comes when we do call him and he does listen. Olga Sanchez was the inspector that attended to my house and thank you to her too. In my case, there were no problems. Commissioner Sanchez: So she's content? Ms. Batista (translated by Ondina Suarez): One hundred percent, yes. Vice Chairman Winton: Well, good to hear one good story. 60 June 27, 2002 Commissioner Sanchez: Excuse me, she needs to state her name and her address for the record she didn't do that. Ms. Batista (translated by Ondina Suarez): My name is Aurora Batista and its 219 8th Avenue and thank you very much to all of you again. Thank you to my Mayor again. Vice Chairman Winton: Yes, ma'am. Makia Dore: Good morning, my name is Makia Dore, I'm here with my mother Merci Jules, I want to thank you, Commissioners. Vice Chairman Winton: What's your address? Ms. Dore: My address is 153 Northwest 53rd Street. Vice Chairman Winton: Thank you. Makia Dore: This morning I'm here with my mother Merci Jules again. We're having problems in our house since our contractor was Ms. Malana and our inspector was Mr. Rodiguez Rafael and they gave us a terrible job. We don't, we're not satisfied with the job that they gave us. We have, they come in the house when they want to. They don't tell us when the coming to do the job. They come when they want to, and our bathroom is breaking down on us. The sink where we're suppose to brush our teeth at is falling apart. When we open the sink, the water is dropping. In our kitchen, all our cabinets are falling apart, and it's like they didn't give us a good j ob at all. They gave us a paint, you can even see the other paint that was on the house, and when they telling us to sign the paper; they force us to sign a paper. They telling us it's to pay the people and they don't tell us why we signing it. They just do the thing on their own. Vice Chairman Winton: Could I interrupt you, because I'd like to find out the status of while you all are here we need to find out the status. What's the status of this young lady's house? Mr. Fernandes: Commissioner, that's number 48 on your list. The work is in progress at that particular house. Vice Chairman Winton: OK, so there's new people there working on your house now and what is the, what's the performance level of the new people that are working there? What do you feel about them? Ms. Dore: We haven't seen anybody. Vice Chairman Winton: So we have it work in progress, they haven't seen anyone. Hold on one second. 61 June 27, 2002 Mr. Fernandes: I'm sorry, Commissioner, I gave you the wrong information. On that particular client, the specs are in place the contracts in place, and it's getting ready to start. Within the next two weeks you should have somebody out there. Vice Chairman Winton: Let's make sure you got the addresses straight. Give your address. Mr. Fernandes: 153 Northwest 53rd Street? Ms. Dore: Yes sir. Vice Chairman Winton: OK, so repeat that again. Mr. Fernandes: OK, the contractor has been selected, the specs are being drawn up, and it should be in, work should be commenced within the next two weeks. Vice Chairman Winton: So, they're saying within two weeks you'll have a new contractor at your house. And if you don't have a new contractor, mark the calendar, you don't have a new contractor to your house within two weeks feel free to call any of us, we'll—contractor's coming. Ms. Dore: Thank you very much. Commissioner Teele: Mr. Chairman, before you leave is that your mother? Ask your mother to stand here with you. Has anybody been in contact with you all within the last sixty days? Ms. Dore: No, sir. Commissioner Teele: OK. Check with your mother. Just ask your mother to answer my question please. Has anybody been in contact with you? This report says that the report was completed on March 25th. Has anybody been in touch with you since April or May or June from the City? In the last 90 days? Ms. Dore: OK. She's saying that it was an American man a contractor that came to our house and after that day we never saw him again. Commissioner Teele: OK, so somebody came and inspected everything? But in the last 90 days nobody, in other words, Mr. Director, you've given us this report here and if you go back and you look at my specific request and instructions to you all six weeks ago when we set this hearing was for you all to meet with everyone and to ensure that we're in agreement on what's going to be done. Now, you've given us a report that says that inspection was completed on March the 25th 2002, and you all have agreed on the various things. Door installation, wood repair, cabinet grab bar, replace tiles, floor adjusts, on and on, bathroom floors system, plumbing it doesn't talk at all about the issue she just talked about which is where she brushes her teeth and the sink. But, this is the point, this is not the place to agree on the facts. Now, have you all sat down with each of these people under this area and do you all have an agreement or are we just 62 June 27, 2002 unilaterally deciding what we're going to do? Has there been, is the lady correct no one has talked to her about what you all are proposing to do since this report was done by H.J. Ross? Mr. Fernandes: My understanding, Commissioner, is that we have met with the family, the inspector's been out there, Ross was out there, as you see the Ross report was completed in March and the contractor is agreed on, the specs have been agreed upon. Commissioner Teele: You're not answering my question. I'm willing to stipulate that H.J. Ross has been out there, because we know what they've said. OK, and I have high confidence in H. J. Ross. So, I'm not putting them in question. What I'm asking you, Mr. Director, again is pursuant to the request that I made six weeks ago to say that we don't need to have an argument about fact down here. Has anybody met with the homeowner, each of these homeowners since you and the consultants have agreed on what needs to be done, and do we have an agreement on the two parties, that is the City and your consultants and this fine lady and the other people on what needs to be done? Because I think that we can still be operating parallel. Vice Chairman Winton: And it's even more than that. It isn't just an agreement on what needs to be done, its leaving them with a clear understanding what the next steps are and the timing of those steps, so that they understand what's going to be happening and they're not just wondering. OK, somebody was here, what's next? They shouldn't have to guess. They should know. We should leave them with a schedule that says here's the next action item and here's the dates by which we will commence -- Commissioner Teele: But, Johnny, this is very dangerous what we're leading ourselves into, because now we're directly involved in this thing, so from this point-- the good thing about not hearing this is you could at least say you didn't know. We all heard parts of, we're very much a part of this. What happens or doesn't happen as of today is going to be on this dais. Vice Chairman Winton: What's wrong with that? Commissioner Teele: OK, and the point is, I don't have a problem with that either, but we can't whitewash this thing. Now, let me tell you why this is important Johnny, if they come up with an agreement of work and they have not conferred with each of the people that we're talking to and the work now exceeds a certain threshold you know what's going to happen? The same thing that's been going on now for a family that we recognized in January; that the work so exceeds the house that's its got to be redone and from January to June the City management is still trying to agree on a contractor to go redo the house. In other words, there are dollar thresholds that are involved here, and if these thresholds, OK, you follow what I'm saying? And we can wind up in a hundred and 80 days starting all over again, and that's why it's important that we get all of the facts at one time and that we not get this thing piecemealed, because right now, if we got what the staff is saying, but this hasn't been validated at least in principle by the people where the work is going to be done and lets say that the work now is another $8,000 but that exceeds, what's the limit $40,000 or whatever the numbers are? You know, we're going to wind up and what I want to make sure that we're dealing with Johnny is just what you said, a clear understanding between the City and our consultants, and the property owners, and a 63 June 27, 2002 timeline to do it. The first thing we got to do on is agree on what the work needs to be done. Otherwise, this just becomes an exercise in public outrage and public frustration. Vice Chairman Winton: So I don't, I'm not sure that-- I'm struggling to understand what you and I didn't agree on in that. Commissioner Teele: Well, the point that I'm trying to get the Commission to focus on is this, if the work has been validated by H. J. Ross. If they said they were, the City has agreed to that work, but nobody has communicated to the property owner and I want you to confirm again nobody has communicated with you from the City on the work that is going to be done. You all have not sat down and gone through a list? Ms. Dore: No. Commissioner Teele: Of what's going to be done. You know, Johnny, we're still halfway there. Vice Chairman Winton: I'm in agreement with all that, so, I'm not disagreeing with you. I'm in agreement, so, I think we need to make sure that staff is in agreement with what we're in agreement on, and that is, that the communication link has to be clear the process needs to be transparent and their schedule needs to be in place with the task, so -- Mr. Fernandes: That's the system that has been in place and I'll be sure that from this point to be sure that we're continuing that process, but that's, my understanding is that everybody has been spoken to. Vice Chairman Winton: But you now know that that's not the case. Mr. Fernandes: I understand, we'll work with them and we'll ensure that anybody that we meet with from now on will have a clear understanding of what the Ross report says and where it goes from there -- Vice Chairman Winton: And that the family understands. Mr. Fernandes: --to be agreed upon by all parties. Commissioner Teele: Mr. Director, respectfully, was it not your understanding that that was what I requested six weeks ago and I said specifically, Dan, please don't bring people down here and we argue about facts? Please, meet with each person before this meeting and let's agree on what the problem is. Mr. Fernandes: You are correct Commissioner and my understanding was that's what was being done. Vice Chairman Winton: So you've got some rework to do with some folks. Mr. Fernandes: Right. 64 June 27, 2002 Vice Chairman Winton: And we don't want to hear it again. Mr. Fernandes: I don't want to hear it again Commissioner. Vice Chairman Winton: Thank you, so that the within two weeks someone will be at your house. Ms. Dore: OK, another question. Vice Chairman Winton: Yes, ma'am. Ms. Dore: OK, my mother want to say thank you for you all for giving her the money to repair her house, because she did not have no money to repair the house, but she's not satisfied with the job that has been given to her so she wants to thank you all for your hard work and everything, thank you very much. Vice Chairman Winton: Thank you very much. Commissioner Gonzalez. Commissioner Gonzalez: Mr. Fernandes? I have a concern and my concern is I know that we have a certain amount of problems with this program of families that were affected. Do we have a complete list of the families that were affected, that the work that they requested were not done properly and that the program didn't comply with all the expectations of the residents and also Commissioners and Community Development. Do we have a complete list of all the cases? Mr. Fernandes: The list that you have is a complete list of the hundred and 70 -one clients as well as any complaints that we have received either through the Commission -level, to the administration, or through the survey. Commissioner Gonzalez: All right. I appreciate if you answer just straight answers. Yes, no, I don't want to hear all the explanation. Is that a complete list of all of the cases that apply for the program that have problems? Mr. Fernandes: Yes, all that we are aware of. Commissioner Gonzalez: Have we addressed or has Community Development addressed all the problems that each one of these families had with the program? Mr. Fernandes: Yes, we have addressed them or we are currently addressing them. Again, we have jobs in progress. Commissioner Gonzalez: So actually, what you're telling me is that. OK, let me see if I can make it more clear. Have Community Development contacted every family that has been affected, and have talk to them and tell them, we are working on this progress, we're going to be contacting you to remedy your situation. We're going to do X and Y in order to solve this 65 June 27, 2002 situation. Have we done that? Or there's still any families that haven't been contacted yet and let them know that there going to be taken care of? Mr. Fernandes: We get calls all the time, Commissioner. Everybody's been contacted, but for example you know the rains that we had last week that may be a problem that occurs. So we do get calls on a constant basis. Commissioner Gonzalez: Yeah, but those are delays on the process of repairing a roof, I mean, rain don't interfere with picking up a telephone and say Mr. Fernandes, I know you have a problem with the program. The contractor that was at your house didn't do a proper job, but we just wanted to know we want you to know the City of Miami wants you to know that we're following up on it. That we're going to take care of your problem, that we're going to do whatever it takes in order to make sure that you're satisfied and you're happy. Vice Chairman Winton: I think what he's asking, if I may help here, I think what the question is, and correct me if I'm wrong, Commissioner Gonzalez wants to make sure that we have an active dialogue that has occurred and is going on with every single one of the one hundred and 70 -one families that we've identified to date, and that no one is kind of left hanging. Isn't that what you're asking? A real dialogue with all hundred and seventy-one. Mr. Fernandes: Yes, Commissioner. Vice Chairman Winton: OK. Commissioner Gonzalez: Thank you. Vice Chairman Winton: Yes, ma'am. Zoila Mederos (speaking in Spanish and translated by Ondina Suarez): My name is Zoila Mederos, 1926 Northwest 17th Street is my address. I am here because of the many complaints that I have already placed on the City. I am not at all happy with what has happened with my property. I have called the City and then I finally wound up calling an attorney and told them this is what I am going through and I don't want to be going though this anymore and I went ahead and after talking to the attorney and he told me that I did not have to keep putting up with this I went ahead and did contact Tomas Regalado, our Commissioner. I asked for a really good inspector somebody really responsible to come out to my property and check everything, because nothing works right. Even with the plumbing, twice I have had problems with it getting clogged up. Vice Chairman Winton: Excuse me, I think to get through this, what I think the principle focus from this point on really should be to identify whether or not there's a complete communication connection between each of these families right now and our City and to hear the history-- we appreciate the history of the problems, they're crystal clear now. We're not going to tolerate this anymore. What we need to do today is to make sure that we're working to the solution. Therefore, could I get someone from CD up here about this lady's house? Tell me what the status of her property is. She's very dissatisfied. 66 June 27, 2002 Mr. Hepburn: Commissioner, this has been an ongoing case. I know I've been involved personally, myself, about a year now. The issue has been truly the ability to get on the property with a new contractor to start the work. We've gone through a work write up all the things that H. J. Ross people identified as critical issues, additional issues she had identified were all done as a write up, and specs were done. We had a contractor ready to start work last week and she refused to let us on the property. What we have had to do is that she has a daughter who lives in Marietta, Georgia who we have communicated with and she's going to be coming into town on Saturday, so we're hoping that we can come to some meeting of the minds to be able to allow the general contractor to start work. Vice Chairman Winton: Could we hear from the lady why she wont let the contractor on the property? I'd like to hear her side of it. Ms. Mederos (translated by Ondina Suarez): They have come in. Vice Chairman Winton: But he just said that they wouldn't allow the contractor this past week to come onto the property. Ms. Mederos (translated by Ondina Suarez): Because I was waiting to come here to this meeting. Vice Chairman Winton: So she's here now, you're ready to start, we're ready to start. You could start when? That is not my question. You can start again when? Mr. Hepburn: Again her daughter is coming into town this weekend the only thing we need to do is through the Building Department is pull the, get her to sign documents to pull the permits. Vice Chairman Winton: Well are you suggesting that we wait until her daughter comes this weekend? Mr. Hepburn: And I think that's what we agreed. It's the only way we're going to get through this. Vice Chairman Winton: Can I get that, from our standpoint we want to wait until her daughter gets here this weekend? So, her daughter can sit with City staff and her and we'll have an agreement. Ms. Mederos (translated by Ondina Suarez): Many have been there and I have seen to them. Vice Chairman Winton: The problem will be solved this weekend when her daughter gets here, if it is not, she can call us back and we'll get more people involved. OK? Ms. Mederos (translated by Ondina Suarez): Just one more thing. A lot of things that were supposed to be done in my house that I had to sign off on that were not. I want to know where are those credits? 67 June 27, 2002 Vice Chairman Winton: What credits? Ms. Mederos (translated by Ondina Suarez): Because a lot of what's been the things that have been done in my house are a lot less than what actually written down as being done. Vice Chairman Winton: But, I don't understand what the question is. Ms. Mederos (translated by Ondina Suarez): All of the credits I gave. Commissioner Gonzalez: Explain to the lady that whenever we talk about credits, credits mean that if we don't do, if she decides that she doesn't want a portion of the repair done and she rather use that money for another type of repair, that's what the program allows. There is no money credit it doesn't mean that if she doesn't use if she's allowed 40,000 and she uses 30,000 that she's going to get 10,000 cash. That do not exist. Ms. Mederos (translated by Ondina Suarez): Then I want it to be used for work inside the house. Commissioner Gonzalez: They'll have to tell her where those credits went. Vice Chairman Winton: That's a detail that you have to work out with the department. It's a technical detail that we don't want to get into here. Thank you very much. Ms. Mederos (translated by Ondina Suarez): They're already aware of this. I'm happy with my Commissioner, Angel Gonzalez I had to make use of your office with the problem I was having with my trash pick-up and you guys took care of it right away and thank you very much. It's just that I wanted to make it clear on the record again that things that I signed off on, it never happened. Vice Chairman Winton: We understand. Yes, ma'am. Hirma Hernandez (speaking in Spanish and translated by Ondina Suarez): Good afternoon, my name is Hirma Hernandez. I live at 5440 Southwest 6 Street. I wanted to express my gratitude to all of you to Tomas Regalado. Since I have been undergoing the repair work on my house for a year and some months, but its finally being finished. I'm very happy. I have two children that are handicap and I'm a widow, and these programs do need to continue to exist for the low income, since we do not have the means to repair our home. Thank you very, very much. Vice Chairman Winton: Thank you very much. Yes, ma'am. Jennifer Trumpler: Good afternoon my name is Jennifer Trumpler I live at 1166 Northwest 65th Street and I do appreciate being a participant in the program; because I am a single parent re - raising three children. My contractors were Sunshine Builders and after they left, the work just started falling apart. It's like what looked good, wasn't good. Like I said, I was happy before they left because it was looking good, but the work start falling apart from the front door to the back door. 68 June 27, 2002 Vice Chairman Winton: Let me ask a question. What's the status of this lady's property? Work is in progress? So, are we working on her house right now? I mean re -working is how I should say it. We have a new contractor at her house now? Ms. Trumpler: Yeah, when I received the letter to come to the meeting here. Vice Chairman Winton: I want them to answer the question here because I want to understand very clearly what's going on. So that you can, I want you, me and them to understand the same thing. Jeff? Mr. Hepburn: Yeah, I think we have a new contractor working on your house right now right? Ms. Trumpler: Right. Vice Chairman Winton: OK, and so, so far the new contractor seems to be doing a good job or badjob? Ms. Trumpler: Well, I just met with him the other day and this morning as I was walking out the door he wanted one of his workers to do the pressure cleaning. If you go see the paint that's coming off the walls already from the pressure cleaner, that the job wasn't done properly, you would say, my God my God, but I do thank you for the program. I want to ask you a question, I don't have a lawyer or anything, but I'm hearing that in this program when you applied for the loan in this program and if you die before the ten years are up, that your property will be taken by the City. I'm hearing a lot of this. Vice Chairman Winton: OK, hold on we'll answer the question very directly. Mr. City Attorney ,could you answer her question? Mr. Vilarello: I don't believe that that's the case, but I have to look at the contract to review. It's clearly designed to be forgiven so long as they maintain the residence for a period of years. Vice Chairman Winton: Isn't it one-tenth per year? So Jeff can you answer the question or someone else? Mr. Hepburn: Yes, it's a ten-year period. Basically, we forgive one-tenth, or ten percent of the amount we provide over a ten-year period. Vice Chairman Winton: OK, so, let's say that the homeowner dies within five years, what happens? So half of the loan now is converted to a grant, the half remains, homeowner dies, what happens? Mr. Hepburn: There's-- if we use the example $40,000. There's $20,000 left. What would happen is we'll look at in terms of probate and if she deeds it or leaves it to an heir to determine whether or not that heir qualifies income wise -- 69 June 27, 2002 Vice Chairman Winton: You mean as a family person? Mr. Hepburn: That's correct, and as long as they're going to move in and stay there that likewise that we would continue that process with the heir. Vice Chairman Winton: Or otherwise it becomes a loan. Mr. Hepburn: Becomes due and payable. Vice Chairman Winton: At what point? Mr. Hepburn: Well, I don't think we would press knowing the situation that just went through. I think we would try to work with them to see whether or not we could try to convert it to a loan where there's monthly payments, or if their going to refinance because of the equity that was built during this period then maybe we talk about a cash out. But, you know that's something we would deal with on a case-by-case basis, I would think. Vice Chairman Winton: OK, let me help with this question just a little more clearly, because there isn't a clear-cut answer, but let me make something very clear and I'm sure the rest of my Commissioners will back me up on this. From a public policy standpoint, I think if any of us heard that someway or another the City went haywire again, and some rogue department decided that's a great way for us to start glomming on the peoples property, as soon as we heard that the City has taken the first step to try to take the heir's house away from them, we would go completely crazy, so, from a public policy standpoint, that's not the objective. The public policy standpoint is to help create livable housing for families and neighborhoods, and help create wealth through homeownership for families so that that wealth can be passed onto their heirs anytime they want to do that. If it gets converted to a loan, because that's the rule, and that is the rule. If it gets converted to a loan, then we want to make sure that the appropriate policies are in place so that there is a reasonable timeframe for repayment of that loan through some process. The objective is not to get people's property away from them. Everything that this Commission has done, since I've been here, has been geared toward creating homeownership, because we believe very strongly homeownership can create real tangible wealth for families in low income neighborhoods, and we believe in that very strongly, so we would never do anything that's designed to flip that upside down. Doesn't mean that sometime, at some point, some employee may decide to create their own policy and we get it goofed up, but as soon as we hear about it you all are going to let us know about it we would make sure that we corrected that individual problem. Ms. Trumpler: OK. I want to thank you all very much. Vice Chairman Winton: Thank you for coming. Yes sir. Ondina Suarez: To the Commission there is a lady here she's in a wheel chair and she's waiting for transport or thinks transport might be outside waiting for her. She's asking if she could be taken out of turn because she really wants to address you for just a minute. Thank you. 70 June 27, 2002 Vice Chairman Winton: Absolutely. Of course. Ondina Suarez: Thank you so much. Vice Chairman Winton: And again if there's interpretation going on here I would really, I think everybody would be best served, and I appreciate the history, but we Carmen Valladares: My name is Carmen Valladares. Vice Chairman Winton: Excuse me, would you do this interpretation for me. I want to make sure that the focus at this point is about the status of their home today not the history. We're very, very clear on all the history. What we want to make sure is that we have a complete linkage today with the homeowner, this Commission and the City staff in terms of next steps. So, that's what I want to focus on, not the history. We're clear on the history. (Translated into Spanish by Ondina Suarez.) Carmen Valladares: My name is Carmen Valladares, and I live in 633 Northwest 10th Street. I am grateful about the job that they did, but at the same time I need a, because my job is not complete. I need a handicap bathroom because my rooms are in the second floor and I cannot. I am in a wheelchair as you see, and in the middle of the home there is a small, little bathroom for the visit, but that is too, it's impossible that I get in inside. I because a lot of trouble, and I need one. Vice Chairman Winton: Could I interrupt you? Let's get an answer. I understand the issue very clearly. Can we get what's the issue here it's crystal clear she would need handicap bathroom facilities, so where does that stand as it relates-- is she on the list by the way? Mr. Hepburn: Yeah, we're working with her right now. I think we recently did a roof repair and she's right, she needs the handicap bathroom. From what I understand from taking with staff, there are certain drawings, I guess, we need to get done or completed to be able to add that particular bathroom, and that's what's being done from what I'm told now. Vice Chairman Winton: Are we committed, are we on a path that's going to lead to her getting a handicap bathroom or not? Mr. Hepburn: The answer is yes. Vice Chairman Winton: OK, and so by when do you think she will have a handicap bathroom? Mr. Hepburn: Roughly about 60 days. Vice Chairman Winton: OK, so let's say, we just heard 60, maybe it's going to be 75, maybe it's going to be 90. Not more than 90, that's what you're hearing here, and if you have more problems you know where to reach us. You come back, but it's coming your way in 90 days maximum. Mark it on your calendar, OK? Thank you very much. Yes, sir or yes, ma'am. Sorry. 71 June 27, 2002 Ms. Valladares: Gracias. Ivette Gibbs: Good afternoon Pricilla A. Thompson (City Clerk): Excuse me Commissioner, Mr. Irvin, his transportation is waiting for him as well. Vice Chairman Winton: Yeah and he was actually next so ma'am, I'm sorry. Yes sir. Arthaniel Irvin: My name is Arthaniel Irvin I live at 1545 Northwest 70th Street, Miami, Florida zip code 33147. The contractor that was supposed to have did my house, he hadn't did it properly and the inspector at the time Vice Chairman Winton: Sir, let me interrupt you. I want to find out what the status is. What's this man's address, I mean do you all have his address? Mr. Hepburn: 1545 Northwest 70th Street. Vice Chairman Winton: That's your address sir? Mr. Irvin: Yes, sir. Mr. Hepburn: Arthaniel Irvin. Vice Chairman Winton: What number. Mr. Hepburn: On I'm sorry, number 38. Vice Chairman Winton: OK, so what's the status? Mr. Hepburn: I've met or talked with Mr. Irvin and basically what our conversations have centered around is that he wants to, I think there's about maybe 3 or 4 thousand dollars worth of work, I'm not sure exactly if that's what the number, but there've been discussions between us in terms of perhaps allowing him to have those repairs done by someone else, where we pay him a cash out payment and he executes a sort of waiver to release the City from the balance of the work that needs to be done, but that's the dialogue that's been occurring at this point. Vice Chairman Winton: I don't get it. I mean is that something different than we normally do. What's your message here? Mr. Hepburn: Well, what happened I think back in March when we came before the Commission and we were updating you on the status of the program I think a resolution was adopted, if my memory serves me correctly, that basically said for us to look at those options, that as a solution, I guess, to resolving some of these cases where the owner gets a cash payment, and he signs a certain waiver or release, to release the City from the liability of the work that 72 June 27, 2002 needs to be done there, and that's the route he wants to go. He doesn't want us to bring another contractor out there or anything at this point. Mr. Irvin: Reason why is because the contractor that I had, I refuse him, well at the time they didn't know nothing about Mr. Hepburn didn't know anything of this, and the inspector turned the one that I choose, he turned it down, and got his contractor in which is Mr. Devine. And I had explained it to them and I showed them the contract that I have that I had got from the City. The roof was already done. Commissioner Teele: Sir, what contractor did you ask for? Mr. Irvin: I have, it was a contractor that I had seen and he give it to me went to the City -- Commissioner Teele: Was it on the City approved list? Mr. Irvin: Well, at that time yes, he went to the City and give them the license and everything, but Mr. Roofer turned us down. Commissioner Teele: And who did they give it to? Mr. Irvin: Give it to Mr. Devine. I didn't want Mr. Devine. Commissioner Teele: Who is Mr. Devine? What company is that? Mr. Hepburn: His company is Design Tech Construction, if I'm correct. Commissioner Teele: OK. Vice Chairman Winton: But here's where we are. They're suggesting, it seems to me. Are you all on the same wavelength here? They're suggesting that you want to hire your own contractor, it's only 3 or 4 thousand dollars worth of work. They're saying that they're willing to allow that, it sounds like. Is there a problem with this? Mr. Irvin: No, I don't have a problem with that, because the reason why I was elected to get another contractor for the same thing could happen again and the person that I know is my nephew, which I work with him. Vice Chairman Winton: But if they're willing to work with you do you have a problem. What's the problem? Mr. Irvin: I don't have no problem, the only thing like my floor, you know. Like my floor needs to be done because they didn't do my floor. Which is termite. I have a wooden floor, and my fence and things need to be put up, because guys have drugs they run in my yard and everything. So you know these things that I'm asking. Vice Chairman Winton: Well sounds like more work than 3 or 4 thousand dollars. 73 June 27, 2002 Mr. Hepburn: Yeah, I'm not exactly sure what he's talking about, in terms of the additional work on the floor, but again -- Vice Chairman Winton: I think you all need to get together. Maybe you all can get together during the lunch break and figure this out while you're still here, and they're here so you can come to some sort of agreement. Commissioner Teele: Mr. Chairman, Mr. Hepburn let's be very clear. If we engage in these kinds of procedures, which I have no objection to, and I don't mean to sound like the City Attorney now, but you have to protect the City, too. In other words, by making that payment we're still not released if the work isn't done right, because you know a year later they're going to be down here, so if you all engage in that methodology, which I have no objection, please make sure there's enough retainage kept by the City because there still has to be a certificate of completion. The guy still, the contractor still had to pull a license, a permit, hopefully, and you know our contract even with the gentleman should state very clearly that we're not making 100 percent payment until there is a completion by the inspector. We cannot contract away our responsibility. That is what I'm saying. I have not problems with the principle but there has to be a sufficient retainage to ensure that the work that is being contracted to be done is done. Otherwise, its going to be his nephew or grandson coming down here saying you all took advantage of my grandfather back in 2002, you know I'm talking now 10 years from now and some poor Commissioner is going to be trying to explain. Mr. Irvin: No sir. That will never happen, because I'm a man of my word and my word is my bond. So you know and I'll speak to Mr. Hepburn. We had talked on the phone and we will come to some kind of agreement. So my word is my bond. No problem. Commissioner Teele: I respect that but as one of the old presidents used to say talking to the Russians, trust but verify. We have to have the inspectors to come out and verify the work is done. It's not you, it's the people who you get to do the work. Vice Chairman Winton: OK sir, so you'll meet with them. Mr. Hepburn: Yeah, we'll explain to him that we need to work with the law department on that particular strategy. Vice Chairman Winton: So, you guys work on that. Yes, ma'am. Yvette Gibbs: Good afternoon. I'd like to thank the City of Miami, I'm speaking on behalf of Susie Johnson, my mother's address, 3240 Thomas Avenue. I'm Yvette Gibbs, her daughter. We just got a letter coming to the meeting, we didn't get anything to send in for a survey, but I'd like to have her name put on the roster because when I hear about the liens I want to be ready to run into that also but on behalf of my mother, and all the people that spoke this morning, I was kind of like amazed. I didn't see many from Coconut Grove and our contractor was Pedro Lopez. He started out on her home trying to move fast, but I was a bit faster, and thanks to Commissioner Teele, when he said his father was worrying I'm a worrying daughter, because 74 June 27, 2002 I'm raising a family, too, and I couldn't do anything to help my mom and I didn't want nothing to go wrong, so I really bombarded Mr. Lopez. I thank him this morning. I don't see him here and everyone from Coconut Grove had a different contractor. I would like to even recommend him to the City, because I stayed behind him even allowed me go and pick my mother refrigerator and stove out, because like I said, he doesn't have to live here, she does, and I don't want him to put something here that she couldn't use. Vice Chairman Winton: So he's doing a good job? And he's working now? Ms. Gibbs: He's done. Vice Chairman Winton: Oh, we're done. Ms. Gibbs: He's done with our job, and I have a few, the bathroom fixtures were less expensive than what she had, security bars are lighter and he didn't put the gutters. Vice Chairman Winton: Why don't you, you ought to just talk to CD while you're here about that so they can do the final check and make sure that everything is the way it was supposed to be, what it was contracted to be, and work though those details with them and if you have any problems in the future just call my office. Ms. Gibbs: OK, thank you. Vice Chairman Winton: Thank you very much. Yes, ma'am. Ma'am? You're at the podium. Christine Ferguson: Hello, yes my name is Christine Ferguson and I am here today to deal with the housing project -- Vice Chairman Winton: What is your address? Christine Ferguson: My address is 90 Northeast 76 Street, Miami. Vice Chairman Winton: OK, hold on one second. You got that address? What's the status of her property? Mr. Hepburn: She's number 23. Vice Chairman Winton: And? Mr. Hepburn: Work is currently underway on her house. Vice Chairman Winton: OK, so we're working on your house right now ma'am? Ms. Ferguson: Yes, and this is what I come by today to say. I am satisfied. They are finished with it completely. They have been completed my house. 75 June 27, 2002 Vice Chairman Winton: And you're satisfied or you're dissatisfied? Ms. Ferguson: I'm satisfied with the work and everything that they've done to my house. Vice Chairman Winton: Good. Ms. Ferguson: And I would like to thank them very much. Vice Chairman Winton: Thank you and thank you for coming. Ms. Ferguson: And also the City of Miami housing department and Mr. Arthur Teele. Vice Chairman Winton: Thank you very much for coming ma'am. Yes, sir. Commissioner Teele: Thank you very much. Sandy Riettie: Yes, my name is Sandy Riettie, I'm here on behalf of my mother, Vivian Riettie who resides at 1328 Northwest 38th Street. It's some things in the home that still hasn't been completed. Vice Chairman Winton: OK, so let's get them up here right now. What's your address again? Mr. Riettie: 1328 Nothwest 38 Street. Vice Chairman Winton: Not on the list? Commissioner Teele: Is that my district or your district? Vice Chairman Winton: It's in that range, it's 38, no, it's yours. Mr. Riettie: No, this is a first complaint, because my mom, she is really not, I'm up here I'm complaining for her. Vice Chairman Winton: So, she's not on our list at all? So this is a new one? OK, sir. Commissioner Gonzalez: Sir, what is your address again? Mr. Riettie: 1328 Northwest 38th Street. Vice Chairman Winton: Arthur that's in your district. Commissioner Gonzalez: That's in my district. Commissioner Teele: I think that's in my district. See, our districts are right together. 76 June 27, 2002 Vice Chairman Winton: Anyhow, her house isn't even on the list. So, I'd like you also to meet with them now if you would. Work out those details and if you're not satisfied with the response you get, please feel free to call. He's your district Commissioner you call any of us we're all locked arms in this. Commissioner Teele: Before you leave, I'd like to know two things. How did you know about the meeting, one, and just generally, what is the problem with your mother's house? Mr. Riettie: Well, my mom, she had got a letter in the mail she showed it to me. I read it and I said well, I need to get down there, because -- Commissioner Teele: OK, so you got it in the mail and what's the basic problem? Mr. Riettie: Well, it was like the baseboards and the rooms. The rooms were never painted. The floor, the wooden floor was just rotten. They put new rugs over the floor. The floors need to be replaced. A whole lot of things. They replaced these fire escape windows. They never replaced the security screens that I put there myself they never replaced them because I say anybody want to break in the house all they have to do is break the glass, pull the latch up, and they're in the house. Commissioner Teele: I just wanted to make sure that there was enough on the record, so that we know how to document that. Mr. Riettie: It's a few other things and I just want to address Rafael Rodriguez, I believe was the inspector, and he's been demoted from what I read in the papers, and that's why I said God doesn't like ugly, because this guy never tried to work with me because he was running away from me because he know I saw all the problems. What he was doing is he wasn't checking and inspecting the house properly and these guys weren't doing the job they should have been doing. So, he avoided me as much as he could and now he's been demoted, so I just wanted to let everybody know about that if they had this guy he was just horrible so. Thank you for letting me speak. Vice Chairman Winton: Thank you, my pleasure. Thanks for coming down. Commissioner Gonzalez: Mr. Hepburn? I would appreciate, whenever you get the complete report on this property to please email me a copy of it. Vice Chairman Winton: Yes, ma'am. Willie Mae Brown: My name is Willie Mae Brown and I live 1730 Northwest 57th Street, Miami. Vice Chairman Winton: And hold on one second. What's the status of this lady's house? 1730 Northwest 57th Street? Also not on the list? Mr. Hepburn: No, it's on the list it's number 13. Based on the information I have, its work is in progress and she can verify that 77 June 27, 2002 Commissioner Teele: Who is Sunshine Investment? Who are they? Ms. Brown: Yes, Sunshine. Commissioner Teele: I mean all this work is one Mr. Hepburn: There were two companies I think were problem companies. Commissioner Teele: Is it a construction company? Mr. Hepburn: To my knowledge, yes. A contracting company. Vice Chairman Winton: So, ma'am, are you still having problems with the quality of your work? Ms. Brown: Yes, but it's being taken care of now. I'm not going to consume your time because everything that was said refers to me too. Vice Chairman Winton: But we're responding now is that right? Very good. Ms. Brown: Yes, you are responding. Commissioner Teele: Ms. Brown, before you leave though, how long was the contractor in your house? Vice Chairman Winton: The first one, you mean? Commissioner Teele: Yeah, the one that Ms. Brown: The first one? Oh they were, I'll say almost a year in and out. Commissioner Teele: About a year. How long ago was this? Ms. Brown: It's been about a year. Commissioner Teele: I'm very sorry about what happened. I'm very sorry. Ms. Brown: I received a survey (unintelligible) I filled it out and sent it to you. Vice Chairman Winton: And thank you very much for coming down and you know where we are so, if anything else goes haywire, you call us. Ms. Brown: Thank you, and I must say, this program, please keep it up. Vice Chairman Winton: We will it's a very important program. 78 June 27, 2002 Ms. Brown: It is a godsend for people like myself and others and we thank you. Vice Chairman Winton: Thank you ma'am. Commissioner Teele: Thank you so much, Ms. Brown. Jeana Johnson: Good afternoon, my name is Jeana Johnson, I'm speaking for my mother, Virginia Johnson. We stay at 5641 North Miami Avenue. Just recently we had Walter Hill come to our house and had his own little list of things that he's going to do. The thing is, my mom, she has her own little problems with the things that's in the house and he told us, if we ask for too much things they're going to stop fixing our house. Just stop the work and she wants to know if she's, the thing is, we had the little shutter things that go over our house and bars on our windows. They took both off and didn't put it back on. They told us they're just not going to put it on. And the shutters that's for the hurricane, we have those but we don't have the screws that's suppose to be with the shutters so I'm like, if she wants certain things done to our house, can he sit there and tell us that those things will not be done, because we're asking for too much? Vice Chairman Winton: Let's hear the answer to this. I want to hear the answer to that question. Commissioner Teele: This is the very scenario that I was warning you about. See now, and while they're thinking about this, the inspection was completed in November of last year. So, the staff of this process has been from November of last year to now. According to this, the inspection was completed in November the 9th 2001. And what you got here and I can tell you what the problem is. Vice Chairman Winton: What number is this? Commissioner Teele: This is number 46, I believe. Is your mother Ms. Virginia Johnson? Ms. Johnson: Yes. Commissioner Teele: What you got here is one that goes beyond the threshold of the dollar amount, so now its in cyber space, if I'm correct. This is going round and round and everybody's trying to figure out how to handle it. Vice Chairman Winton: But there should be an answer. I mean, if it goes above the threshold, there's an answer. So, what's the answer? Commissioner Teele: And I may be wrong, but correct me, director. Mr. Hepburn: I'm not aware of this particular issue and I'd like to sit down with her and her mother, but basically I don't think the dollars are going to be an issue. Whatever its going to cost to resolve this problem they have I think we're committed to doing so I need to get involved with this one and not aware of their particular issue and I'll try to do that next week. 79 June 27, 2002 Vice Chairman Winton: So good thing you came. Commissioner Teele: But Jeff, Mr. Chairman, that's not fair, I mean, Jeff this has gone on since November. The inspection was completed in November, according to your own records. Mr. Hepburn: Commissioner that's right. We've been working with over 90 cases. Vice Chairman Winton: No, I don't think that's going to fly very well. Commissioner Teele: I want to know something about this one before we leave here today. I want to a report on this evening. I want you all to come back, because I don't see how something could be in between from November to now. That's just not acceptable. If we know what the problem is. If we got an inspection that says general and miscellaneous, and door adjustment, termites extermination, repair of cabinets, storm shutters, crawl space, bathroom tiles, rewire to code, weatherproof receptive, drainage problems. You know, I'm telling you Jeff, this is a big deal. Ain't much left on the house, at least the way it's written up. And just to say you're going to get into it and this was completed in November, I mean somebody had a Thanksgiving, somebody had a Christmas, somebody had a New Years Day, a Martin Luther King holiday, a President's Day, you know, do I need to go on? You know I mean, so let's be fair. Can we hear back on this one this afternoon? Mr. Hepburn: Yes. Vice Chairman Winton: But, but and I hate to drill the same tooth here, but I guess I wasn't looking at this detail. Why haven't we started? Mr. Hepburn: I think the initial problem earlier was that yes, H. J. Ross came in and they did their assessment. The strategy at that point, once we got those reports was to have another company, one company, Indigo services then go in and do the repairs. That did not work out and then we had to come up with another strategy, which is to get a pool of contractors that could come in and basically begin to expedite these repairs and somehow she got, where she got ranked on the list, I don't know where we missed the ball at that point. Vice Chairman Winton: OK, but you're admitting that we dropped the ball here on this one and so we're going to fix it not though. Mr. Hepburn: Yeah, that's what basically I'm saying. Vice Chairman Winton: Thank you. Yes, ma'am. Lillian Wimberly: Yes, my name is Lillian Wimberly and I live at 1275 Northwest 12th Avenue, Miami. Vice Chairman Winton: Northwest 12th Avenue? OK. What's the status of her house? 1275 Northwest 12th Avenue. 80 June 27, 2002 Commissioner Teele: What's you last name? Ms. Wimberly: Wimberly. Yes Lillian Wimberly. Mr. Fernandes: That particular job is complete. Vice Chairman Winton: OK, come to the microphone. So, OK, ma'am. They're saying that the job is complete. What are you saying? Ms. Wimberly: Well, I say it's more complete now than it was before. It's been a long time. I've been through some rough times with it, but just the other day they did the water, the plumbing, which I've had cut off for so long until it was all rusted inside. And plus the lattice scroll. They didn't have to do the jobs but they did more or less. As I was going to say I'm very thankful for the work that was done. Everybody around me, most of the homes around me even tried to take up and fix up their homes even if they wasn't qualified for the job after my home was done and I had so many compliments. It's really nice and I'm enjoying the house so much even with the strike. My ceiling fell in I thought I had to call the media before I could get that fixed. They take so long to even come in to do things for you. They broke the ceiling as they was doing the work and they just let a big piece of rock almost fell to hit my granddaughter. Vice Chairman Winton: Are you talking about before or now? Ms. Wimberly: Before. We're finished with that. Vice Chairman Winton: OK. Well, but I heard you say that you don't think it's really finished. It's finished, but it's not really finished. Ms. Wimberly: What really happened is the contractor told me that OK -- Vice Chairman Winton: Your most recent contractor told you? Ms. Wimberly: The only contractor, Fine Heart Corporation, that's the one that I used, and we had quite a bit of problems, he and I. Commissioner Teele: Is the work completed to your satisfaction? Ms. Wimberly: Well, to my satisfaction most of it is completed, but -- Commissioner Teele: What's not completed? Ms. Wimberly: He told me he would let us, if you keep the bathroom tile you can use the money to do other things in your house. OK, the lattice scroll around the house they never did change that, they just patched it up. Commissioner Teele: What? 81 June 27, 2002 Ms. Wimberly: The lattice scroll around the house to keep cats and things from underneath the house. Commissioner Teele: OK, that's one thing. What's the other thing? Ms. Wimberey: That's one thing. OK, the window, one of the windows is broken but they said it wasn't on the order form, so he said they couldn't fix that. Vice Chairman Winton: It seems to me that they need to go back. Ms. Wimberly: It's little things, but -- Vice Chairman Winton: We're going to have somebody go back to your house. I want them to meet with you again. And we'll get an updated, a new report on that. Commissioner Teele: What number is this? Ms. Wimberly: Thank you. Mr. Fernandes: She's not on the list, Commissioner. Commissioner Teele: But, wait a minute, how could it not be on the list? I thought we asked for all of them. Mr. Fernandes: The list that you have here is the people that had problems. This one here, it was our understanding that everything was complete and it was satisfactory, but we're hearing otherwise today so we're going to get back again with that owner. Vice Chairman Winton: OK, yes, sir. Frank Slappy: I'd like to say good afternoon to the Commissioners, the Manager and the Attorney. My name is Frank Slappy. I live at 84 Northeast 49th Street. Commissioner Teele: Number 74. Vice Chairman Winton: OK, what status? Work in progress. Mr. Hepburn: Basically, yes work is underway right now. Mr. Slappy had Design Tech, and basically we had to talk with him about making a switch in contractor, and that's basically what he's done at this point. The only thing that's been done on his house at this point, far as I recall, is that the roof was recently put on, completed. Just recently completed but it's moving forward. He had a bad contractor, too many jobs, too small to do the volume work based on the cases he got and I think we convinced him to switch contractors. Vice Chairman Winton: And, sir, are you satisfied or dissatisfied with the most recent work to date? 82 June 27, 2002 Mr. Slappy: Well, the most recent work to date is that the roof has been completed. The only thing is that the roofers said that we shouldn't walk on the roof, and as I told the roofer at the end of the job, I'm to have the house tented for termites. How are they going to put a tent on the roof for termites if they can't walk on the roof? Because my inspector Mr. Elroy Cherry went up on the roof to look and he broke a few tiles by stepping on it. So, I don't know whether it's the quality or what, but if that tent is going to be put on the roof it's going to mean more tile probably would be broken. It has to be done. But now, what I would also like to say, I would like to thank the Commissioners for this program and I would like to thank Mr. Hepburn, Mr. Mario Perez and Mr. Elroy Cherry, because they normally return phone calls and so forth when you call them. I think what is one of the big problems is that contractors take these jobs, they have a 90 day period to finish them and City will allow them two, three years. My program has been going on over two years. And what they do not hold them accountable by making them pay for all the overtime that they spend or the time that they pay us in doing the job. That creates the problem. Vice Chairman Winton: And that's clear that we have to cure that, that's right. It's nuts. Mr. Slappy: So, that creates the problem, so they feel like they just can do the way they want to do, and that's the big problem there. Vice Chairman Winton: Right. Mr. Slappy: Like I said, the walking on the roof and things like that I haven't gotten with the other contractor as of yet, but I must say that as I said Mr. Hepburn, Mr. Perez and Mr. Cherry always return my calls. Vice Chairman Winton: Well, it's curious to me that he has a new roof. This a new roof or a patched roof? Mr. Slappy: Anew roof. Vice Chairman Winton: New roof. I don't understand this baloney of new roof and you can't walk on it and if you walk on it just a little bit and something breaks. I mean what's up with that? So you all need to, you don't -- Hector Lima: Hector Lima, the tiles have to be glued on, as per code, so we'll check that out. Vice Chairman Winton: Obviously, something's wrong here, so this is a work in progress that's got more progress than work, so you all need to get back and revisit that whole roof issue for him. Thank you, sir. Commissioner Teele: Mr. Manager, I want you to take note that Mr. Slappy was very complimentary to Mr. Hepburn and some of your staff. Sort of reminds me of the old story of a lions 50 Christians eaten. 83 June 27, 2002 Vice Chairman Winton: You mean the Christians got one? Commissioner Teele: The Christians got one. So Vice Chairman Winton: This one didn't kill the lions. Yes, ma'am. Rosetta Edmonson: My name is Rosetta Edmonson and I live at 1237 Northwest 51 Terrace. Vice Chairman Winton: 1237 Northwest what? Ms. Edmonson: Five one Terrace. Vice Chairman Winton: Five one Terrace. Status? Mr. Fernandes: Work is in progress at this time. Ms. Edmonson: Yes, but there are more. The things they are doing now is repairing but -- Vice Chairman Winton: What number is this? Mr. Fernandes: Number 19. Vice Chairman Winton: OK, go ahead ma'am. Ms. Edmonson: When my first house was first worked on, the workers, they put a floor down on termite floors and I still have, they put carpet down on termite floors and I still have that. I didn't get no new closet doors. I have to still take my finger and open my closet doors. Vice Chairman Winton: Yeah, but they're not finished with your work, yet, so -- Ms. Edmonson: No, no this is not what they're doing now. Vice Chairman Winton: Oh, that's not even on the list? Ms. Edmonson: No. The only thing they are doing now is the sheet linoleum they put down, they put the floors down wrong, and the linoleum's cracking through it and they're there now doing that. And they doing a little painting and -- Vice Chairman Winton: You all need to go back out and do a complete new inspection. Ms. Edmonson: And also my shutters. I had shutters when they started on my house and I asked them, I said if you are not allowed to give me shutters then don't destroy the one you have. They destroyed those gave me some they are not shutters. They gave me some that you can put on a (UNINTELLIGIBLE) and told me if the wind blow or have a hurricane or whatever, I get up on a ladder and I take it down, when they finish I put it back up. 84 June 27, 2002 Vice Chairman Winton: So, the instructions here is for staff to go back. They're going to kind of start over with the inspection on your house and they'll give us a new report. Ms. Edmonson: OK, but the work that they are doing now is good. Vice Chairman Winton: Got it. Thank you very much, ma'am. Yes, sir. Give him the portable mike. Roger Snell: Good afternoon, my name is Roger Snell. I'm at 920 Northwest 10th Avenue. I'll let you check the status on that. And Mr. Hepburn, as well, has helped. I'll let Mr. Hepburn make a couple comments. Mr. Hepburn: This is number 77. Vice Chairman Winton: Where do we stand on this? Mr. Snell: I've had three years. I've been involved in the program three years. I have a situation now where the work being done is substandard. And I cannot get the inspectors for the program to respond. I feel like the program is working for the benefit of the contractor, rather than for me as a homeowner, and currently the house is a wreck, and it's being ruined rather than improved. Mr. Hepburn: Well, I will come out to your house on tomorrow and basically assess that myself. Mr. Snell: We had a meeting some time ago. Mr. Hepburn: Yeah, I know we've had a couple of meetings and I haven't been out there in the last, I guess, month and a half or so, but basically what I'm saying to you I will come out with staff on tomorrow to basically determine what's happening there and get the contractor back on the job. Mr. Snell: All that has happened in the interim, since our meeting when there were two items that came from that meeting. I think 5 of you were out there involved in the meeting. One was I should have an accurate set of plans, the other, I should have a competent contractor, and neither came to pass, and people are still referring to inaccurate plans and relying on those plans to do substandard or inappropriate work. Same contractor that was incompetent at that point is demonstrating more incompetence. Vice Chairman Winton: This may be, this is the second time and I wasn't paying that careful attention, so I don't know somewhere in the last three or four people that came up had the same contractor complaining about current work, so, maybe it's just a coincidence but two out of the last 3 or 4. You guys need to look at the contractor here. Maybe there's some issue here. They're going to get to your house. You just keep us, if there's another problem just call any of our offices and we'll get involved. They'll give us an update here within another couple of days in terms of exactly what they're going to do. 85 June 27, 2002 Mr. Snell: I receive endless visits. Mr. Perez was out. Vice Chairman Winton: What would you like us to do then? Mr. Snell: I would like the job to be completed. Vice Chairman Winton: So, would we, but how would you like us to do that? Mr. Snell: This is a very complex issue. Vice Chairman Winton: I can only solve it one way. I know the answer. I can have them go out, start your process over again, have them report to me, have you call us if it isn't working right, but I can't do anything else. I can't wave a wand and suddenly it becomes great. Mr. Snell: I'm not asking for that. Vice Chairman Winton: Then tell me what you want me to do that's different than I'm suggesting. Mr. Snell: That would be fine. If it's a repetition of past visits that have gone nowhere -- Vice Chairman Winton: You're going to call my office if it's another repetition and I'm going to get more deeply involved, because we're not going to be happy if we have the same thing repeat itself again, since you already been here. So, what we're saying is that we're actively involved, we're paying attention and we're going to kick somebody's rear end if we have another repeat of what you have already had a repeat of. Mr. Snell: I'd like to see that. Commissioner Teele: Mr. Chairman, Roger, again, I apologize also to you, as I have to my other constituents about what's happening. I'm scheduled to be out of town starting tomorrow. Jeff, I'd like to try to schedule this meeting for Monday, the 1st of July, and would you coordinate with me so I can go by Roger's house, I mean, you know, again we have the same situation. The inspection was done in December of 2001, completed, and he's testified that five people came out and I guess he's a little bit frustrated, like we all are, but obviously when a person has the kinds of restraint constraints we owe more. We owe more, just a little bit more than normal, and so, I'd like to be there with him and you're over in Mr. Snell: We're about a hundred yards away. Commissioner Teele: From my house? Mr. Snell: You could take a walk and I've had two scheduled meetings with your office that haven't come to pass. Let's not make this straight three, OK? Commissioner Teele: Well, I've tried very hard to stay out of this issue - 86 June 27, 2002 Mr. Snell: You've done a good job. Commissioner Teele: --because it is a matter of a criminal investigation. I was asked by staff not to get involved in it directly. I have said repeatedly that I turned all of the records that were done over at the request of the government to the prosecutors, and you know, there's a way that once an elected official gets involved, you're involved. I mean, once we held this public hearing we're involved, and so, I'm prepared to weigh in on individual cases, Jeff, with through the Manager's office. Because again, I really believe that people that should have certain considerations, and I think that the Chairman is exactly right. I mean, we're all frustrated; we're all trying to do the right thing. We all rely upon staff. Vice Chairman Winton: OK. So, we got a plan in place and Jeff you can call any of our offices. Plan doesn't work this time, there's new people going to be standing at the front of the line here talking about it. Mr. Snell: So my next meeting is going to be with Mr. Hepburn and Mr. Teele? Vice Chairman Winton: That's correct, and whoever else they want to bring. Thank you. Yes, ma'am. Lillian Jackson: Yes, my name is Lillian Jackson. I live at 905 Northwest 4e Street, and I have a problem, but what happened a contractor came to my house and said that he was to do some work, because the City of Miami had hired him, so, he came to my house and telling me what I hadn't what the other contractor had not did, and that you all sent him to do it, so my husband got very upset about it, so he didn't want nobody else to come to my house and Mr. Hepburn, which I spoke to him, I talked to him about it, and I told him that my husband has cancelled it, but what happened Mr. Hepburn did not get in touch with me before these other peoples came out to my house and therefore my husband was hesitant to let anybody else begin work on that house, until he had spoke to for me to call the City of Miami to speak to someone concerning the contractor, so, I did call and they gave me Mr. Hepburn, so he told me that he was sorry that he hadn't got in touch with me to let me know that someone else was coming out there to check on the house, so, like I said, this is my problem, I do need other things did, but my husband refuse to let anybody else work on the house -- Vice Chairman Winton: But now you have Mr. Hepburn you're in contact with him, so, is it moving forward? Ms. Jackson: No, I haven't anything to do in that house. Vice Chairman Winton: OK, what's the status? Mr. Hepburn: I think initially there was a communication problem a coordination problem as far as staff, in terms of setting up an appointment with her and the contractors to come out there. I think basically what happened was the contractor went out there without staff so -- 87 June 27, 2002 Vice Chairman Winton: We understand that so what's happening now? Mr. Hepburn: She and I have had a conversation basically, last conversation I had was that she didn't want any, she didn't think she had any issue and that she didn't want any work done. Now, I hear, what I'm hearing now that I'm going out there and basically sit with her and see what those issues are. Ms. Jackson: Yes, that's what I would like for somebody from the City of Miami to come out there. Don't send a contractor to my house that I have never seen or don't know where they from. Vice Chairman Winton: Ma'am, who's going to her house? Mr. Hepburn: I'll go. I'll go with staff. I'll be going. Vice Chairman Winton: There you go. He's going to make an appointment to see you personally. OK? Ms. Jackson: Thank you all for everything that you all done. Vice Chairman Winton: You're welcome. Thank you, ma'am. Anyone else? Yes, ma'am. Dorothy Woon: Good morning. My name is Dorothy Woon of 5966 Northeast 4th Court. I'm going to say this program is a very good one and I hope it continues. Thanks for it and for the privilege. Also, to Mr. Hepburn and to Mr. Mario, when you call them they return your call and they're always helping, but we still have some delay. You know they can't control everything. My problem at this point and time is the plumbing. Vice Chairman Winton: OK, hold on. Status of her property? Commissioner Teele: Is that 94? Mr. Hepburn: 94, yes. At this point, I know that work may have stopped, because I think, work has not been completed, that's the bottom line. This case has not been closed out by us. She's had some issues, from what I understand, with the current contractor, whose Dozier and Dozier. I've tried to talk to her -- Vice Chairman Winton: That's the fourth or the third now. That name, boon and boon and boon. This is the third time now in just the last few rounds that same contractor. Mr. Hepburn: Well, he's not, we're just trying to, I think there's I don't know how much work is left. I'll have to talk to staff about that, but the last thing that I recall, there were some issues with extermination. The plumbing thing, I'm hearing for the first time today. Vice Chairman Winton: No, you're not. You said 94? 88 June 27, 2002 Mr. Hepburn: She's number 94. Vice Chairman Winton: No, it says plumbing, or pressure relief valve. Mr. Hepburn: Well, what happened with it, consultants went out to assess her house I think work was ongoing or work was underway by the contractor at that time, and part of the report reflects that, I think, but based on what I understood -- Vice Chairman Winton: Whatever that means. Mr. Hepburn: --the status was that there were issues about getting the fumigation done and the scheduling of that between her and the contractor. That's the last thing I'm aware of and I've tried talking to her. She works for the County Building Department and there's difficulty sometimes with me catching up with her, so -- Vice Chairman Winton: But you're going to catch up with her now and you're going to solve this problem. Ms. Woon: And I would like to say, working with the County Building Department helped me, because when my electrical work isn't done or with the code enforcement, I will ask my officers, my electrical inspector about details about this and that, the plumbing, and so on, and that is what really helped me so far. I have other minor problems, or which could be major, but I'm sort of working with them going backward and forward. So, I have a few things there to be corrected and the plumbing though I would like that to be number one, the bathroom and the kitchen, and the floor and some other areas. Vice Chairman Winton: I don't know the details of that, so I'm not promising anything about, that because I don't know what the scope of work was. What our commitment is to make sure that there's a dialogue. I don't know if the money is right I don't know any of those things. So, I'm not sitting here saying your going to get a new bathroom or a new kitchen. I'm just saying that they're going to have a dialogue with you where there's at least a mutual understanding what the next steps are. Thank you. Yes, sir. Leon McCartney: My name is Leon McCartney I live at 820 Northwest 64th Street, Miami, and I was here twice, I guess I'm the only person that got hit twice with these unscrupulous contractors. Vice Chairman Winton: You got two bad contractors, you said? Mr. McCartney: Twice. I applied for the program twice, and I qualified twice, and fortunately, I got a clean up crew now that came in and they're doing a pretty good job and I'd like to thank the City of Miami. This is the second time I have to thank Commissioner Teele. He did some work for the little center on Northwest 50th Street, which I became a part of. Vice Chairman Winton: And what's the status of your property now? 89 June 27, 2002 Mr. McCartney: Now, like the clean up crew is in they sent me a new contractor and a new inspector and they are doing the work. Redoing the work and its coming along pretty good. Vice Chairman Winton: And you're satisfied right now? Mr. McCartney: Right now, I am, so far. Vice Chairman Winton: So, you know where we are and you know if things go haywire, you know how to get a hold of us. Mr. McCartney: I know how to contact you. Vice Chairman Winton: Thank you sir, for coming. Yes, ma'am. Opilia Thelrsma: I'm not speaking good, my name Opilia Thelrsma, I live in 139 Northeast 69th Street. Vice Chairman Winton: OK, hold on. One moment ma'am. What's the status on her property? Commissioner Teele: What number is this? Vice Chairman Winton: I don't know yet. What do you need? Do you need her name again or address? 82? 82, Commissioner Teele. OK, what's the status of her house? Mr. Hepburn: Her work was, her project was closed out or completed, but I think perhaps today she's here because she may have additional issues that we're not aware of. Vice Chairman Winton: OK, ma'am. Ms. Thelrsma: Yes, they finish they didn't complete, because plumbing no good. (unintelligible) kitchen job everyday (unintelligible). Two things (unintelligible) bathroom plumbing no good. This broke (unintelligible) sink. Closet -- Vice Chairman Winton: Excuse me ma'am. You're going to go back when and do another inspection? Tell her and us. Mr. Hepburn: We're going to go see her next week. We're going to do as many as we can tomorrow, and basically begin to set up appointments but I'm saying to you that we will get to her next week. The assessment will occur next week. Vice Chairman Winton: Ma'am they will come back to your house and visit you and talk about all of these issues. OK? Thank you very much for coming. Yes, sir, Leroy. Leroy Jones: Hello, Leroy Jones, 180 Northwest 62nd Street. Vice Chairman Winton: No speeches. 90 June 27, 2002 Mr. Jones: No speech. I think Commissioner Teele made a real valid point earlier today when this first took place of maybe using a CDC to assist in this process and I think that's an excellent idea, but I also think that we need to use not only one CDC, but a Haitian -American CDC, an African-American and a Hispanic CDC, because of the language barrier and my request to the Commission is that maybe each Commissioner might want to set aside some pilot project funding, because each district has some pilot project funding, and maybe set aside $20,000 a piece, so that these CDC's would be the mediator because what I hear I see a lot of, I hear some misunderstandings, because I experienced it, I'm going to tell you how I experienced, it real short. Commissioner Teele: No, no no hold on. We got to hear from these people. These folks they just been here -- Mr. Jones: Oh, I thought they spoke. Commissioner, I'm not trying to jump. Commissioner Teele: Let's let the people. Sir, you all go head and take the mike right here and don't go anywhere, Leo. Commissioner Teele: I didn't know they wanted to speak, so I spoke up then, OK, I'm sorry. Commissioner Teele: No, no we'll hear from you but. Go head, sir, state your name and address for the record sir. Leroy Grant: My name is Leroy Grant, 820 Northwest 50 Street. Vice Chairman Winton: 820 Northwest 50 Street. Mr. Grant: We had a big construction the first time and they didn't do a satisfactory job and we got another contractor and he's doing a wonderful job. Vice Chairman Winton: He is doing a wonderful job, you said? Very good. Commissioner Teele: And you also said that Mr. Hepburn and the staff were very helpful in addressing the problem. I think you -- Mr. Grant: Right, so far, we were satisfied with the contractor we had the first time, but he let us down. He didn't do a good job in the end and we got another contractor and he's doing a wonderful job, and I want to thank the City for putting us in the program, because we had a house built in '65, and the termites they take control, and it would have cost us a sizable amount of money to have it redecorated and we get in the City program and we was quite satisfied and they did a good job up to the finishing part of the job. They didn't finish, the contractor didn't finish the job and they walked away, so we got another contractor. Vice Chairman Winton: And are you satisfied now? 91 June 27, 2002 Mr. Grant: I'm quite satisfied. Vice Chairman Winton: Very good. Mr. Grant: I want to thank the City for this program. You'll be surprised to know or to see some of these houses, what these people are living in and they didn't even know about the contract. And what the City is doing it's a wonderful job and I want to say thanks to Mr. Teele, and the rest of the Commission because this program is badly needed. People, I heard a lady say, that she didn't she have to go to work she didn't, have the means to fix her house and she got kids to take care of. This job from the City is a wonderful help. It's a godsend. Vice Chairman Winton: Thank you very much sir, appreciate you coming. Anyone else want to talk about their house? Ondina Suarez: Yes, there is one more lady here she's just filling out the the paper, the information sheet. Vice Chairman Winton: Well, can we get her please? She can. Thank you. Yes ma'am? Have her speak on the microphone, please. Juliana Reyes: (Speaking in Spanish and translated by Ondina Suarez) Good afternoon, my name is Juliana Reyes. I live on 5129 Northwest 5th Avenue. Vice Chairman Winton: Hold on so let's find out. What's the status of this house? Mr. Hepburn: It's completed. Vice Chairman Winton: OK. So you need to say that in Spanish so that she knows that you just said it's completed. Ms. Reyes (translated by O. Suarez): Well, sort of. First, I came here because I wanted to say thank you to Mr. Teele, also. If it hadn't been for you, it wouldn't have gotten finished. They would not have finished still because they took about a year and two months. Vice Chairman Winton: You're allowed to smile when they give you a compliment. Ms. Reyes (translated by O. Suarez): I just wanted to say, thank you very much. I'm pretty well satisfied. I hope no other little things come up. Vice Chairman Winton: Me too, thank you very much for coming, ma'am. Ms. Reyes: And thank you to Mario too. Vice Chairman Winton: Yes, ma'am. Joyce Goodman: My name is Joyce Goodman and my address is 934 Northwest 4e Street. 92 June 27, 2002 Vice Chairman Winton: 934 N.W. 46 Street, OK, and what's the status of her house? Ms. Goodman: I have went through so much with this house. Vice Chairman Winton: Hold on ma'am, what's the status? Mr. Hepburn: Ms. Goodman was added to the case list probably about three weeks ago. I personally went out, met with her last week or the beginning of the week, I guess, but we've gone out and basically done an additional work or new work write up, which we're putting out for proposals from general contractors, so, we're beginning to work with her. Commissioner Teele: Is she number 29? Mr. Hepburn: Yes she's 29. Her job had been completed, maybe a year or two ago, and again there were some issues and -- Ms. Goodman: Sunshine. Mr. Hepburn: Same bad contractor, yes, so we're working with her right now. Ms. Goodman: And I was displeased about something that I know all mothers would not do. She had me sleep in the car for three months. Vice Chairman Winton: Who did? The contractor? Ms. Goodman: The contractor. She didn't put me up, because they had to do my floors and I talked to all the contractors and nobody would get me a place to stay. Vice Chairman Winton: That's ridiculous. Ms. Goodman: I started bathing in my tub. They took the tub away. I start going to the bathroom, they took the bathroom away, so I had to go buy me two little pots; one to wash and one to go to the bathroom. Then they tore my kitchen up. Commissioner Teele: Ms. Goodman? Did I come to your house? Ms. Goodman: Yes, you did. Commissioner Teele: See this is the first house and this is when I came, Jeff, to your office. This is two years ago. I went to see some computer program, a program that was operating at the park. What was the guy's name that lives three doors down from you, big tall guy? But I came to your house, I had gone to see a computer program and the situation you were living in, you could see the whole sun and the moon and all of that, the floors, no bathroom. You remember, Jeff? And you all said it's going to get taken care of. 93 June 27, 2002 Ms. Goodman: Yes, and I went through all that. I kept saying for 3 months I slept in my car. Commissioner Teele: You weren't sleeping in your then, but I believe you. Ms. Goodman: No, not at that time, because I think they had just started doing, but I slept in my car and I called Howard and I never got an answer from him. I called HUD, I called everybody I could think, Tallahassee I called. I couldn't get no response. I even called, I even had my contract sent to some lawyers. They couldn't do anything because it was a grant, and I know nobody here would like their momma to sleep in a car like I had to do, and go to the bathroom, and bath in a pan to stay there, and I don't think that was fair, and she did not fix my house right. Vice Chairman Winton: Fair? No, it was inexcusable, so it was worse than not fair. Absolutely pathetic. Ms. Goodman: And the things that they took from my house, it can't be replaced. I mean they took so many things from my house, and the things they did, it was Vice Chairman Winton: Does that contractor do business with the City any longer? Mr. Hepburn: Not anymore. Vice Chairman Winton: Thank you. Ms. Goodman: So, I haven't gotten over that yet. Now, they're coming back to tear my house up again, because the same thing they did before, they're got to do it again. Vice Chairman Winton: Well, unfortunately that's Ms. Goodman: So, I'm going to have to be out on the Street again. Vice Chairman Winton: I don't think so. You're not going to be on the streets, so. You've been sitting here listening. Ms. Goodman: But you know I'm on disability, I'm an asthmatic, for me to be in that car, that wasn't right. Vice Chairman Winton: Well, we're agreeing with that and it's not going to happen again, so you know all of our numbers now. These guys are going to take care of the problem and if you have any problems, you can call us. Ms. Goodman: So, her problem was, she told me, excuse my expression, "You've got champagne taste and no damn money." Vice Chairman Winton: Who said that? The contractor? Ms. Goodman: Yes, she did. 94 June 27, 2002 Vice Chairman Winton: She's gone, so. Ms. Goodman: Well, that's the way she felt about me. Vice Chairman Winton: That's the way she felt about everyone, it's clear. She did a very bad job for everyone. I've heard that name, over, and over, and over again, and so, the only thing we can do is the same thing that Commissioner Teele did, and that's to apologize profusely for us allowing something like that to happen. You know most of us didn't know about it, but we do know about it now and there's a commitment to solve the problem, and you know, if the problem pops up again there'll be some new people working in the City of Miami. Ms. Goodman: They put a tent on my house, but she didn't put anything in it. My floor is rotten from the time she put the, I have wooden floors, since they fixed it, it done rotten through where she had put it in. Vice Chairman Winton: Ma'am, we got new people that are coming to your house. If you have a problem, call us back again, right away, don't wait. Call us as soon as it occurs. Call my office. I don't care whose office, call mine. I'll be happy for you to call my office. If you have anymore problems, just call the office. I'm telling you that it's a different day and they're going to fix your problems this time. Ms. Goodman: OK. Thank you. Vice Chairman Winton: Leroy, it is 1:38, I got, we're an hour and 40 minutes into the lunch break, so I will give you thirty seconds and then we're leaving. Mr. Jones: Commissioner, I'm just trying to -- Vice Chairman Winton: I understand, but do it in 30 seconds, or we're gone. Mr. Jones: If the Commission would maybe consider setting aside some pilot funding -- Vice Chairman Winton: CDC's, we got it, he brought it up, Commissioner Teele, we got it, so the concept is there. Your idea a good one we'll do some thinking about that and figure something out here. Commissioner Gonzalez: Motion to recess. Vice Chairman Winton: So moved. All in favor? Mr. Gimenez: Mr. Chairman, before you go, I'd like to put something in the record. There was one of the citizens said that a police officer told her that the investigation stopped because of Commission. There was a miscommunication, actually they are waiting for a new grand jury to sit and bring the investigation forward with a new grad jury, and that's what caused the delay in that proceeding with any prosecution with the investigation. 95 June 27, 2002 Commissioner Gonzalez: Thank you, Mr. Manager, for the clarification. Vice Chairman Winton: There's anew grand jury that's what? City Manager: There's a new grand jury that's about to be seated they want to bring the case before a new grand jury. They don't want to start with an old one and they'll bring a new one up to speed. Vice Chairman Winton: So this whole thing, all the people that are listing to this, they can have some level of comfort --comfort, that's good enough-- that at least there's a grand jury that's going to hear a lot of this testimony and maybe City Manager: Yes, sir, the investigation continues with Internal Affairs and also with the Federal Government. Vice Chairman Winton: Recessed until 3 p.m. 10. ACKNOWLEDGE TRANSFER OF OWNERSHIP OF SOUTHLAND TOWING COMPANY ("SOUTHLAND") TO SOUTHWEST TRANSPORT, DBA ABSOLUTE TRANSFER; APPROVE ASSIGNMENT OF AGREEMENT BETWEEN CITY AND SOUTHLAND, TO ABSOLUTE TRANSFER AND CITY, FOR PROVISION OF TOWING SERVICES. Chairman Regalado: We are convening the afternoon session of the City Commission. We have a time certain that we'll be doing in just a few seconds, but as a courtesy to elected officials, as we always do, we have item 8. Ms. Patty Nassy to address the Commission regarding approval of transfer of ownership from Southland Towing to Southwest Transport, absolute transfer, the Administration recommends approval. We have Sweetwater council member and Vice Mayor Manny Marono here, and good afternoon, sir. Joe Geller: I'm Joseph Geller. I'm the attorney for Absolute. We understand the administration's recommending this, it's just a transfer of a license. Chairman Regalado: Ok. Commissioner Sanchez: What are the conditions? It says approval with conditions. Arthur Mobley (City of Miami Police Towing Detail): Yes. Officer Arthur Mobley, City of Miami Towing Detail. Conditions are that they follow all the current regulations, requirements in the contract, they provide us with a letter of credit, current insurance, and again follow all the ordinances in place. Chapter 42 of the City of Miami and execution form, acceptable to the City Attorney. Commissioner Sanchez: So moved. 96 June 27, 2002 Chairman Regalado: Ok, we have a motion. Do we have a second? Chairman Regalado: Second. All in favor say, "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, thank you very much. 97 June 27, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-738 A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE TRANSFER OF OWNERSHIP OF SOUTHLAND TOWING COMPANY ("SOUTHLAND"), OWNED BY MILLER INDUSTRIES, TO SOUTHWEST TRANSPORT, DBA ABSOLUTE TRANSFER, OWNED BY PETER HERNANDEZ, MANUEL MARONO AND ROBERTO MUREIDAS; APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF MIAMI AND SOUTHLAND, DATED MAY 3, 2000, TO ABSOLUTE TRANSFER AND THE CITY, DATED JUNE 27, 2002, FOR THE PROVISION OF TOWING SERVICES CONTINGENT UPON: (1) COMPLIANCE WITH ALL REQUIREMENTS SET FORTH IN THE AGREEMENT BETWEEN THE CITY OF MIAMI AND SOUTHLAND; (2) COMPLIANCE WITH CHAPTER 42, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; (3) EXECUTION OF AN ASSIGNMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM SOUTHLAND TO ABSOLUTE TRANSFER; AND (4) THE CITY MANAGER'S EXECUTION OF ANY DOCUMENT(S) DEEMED APPROPRIATE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID TRANSFER OF OWNERSHIP AND ASSIGNMENT OF AGREEMENT. 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 Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 11. APPROVE AMENDED AGREEMENT BETWEEN CITY AND BOARD OF SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Chairman Regalado: We have the South Florida Consortium, it-- we apologize to the -- Dena Bianchino (Assistant City Manager): Mr. Chairman, I believe that's item number twenty- four. 98 June 27, 2002 Chairman Regalado: Oh, yes, actually we apologize to the officials that were here this morning, but I'm sure that you saw the number of people that wanted to speak to the Commission, so it is the City of Miami's participation on the Board of the South Florida Employment and Training Consortium. Good afternoon, sir. Ms. Bianchino: Mr. Chairman, at the last Commission meeting, the Commission asked us to go back and renegotiate our agreement with the Consortium, to try to better protect our liability as it relates to the consortium, and also, as to how it relates to having higher level of staff people involved in the process, so that we can be assured that we're adequately represented. The agreement was amended, the staff level, it is resolved. The issue of liability has been resolved to the extent that that, on a vote necessary to approve payment of a claim, it must include the vote of either the City of Miami, or Miami -Dade County, to take effect, so the smaller municipalities cannot force the City into making a settlement when we're not in agreement with it. On balance, I will tell you that there are pros and cons on both sides of this issue. The manager and we, have discussed it, and we feel that it is more to the City's advantage to be involved in the consortium' because if we're not there, we feel, that the City's residents needs are not going to be served as well as they need to be, and so, because we feel that's very important, we will recommend approval of this revised ordinance as you have it. Chairman Regalado: OK. Good afternoon sir. Your name? Barrington Combs: My name is Barrington Combs; I'm the interim Executive Director for South Florida Employment Training Consortium. Chairman Regalado: Do you think that the new proposal would better serve the residents of the City of Miami? Mr. Combs: Absolutely, because the City of Miami, at least, will have a voice on the board, and they would also be able to establish priorities, which will certainly, benefit the City, in terms of employment and welfare issues. Chairman Regalado: Johnny, did you -- Commissioner Sanchez: Did this in anyway reduce our liability? Vice Chairman Winton: Yes, I forget the number. Alejandro Vilarello (City Attorney): From 36 to 33 percent. Vice Chairman Winton: Yes, it absolutely did. Really in two ways. It reduced the percentage of potential liability and it reduced the mechanism by which we could potentially be liable, by assuring that a small municipality out there, or two or three of them and we weren't at a meeting and there was a vote on distributing liability, because there would be a real liability there. These small municipalities cant vote yes, let the City pay. We have to agree to that, or the County has to agree to that, so there's really two mechanisms by which we were able to reduce our liability. 99 June 27, 2002 Commissioner Sanchez: So moved. Vice Chairman Winton: And I would like to add that in my negotiations, or discussions, not negotiations, my discussions with folks from the County, I couldn't be more pleased with the way the county handled this whole thing I thought the discussions were very, very professional, to the point, and frankly, very open. And I think the county bent over backwards to try to make us understand what the real issues are, and how the system works, encouraged us to do some things differently, and worked to cure the principal objectives we had to the whole thing, so my hats off to the folks at the County. I think you all did a great j ob and I appreciate it. Mr. Combs: Thank you. Vice Chairman Winton: I guess, call the question. Chairman Regalado: Yes. We have a motion. Commissioner Gonzalez: I have a question, Mr. Chairman. OK, what we're going to do here is going to reduce our liability, but at the same time we wont be a part of the Consortium, right? Ms. Bianchino: No, we will be. We will be a voting-- There's five members of the consortium: Miami Beach, Miami, Dade County, Hialeah and Monroe County and we would be one, of the five, sitting on the board and as you had asked at the last Commission meeting, the person from the city on the board will be a high-level staff person or a Commissioner, so we wont have lower -level people, and I think in talking with the County, I really think we can move forward in this. Commissioner Gonzalez: And we will have voting right too right? Ms. Bianchino: Absolutely. Chairman Regalado: OK, we have a motion and a second to approve. Pricilla A. Thompson (City Clerk): I'm sorry, Chair, we don't have a second yet. Vice Chairman Winton: Second. Chairman Regalado: OK, we do have a second. All in favor say, "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-739 100 June 27, 2002 A MOTION APPROVING THE AMENDED AGREEMENT BETWEEN THE CITY OF MIAMI AND THE BOARD OF THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. 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 Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: It passes 4:0. Thank you very much. 12. DIRECT MANAGER TO INSTRUCT FIRE CHIEF TO PROVIDE COMMISSION AND MAYOR WITH REPORT REGARDING HIS VIEWS ON HOW CITY IS PREPARED TO DEAL WITH MINOR AND MAJOR ACTS OF TERRORISM. Chairman Regalado: We have also, a time certain presentation by Mr. John Granito of the report for the City of Miami Department of Fire Rescue. It's a power point presentation and we have the Chief, and Chief, you want to just briefly explain what are we are going to see? William Bryson (Fire Chief): Yes sir, William Bryson, Fire Chief, close to a little over a year ago, I guess it was, the Commission asked that some studies be done of the Police and Fire department involving a comprehensive study that would address things like service and efficiency etc. Dr. John Granito, who's over to my left here, was hired by the City by Commission action to do a study, he's completed it. He's here today to give you about a twenty minute summary, I believe, and about a ten minute question and answer period on his findings. Chairman Regalado: OK let's start, just one second Dr. I think that we need to dim the lights a little and if you want, you may use the hand mike. Just go ahead. Dr. John Granito: Thank you, I'm John Granito, as the chief indicated, I'm a consultant in emergency services for a municipalities. I've been doing this now for thirty years, about 350 or more studies, many of them large urban areas such as Miami. There were four major areas that I was requested to review, but before we put those up on the screen, let me give you just the sequence that I followed and the sequence of this presentation. First thing I looked at, were the types of services that the City of Miami and its people need. Then I looked at the resources that are available to deliver those services, tried to identify the strong points, the challenges sort of speak, some major findings, and I made a series of recommendations. There are 57 recommendations in various categories and I prioritized those recommendations for you. One of the major concerns that the people in the Fire -Rescue department have had has to do with 101 June 27, 2002 providing coverage for the City that would meet the standards that are set by the new national standard, called NFPA 1710, which provides more than recommendations, it provides some specifications for response coverage in terms of time and the number of fire vehicles the number of fire fighters and what have you. I'll spend a couple of minutes, at the end, showing you the results of the computer mapping that we did. There were four areas, major areas that we looked at, organizational structure, selected administrative practices, the resources for emergency response, and the station coverage Citywide. As I said, the first thing that I looked at were the needs of this particular City, its size, and its very nature, fire suppression, of course. The number of fire calls, annually, runs a little more than about 13,500, and the number of emergency medical calls to which the fire department responds with rescue ambulances now exceeds 63,000, so it's a very busy department, and if you look at departments that have a similar workload in the United States and were to see their budgets you would see that the average budget of a department with this level of workload is about 50 percent more than the budget of the Miami Department of Fire Rescue, so you have, and I'll say that right at the very beginning, not only a hard working fire department but one that is run very efficiently. They are probably quite near the limit of their ability to do more with less, but certainly at the moment it's an extremely efficient department. Now in addition to fire suppression, fire prevention and inspections, the least expensive fire is the one that never starts. Of course, then emergency medical services, which is the highest workload here, and that's because of the nature of the population of the City. The report itself, gives some statistics, I was surprised, myself, at the relatively high percentage of people who are over the age of 50, over the age of 60, over the age of 65. As I recall, it's something like 20 percent of the Miami population over the age of 65, and naturally you will get more-- a higher demand for emergency medical services, as the population grows older. Then public safety education, hazardous material response, technical rescue, Miami uses the term rescue services, to mean, what in many places are called advance life support ambulance services, technical rescue is water rescue, rescue of people from confined spaces, a building collapse, trench collapse, machinery accidents, and what have you. City disaster, I'm sorry, public service calls and programs, which are all of the other types of calls that the fire department gets when a building is actually not on fire and someone doesn't need an ambulance, but when the fire department is called to provide some necessary service, then City disaster response, your emergency management program deals with that. Marine incidents, a major port of the river with its ship traffic, and so forth, and joint police operations. Joint police operations are becoming more important and the next three items that you'll see are air crash response, terrorist incidence, weapons of mass destruction incidents are also of increasing importance and there's a statement in the report, which states, cities such as New York, Miami, New Orleans, with the various venues that you have, their popularity, their very nature, they're magnets to draw tourists, are obviously attractions to the kinds of people that do things that we don't really want to be considering, so some special attention is needed in your City for those types of things, terrorist incidents, joint operations with police dealing with weapons of mass destruction incidents, as they're called. And then you do have fortunately Vice Chairman Winton: Before you go there I want to ask you a question. In studies that you've done in other areas of the country, are there other areas of the country where you have done studies, where you have an umbrella government, like we do here, which is Miami -Dade County Government, that then has a whole series of local municipal governments underneath that umbrella government where you have same services, as by way of example, the County, has its 102 June 27, 2002 own fire department period. Many of the municipalities or some of the municipalities I don't know how many of them have their own fire departments. And so the question is, have you looked at other areas of the country where they have the same kind of system in place? Dr. Granito: Yes, I have, and in other countries, as well for example, 24 months ago, I finished a one-month study of Metro Johannesburg in South Africa, seven and half million population, exactly the same situation here, but there are a number of places in the United States that have that structure. One is tempted to say that consolidation of these kinds of services in Fire Rescue departments would lead to great cost savings. For example -- Vice Chairman Winton: The specialized service, is that what you're saying? Dr. Granito: Yeah, well no, I was referring to a fire rescue department in its entirety. Specialized services, yes, but you find specialized services provided county -wide by the county, typically in places which have one population center, and then primarily suburban and rural areas surrounding that center. If there are such places in Florida, for example, not too distant from this city, where there are a large number of very small fire departments sometimes with just 1 or 2 stations. Each of those fire departments attempting to be all things to all of its inhabitant's, hazardous materials, specialist, confined space rescue specialist, etc. In those places, a county or a series of county teams, covering the entire county, can be much more effective. I don't know that in terms in dollars spent it would be less expensive, but, certainly it would be more effective, because you would have highly trained people with the right equipment. The problem that I see in some places, as I do these studies, is in the length of the time that it takes for the county team to arrive at the scene of the incident when they're covering the entire county. Further, a number of counties in the United States, attempting to deal with the hazardous materials problem, establish a county hazardous materials response team, but they draw the members of the response team, 1 or 2 or 3, from each of the many departments in the county. They all need to get to the incidents themselves and then somebody drives the hazardous materials truck from whichever fire station it's located in. That takes a great deal of time. Typically, I end up with a recommendation, which says to the smaller communities, you need to be trained and equipped as first responders for these specialties. In other words, if a gasoline tank truck is delivering eight thousands of gallons of gas to a small gasoline station, in a small rural area or a suburban area in the county, and it backs into a (UNINTELLIGIBLE) and it puts a tear twelve inches long, and it's now dumping fuel in the street, somebody needs to do something to stop that, before any county team, no matter how well equipped and trained it is, is ever going to get to the scene. Vice Chairman Winton: Well, I'm looking at the first three: air crash, terrorist incidence, weapons of mass destruction incidents, and so it seems to me that what I'm hearing you say, is that it is not only appropriate, but necessary for a municipality like the City of Miami, that's within Miami -Dade County, to have those kinds of skill sets, the equipment necessary to deal with those kinds of things, the training to deal with those kind of things is that what you're saying? Dr. Granito: That is my judgment. 103 June 27, 2002 Vice Chairman Winton: And how many other municipalities in a county, like Miami -Dade County, should have the same thing, and how many of them do have that? Dr. Granito: I met, relative to this study, I met and talked with the Chief of Miami Beach. They are somewhat dependent upon the City of Miami for mutual aid. They are not entirely self- sufficient; their department is simply not large enough to cover the problems that they could have. That's other than the County department, which is a large department, that degree of self- sufficiency. I think, is what you see in the other areas. You're the largest municipality in the county the largest City, certainly in the county, without any question. The others are relatively much smaller and -- Vice Chairman Winton: But the sum of the parts is pretty big. Dr. Granito: The sum of the parts is pretty big, but the sum of the parts is not organized, except for the county. If you go out to the others they're all saying, I wrote an article not too long ago, and I started out by saying given its druthers, every fire department in the United States wants to sit on its own bottom, be entirely self-sufficient, and clearly autonomous. Vice Chairman Winton: That's my point. Dr. Granito: And the smaller departments in your area are operating that way. Chairman Regalado: What you're saying is -- Vice Chairman Winton: Well, we're not though. We're at the other end of the spectrum here, and so I'm trying to understand if that, how important that other end of the spectrum is for us. Dr. Granito: I think it's very important for you. For example, if there were a major incident at the port, and I don't know what is going on at your port right now. I'm the safety consultant to the port in New Orleans, I know what's happening there and I met on last Friday with an official from the New York/New Jersey port authority. I know that there is now an immense focus on those kinds of things, relative to ports. In the northeast, scuba tank filling places now have to get positive ID before they will even fill a scuba tank. If there is a major incident at the port, the county is going to be very, very busy. That leaves the City, pretty much taking care of the City, without being able to have great mutual dependence on the County. I know that the county's a large department. I'm very familiar with it and with the person, David Paulson, who was chief until recently. While it is a large department, they've got a large territory to cover, and if we're looking at those kinds of things, we have to anticipate that the people carrying out those types of incidents know what their doing and can be quite intelligent about it there wasn't one plane that went into New York City, it was two planes. So, if someone were to say, we're near a large resource so if anything bad happens in our little community, I'm not speaking of Miami now, if anything happens in our little community. And let me use a hurricane as an example. If a hurricane comes through it's going to hit more than just one of the smaller communities. they're going to need help, it's going to hit more than just the City of Miami, and its going to be extensive out of the county so unfortunately in this kind of business at the times when you need it most, that is, mutual aid from others, you find very, very often that it's not available in the 104 June 27, 2002 volume that you will desire. So, when I look at Miami, I'm urged to say to you, that the Miami Department of Fire Rescue needs to be quite self-sufficient. Now, that's not to say that you want people or vehicles sitting around not doing anything, you know until the hundred -year hurricane comes. Obviously, you can't do that, those kinds of dollars aren't available, but to be dependant upon other departments for basic service, I think is a dangerous thing to do. Vice Chairman Winton: So, is it dangerous for, I mean, is it dangerous for Hialeah and for Coral Gables? Dr. Granito: If Hialeah and Coral Gables had a large-scale natural disaster they're going to need lots of outside help. You would have to look at relative value Vice Chairman Winton: And you're suggesting that the county can't provide that help? Dr. Granito: No, no the county could certainly provide that help. You could provide that help if you had nothing going on yourself and if the County didn't have a lot to worry about itself. If you could space the incidents, so to speak, but we're looking at that screen, which is terrorist, WMV, as it's called in the mass destruction business and we're beginning to realize that we can't call the shots, and the people who can call the shots there, God forbid, understand what we understand. I'm very concerned in the U.S., because one can read in magazines and daily newspapers all kind of ideas about things that would hurt us terribly. So, if someone is so inclined they don't need to get very many ideas self -generated. Vice Chairman Winton: You can go on, I will tell you though, that I'm listening to this. It isn't clicking, you know there's something wrong with this storyline, and I can't, I'm not smart enough yet, to figure out what the questions are that I need to ask about this storyline, but I can tell you I'm uneasy about it. There's some logic here that just isn't clicking. So, you know, we have 370,000 people in the City of Miami in a county of 2.2 million, so you know. Dr. Granito: During the day, probably over 400,000 -- Vice Chairman Winton: That's right, but it's still in a county of then two and a half million, so when you count the tourist and the visitors and everything, countywide, you know the County's probably 2 and a half million, and we're 400,000 of that or 450,000 so -- Dr. Granito: Let me continue along this line, because it is an important one. Chairman Regalado: Let me ask you a question, because I think I'm trying to understand, also, what you're saying and what you said about Miami makes sense. If there is an event of use of weapons of mass destruction, or a terrorist incident, the law of probability says, that they will use it in an urban setting. Which is only the City of Miami because Miami Beach is spread, and the City of Miami it's an urban core, so that would be the ideal scenario for the kind of action that a terrorist would take. The second thing is what your trying to say is that the City should have some plan A and B about terrorist incidents, weapons of mass destruction, and that-- for that we are not prepared. Is that what you're saying? 105 June 27, 2002 Dr. Granito: Yes, but you're in a group of almost every City in the United States, because very few cities are well prepared. I'm very familiar with New York City and New York City had excellent plans for a very wide variety of incidents. Chairman Regalado: Right, but I think Johnny makes a point, that we are a City, but we are, and granted during the day we may have a population of more than half a million probably close to a million in the urban core, Brickell, downtown, Civic Center and that so that, would be a logical scenario, but, you just mentioned Johannesburg I was in Soweto, and Soweto, when they have this fires and riots that they brought their help from the urban setting of Johannesburg. Dr. Granito: And now its part of the Metro area. Chairman Regalado: Right, so what he's trying to say is that, in the case of a situation like that, everybody has to pitch in Dr. Granito: That's very true and that's what happened in New York City. I did the analysis of the Los Alamos fire that occurred two years ago, where 350 houses, approximately, burned in that wild fire, and I mean blocks within the City itself. There were 62 fire departments that came to that, but almost all of the good work was done by the firefighters of the Los Alamos Fire Department, Santa Fe, and Albuquerque, because they were really the only ones that had that kind of experience. Now, let me continue with this if I may. There's a section in the report that looks at what would be left in your fire stations, if you had two two -alarm fires at the same time. Since the people who man the rescues, the ambulances, are totally trained, equipped very good fire fighters, those people are there and that's great. So, it's not so much the number of fire fighters who are available, as the number of vehicles. If the City of Miami had two two -alarm fires today, that were in what we call a high occupancy or high hazard buildings, there would be one fire truck -- Vice Chairman Winton: What's a two -alarm fire? Dr. Granito: Well, not as big as a three -alarm, or a four -alarm, or a five -alarm. It means that you can't handle it with what you send initially to that fire. Two two -alarm fires is a credible event in a City this size. You have seventeen firefighting vehicles in the City. You would have one firefighting vehicle left in a fire station. You are then totally dependent upon outside sources to come and cover the other stations. Commission Sanchez: But, don't we have an inter -local agreement with the County and other municipalities? Dr. Granito: That's what I'm saying. You're totally dependent on the outside people then. I'm using this afternoon, as an example, but if we use that kind of business as the example, and if they had their hand full, then you can't get what you would want to get, because they would be busy themselves. Now, I'm not saying you need a big, larger fire department then you have. I'm simply saying you do have to plan, not you, they, they have to plan for more than they have for those kinds of thing, but that's true of all departments. That's not meant as a criticism of the fire department. This is a new ballgame. Last September 11th changed the total environment. 106 June 27, 2002 Commission Sanchez: So, basically you're recommendation is structural modifications to the department? Dr. Granito: What I would recommend relative to this, and the report says this, is that the next time there are a couple of still halfway decent trucks to be traded in that they not be traded in, that they be kept, as what I call in the report, ready reserves. You have several reserve trucks, but they're used, when the first flying truck goes into the garage for repairs, or something has to be done then one of these other ones takes its place. I'm talking about ready reserves fully equipped everything on them, key is on the switch, and then when you need them, if you had to pull some of the rescues out of service and put those people on the fire trucks, or if you had to call in an off duty shift, they at least have vehicles, and I'll speak a little more about that later, and that's really what I was driving at before without saying that was the recommendation. Now, what do we have currently? Let's take a look at the field units. You have twelve stations, you very wisely put two more rescues into service very recently that was an excellent move and I'm not saying this to make you feel good. That was an excellent move and I say so in the report, you need two additional stations for those rescues. I would hope that when those stations are designed and built, that they're built with a little more space than you would need for one rescue, because I think they would give ideal locations for example, for a couple of ready reserve fire trucks. So you have twelve stations, you need to go to fourteen. You run twenty-three advance life support ambulances now with three crewmembers each. Eleven fire -pumpers, four quints as they're called, that's a pumper with a short area ladder on it, and you have two full- length area ladders. You have some technical rescue and specialize vehicles. Three district chiefs. Al person who serves typically a dual role as a District Chief and a Shift Commander. And a safety officer which is necessary by OSHA regulations even if you didn't want one and you do a number of fire inspectors and fire investigators. These and one person, who I wish I could say on a full time basis, but they have a lot of other tasks, functions as a public safety education specialist. These are really the field forces that the Miami Department of Fire Rescue has. They are, they serve the City directly, and they are supported by administrative services, and there's a long list here, maintenance of the a apparatus, dispatch operation, a training center, research and planning, public information, grant seeking, facility construction, disaster preparedness procurement, they're in no particular order, but there are a number of support units that are needed. Now, what did I see as the strong points of the department? It's focused on the service mission. There are departments that are focused on getting larger. There are departments that are focused on fighting out labor management issues and so forth. Your department is not. Your department is focused on serving the City, which is excellent. The chief level officers -- Vice Chairman Winton: How did you determine that? Dr. Granito: By watching the operations. I went out in the stations, answered a couple of them. Went on a couple of alarms, watched them respond to alarms, talked with the union representatives, talked with people in the stations, and what they want to talk about really, is doing a better job. What else could we be doing? Do you think we'll get a new radio system? Not as often the case with me, do you think they're going to give us a raise? Can we cut the number of work hours? I'm sure they're concerned about those things, everyone is, but the 107 June 27, 2002 primary focus is on serving the City. The chief level officers are experienced and they're very enthusiastic. That is extremely helpful. The senior staff, the people below the chief level staff, and the support personnel, are also hardworking people. That is extremely useful. The firefighters themselves and the company officers, in my judgment are quite experienced and very dedicated. I'm concerned though, that as you begin to lose the older experienced people to retirement or what have you, that there will be people ready to move in to those officer positions who are fully capable of taking over, and I'll give you an example. I can name the city, several years ago, I did a study of Jersey City, a very large department in a City where there are difficult fires. They gave some incentive for retirement, and probably four, or five, or six times the number of officers retired, whom they thought may retire. That left them with very few streetwise people, so the people who were promoted quickly had to learn very quickly and that's difficult to do, because it's complicated business. I'll talk a little about that later on. The apparatus is vastly improved over what it was several years ago. The additional rescues and the new hires, as I said, were very good moves. What else have we got? Labor management relations are good at least in my judgment as I, I count numbers of grievances. Those grievances that have to go to arbitration and so forth. This department is in good shape there. People have a sense of pride in the department. They have an expectation of continuing general improvement, that's tough to deal with, because they honestly do need more resources than I suspect the City is able to give any individual department, currently. They're operating so efficiently, that I don't expect that they could go much beyond where they are now. They do want to improve obviously. The dispatch system or the radio communications and the emergency operation center are in the works now, and that's good. They need improving and they are going to be improved. The fire -net system, which is the internal communications computer system that the fire department uses, is outstanding. That can be a model for any fire department in the United States and it should be. They intend to achieve the National Accreditation as a fire department. That's probably at least a two-year process, but it will be good for them to go through the process and when they do get accredited you can then say with even more pride we have a Nationally Accredited department. There are fewer than seventy in the United States, at this time, although the number grows each year. Now my major findings here, the department is recovering from an extremely tight budget. The fire departments, as I say, in the report are in a difficult position. When you cut City department budgets, libraries can say, ok, we're going to close noon -time on Monday to save money. Police departments can say, if your car was stolen come in and file the report, or we'll send somebody later on today, or this week to do it, but unfortunately, fire departments can't say, we'll come to your garage fire sometime this afternoon. They need to go when they're called. So, it's very difficult, indeed, essentially impossible to cut back on emergency response services from a fire department. They have already given to private ambulance providers three thousand five hundred, or they're about routine calls, which I think is fine, because their workload for emergency ambulance calls is so high. They are rated highly nationally in EMS delivery. Emergency Medical Service delivery in Miami is a national model. They're rated highly for training for their field inspection program for the tactics that they use in handling fires, for that internal computer system, which they call fire -net, which I said is a national model. The people are dedicated, and that's known by other fire department people around the county, they're aggressive in their attack at incidents, and their leadership is good. These are great, and as I've said, now three times, the recent addition of the two ambulances is a major step for it. The department is an efficient department and it's highly cost-effective, to the point where it's a little difficult to understand how they're doing, what 108 June 27, 2002 they're doing but bumble bees can't fly, but they do, so let's not argue with it. Now what are the challenges? Here's where the rubber begins to meet the road. Those two additional stations are needed. I'll show you the map business, in a moment. The new and adequate dispatch and communications facility is underway, that's good. The new emergency operations center is underway, that's going to mean if any urban area in the United State, and I live on the other side of Florida, so I know about hurricanes. If any urban area needs a good EOC, it's has to be your City. The new fire, it shall be a fire -oriented, computer aided, dispatch system. They've been looking at, as a cost saving device, I suspect a joint computer dispatch system with the police department. There is an essential difference between police dispatch and fire dispatch, fire EMS dispatch almost always cannot be queued, that's the term that police use when they say, ok, there's a burglary in progress, and there's an armed hold up in progress, our cars are going to that right away. We've got some other calls, which can be handled later on. That's called queuing. It's very difficult to queue fire calls and it's very difficult to queue ambulance calls. You do some of that in the triage that takes place at dispatch, but that's more saying to the people, until an ambulance gets there, here's how we want you to give CPR. So, the dispatch systems typically need to be quite different in their software design. So, my recommendation is that the fire department look at a fire -based CAD system, that it's called, C.A.D, computer -aided - dispatch. You, with a number of ambulances alone, mobile computer terminals are needed in your vehicles, and a vehicle locator system, which enables the dispatch to know exactly where each vehicle is at a given moment, would be extremely valuable here. They are not terribly costly. They're costly, but they're not outrageously costly, because so many people are buying them today, that the price has dropped. They would be extremely useful in your City. You need some additional staff positions and I suspect they would have to be phased in over some period of time, because there are some important things to be done, for example, generating more grants, and generating more outside, non -City funding, but you need somebody who's working on that. You know it's hard to do it on a very part-time basis. I suggest some modification -- Vice Chairman Winton: What did you just say about the non-? Commissioner Sanchez: Grant monies. Dr. Granito: That you can attract, you have attracted outside money for the emergency operations center, and you're getting a grant, I hope, somebody's working on it today, in fact, for some health and safety money for a fire operations and you're gotten some other. The money is there and -- Commissioner Sanchez: Just out of curiosity, who's-- does the fire department have their own grant writers or is it done through the administration, Chief? Chief Bryson: We now, just as of two weeks ago, have our full-time grant writer, but we did do it through City resources before and used our own people part-time. Now we have a fulltime one that we hired from the police department. Vice Chairman Winton: And you're going to give us a routine report that shows what the cost of your grant writing is versus the grants that you get in? 109 June 27, 2002 Chief Bryson: As a routine as you'd like, Commissioner. Vice Chairman Winton: Thank you, sir. Dr. Granito: That's good, two weeks. Commissioner Sanchez: I think he's got a clear message. You better produce some grants. Dr. Granito: I suggest some modifications in organizational structure, nothing dramatic. Some shifting, some conversion, a management information system, clearly defined as such, would be useful. Minor increase in fire suppression capability that's what I was talking about earlier with the ready reserve apparatus, I mean the more the better, but obviously, you need a garage to park them in. Increased public education, public information, because that's essential to attract more outside funding and it's not just Federal grants. Corporations give, for example many, many fire departments in the United States have never paid a cent for defibrillators, they've been gifts. These new infrared devices that allow you to see through smoke room, so called, for example. Corporations, banks, service organizations and what have you they're all fair game. It has to be coordinated. You can't have City departments fronting out on their own, you know asking for grants and gifts, but there are departments which do quite well and I got a section in the report that talks about that. Increased planning and research capabilities, the department now needs, I think, hopefully to take this report. Hopefully, they would agree with much of it, a great deal of it, and use it in their own information, to come up with an updated, new master plan. They'll have to do that anyway to get accredited, so this is the time for them to get underway. They have to identify somebody to do that. I think an expanded officer training program is needed, because as you begin to lose your experienced people, you do want to bring in people who are ready to handle that level of responsibility, and there's a section in the report that talks about that. The City department that handles computer technical services, radio repair, and so forth, is really vastly overwhelmed. Right now, the two new rescues are dispatched by hand, because it's six hundred hours of software work to get them into your existing computer system. My suggestion is, that you might find it more cost effective, by far in the end, to give the department somebody internally who will take care of just the department. I think you spent the money, you've hired people, you've put the two new rescues on the road, and you want to get maximum effectiveness from them as quickly as you can. If I'm off base in these things and being inaccurate I'm sure that the chief or somebody will give you a straighter story. I think if you can bring your administrative service units into the same building that will be useful, right now they're spread out in several buildings, and the updated„ formal long-range plan, as I said, I see as a challenge. Alright, let's continue with that, many challenges the organizational structure modification is a category here, in which I make recommendations in the report. This is simply a listing of the recommendation categories: officer development programs, fire suppression capacity, we talked about that, an adjustment in the EMS control structure. The EMS system is an outstanding system with a national reputation, but the citizen complaints, for example, depending on the nature of the complaint, can go to various divisions within the fire department and I think that if there's any area that exposes a City to legal action it's probably EMS. And consequently, I suggest that the internal experts take a look at that particular aspect of the structure and see if some tweaking is in need there. The policy development process that they're using works wonderfully and I'm simply saying here continue it. Station locations and total response time is 110 June 27, 2002 going to take a minute before I close off to show you the maps and we've got-- is there one more on that yes, unit workload analysis. Some of the rescues, believe it or not are already very near, or at the limit, that the experts say calls for another rescue. We don't know the full effect of the two new rescues yet, because they're not into the CAD system and we can't get the statistics as readily as we need them. So, what I say here in the report is, sometime, once they're all set, the department should take a look at the workload analysis to see how things are working out. The fire units are at maximum workload. You would be interested, perhaps, in a couple of my quick statistics. There is a fire truck leaving the station, with a siren and red light, usually, in the City of Miami, every 41 seconds, twenty-four hours a day, seven days a week. Every 41 seconds, there is an ambulance leaving a station in Miami, with a siren and red light, usually every 8 or 9 seconds, twenty-four hours a day. It's a heavy workload. Dispatch communications and the computer radio system, and the need for technical services to support that, there are recommendations there. Employee evaluation forms I'm looking for some fine-tuning because the employee evaluation forms typically used for municipal employees aren't designed for people who live together for a 12 or 24 hour shift arrangement, doing that type of work, so, there needs to be some fine turning, you know one would assume in conjunction with the appropriate City department plus the labor group. The apparatus and renovation plans that the department have, the apparatus replacement and the building renovation plans that the department have are fine. They really need to be adhered to, because I wouldn't want to see you get back in the situation you were in back, you know, in the mid -eighties and even mid -ninety, when we had to put so much money in just to bring things up to a reasonable level. Internal and external publications, and they have some examples there, and you need a management information and computer services division, but that's not a new division it's a renaming and a refocusing of some work that is already being done. An expansion of the great fire -net system, and an increase in non -city income grants and gifts, and then the report has just some general observations at the end. Now, if you would, could we see the map, can we get that? Ok, good. Now, don't worry about you know, names of streets or the details. This shows where the department hopes to have station number 13 built for the new rescue. The red streets are the streets that can be reached in four minutes travel time, at a reasonable average speed, and the green streets show the streets that can be reached in eight minutes travel time, at a reasonable average speed. See that station will give very good service in the northern part of the City, and it will really, vastly, I'm assuming, relieve a very heavy workload of the ambulances that are currently covering that part of the City. Now that's one station, what I'll call station 14, the department is planning, and they're correct, to have it down in the center of the red streets. The red streets again can be reached in four minutes and the green streets in eight minuets. That fills a strong need down there and it will relieve the workload of the rescues, which are currently covering those areas. Now, I'm mentioning four minutes and eight minutes, because the new national standard, I'm holding a copy of it in my hand now. Chairman Regalado: Excuse me, how do you know in a rush hour? Dr. Granito: Because we kick the average speed down to twenty-five miles an hour, which I think is attainable, even during the rush hour. Now terrible weather, 80 mile an hour wind, driving rain, etc. I'm thinking of where I live on the other side. No, but, 2 o'clock in the morning, they can do better than that. In Manhattan, the average speed is somewhere around 15 miles an hour, and while I know, I came down 95 this morning, it's bumper to bumper, with a 111 June 27, 2002 siren and a red light, you can do a little better than that. Now drivers are, I went on one response, and watched a driver racing us down highway 1, to see if he could beat the fire truck to the corner, but, I think that that's a reasonable speed for you. Those are computer aided maps and in the appendix, which you have, there are twenty-three maps, which show station by station. So you can look for example, in the area where you live and see where you are relative to travel time, from the nearest station. Now the new national standard talks about ambulance response, as well as, fire response, and they use four and eight minutes for that. You get in the entire City, you will get, with 14 stations, excellent coverage of the entire City. You'll have real equity of coverage, because at an average 25 mile an hour, with the 14 stations in place, 96.2 percent of the City can be reached in four minutes, barring a flat tire, an accident, a minor hurricane, what have you. That's excellent coverage in an eight minutes 100 percent of the City can be covered. Now that's not quite the case with the 12, but it certainly will be the case. Those two rescues are working now, but they don't have stations so at night I think is the plan. Chief rescues do go to a station at night and are out on a street corner, how do you work that? Chief Bryson: One rescue, 14, is occupied at the park, at Shenandoah, and the other is going to station 9 at night. Dr. Granito: If you have an opportunity to look through the entire, report I think you would be interested in a number of the details. If they are any other questions I'd be happy to try -- Chairman Regalado: Any questions from the board? If not we'll proceed to the bond item. Vice Chairman Winton: Thank you. Commissioner Sanchez: Thank you sir. Chairman Regalado: Mr. Manager, Chief, you want to say something? Chief Bryson: Yes sir, please I'd like to commend Dr. Granito. He was very thorough, he was everywhere in my fire department. I would talk to people and they would say, oh yeah, Dr. what's his name came by, and there he was, and he's been all over this country. He impressed me with his knowledge about fire fighting, I talked to him quite extensively. He came to my staff meetings. Like I said he was everywhere and I think he did a very thorough job. I don't agree with all of the recommendations, you probably won't either. I do agree with a lot of them. He did some very interesting things that made me think a lot. So, I would like to say, from my department, thank you to him for doing this good work. Chairman Regalado: I have a concern, Chief, and maybe you can address that, I guess for every elected official of every major city, terrorism is a concern, because it is a reality. Could you send the members of the board, and of course, the Mayor a report regarding your views on how we are prepared to deal with a minor and a major terrorist attack. Chief Bryson: Absolutely, I'll send you a report. 112 June 27, 2002 Commissioner Sanchez: And just to elaborate on that, maybe you can send us all some recommendations, or some of the things that you're going to implement, based on the recommendations made by the doctor. Chief Bryson: Yes, sir, I certainly will do that. Vice Chairman Winton: Well, I guess I was looking at it maybe a little differently. I didn't say thank you, even though I thought he did a real good job, because I saw the budget going up. I saw CHI CHING, CHI CHING, CHI CHING, so I knew Shorty was going to be back. So I wasn't going to encourage him. I was being very quiet. Chief Bryson: I won't be, that's not my focus on this report, there's a lot of things I can do that don't go CHI CHING. Chairman Regalado: No, but Johnny, you know what the Dr. said, these are dedicated people that don't care about the money so -- Vice Chairman Winton: There were a lot of good things in that report, and very encouraging things. Chairman Regalado: Mr. Manager, the bond item, I think is item, what is 7? 13. AUTHORIZE ISSUANCE OF $35,000,000 OF SPECIAL OBLIGATION NON -AD VALOREM REVENUE REFUNDING BONDS, SERIES 2002A, FOR PURPOSE OF REFUNDING ALL OR PORTION OF CITY'S OUTSTANDING SPECIAL OBLIGATION BONDS SERIES 1986A ITS SPECIAL REVENUE REFUNDING BONDS SERIES 1987 ITS GUARANTEED ENTITLEMENT REVENUE BONDS, SERIES 1989 AND ITS SPECIAL OBLIGATION NON -AD VALOREM REVENUE BONDS, SERIES 1995. Chairman Regalado: Mr. Manager, the bond item, I think it's item-- What is it, 7? Scott Simpson (Director/Finance Department): 15. Chairman Regalado: Fifteen. Carlos Gimenez (City Manager): Yes, sir. Note for the Record: Commissioner Teele entered the meeting at 4:34 p.m. Mr. Simpson: Scott Simpson Finance Department. We're here looking today for authorization for the City to go out and refund special obligation bonds. We also have the financial advisor, the underwriter and bond counsel answering additional questions as they come up. Chairman Regalado: This is a resolution; this authorizes $35,000,000 in special obligation, not ad valorem revenue refunding bonds. Mr. Manager, you have-- Commissioner Teele, we are -- we did the report on the fire and now we're on item 15, because it was a time certain for three. 113 June 27, 2002 Do you have any questions on the bond? This is the resolution of the issuance for $35,000,000 in bonds. Joel Maxwell (Deputy City Attorney): I didn't set the principal amount. Chairman Regalado: Hello, Mr. Manager Carlos A. Gimenez (City Manager): Excuse me sir? Chairman Regalado: You-- any comments, you want to make on this in terms of timing or item fifteen? Mr. Simpson: I'm sorry, what was the question? Chairman Regalado: Any comments from the Manager, from you in timing, when would this bond be issued, you know, when can we use the money, some timing? Mr. Gimenez: This is a refinancing of a bond. Chairman Regalado: OK. Mr. Gimenez: So, we're taking advantage of lower interest rates and we're getting some savings for the City. Commissioner Sanchez: What? That's a question that I had. What are we looking at in savings in the year 2003? Mr. Simpson: We're looking at a present value savings of approximately -- Commissioner Sanchez: It better be in the millions. Mr. Simpson: It is. A PV (present value) savings of approximately one point three million. The cash on cash savings of $880,000,000 over the life. Commissioner Sanchez: As long as the interest rates stay low. Mr. Simpson: No, we're going to issue the bonds. Once the bonds are issued, the rates are locked. Commissioner Sanchez: OK. Alright. So moved. Commissioner Winton: Second. Chairman Regalado: OK, we have a motion and a second. Commissioner Teele? Commissioner Teele: Mr. Chairman, who's the financial advisor on this transaction? 114 June 27, 2002 Mr. Simpson: Hanneth and Enhoff. Commissioner Teele: Are they present? Mr. Simpson: Yes, sir. Commissioner Teele: Could you ask them to just put their name and information on the record, and are you all recommending this transaction and while you're thinking, give me the impact, the probable impact of the Presidents' comment yesterday regarding what's that company? Chairman Regalado: WorldCom Commissioner Teele: WorldCom, and what are the impacts on interest rates of WorldCom? That's a joke. Gary Akers: I guess-- First of all, I am Gary Akers with Hanneth and Emhoff, Financial Advisor on the transaction, offices in Winter Park, Florida. As far as your comment on WorldCom, I think that continues to keep the confidence level and the stock market down. That helps the bond market because the bond market especially triple A bonds or US treasury bonds are recognized as much less risk than the stock market so-- I think as long as-- we certainly don't hope that we continue to have things like that, but that there is what they call flight quality and that's to the bond market so, that certainly shouldn't disrupt triple A bonds and US treasury bonds. Commissioner Sanchez: Sir, and you are recommending this? Mr. Akers: Yes, I am, we are recommending this. Commissioner Teele: Thank you. Alejandro Vilarello (City Attorney): Mr. Chairman, if I could? Chairman Regalado: Yes. Mr. Vilarello: Albert Del Castillo is here as bond counsel and I'd like him to discuss with you the preparation of the bond doc-- what we've done with regard to disclosure counsel. Albert -- Commissioner Teele: Sir, before I cut you off. Mr. Akers: I'm sorry. Commissioner Teele: Thank you very much for your -- but I do want to be very clear about one thing. You anticipate or you would suggest that most professionals are anticipating that the market will stay pretty much-- that this will continue to be a favorable bond market for issuers in light of the recent developments and the overall -- 115 June 27, 2002 Mr. Akers: Yes, I think— you know, we're going to have periods like, the market was off some today, but to have ups and downs with interest rates. But I think the general trend that this point is fairly flat. I think we're you don't see a whole lot more room or expectation that the rates are going to keep on going down. Commissioner Teele: Thank you very much, and I appreciate you being here. Mr. Akers: But this is a very attractive transaction for the City. Commissioner Teele: Thank you. Chairman Regalado: Ok, we have a motion. Mr. Vilarello: Mr. Chairman? Chairman Regalado: Yes. Mr. Vilarello: I think it's important for the record that Mr. Del Castillo discuss with you the preparation of the bond documents as well as the disclosure counsel that we retained. Chairman Regalado: Go ahead sir. Albert Del Castillo: Good afternoon. Mr. Chairman, members of the Commission. Albert Del Castillo, Suarez, Simms and Demsey, at 201 South Biscayne Boulevard, the City's bond counsel. In this transaction, these two bond issues which we actually have which are items 15 and 15A, two separate bond resolutions we pretty much follow the same procedure that we followed for your general obligation refunding bonds which was the City went out and hired not only bond counsel, but a separate disclosure counsel that had the primary responsibility of drafting the disclosure document. The preliminary official statement and the official statement, which is used to sell the bond (unintelligible) in public. Our firm as bond counsel, in turn, drafted the two resolutions that you have in front of you which provide for the authorization of the issuance of the bonds and the provide for the sale of the bonds through the negotiated sale process. That negotiated sale being headed by Payne Webber UBS Payne Webber, as the lead managing underwriter. The-- in addition to the resolutions approving the sale of the bonds, it delegates to the City Manager the authorization to specify the specific details of the bonds within the parameters set forth in the resolution. The exhibits to the resolutions set out the documentation -- the principle documentation that will be required to carry forward the ultimate issuance of sale; those being a bond purchase agreement and various escrow deposit agreements paying agent and registrar agreement. The preliminary official statement that I already referred to, and a continuing disclosure agreement. It's important to note that these two resolutions provide for the issuance of two separate series of bonds that actually refund five presently outstanding series of bonds that the city had issued from 1986 through 1995. That's a very general thumbnail sketch of what we've been doing and if there are any specific questions, I'd be glad to respond. Commissioner Winton: Call the question? 116 June 27, 2002 Chairman Regalado OK, we have a motion and a second on item 15, a resolution. All in favor, say, "aye." The Commission (Collectively): Aye. 117 June 27, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-740 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $35,000,000 IN AN AGGREGATE PRINCIPAL AMOUNT OF SPECIAL OBLIGATION NON -AD VALOREM REVENUE REFUNDING BONDS, SERIES 2002A, FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE CITY'S OUTSTANDING SPECIAL OBLIGATION BONDS, SERIES 1986A, ITS SPECIAL REVENUE REFUNDING BONDS, SERIES 1987, ITS GUARANTEED ENTITLEMENT REVENUE BONDS, SERIES 1989 AND ITS SPECIAL OBLIGATION NON - AD VALOREM REVENUE BONDS, SERIES 1995 (ADMINISTRATION BUILDINGS ACQUISITION PROJECT); PROVIDING FOR THE PAYMENT OF SUCH REFUNDING BONDS FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES BUDGETED AND APPROPRIATED BY THE CITY FOR SUCH PURPOSE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPOINTING AN ESCROW AGENT; APPROVING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF ESCROW DEPOSIT AGREEMENTS AND A PAYING AGENT AND REGISTRAR AGREEMENT; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND/OR A DEBT SERVICE RESERVE FUND SURETY FOR SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; PROVIDING FOR THE APPOINTMENT OF A VERIFICATION AGENT; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 118 June 27, 2002 Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None. ABSENT: None. 14. AUTHORIZE ISSUANCE OF $15,000,000 OF SPECIAL OBLIGATION NON -AD VALOREM REVENUE REFUNDING BONDS, SERIES 2002B, FOR PURPOSE OF REFUNDING ALL OR PORTION OF CITY'S OUTSTANDING SPECIAL NON -AD VALOREM REVENUE BONDS, SERIES 1994. Chairman Regalado: Item 15a is a companion to Vice Chairman Winton: So move. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second its public hearing we close the pubic hearing. All in favor say, "aye." Commissioner Sanchez: Wait, wait. Does he need to put anything on the record, Mr. City Attorney? Alejandro Vilarello (City Attorney): No. It's not exactly a companion, it's separate authorizing resolution so, it's related. Chairman Regalado: It's related, my mistake. It's a related resolution. Commissioner Sanchez: Mr. Chairman. Commissioner Winton: But all the same comments apply. Mr. Vilarello: Yes Albert De Castillo: That's exactly right. Commissioner Sanchez: I just wanted to make sure he put that on the record. Mr. Del Castillo: Right. 119 June 27, 2002 Chairman Regalado: We have a motion and a second. All in favor say, "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 120 June 27, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-741 A RESOLUTION OF THE CITY OF MIAMI CITY COMMISSION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $15,000,000 IN AN AGGREGATE PRINCIPAL AMOUNT OF SPECIAL OBLIGATION NON - AD VALOREM REVENUE REFUNDING BONDS, SERIES 2002B, FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE CITY'S OUTSTANDING SPECIAL NON -AD VALOREM REVENUE BONDS, SERIES 1994; PROVIDING FOR THE PAYMENT OF SUCH REFUNDING BONDS FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES BUDGETED AND APPROPRIATED BY THE CITY FOR SUCH PURPOSE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPOINTING AN ESCROW AGENT; APPROVING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF ESCROW DEPOSIT AGREEMENT AND A PAYING AGENT AND REGISTRAR AGREEMENT; APPROVING UNCERTIFICATED, BOOK - ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND/OR A DEBT SERVICE RESERVE FUND SURETY FOR SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; PROVIDING FOR THE APPOINTMENT OF A VERIFICATION AGENT; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez 121 June 27, 2002 Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None. ABSENT: None. 15. DIRECT CITY ATTORNEY TO PREPARE AMENDMENT TO CITY CHARTER FOR CONSIDERATION AT NOVEMBER 5, 2002 ELECTION, PROPOSING TO AMEND COMPENSATION FOR ELECTED CITY COMMISSIONERS. Chairman Regalado: Before we go to a time certain 5'o clock CRA (Community Redevelopment Agency) meeting, we are going to start doing the blue pages, and then we'll follow with the other items. Commissioner Gonzalez miss the printing deadline on his blue page. He does have an item that would correspond to the blue page, so we are going to start by District 1. Commissioner. Commissioner Gonzalez: Mr. Chairman, I appreciate the opportunity, but I have decided to defer my item for the next Commission meeting. Thank you. Chairman Regalado: OK. Commissioner Winton, you have two items on your blue page. Vice Chairman Winton: Yes. The first one relates to an item that we put on the ballot last November that I told you all that I would bring it back every single year for people to discuss, and that's paying City Commissioners a real salary as opposed to this five thousand dollar a year baloney that we currently get, and so I'm bringing that issue back. I would like to remind the Commission that when we went to the electorate last November, I think we had six separate questions on the ballot. We made a conscious decision from this Commission to go out and educate the community of the importance on five of those six issues. We made a conscience decision to not try to educate the electorate about the importance of this change, and I have had time to think about that. I've talked to a lot of people about it and I think that was an error on our part. It probably may not have been then because we had so many other things, but we don't have so many things this year, and so I think it's time to -- from my viewpoint, I would like to bring this issue back. I have a resolution here that I'm going to offer up, and I'm going to suggest further that we develop an educational campaign, like we did with all the other issues last year, and try to educate the community on the pros and cons of this particular issue so that there can be a vote that maybe has -- that's a more informed vote than just simply an emotional vote. So that said, the resolution is a resolution of the City of Miami Commission directing the City Attorney to prepare an amendment to the Charter of the City of Miami, as amended, for consideration at an election to be held on November 5, 2002, proposing upon approval of the electorate -- I don't know what this -- this doesn't sound right, but -- Alejandro Vilarello (City Attorney): It's right. 122 June 27, 2002 Vice Chairman Winton: Oh, it is? OK. -- proposing upon the approval of the electorate to amend the compensation for elected City Commissioners, and if you remember, there's a proposal -- there was a formula that we had last year that essentially said 60 percent of the salary of the Mayor at the time -- this would be the salary of the Mayor, effective November 2002, with an annual increase thereafter based on the Consumer Price Index, which annual increase may not exceed 5 percent of the then -existing salary, so there would be a 5 percent annual cap. The increase could be less than 5. If the CPI (Consumer Price Index) is only 2 percent, the increase would be 2. If it was 3, it would be 3. If the CPI was 10, the increase would still only be 5 percent. That would be the cap. So moved. Commissioner Sanchez: Second for the purpose of discussion. Chairman Regalado: Go ahead. Commissioner Sanchez: On the last referendum that we put out, what was the difference? Did it have the amount? Chairman Regalado: Yeah, it did, the same amount that he's proposing now. Commissioner Sanchez: But now it's 60 percent instead of the amount? Mr. Vilarello: No, that's -- this is a directing resolution, and I'll bring you back the actual question, but I believe the last question had the percentage, that identified the percentage. In other words, this -- we'll prepare -- I'll prepare the question and bring it back to you at the next meeting and, at that point, if you wish to change it from a percentage to an amount, you're certainly able to do that. Commissioner Sanchez: Well, I -- listen, you know 60 percent could be confusing. Vice Chairman Winton: Oh, I agree. Commissioner Sanchez: So, if you're going to put this to the voters and let them decide whether we deserve a raise or not; which I could argue here day and night, I'm just about to finance -- turn in my financial disclosure and every year I get poorer and poorer as a Commissioner, except you Johnny; yours goes up, right? I'm only kidding. Vice Chairman Winton: It should have gone up a lot more, I'll tell you that. Commissioner Sanchez: Well, I would just feel comfortable if somehow we put a salary amount so they could vote on -- Vice Chairman Winton: I'm not opposed to that, at all. Commissioner Sanchez: -- it, instead of the 60 percent. All right. Chairman Regalado: OK. 123 June 27, 2002 Vice Chairman Winton: This, by the way, is roughly sixty thousand dollars ($60,000. 00), 60 percent, because the Mayor gets about a hundred thousand dollars ($100,000.00), so I'm not uncomfortable with a real number. I think that's smart, frankly. Commissioner Sanchez: OK. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes. Commissioner Gonzalez: I'm sorry. Are you finished? Yeah, I agree with Commissioner Winton, that if we're going to bring this back to the voters, we definitely need to establish a program where we inform the voters of what we're trying to do and give them all the information necessary so they can make an intelligent decision. The -- I believe that the reason that all the amendments and all the changes that we got passed last year were due to the good job, and I have to say our City Manager and his assistants, they did a great job going to every single radio station and explaining to the people the reason why we needed the bond and the reason why we needed the changes that were passed in the past election, so I definitely agree with you, Commissioner Winton. Then, if we're going to do this again this year, we need to make sure that we have a program on promoting these and explaining to the voters what we're doing and why we're doing it and, you know -- and let them then decide, but we need to really provide them with enough information so they can make an intelligent decision. Vice Chairman Winton: And by the way, I made a commitment that I'm going to bring this back every single year that I'm here; every single year until, hopefully, it passes so that we continue to get more and more opportunity to educate people, as opposed to waiting every five or ten years and everybody forgets and just remembers, "Oh, you politicians, you stink. You're not even worth five thousand dollars ($5,000.00), never mind sixty or seventy, so I'm going to come back every year. Chairman Regalado: OK. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION 02-742 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT(S) TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 5, 2002, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND THE COMPENSATION FOR ELECTED CITY COMMISSIONERS. 124 June 27, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 16. DECLARE PROPERTIES LOCATED AT 3648 OAK AVENUE AND 3658 FROW AVENUE AS SURPLUS PROPERTIES AND CONVEYING SAID PROPERTIES TO COLLINS CENTER FOR PUBLIC POLICY; RESCIND PRIOR RESOLUTION WHICH HAD GRANTED WIND AND RAIN CERTAIN RIGHTS CONCERNING PROPERTY AT 3648 OAK AVENUE. Chairman Regalado: B, Item B. Vice Chairman Winton: The City Miami owns two properties in the West Grove, one is at 3648 Oak Avenue and one is at 3658 Frow Avenue, and I would like to have these properties declared -- these are single-family lots, and I would like to have them declared surplus and convey title to these properties to the Collins Center for Public Policy. The Collins Center for Public Policy is leading -- it's kind of the lead entity that's helping us put together the Coconut Grove collaborative, which is bringing together entities like the University of Miami, the Collins Center, LISC (Local Initiative Support Corporation), a whole host of different entities and organizations to do a -- to put together a concertive plan to address every single issue that we have in the West Grove that will allow us to make the West Grove just as successful a neighborhood for the African-American community in Coconut Grove as we have for the rest of the community in Coconut Grove, and this is the first time we've ever seen such a concerted broad coalition of real experts coming to the table to form this collaborative, and the Collins Center for Public Policy already has a separate entity that can take in this land, and one of the key -- not one of the -- a key component of this collaborative is to identify ways that we can continue to provide affordable housing in the West Grove. That's a crucial, crucial issue, and so the Collin Center already has a foundation that can accept land, and the Collin Center would be essentially the caretaker until such time as we can get these sites developed for affordable housing, and we're going to look at other signs. There's an effort afoot to try to find additional land that could be purchased by this whole group, as well, but again, the intent is to get as much vacant land as we can so that we can create affordable housing in the West Grove and not just have a continued escalation that doesn't create an affordable level of housing -- Chairman Regalado: Johnny -- 125 June 27, 2002 Vice Chairman Winton: -- and I think that the management's going to have some comments, as well. Chairman Regalado: Johnny, what is it now -- Vice Chairman Winton: Yes. Chairman Regalado: What is it there now? I mean, is it a building or an empty lot or what? Vice Chairman Winton: No, these are vacant lots. There's no buildings on them, just -- Chairman Regalado: I would suggest -- and, of course, I would support the -- but I would suggest that you amend the resolution requesting that the -- either the Collins Center or the City will place a very visible -- not billboard, mind you, but -- Vice Chairman Winton: Sign. Chairman Regalado: -- sign saying this lot has been donated by the City of Miami to the Collins for affordable housing as part of -- Vice Chairman Winton: Great idea. Chairman Regalado: -- the, you know, Coconut -- West Grove, because it's important. I mean, they may get to it in six months, but meanwhile -- Vice Chairman Winton: Great idea. Chairman Regalado: -- the people is -- Vice Chairman Winton: That's a great idea. Chairman Regalado: OK. Vice Chairman Winton: That's a great idea, so so moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and -- Vice Chairman Winton: And management has comments. Laura L. Billberry (Assistant Director Asset Management): If I could -- Lori Billberry, Asset Management, if I could just ask for clarification in conveying this. Generally, we do ask that they provide evidence that they will be able to build the housing before actually transferring title if that is a part of your motion, and also if we could rescind the resolution that previously granted 126 June 27, 2002 rights to Wind and Rain for 3648 Oak Avenue so that we can just formally take care of that. They have indicated that they are no longer interested -- Vice Chairman Winton: And I think both of those are reasonable requests and requirements, so I have no problem with that. Chairman Regalado: What do you want to do first, rescind the resolution? Ms. Billberry: Can it be on one resolution? Vice Chairman Winton: So we need to rescind the resolution first? Alejandro Vilarello (City Attorney): We're rescinding a resolution, which granted certain rights to someone. Ms. Billberry: To wind and rain. Mr. Vilarello: I prefer to have it on the agenda and a notice to that, even though they've expressed, you know, a desire to relinquish -- Vice Chairman Winton: Well, this isn't an emergency, so if you have that preference, we'll bring it back, I have no problem at all. Mr. Vilarello: And we'll prepare the resolution. We'll place it on your blue pages for the next meeting. Chairman Regalado: But you want to vote on the intent of donating that to the Collins? Vice Chairman Winton: I don't think so, I think Mr. Vilarello: That could be a motion, that's fine. Vice Chairman Winton: Oh, it could? OK, so I guess the City Attorney says we could do it as an intent, but we want to go through all the appropriate processes and the City Manager will bring back the appropriate resolutions then. Chairman Regalado: OK. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Thank you. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-743 127 June 27, 2002 A MOTION DECLARING THE PROPERTIES LOCATED AT 3648 OAK AVENUE AND 3658 FROW AVENUE AS SURPLUS PROPERTIES AND CONVEYING SAID PROPERTIES TO THE COLLINS CENTER FOR PUBLIC POLICY SUBJECT TO HAVING EVIDENCE PROVIDED TO THE CITY BY COLLINS CENTER FOR PUBLIC POLICY THAT IT IS ABLE TO DEVELOP SAID PROPERTIES; FURTHER DIRECTING THAT EITHER THE COLLINS CENTER OR THE CITY PLACE A VISIBLE SIGN ON THESE PROPERTIES INDICATING THAT THESE PROPERTIES HAVE BEEN DONATED BY THE CITY OF MIAMI TO THE COLLINS CENTER FOR AFFORDABLE HOUSING; FURTHER RESCINDING, IN PRINCIPLE, PRIOR RESOLUTION WHICH HAD GRANTED WIND AND RAIN CERTAIN RIGHTS CONCERNING PROPERTY AT 3648 OAK AVENUE. 128 June 27, 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. 17. DIRECT TO CITY CLERK TO SCHEDULE SECOND READING ORDINANCE TO REORGANIZE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) BOARD ON E JULY 25, 2002 COMMISSION MEETING AGENDA. Chairman Regalado: Commissioner Sanchez. Vice Chairman Winton: And I have one more question, and that is that-- Commissioner Teele might have the answer to this. We voted sometime ago on a resolution first reading to reorganize the board of MSEA (Miami Sports & Exhibition Authority) it was on the agenda I think at the last Commission meeting, and it got pulled, and it isn't here at this Commission meeting so, I just wanted to know where this whole thing is. Commissioner Teele: Commissioner, what I was hoping is that MSEA staff and the Manager would meet, and I've been encouraging that. In fact, agenda item 25 today talks about the strategic plan framework of the City and I had again inserted that through your Chief -of -Staff, Mr. Manager, the discussion that we should do that. It's my intent, first and foremost, that the MSEA Executive Director and the Manager see if we can come closer together on that. I'll be more than happy to request the Clerk to schedule this for a vote on the-- what is that, the 25th of July? Vice Chairman Winton: OK. Commissioner Teele: And thank you for reminding me. Vice Chairman Winton: Thank you. Commissioner Teele: Thank you. 129 June 27, 2002 18. DIRECT MANAGER TO MEET WITH PROMOTERS OF DOWNTOWN'S HOLIDAY VILLAGE TO COME UP WITH REASONABLE DOLLAR AMOUNT FOR WAIVER OF FIRE AND POLICE FEES FOR THIS EVENT AND INSTRUCT MANAGER TO COME BACK TO COMMISSION FOR FINAL CONSIDERATION. Chairman Regalado: OK. Commissioner Sanchez, do you have anything? Commissioner Sanchez: Mr. Chairman, I have none. Chairman Regalado: OK. I have several items and some of them I'm going to defer, but I do have something that I think is important for the members of the board and the manager and staff to see. It's a presentation concerning the Downtowns of Holiday Village. They the group that is here today. went before Bayfront Trust chaired by Commissioner Sanchez. These are the same group that did the haunted house back in October of last year, so they already have a deal but the City was so eager in doing something in downtown Miami on the 31st that I guess thatI followed Bayfront Trust and welcome they are idea and their plan and their here before the City Commission to explain to us what this is all about and then we can decide the level of support. I might also like to mention that there is another parallel plan, The Mega Concert that the organizers are here too. They will not make a presentation today because they need to try to get an appointment to see all the members of the Commission before we do this. So, I don't know it-- Nelson are you ready or I think we should, and this is not going to be long believe me, but if anybody can dim the lights and then we can start the presentation. Nelson Albareda: I need to make sure the laptop is off and then turn it on while the projectors are done. I'll go ahead and do an intro to our company just so you guys know who we are. Our company's title is Unipro Group. Chairman Regalado: Your name? Mr. Albareda: Excuse me? My name is Nelson Albareda, and I'm with Unipro Group and the other party the person who will be doing the presentation with me is Jose Marban who is also with Unipro Group. We are an event marketing logistics and promotion entertaining group and our background, we are national US Hispanics and in Miami one of our divisions are event marketing and entertainment division does all types of properties for the community not necessarily just Hispanic. Chairman Regalado: Your address? Mr. Albareda: My address is 5900 Southwest 13th Terrance. Chairman Regalado: OK, go ahead. Mr. Albareda: We're here before you today to present a project called Downtown Holiday Village. Our company has two other entertainment projects that we do currently right now within the City of Miami, and one of those is America's Birthday Bash which is the official City 130 June 27, 2002 of Miami 4th of July event at the Bayfront Park Management Trust, and the other one is the House of Terror Amusement Park, which is at Bicentennial Park, both generating revenue for the City of Miami. Double click on that. As I explained to you we'll go over the overview and concept of what the Holiday Village is and in the marketing community and economic impact that this will have on community. These are just the two events that I just mentioned that we currently do within the City of Miami. Both projects located in the downtown area, House of Terror, Bicentenial and America's Birthday Bash at Bayfront Park. Chairman Regalado: Which is next week. Mr. Albareda: Correct, and that is a project that we're working on the City long term five years in developing that to be a real community-based activity at the 4th of July celebration. Downtown Holiday Village at Bayfront Park, what it, is basically a holiday theme park offering South Florida residents and visitors the opportunity to visit downtown Miami give them a reason to visit it while creating a complete seasonal theme park. This park would include amusement entertainment, community and cultural elements. The park will be at Bayfront Park using all of the facilities except the amphitheatre leaving the amphitheater open for other promoters to come in and do activities, and this will be run from November 29th which is the Friday after Thanksgiving through January 5th. Thirty-eight operational days and expected attendance of over two hundred thousand. Realizing that it's called holiday in order to include all different ethnic groups within those dates; there's Hanukkah, Kwanzaa, and we close right before Three Kings Day. The Holiday Village will have approximately 110 feet Christmas tree, which will be the tallest in the US as of right now, an ice skating ring a Holiday Village which you'll see a artistic rendering after, a lot of (UNINTELLIGIBLE) -- a lot of community involvement, amusement rides. We'll have a tree lighting celebration, midway games, amusement rides and food vendors throughout. The interesting thing about this project that we've created with Downtowns Holiday Village is that it will be free admission, making it economic feasible product trials at a higher rate further encouraging attendance since there is actually no admission fee to enter the park grounds, and further encouraging attendance by families. Again, Downtown Holiday Village will be a family oriented event. It will offer the opportunity to attract both day and night time visitors to the downtown area. The cross promotional opportunities with downtown merchants, hotels and the surrounding areas of the downtown areas are unlimited and it'll be very community target, even though the product will be from a production standpoint a first class event and the marketing as well, make it very community target so it reflects the community and also gets all different community groups involved. Right now there's many cities that have major holiday events in the downtown areas so it's not reinventing the wheel. It's getting the property we have and growing it. Some of these cities: Austin, Chicago, Dallas, Denver, Hong Kong, Newark, New York City all celebrate major holiday events in downtown areas. This is a logo prototype. A logo will be competed within the next two weeks. Very important to the Commission to understand that downtown is an essential part of name of the project further every time we do anything marketing as we continue to brand it, it will be branded as Downtowns Holiday Villiage, further marketing the downtown area. I would like to turn it over now to Jose Marban who will give you an explanation of the park layout. This is an artistic rendering of what the park layout will be as. 131 June 27, 2002 Jose Marban: Good afternoon my name is Jose Marban I reside at 7803 North Waterway Drive that's Miami. As you see in here, just to give you a little idea where we stand at, this is the water. Biscayne Boulevard on the top as you enter in the upper part you actually will be entering to a village all Christmas decorated, which you'll see in a which rendition is coming right after this. The purpose of this is to make this family friendly to try to bring in the family not only the higher income but also the low-income people that can participate and enjoy this without having to contribute any money. As you enter the village, you are going to find standing on the left hand side, it's going to be rides which the kids -- both, that they are going to have to pay for it, be for adults and teenagers. On the opposite side, it's going to be kiddie rides. At the end of the entryway, you're going to find, which is right here, it's going to be an ice skating rink, which people will be able to participate and have the pleasure of actually skating in the skating rink area. As you see in the -- Chairman Regalado: Jose, Jose? Mr. Marban: I'm sorry on the stage right on the upper left-hand corner we are going to try and bring in different community acts from all the different areas in the City so that everybody can participate and be able to enjoy the park, also we are going to have churches as well as institutions from the community participate. The tree, as Nelson mentioned, is right here, it's going to be a natural live tree, which is going to be mounted, hopefully over the fountain. This tree is going to be fully lighten, it's going to have a tremendous scan as far as location, because as you see the bay you are going to be able to see the biggest tree that's ever be put in Miami. In this back area here, were going to like an open circus; jugglers; attractions, again for the family, and in order to actually tie it in with Bayside, we are going to have arts and crafts through the walkway connecting with Bayside. Again, this is really to try to put the downtown area as Nelson says, give them a real kick as far as trying to have Christmas bring tourism which we already have contacted the different organizations. The hotel industry. They were very positive about it because it's going to draw tremendous traffic. We are planning to do association with the radio stations as well as Univision they are all affiliated with us. They're committed to this project. We got all the stations from HBC, we have Univision and we have the cable, what's the cable from? I forget the name of the cable company, but anyway -- Mr. Albareda: Will go over that in a second. Mr. Marban: OK. This is a rendition what you see in there is actually its really little town of Christmas dressed up all lighted, it's all three dimensional. So it's not like you'll see a facade, just painted, this is all three dimensional and people will be able to walk through as I said before at no charge, and so basically we're very enthused about it. We think it's going to add tremendous traffic to the area. Its going to be a wonderful park for the City and for our community and I think its going to compliment the emptiness that we presently have with the Orange Bowl Parade which again I'm sure that something else will come along, but this will add a very good, positive side to the community, ... Chairman Regalado: How big is the Christmas tree? Mr. Albareda: A hundrend and ten feet. Again because it is a live tree -- 132 June 27, 2002 Chairman Regalado: It would be visible from Fisher Island, Miami Beach? Mr. Albareda: I don't know necessarily the visibility, but it should be visible from -- Chairman Regalado: No, I'm just saying a hundred and ten feet is a lot of -- Mr. Albareda: And it'll be placed on top of the fountain as it is now pending engineerial plans structured. Commissioner Sanchez: Once again it's like the fire, it's going to be a big tree. Mr. Albareda: Yeah, and this Village is being built on our own production lots by our own carpenters, electricians. We have our own staff that has already almost completed the Village. Commissioner Sanchez: I am curious it would be the largest tree in South Florida? Mr. Albareda: It would be the largest tree as of right now, probably in the country. The Rockefeller tree is approximately between 80 to 85 feet. Obviously, because these are live trees, it fluctuates and I can probably give you an update in about thirty days of the actual tree that is chosen, but that's what the plans are for now and the contract that we've going on with this tree. I'd like to focus a little bit on the marketing impact. Due to the strong marketing background of our company, the marketing budget that has been set aside for Downtowns Holiday Village, and using the last years House of Terror marketing success. We are estimating that the marketing impact that project will have on the downtown area as a result of the event and the branding will be in excess of one million dollars ($1,000,000). Currently our marketing mix includes radio, which involves Hispanic radio general market radio urban radio and Haitian radio reflecting the needs of our community and the mix. Outdoor billboards and banners, television, print, nontraditional vehicles and promotional programs that we are working out of the market with radio stations and other markets we will be giving away fly away programs where we promote downtown Holiday Village in Miami and other radio stations in other markets. As of right now, we have secured exclusive promotional partners which means that we would be the exclusive holiday event in the South Florida market, not just within the City of Miami with The Miami Herald El Nuevo Herald and Street, Univision and a Hispanic Broadcasting Corporation which owns four radio properties in Miami that's AMOR 107.5, SALSA 98, Radio Miami and WQBA. So, these are exclusives under contract as well. We have pending media programs with UPN, FOX television, Beasley Radio Group, Cox Radio Group and Clear Channel Radio Group, all of which were partners with the House of Terror amusement park last year. So, the promotional program and marketing pushed behind us we will definitely be there. In addition to that, we have secured with a major QSR or a fast food chain a sponsorship program. This will be tri - county so this fast food retail outlet in all stores in Dade, Monroe and Broward will carry tray liners, coupons with purchase and this has proven to be one of the major fast food outlets has proven to be very successful in driving traffic to these events across the country and including House of Terror. Public relations benefits, we have internal PR persons as well as an outside firm. We expect local, regional and national coverage of this due to the fact of the tree and other angles that we will. Perfect example is this last year House of Terror amusement park in Miami 133 June 27, 2002 was voted by USA Today as one of the top ten events to spend Halloween in the county. So, we expect the same type of reception if not bigger of course, to this program. On the community impact side, this program, an event will bridge the community, offer cross -culture experiences by you know, at the stage and the other activities that we will have within the park, offer community groups of all different types of diversity opportunity to participate; again, just some of the examples of groups that we will have involved with this. On another side of the community impact one of the issues that we want to carry out throughout the years, in our long-term vision with this is to be able to bring all types of holiday events throughout the City, not just in Bayfront Park together. A perfect example of this will be we will have a supplement that will be a full run circulation in The Miami Herald, El Nuevo Herald the Sunday before Thanksgiving with a five hundred thousand run where we will offer the City space and the supplement to promote other activities that are happening within each Commissioner's districts and around the area to promote holiday activities making this guide throughout the years to become like a holiday guide to the City. Additional benefits and this is just one of the (UNINTELLIGIBLE) that we can talk about right now is to promote transit to the park as well as other activities throughout parks. Dade county public school involvement as well as a lighten display with high schools which will be available for lighting for lighting and available at the park. And again community involvement with groups, choirs so you have the marketing impact on the market and other markets outside promoting downtown Miami and you also have a community impact. When we talk about economic impact to the market and to the City, this will position downtown Miami as a whole as the destination for the holidays as a period when downtown because of its location and time of the year its slow with traffic, additional dollars to downtown merchants and hotels because of traffic flow, parking revenue both to the City or authorities and as well as private sectors, provide hundreds of seasonal jobs added traffic to downtown and surrounding areas and provide a revenue to the Bayfront Park and City through use of the park for this event. It's very important that we with this program make sure we do very community based activities where all the surrounding areas to the park get involved with this project. We have a long-term commitment as far as the economic site to this project with a minimum five-year capital investment in the project. Our year one investment is estimated at over three million dollars. All funded privately and our year two to five estimated investment of an additional one million capital improvements in equipment and production. Ours is a long-term relationship with the City of Miami and the Bayfront Park Management Trust in making sure that we create a destination out of downtown. In addition to that, what we'd like to do is make sure that as the years go on the park becomes kind of the center of activities in downtown Miami and we go on to Flagler and there are talks already with DMP (Downtown Miami Partnership) and DDA (Downtown Development Authority) in seeing how we can outreach to Flagler and kind of create the synergy where the park becomes a center of attractions for downtown area. Any questions at this time? Chairman Regalado: No, I just want to mention that the manager has requested that we bring back the dollar figures on July 9th for the City Commission meeting because we do need to revisit the estimates that were made in terms of in-kind services. So, were not going to take any action now unless the members of the City Commission wish to support this project without the numbers that will be done by the manager and -- Commissioner Sanchez: Mr. Chairman. 134 June 27, 2002 Chairman Regalado: Yes. Commissioner Sanchez: I would just like to know the ballpark figure the amount that they're asking for. Chairman Regalado: We don't have that because the manager just requested to revise the figure. In fact, the figures that have been offered now are too high and at the beginning were extremely high, and they were revised brought down because of some technical thing, and it would not do any favor to the project to talk about figures at this moment Commissioner Sanchez: But the assistance that they are asking to narrow it down are pertaining to City services. Chairman Regalado: Police and fire. Mr. Albareda: Yeah. I mean, this project is estimated at three million dollars -- Chairman Regalado: No, no. Mr. Albareda: --all privately funded. The only thing we are requesting is Fire and Police. Commissioner Sanchez: How much are you putting into this project as the promoter or as the organizer of this event? Mr. Albareda: To the tune right now, the budget is three million dollars, estimated. Commissioner Sanchez: Three million dollars estimated. Chairman Regalado: OK. Do you wish to take any action, intend to support this or do you want to wait for the manager? This has nothing -- Commissioner Sanchez: I'd like to get some recommendation from the City Manager, but I'll tell you this much. We are right now looking at putting together since the parade is gone, and we are putting together what we consider being a great event for not only the citizens of Miami, but the ... of Dade County, and of course, people that come to our City to visit, to participate in this to put together an event that we can all be proud of and this is one of the projects that we have that so far has taken the lead. Now, of course, we're working with the DDA and we're going to be working with the CRA (Community Redevelopment Agency) and working with everyone out there to try to create what we consider not a parade but something similar to a parade and we have the Mayor on board and we've put together a committee which each and everyone of you are appointed to, to work at. I would like to get of course some numbers from the administration as to what we can afford to help this out but I'm telling you I know the concept Bayfront Park is supporting it, I'm prepared to support it but I need to see some numbers. Chairman Regalado: OK. 135 June 27, 2002 Mr. Albareda: Again, sorry for interrupting, Mr. Chairman. We have entered an agreement with Bayfront Park where there is revenue. Chairman Regalado: A point of clarification. This is a separate project to what you have seen published in the press in terms of the mega -concert and all that. This is something different from the concert. It was planned many months ago, but it will be a compliment to whatever this committee that the City Commission, so -- what we're going to do is, we are going to do this in July. Commissioner Teele: Mr. Chairman, can I just get one clarification? Chairman Regalado: Sure. Commissioner Teele: Two. What would be the duration time, the starting and the ending time of this? Mr. Albareda: This program will start, the event will start on November 29th which is the Friday after Thanksgiving and run through January 5 a Sunday, its 38 operational days, and it will complement what other event the City puts together for New Years. Commissioner Teele: Mr. Chairman, the request again is regarding Police and Fire. Chairman Regalado: Only. Commissioner Teele: Would that be a loan or would that be a grant or -- Chairman Regalado: A grant. They're requesting a grant. Commissioner Teele: But we have no idea of what it is? Chairman Regalado: We don't. Commissioner Teele: But would there be revenues at the end of this? Chairman Regalado: For Bayfront Trust. Commissioner Teele: For the promoter and Bayfront Trust. Commissioner Sanchez: Yes. Mr. Albareda: Yes sir. We have already entered into a contract similar to contracts that we do for other events like the House of Terror Bicentennial where there's in-kind services by the park and we actually pay the park fees as any normal promoter would for use of the facility. Commissioner Teele: But the Police and Fire would be paid for by the citizens? 136 June 27, 2002 Commissioner Sanchez: That's solid waste pick-up. Chairman Regalado: Yes. Mr. Albareda: Actually solid waste has not been considered. Commissioner Sanchez: Its just Police and Fire? Mr. Albareda: Correct. Commissioner Teele: As I said this morning, Mr. Chairman, I think it's really important that we as Commissioners stop complaining about the budget process that we have created or that was created and not really dealt with, and I really think it's important that we structurally build our Police and Fire budget to provide for the good citizens and the good services and the good things. This seems to be the kind of thing I would support in principle, but again, it just shows that the kids that are law abiding, the kids that just want to go out and have some fun and do the kind of things, you know they get very few services from our Police and Fire department. I mean you know, I know we have the horses and people get to feed the horse the carrot and the apple and all of that, but we really ought to make available for certain activities that the management initially recommends to us with some limitation on it, and as I keep saying the budget of the Police department is some number upward of one hundred thirty million dollars and there ought to be a budget in there whether it be one million or half a million or four million dollars. There ought to be a number in that budget to provide for services for the good citizens and the law abiding citizens who are not necessarily exercising their constitutional right under free speech. Now, we all recognize that free speech is outside of the budget. I mean, that's sort of a public safety issue, but if there's going to be an event like this or Three Kings Parade or Martin Luther King Parade, we always make the people come down and it gives the public a sense that we're giving away their money when in fact, we're not given away their money we're only making this a livable, usable community, so I'm not sure, I think you all ought to get a hundred percent subsidy. I mean, I'd like to see what the numbers are and especially if you are going to make money on it, and I would assume that you wouldn't -- Mr. Albareda: Right again with the concept of last year just to take an example of an event that we've done with the City actually with the Trust like the House of Terror where we financed a hundred percent, just like we are close to actually financing a hundred percent of this project. There were no City services and it was a fun event and the community benefited. Again, this is the same thing within this we feel that the contribution that this is going to have downtown area and the community both, through the marketing and the economic and the community base that it merits the City's involvement. So if you really look at the budget, I don't have the numbers but I'm sure it would be somewhere between ninety-five and ninety-nine percent privately fund is what we're asking for. Commissioner Sanchez: But nobody's disputing that. Mr. Albareda: I know, but I am just --- 137 June 27, 2002 Commissioner Sanchez: We all realize that it's going to bring a revenue to downtown and this is something you know it's, going to be good for our downtown especially, you know, right now the only event for a Christmas celebration is the Santa's Enchanted Forrest. We would feel proud to have something in out City where our residents could go to and enjoy. I mean, we're talking about promoting downtown and bringing people to downtown. We have a wonderful facility, so there's no one disputing that, we just -- I tell you what, I'm prepared to make a motion to have the administration sit down with you and the promoters and come back with a reasonable solution a dollar amount so we can vote on the issue. Right now, the concern that I have is that once again, I have a policy that I don't vote on anything that has a blank dollar amount on it. Mr. Albareda: I can understand that. Commissioner Sanchez: I support the concept. I supported it as the Chairman of Bayfront Park I think it's going to be great, but you know I think that the Commissioners here feel the same way. So, the motion is to have the City Manager Commissioner Teele: Second. Commissioner Sanchez: Sit down with you and come up with the number that's you know acceptable with the both of you and come back and bring it to the legislative body for final approval. Mr. Albareda: OK. Chairman Regalado: OK. We'll have it again on July the 9th. 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 for its adoption: MOTION 02-744 A MOTION DECLARING THE PROPERTIES LOCATED AT 3648 OAK AVENUE AND 3658 FROW AVENUE AS SURPLUS PROPERTIES AND CONVEYING SAID PROPERTIES TO THE COLLINS CENTER FOR PUBLIC POLICY SUBJECT TO HAVING EVIDENCE PROVIDED TO THE CITY BY COLLINS CENTER FOR PUBLIC POLICY THAT IT IS ABLE TO DEVELOP SAID PROPERTIES; FURTHER DIRECTING THAT EITHER THE COLLINS CENTER OR THE CITY PLACE A VISIBLE SIGN ON THESE PROPERTIES INDICATING THAT THESE PROPERTIES HAVE BEEN DONATED BY THE CITY OF MIAMI TO THE COLLINS CENTER FOR AFFORDABLE HOUSING; FURTHER RESCINDING, IN PRINCIPLE, 138 June 27, 2002 PRIOR RESOLUTION WHICH HAD GRANTED WIND AND RAIN CERTAIN RIGHTS CONCERNING PROPERTY AT 3648 OAK AVENUE. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: It passes. July the 9th Carlos A. Gimenez (City Manager): Mr. Chairman, on this issue, I'd just like to clarify. We're in favor of this project and the concept, and all that these are are just some operational issues that I have got to deal with in my own departments before I bring it back to you, and then you'll have a number. Chairman Regalado: On July the 9th, we are going also to have a presentation on what wouldn't be a mega concert, but the members of this group, which is another group, are trying to get an appointment with all members of the Commission before this presentation, so we'll know what is this about. Commissioner Winton: Mr. Chairman, I had a brief presentation from the other group this morning at the lunch break and I had a presentation from them in my office yesterday, and there's a lot of overlap, so I was totally confused. I couldn't figure out who was on first and who was doing what. Chairman Regalado: No, this is already set. This is ready to go. The other group is presenting something to the City, which will complement or will be in lieu of the parade, a multi -national, multi -race -- Commissioner Winton: OK. They have a number of components in their current proposal that overlaps with what's going on, so I guess -- Chairman Regalado: Right, and that is why it was recommended by the Mayor when they spoke to me, because they work in the radio, so I had the first contact with them. I recommended to meet with all the Commissioners because you would have that same comments and other members of the Commission -- some members of the Commision would have some issues that needed to be discussed and instead of prolonging the presentation, I would think that it's much better that they meet with Commissioners and then do the presentation, and then you all will 139 June 27, 2002 make a decision on what we're going to do, plus, of course, the committee that was appointed by the City Commission, so thank you very much. Commissioner Sanchez: Thank you, very much. Mr. Albareda: Thank you, very much. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. 19. DIRECT MANAGER TO SCHEDULE FOR JULY 9, 2002 COMMISSION MEETING RECOMMENDATION FOR OMBUDSMAN THAT WOULD PROVIDE ASSISTANCE TO EACH PERSON THAT HAS BEEN AFFECTED BY SINGLE FAMILY REHABILITATION PROGRAM; MANAGER TO IDENTIFY COMMUNITY DEVELOPMENT FUNDS, GENERAL FUNDS OR PROGRAM INCOME FUNDS FOR SAID OMBUDSMAN. (See #9). Chairman Regalado: I'm going to defer for later on all the items. We have Commissioner Teele, we have a time certain and we're sorry we're a little late on CRA 5 o'clock, you want to do this now? We have, the Mayor is requesting also to be here for the strategic plan, but he's willing to wait. Commissioner Teele: Mr. Chairman, I think that we should deal with the things that involve the most of the public as a priority, and I know we got a zoning agenda. Chairman Regalado: We have a zoning agenda and we have a time certain for 6:00 p.m., which will bring, I'm sure, several residents. Also, we had a deferral requested by two attorneys that were here and they are not here anymore, but -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes. Commissioner Teele: I would like to just see if I can get clarified from you, as Chairman, or the Manager. We went until 1:30 or so what time did we leave Winton? Was it 1:30 or 1:50? Commissioner Winton: 1:45. Commissioner Teele: One thirty-ish on the item before we broke for lunch. Chairman Regalado: Right. Commissioner Teele: Did we ever bring any closure to that item? 140 June 27, 2002 Carlos A. Giminez (City Manager): No. Commissioner Teele: OK. Well, I must say, I think, in fairness to the citizens that came here, and to the Commission -- and I want to express my appreciation to my colleagues that maintained decorum through this very long process -- that we do need to bring some closure to this today or at least some preliminary closure before we leave. I don't want to do it right now, but I really do think that the Manager should hear. The one thing that came out of all of this, if there's a pony in there somewhere, so to speak, is that everybody, even the people who had had horrible experiences believed that the program is a good program, and it should not be abolished. I think that's something that we should not lose sight of in the context of this difficult situation. I also want to put in a broader context, Mr. Manager, that I don't hold the staff personally responsible. I think we have a system and an institutional breakdown. I think a lot of things have gone wrong here, and I don't want to demoralize the Acting Directing and in particular, Mr. Hepburn and the inspectors that are trying to do a good job or trying to do a job and it was very clear to me, not withstanding the horrible, horrible parade of testimony that there are some good people in the department who are trying to do the right thing. I would like to request for the meeting of the ninth a recommendation from the staff, and I would like for the privilege of moving a motion to request the Manager to come back with an ombudsman that would provide specific assistance to each and every person that has been affected, and that that ombudsman would be a community-based organization that has a significant track record in doing the kind of work that has been done, that is pulling permits and making improvements, and doing the kinds of services as well as working with the public. Further, that a letter be prepared within 60 days to each and every person that appeared, here and that was affected offering our sincere concerns and regrets about the program and at a minimum, that letter be an individual letter not a dear citizen or a dear affected, but an individual letter that is signed by those elected officials that would desire to have their name on that letter. You all need to come up with a grid as to how it will be done, but I can tell you right now that I would hope that the Mayor would attach his name to every letter, and I intend to attach my name to every letter that I am given the opportunity for. I don't think this is about a district I think this is really about a program, and in that regard, I would hope that the ombudsman would be able to provide assistance in the preparation of each of those letters over the next sixty (60) days or so that they can go out, and in particular in the motion, I am asking that we identify funds whether they be Community Development funds or general funds or what's the other term you have in CD (Community Development) Income, Program Income Funds for a single entity that has done this, that has had this experience before, and I say for one I don't know anybody in District 5 that has this kind of experience. I'm not proud to say that, so I'm just putting that on the record, but I don't think this should be one for every district, I mean, I respect the people that spoke, we need the best entity-- that entity should be required to work with other CBOs and Community-based Organizations, and I think you know, we need to get that recommendation and the funding source, and I think the most important thing that we can do, other than asking the Manager to do his job and I think that it's pretty clear, we don't need to beat up on the Manager. I don't intend on this issue at all, it's pretty clear, its pretty graphic. The most important thing I think we can do now is to give each of the affected people an ombudsman or someone they can talk to that's close to the City that's not a part of the city so that we're not getting a muffled and a screened message. We need to hear very clearly and unambiguously from them, and I would so move that the Manager be requested to come back with a recommendation of a single entity that has had this kind of, you know, 141 June 27, 2002 experience maybe in the facade programs or some of these other programs for a single entity and identify the funding, including an individual letter that will be prepared and sent to them within 60 days with those elected officials attaching their signatures to the individual letters that may choose to do so. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 142 June 27, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION 02-745 A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE FOR THE JULY 9, 2002 COMMISSION MEETING A RECOMMENDATION FOR AN OMBUDSMAN THAT WOULD PROVIDE SPECIFIC ASSISTANCE TO EACH PERSON THAT HAS BEEN AFFECTED BY THE SINGLE FAMILY REHABILITATION PROGRAM AND THAT SAID OMBUDSMAN BE FROM A COMMUNITY BASED ORGANIZATION THAT HAS A SIGNIFICANT TRACK RECORD IN DOING THE KIND OF WORK THAT IS REQUIRED, (I.E. PULLING PERMITS, MAKING IMPROVEMENTS, ETC.), AS WELL AS WORKING WITH THE PUBLIC; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY COMMUNITY DEVELOPMENT FUNDS, GENERAL FUNDS OR PROGRAM INCOME FUNDS FOR SAID OMBUDSMAN; FURTHER DIRECTING THAT A LETTER BE PREPARED, WITHIN 60 DAYS, FOR EACH PERSON THAT APPEARED AT TODAY'S COMMISSION MEETING CONCERNING THIS ISSUE OFFERING THE COMMISSION'S SINCERE CONCERNS AND REGRETS ABOUT THE PROGRAM, WITH EACH SAID INDIVIDUAL NON -GENERIC LETTER TO BE SIGNED BY THOSE ELECTED OFFICIALS WHO WOULD DESIRE TO HAVE THEIR NAME ON THAT LETTER; FURTHER REQUESTING THAT THE OMBUDSMAN PROVIDE ASSISTANCE IN THE PREPARATION OF THESE LETTERS. 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. 143 June 27, 2002 20. DEFER CONSIDERATION OF AGENDA ITEM PZ -25 UNTIL 6:30 P.M.; CONTINUE CONSIDERATION OF AGENDA ITEMS PZ -9 AND PZ -24 TO COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 2002; SUGGESTION BY MR. JORGE LOPEZ TO CONTINUE AGENDA ITEM PZ -3 (RACEWORKS) TO COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 9, 2002. Chairman Regalado: OK. We have a request from the Mayor to present his strategic plan, but we also have members of the public who wish to speak. Ringo, you also have something else that you wanted to present. But I first thought -- I just want to know, so we don't make people wait. Item PZ -25 is a time certain for 6 p.m. This is the Coral Station at Brickell Project. I just wanted to know if there are people here for that project. Tory Jacobs: Commissioner, the people are actually very close to something. Chairman Regalado: No problem. It's a time certain at 6. But I just wanted to find out, to see where, you know, where we stand in terms of -- and there is no problem at all. We'll wait for. Mr. Jacobs: They'll be back at 6. Chairman Regalado: No problem. Santiago Echemendia: Mr. Chairman, Santiago Echemendia, on behalf of South Miami Avenue and the Roads. We're still working on the documents. We're very close to having a settlement, but we're probably not going to be ready by 6 o'clock. Chairman Regalado: No problem. Mr. Echemendia: Probably more like 6:30. So I just wanted to let you know. Chairman Regalado: You can comeback around 11:45. We'll be here. Mr. Echemendia: No, 6:30 is fine. 6:30 works. Vice Chairman Winton: We're liable to be here at 1:45 at the rate we're going. Chairman Regalado: I mean, no problem. Take all the time in the world. I just asked, because I'm looking at people that I'm sure want to -- and Commissioner Teele has been very gracious on the CRA (Community Redevelopment Agency). He'd rather have some matters than have people here waiting. So anybody here for zoning, a zoning matter? Anybody here for a zoning matter? Commissioner Sanchez: Let's try to get those out of the way. Chairman Regalado: OK. OK. I just want to find out -- It's the wish of the City Commission to take care of the residents when you show in numbers here. And I don't really know what number you are all here for. Do you have an idea what address? What -- 144 June 27, 2002 (INAUDIBLE COMMENT) Chairman Regalado: 13? Tucker Gibbs: 22. Chairman Regalado: One second, one second, one second. Mr. Echemendia: PZ -1 and 2. Chairman Regalado: PZ -13 -- Oh, it's the tower. Oh, the cell tower. OK. But that, we will wait for Commissioner Teele to be here. Yes, ma'am. (INAUDIBLE COMMENT) Chairman Regalado: 16 -- OK. 42 Northwest 41st Avenue. OK. Mr. Gibbs: And Commissioner, 22. 22. Chairman Regalado: You want to defer something? Mr. Gibbs: Oh, and that's another -- yes. On the Ransom Everglades, I'd like to ask you for a deferral. Vicky Garcia -- I think -- I keep on saying, I think this is going to be the last one. I really believe this will be the last one. Chairman Regalado: Yeah, sure. Mr. Gibbs: Yeah, I know. Vicky Garcia -Toledo may be -- Vice Chairman Winton: You can defer it, and defer it, and defer it. You can come back every time and defer it. We don't care. Mr. Gibbs: Well, I appreciate that. Lourdes Slazyk (Assistant Director, Planning and Zoning): For the record, that was PZ -24 - Mr. Gibbs: 24. But I'm also here on 22. Thank you, Lourdes. Brickell Avenue. Chairman Regalado: OK. So -- yes? (INAUDIBLE COMMENT) Chairman Regalado: PZ -14 is 2415 Northwest 16th Street Road. Do we have people here for that? OK. Mr. Echemendia: Mr. Chairman, I'm here for PZ -1 and 2. But are you asking -- I mean -- 145 June 27, 2002 Chairman Regalado: I'm trying to find out the most -- Mr. Echemendia: If there's a magnitude of people relative to one item, not just one or two people. Chairman Regalado: No, no, right, right. Mr. Echemendia: Right. Chairman Regalado: You know, because we can really do -- but we are trying to accommodate the public. So -- Dena Bianchino (Assistant City Manager): Mr. Chairman. Chairman Regalado: Yes. Ms. Bianchino: We're going to ask for a continuance on PZ -9. Chairman Regalado: OK. Yes, sir. Commissioner Gonzalez: On the PZ, again, that we have deferred PZ -24, and now we are continuing PZ -9? Chairman Regalado: Yes. Commissioner Gonzalez: All right. Alejandro Vilarello (City Attorney): Commissioner, those are being deferred to a specific -- Chairman Regalado: Raceworks. Raceworks. Mr. Vilarello: PZ -24 is being deferred to what date? Lourdes Slazyk (Assistant Director, Planning and Zoning): July 25tH Mr. Vilarello: Thank you, Lourdes. Ms. Slazyk: And PZ -9, also, till July 25tH Vice Chairman Winton: Mr. Chairman, I'm not in a hurry to hear Raceworks. I think there's many other things that we need to hear before we hear Raceworks. Chairman Regalado: No, I just -- I just see him, and I say "Raceworks." Vice Chairman Winton: Right. Chairman Regalado: It's not about Raceworks. 146 June 27, 2002 Vice Chairman Winton: They can be last, as far as I'm concerned. Jorge Lopez: Be happy to do that. Thank you. Chairman Regalado: But you're here for something else? Mr. Lopez: Yeah. PZ -3. Chairman Regalado: PZ -3, right. Vice Chairman Winton: So -- Chairman Regalado: So what Commissioner Teele suggested, and what you all always want to do is to accommodate the number -- the items with more people from the residential areas or different areas of the City so they don't have to wait for a long time. Vice Chairman Winton: I think PZ -22 has people from the neighborhood in it, and PZ -22 should. Chairman Regalado: PZ -22, anybody here for PZ -22? Mr. Gibbs: They're also in the back. I'll get them if you want me to. Vice Chairman Winton: Yeah. Go get them. Mr. Lopez: Mr. Chairman, trying to accommodate for the lengthy agenda, I think counsel for Raceworks and Speedway are willing to, if it's OK with the Commission, to continue our hearing item for possibly the July 9th meeting to facilitate a little bit of -- Vice Chairman Winton: I think this is the perfect meeting to hear PZ -3; just later. Mr. Lopez: Happy to do it. Chairman Regalado: OK. Anyway -- Vice Chairman Winton: We're going to -- Chairman Regalado: We're going to listen to PZ -22, and then we have -- let me see -- then PZ -16 and PZ -17. 41st Avenue, right? 41st Avenue and Flagler. We have people here for that. OK. So what do you want to do, Johnny? Do you want to wait for the people, or do you want to do something else? Vice Chairman Winton: Well, go ahead and do one more, because he's getting the people out of the back room. So do PZ something else real quick. Chairman Regalado: OK. Let's try to do -- 147 June 27, 2002 21. DENY CONSIDERATION OF AMENDING ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY R-3 "MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL" ZONING CLASSIFICATION TO ELIMINATE SPECIAL CONDITIONS RELATED TO CLINICS CONDITIONAL PRINCIPAL USES WITHIN THAT PORTION OF R-3 ALONG BRICKELL AVENUE BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST 26TH ROAD. Chairman Regalado: Let's try to do -- Vice Chairman Winton: They just walked in the door so — They are all here for PZ -22 if you want to do it. Chairman Regalado: Are you guys ready? Vice Chairman Winton: OK. Yes. Chairman Regalado: PZ -22 it's a first reading ordinance that would amend ordinance of 11000 and it's being brought by the City. The Planning and Zoning Department on this page recommends approval with conditions. Vice Chairman Winton: Actually, this was not, and I think you know we cant we as Commissioners cant talk to each other so unfortunately we have to do it in the public and this item I think and I don't think there was -- I know there was no malice intended whatsoever but it was brought actually by Commissioner Gonzalez at a prior meeting and it was introduced late in the evening and I didn't understand what it was and so it came forward and I think what he was trying to do was something good however, where's the rest of the Commissioners? I think there's a very important distinction here and that is, that when there was this discussions about clinics and I thought it was a discussion about clinics kinda citywide and it really turns out it's a discussion about clinics where the geography only fits one clinic. That's a clinic that we had lots of problems that the community has had lots of problems with. That we had great debate at this Commission over and it is one clinic and it's on Brickell in my district, so I would never have brought this issue forward, period. So, it is here now and as I said and I want to say this publicly Commissioner Gonzalez did not do this at all with any malice. It is however here now and we're prepared to deal with it. Commissioner Gonzalez: Commissioner Winton, I want to ratify what you just said my intention or what I requested at the time which was approved and I'm sorry if you were not paying really attention to the issue was just to send back to Planning and Zoning for additional study, that was all. I would not interfere with your decision in your district with your constituents so you know I want that to be clear on the record and there be no confusion. Vice Chairman Winton: And I accept that completely so. Chairman Regalado: OK, but before we start we need to swear the people that are going to participate in this debate might as well if all of you who wants to speak before the Commission 148 June 27, 2002 will stand and raise your hand. All of the people that want to address the Commission and zoning items. Madam City Clerk. Pricilla A. Thompson (City Clerk): Please make sure to raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Regalado: Thank you very much. OK. PZ -22, Lourdes. Lourdes Slayzk (Assistant Director, Planning and Zoning): Thank you. For the record, Lourdes Slayzk, Planning and Zoning Department. PZ -22 is a proposed amendment to the R-3 zoning district classification regarding clinics on Brickell Avenue between Southeast 15th Road and Southeast 26th Road. On March 7th, the City Commission passed a motion instructing the Manager to instruct the Planning and Zoning Department to review the conditions placed on health clinics in the R-3 zoning district, which are specifically on Brickell Avenue between 15th and 26th Road. The department looked at the conditions that were placed on these clinics. First one is that there shall be only one licensed practitioner in the clinic and in addition medical and clerical staff not to exceed three persons in number. Upon reviewing that condition we deem that that condition should remain in the ordinance and it is appropriate. Because of the limitation on the number of staff in this particular location on Brickell Avenue between 15th and 26th Road, this would ensure that no major regional clinics would come into this area. This is a residential area. It's a neighborhood and this will keep the scale of any possible clinic down to something that's appropriate for the Brickell Avenue corridor. Chairman Regalado: Can we get Pidermann, because it's really impossible to hear anything here? Commissioner Gonzalez: It's impossible to conduct two meetings at the same time. Chairman Regalado: OK, go ahead. Ms. Slazyk: Thank you. The second condition that was placed was the clinics here shall be allowed only as adaptive reuses of existing single-family residential structures. This condition we have also found to be appropriate because there are so few remaining single-family structures there. Because the district classification does allow clinics the only way that it could be incorporated in a manner to at least retain the same character on Brickell Avenue, that's there today is if its done in an adaptive reuse of a single-family residence, and not that these residences be torn down to put up something that's very instructional looking, so after looking at that condition we think that that one should also remain and not be eliminated. The third condition was that parking shall be provided on site at the rate of one parking space per 250 square feet of gross floor area. That's also an appropriate parking ratio for a clinic in this zone, so the conclusion when we relooked at all the conditions was that they should remain the same and therefore we recommend denial of this item. 149 June 27, 2002 Chairman Regalado: OK. This is a public hearing. Vice Chairman Winton: No. Is there -- excuse me. I'm sorry. Is there not a typo error in our planning fact sheet? Ms. Slazyk: Yes. We distributed to all of the Commissioners' offices the corrected agenda page and the planning fact sheet. Because the condition because the fact, the analysis had read the conditions should read as -is it was a typographical error and it was interpreted as approval with conditions. It is in fact denial of the item. Vice Chairman Winton: So there was denial from? Ms. Slazyk: Denial from planning advisory board and denial from the planning and zoning department. Vice Chairman Winton: Thank you. Chairman Regalado: OK. This is a public hearing, so anybody from the public, do we have in favor against? Dr. Suarez Menendez, do you want, do you wish to? Go ahead. Your name and address. Dr. Suarez Mendez: Hi. My name is Dr. Suarez Menendez, 1900 Brickell Avenue. Chairman Regalado: Raise the mike. Dr. Mendez: Dr. Suarez Menendez, 1900 Brickell Avenue. The address was given between north, south, east and west have to be exactly my office. And my only point is that has been going on for about 7 years now. I am the only doctor in the City of Miami on R-3 zone that has restrictions and I just feel that that is unfair call it unconstitutional, discriminatory. I am the only doctor as I mentioned on R-3 zone in the City of Miami that has restrictions even though there are doctors on my same block that have their offices in their facilities and I just think that that is very unfair. Thank you. Chairman Regalado: OK, Tucker. Tucker Gibbs: My name is Tucker Gibbs and I'm representing the Brickell Homeowners Association as co -council with Jeffrey Bass of Shubin and Bass, who is not available. Today, I wanted just to say that Brickell Homeowners, the Miami Roads Association, other groups within the area are in support of the City staff's recommendation to deny this. Essentially, you have a department recommendation for denial. You have a Planning Advisory Board; I think it was unanimous recommendation for denial. In addition, the doctor has talked about these restrictions. These restrictions were originally placed in this properties as part of a special exception that this Commission voted on you are certainly allowed under law to put conditions on special exceptions those conditions were put on this special exception for this property. You all also passed legislation to include those kinds of conditions for any other medical facilities 150 June 27, 2002 within this area, which is your right. I, you know, appreciate his legal opinion that's its unconstitutional but this has been to court, as the city will attest. The courts has determined that these are valid conditions that were placed on this property as recently as last November and December and our position is very simple. There have been no changed circumstances since you granted that special exception back in 1997 to warrant any change to your code and our position is that if you do change this, this would be essentially spot zoning. You would be basically ignoring the conditions you placed before and so therefore we would like you all to support your -- or follow the recommendation of your staff, your Planning Advisory Board and vote no and vote to deny this particular amendment. Thank you. Chairman Regalado: One thing that I don't understand and probably is -- Tucker mentioned of spot -zoning. Is this spot -zoning? Ms. Slazyk: No, it's not spot -zoning. Chairman Regalado: Why isn't it? Ms. Slazyk OK. Spot -zoning would be if there were something that a zoning change or a zoning classification placed on a piece of property that was under the size limitations of a stand- alone zoning district and that doesn't apply here. It has nothing to do with spot -zoning. Chairman Regalado: It would not also apply if the Commission were to approve. Ms. Slazyk No. If the Commission would approve this, Dr. Suarez Menendez, Tucker was correct, he came before you for a special exception. Chairman Regalado: No, I understand, but would that be a spot -zoning? Ms. Slazyk No, no. Chairman Regalado: I'm sorry? Mr. Gibbs: I said that's just my opinion I just wanted to assert it for the record. Chairman Regalado: Oh, it's your opinion. OK. Mr. Gibbs: I wanted to assert it for the record, that's all. Chairman Regalado: OK. Chairman Regalado: I wanted to clarify one thing though. The conditions placed on Dr. Suarez Menendez that were part of his special exception would not be eliminated as a result of the passage of this ordinance. Those conditions run with his land according to his special exception so this does not undo anything for his property. He would have to, what this would do it would open up the rest of that R-3 corridor for someone to come in and demolish one of those homes 151 June 27, 2002 and put up a clinic. It could be a regional clinic; it could be something totally out of scale and character with this Brickell Avenue Corridor. Vice Chairman Winton: Commissioners, we -- you know, there are plenty more people here that we could have testify we could get more people here to testify. We've all be except for Commissioner Gonzalez who hasn't had to go through all of this so many times as we have. I think we all understand the issue so and I think that you all understand what everybody that's going to come up here is going to say. I'm not going to put us through that torture. I'm going to suggest that we -- unless there's somebody that's really wants to come up and testify, I am going to suggest we close the public hearing, and I would like to move a motion. Joel E. Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Regalado: Yes. Mr. Maxwell: Before you accept motions, I would suggest that you may want to just inquire as to whether or not there is anyone else who wants to speak in -- of the ordinance. Chairman Regalado: I was going to do exactly that. I was going to ask if anybody else from the public wishes to speak on this matter. If not, then we will close the public hearing (comments translated into Spanish by Ondina Suarez). OK. The public hearing is closed. We move for a motion. Vice Chairman Winton: My motion is to support both the Planning Advisory Board recommendation and our Planning Department recommendation, which is a denial of this item. That's my motion. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. Roll call. Pricilla A. Thompson (City Clerk): Roll call. Commissioner Teele? Would you like me to come back, sir? Vice Chairman Winton: I don't think you can do that. Ms. Thompson: OK. Commissioner Teele: Well, we've not voted, so let me just inquire on one thing. When this issue was before me -- is the record, Mr. Attorney, still the record from before or -- Mr. Maxwell: No, sir. This is a legislative application. This is a new record. -- before you -- before, it was quasi-judicial. Commissioner Teele: See. 152 June 27, 2002 Vice Chairman Winton: Well, maybe I need to withdraw my motion and start the process over and let us have a full hearing and I'll get -- Commissioner Teele: Johnny. Vice Chairman Winton: -- as many people in here as we need to get. Commissioner Teele: Johnny, don't necessarily do that. Let me just tell you what I'm very troubled by. Before I did -- I voted not in favor of the applicant, but in favor of the testimony by the Zoning Administrator, who, very clearly, I didn't agree with his decision, but once the administrator in that role makes that decision, unless, in my mind, there is just some fraud or abuse or just some overwhelming reason to overrule him -- I mean, you know, we've got to not take everything up on first impression. We've got to support, you know, the system, and I voted this way once in the county, where, if somebody issued a permit for a gas station out in Kendall - - I will never forget it -- subsequently, it went to some court of appeals, who said he was wrong; you all were wrong for not doing it, but I mean, the whole idea of having some reliance upon governmental actions to me is what's in place here, and so I'm troubled by -- I was troubled before, not by-- I was troubled before primarily by the fact that a governmental official, acting under color of law, gave an opinion that gave rise and had the improvements done etcetera, etcetera, etcetera, and that still becomes a problem that I'm concerned about, is the ability to be able to rely on commercial documents and transactions under -- in the normal course of business, and that's the legal box that I find myself mentally in, and so I'm not -- I'm just not comfortable with the role of the City of Miami -- and I don't mean that to blame anybody. I'm just saying the person made the judgment based upon what he believed the rule to be. I would not have ruled that way, if I had had the same fact situation, but he did. There was no abuse of his power. There was no allegation that something was hanky-panky, dah, dah, dah, dah, dah, and we had a bad situation that resulted, so that's sort of the dilemma that I'm confronted with. Now, the Attorney is saying that record is not before us. Mr. Maxwell: That's correct, sir. Commissioner Teele: Well, I guess, if the record is not before us and we've got a court that ruled that we were wrong -- Mr. Maxwell: That's right. Commissioner Teele: All right. Then, I vote yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: (INAUDIBLE). 153 June 27, 2002 Ms. Thompson: Commissioner Winton? Vice Chairman Winton: Yes. Ms. Thompson: Chairman Regalado? Chairman Regalado: No. Vice Chairman Winton: Then no, no, but -- Mr. Maxwell: Count the vote, Madam Clerk. Commissioner Sanchez: Wait, wait, wait, wait. My motion is to deny it. Did I vote correct? Ms. Slazyk: Then you needed a "yes." Vice Chairman Winton: Yeah, you needed to say "yes." Commissioner Sanchez: Oh, I'm sorry. Yes. Ms. Thompson: Thank you. Commissioner Teele: So what's the vote? Mr. Maxwell: What's the vote, Madam Clerk? Chairman Regalado: So what's -- Ms. Thompson: It's four "yes" and one "no." Chairman Regalado: Your motion was to deny. Mr. Maxwell: To deny. The item is denied. Vice Chairman Winton: Yeah, my motion was to deny, so that was a yes. It required a -- my motion was to support staff recommendations, which was a denial. Mr. Maxwell: So, this item is dead. Vote 4 to 1. Chairman Regalado: And you said the court was clear? Mr. Maxwell: Yes, sir. What happened was, your initial -- Commissioner Teele: The Court said we were wrong. Mr. Maxwell: -- you initial decision was appealed. 154 June 27, 2002 Vice Chairman Winton: I voted "no" on that one before. Mr. Maxwell: Mr. Chairman, is there a question? Chairman Regalado: It is a question from me to you. Mr. Maxwell: Yes. What happened was, this was the decision of the City Commission earlier that -- would have -- that granted the clinic's use was appealed to the circuit court sitting in its appellate capacity, and the court found that the City had not acted properly in finding that the clinic's use was a permitted use, so they reversed the City. That was not appealed further; therefore, that decision stood. There were additional hearings subsequent to that where the property owners sought to have the signs taken down that announced that it was a dermatological clinic. That ordinance the City prevailed on, and the court agreed with the City, that they did not have to take the signs down because that was not an issue before the court at that time, so we split the pie on that. However, the court's ruling that they couldn't be there is the one that's important for the purposes of this proceeding. Chairman Regalado: OK. Thank you. Commissioner Teele: Hold it. You just confused me. What's the effect of a 4 to 1 vote to deny? What's the practical effect of this? Mr. Maxwell: Is deny it. Commissioner Teele: No, no. Madam Director. Vice Chairman Winton: She will tell you. Tell him what the -- Commissioner Teele: What is the practical effect -- Vice Chairman Winton: --of what we just did. Commissioner Teele: If we vote 4 to 1 to deny or 3 to 2 to deny -- Ms. Slayzk: The code stays the same. It means that the stricken language in your draft in your package is going to be unstricken and the language stays there. Commissioner Teele: And what's the effect on the business? Ms. Slayzk On this particular one, nothing, but what the effect now for Brickell Avenue is that nobody else can come in and tear down one of those old homes and put up a clinic. Vice Chairman Winton: The key point here was, if we would have voted "no" on this, it still wouldn't have had any affect on him because he would have had to come back through the 155 June 27, 2002 whole Planning and Zoning process. The effect of this, Commissioner, would have been that other clinics would in fact have been allowed on Brickell Avenue. Commissioner Teele: Well, that's what I didn't understand, you know, and I don't want to get into a discussion, doctor, but it seems to me that you just got the best situation you're going to ever have and that is -- I don't mean this disrespectful, but nobody else can ever be there, but you. Unidentified Speaker: That's right. Ms.Slazyk: Well, there are two homes left. There are two that would be able to convert. Chairman Regalado: But there are other regulations that he cannot have -- Ms. Slazyk: They are all -- Chairman Regalado: -- like other doctors or something like that? Ms.Slazyk: That's correct. That still stays in place now. He can't have another practitioner with him and no more than three employees, but the rest of the conditions on his special exception, he could request a modification and come back before you. Commissioner Teele: But those exemptions were already in, right? Mr. Gibbs: That's right. Ms.Slazyk: Not the one on the doctors, the number of doctors. Now they're going to stand, but - Chairman Regalado: Who plays that? That's what I don't understand. Ms.Slazyk: Oh, those conditions in the code was adopted by the City Commission. Chairman Regalado: No, no, the new "no more doctors" thing. Ms.Slazyk: That was approved by the City Commission. Vice Chairman Winton: That was a long time ago. Ms. Slazyk: Ninety -- Commissioner Sanchez: Ninety- eight. Dr. Mendes: January 1997. Ms. Slazyk It was `97, `97. 156 June 27, 2002 Commissioner Teele: Yeah, we have not placed anything new -- Vice Chairman Winton: No new restrictions. Ms. Slazyk: No, no. That as 19 -- Commissioner Teele: I mean, I still say this: The way this works out, if I were the doctor, he's in the best position ever, given the fact that nobody else could come in and set up a clinic next to him or -- Mr. Gibbs: It's a residential neighborhood, that's right. Commissioner Sanchez: He's there. Commissioner Teele: He's there. I mean, this doesn't take him out. Mr. Gibbs: Nope. That's right. Commissioner Teele: Does it? Commissioner Sanchez: No. Ms.Slazyk: No, this doesn't take him out. Commissioner Teele: It just limits the size consistent with what he agreed on in `97. Mr. Gibbs: That's right. Ms. Slazyk Right. Vice Chairman Winton: Correct. Mr. Gibbs: Yeah, absolutely correct. Unidentified Speaker: Exactly. Chairman Regalado: So, it's done. Ms. Slazyk I think their concerns were the other limitations and the resolutions, so -- Commissioner Sanchez: Right. Chairman Regalado: OK. Vice Chairman Winton: Next item. 157 June 27, 2002 Chairman Regalado: Next item. Thank you very much. Mr. Tucker: Thank you, thank you. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION 02-746 A RESOLUTION DENYING CONSIDERATION OF AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY THE R-3 "MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL" ZONING CLASSIFICATION TO ELIMINATE SPECIAL CONDITIONS RELATED TO CLINICS AS CONDITIONAL PRINCIPAL USES WITHIN THAT PORTION OF R-3 ALONG BRICKELL AVENUE BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST 26TH ROAD. 158 June 27, 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. 22. TABLED: CONSIDERATION OF AMENDING ORDINANCE 10544, BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 42-140 NW 41 AVENUE. (See #28) Chairman Regalado: OK. Vice Chairman Winton: Next item. Chairman Regalado: Next item -- thank you, very much. Tucker Gibbs: Thank you. Thank you. Commissioner Regalado: We have also some residents, who are here for Item PZ -17. Lourdes Slazyk (Assistant Director, Planning and Zoning): 16 and 17 are companions. Chairman Regalado: 16 and 17. How many residents are here for PZ -16 and 17, 41st Avenue? Quite a (UNINTELLIGIBLE). None? Commissioner Winton: I think someone in the back there, Commissioner Regalado, is raising their hand. Chairman Regalado: I'm just trying to accommodate the people, but I don't know what -- why you're here for, so -- Lucia Dougherty: I'm here on 16 and 17, if you want to take it up. Chairman Regalado: OK, go ahead. It's -- go ahead. It's Item 16, 42-140 Northwest 40 Avenue. Unidentified Speaker: They are here. 159 June 27, 2002 Commissioner Regalado: Oh, OK, you're here. Go ahead. Ms. Slazyk: OK. PZ -16 and 17 are companion items for a land use and zoning change at 42 through 140 Northwest 41st Avenue. The Department of Planning and Zoning is recommending denial of the proposed application, finding that it will be a commercial intrusion into a residential area. Mr. Dougherty: Mr. Chairman, I just was talking to my client and he would like to be deferred on this, so he can meet with his neighbors in the meantime. Commissioner Sanchez: So moved. Chairman Regalado: Absolutely. Commissioner Teele: Are the neighbors here? Ms. Dougherty: Just --not a deferral to another meeting, but just for this evening. Chairman Sanchez: OK. Ms. Dougherty: Because I didn't realize he was actually meeting with them outside. Chairman Regalado: OK. They want to meet with you, and we will defer this until you meet with the residents, so we will address this later on. Anybody else? 23. SECOND READING ORDINANCE: IMPOSE TEMPORARY FORTY-FIVE DAY DELAY IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES FOR PURPOSE OF REVIEWING ARTICLES 4 AND 6 OF ORDINANCE 11000, CITY'S ZONING ORDINANCE. (Applicant(s): Carlos A. Gimenez, Miami City Manager). Chairman Regalado: The Cell Tower, is that what we're here for? That's Item -- Joel Maxwell (Deputy City Attorney): 13. Chairman Regalado: -- 13. Do you want to do that? Commissioner Teele: Absolutely. We said 6 o'clock. Chairman Regalado: PZ -13 is a second reading ordinance. It's a moratorium for a 45 -day delay in acceptance, processing, placement, construction or modification of personal wireless services facilities. In other words Cell Towers. Unidentified Speaker: Yes, sir. Chairman Regalado: Go ahead. 160 June 27, 2002 Lourdes Slazyk (Assistant Director, Planning and Zoning): Thank you. For the record, the Planning and Zoning Department is recommending approval of this item. However, at the Planning Advisory Board, there were a number of representatives from the industry present, who made a presentation to the Planning Advisory Board, requesting that the moratorium be extended for 90 days. However, since the majority of the discussion that took place regarding the cell facilities at the City Commission meeting in May had been about the free-standing towers and monopoles, they requested that rooftops and co -locations, which is something the City encourages, not be included in the moratorium, and they agree to go to a 90 -day moratorium so that we could work to draft a better ordinance to respond to this issue. Commissioner Sanchez: And those are not included in the 45 -day -- Ms. Slazyk: Right now, the 45 -day is everything. Commissioner Sanchez: Is everything? Ms. Slazyk: Right, so the Planning Advisory Board felt that the rooftops and co -locations should be removed from this ordinance, as well as any applications that have been approved already and are already under -- in process and that we extend it to 90 days. Commissioner Sanchez: Mr. Chairman, if I may. I mean, the concern here is towers in residential areas. I mean, we don't have to look at the stock market to see that technology is taking a beating and from that affects -- I mean, we're going to start -- in the next couple of months, I start seeing an effect on the entire labor in this country. I mean, the concern here was basically on the residential areas, so I-- the point that I want to make, when it comes to the ones on high buildings and the ones that could be excluded for 90 days, I'm prepared to support that, to exclude those two from the 45 days. Vice Chairman Winton: And to accept the 90 -day moratorium on the rest of them. Ms. Slazyk: Yes. Commissioner Sanchez: Yes. Ms. Slazyk That gives us the time to -- oh. Joel Maxwell (Deputy City Attorney): No, I don't think you could go -- in fact, I know you cannot go to 90 days tonight. What's been noticed is 45 days. In order -- Commissioner Sanchez: Well, then, 45 days just on towers located in residential areas. Mr. Maxwell: Right, but I'm addressing the 90 days. Commissioner Sanchez: OK. 161 June 27, 2002 Mr. Maxwell: Ninety days would not be appropriate tonight. If you want to do it -- Commissioner Sanchez: But if I wanted it -- Mr. Maxwell: -- you could do it 45 days now and come -- we'll come back with an amendment - Vice Chairman Winton: At the next meeting. Mr. Maxwell: --that -- Commissioner Sanchez: OK. Mr. Maxwell: Well -- Commissioner Sanchez: So moved. Mr. Maxwell: Yeah, but that was -- Commissioner Sanchez: So moved. Mr. Maxwell: With a new ordinance that would extend it 90 days. Vice Chairman Winton: Second. Commissioner Teele: Discussion. Chairman Regalado: Yes, sir, go ahead. It's a motion and a second. This is a public hearing. Commissioner Teele. Commissioner Teele: I would like -- I think the worse thing we can do is to rush into something and not have thought it through properly. I mean, this thing keeps coming back. If the staff and the industry and the community are all in agreement on working on this for 90 days, then what I would like to do is ensure that if this ordinance -- this is an ordinance, right? This is second reading? Commissioner Sanchez: Second reading. Ms.Slazyk: It's an ordinance, second reading, yeah. Commissioner Teele: -- is to schedule, with public hearing -- with a public hearing, for the July 9th meeting, an emergency ordinance, but do notice on it, is what I'm saying. Do the notice on it, to deal with this issue of the additional time, because I think what we don't need to do is to tell the community today that, in 45 days, we're going to have a solution and we know right here, right now, we need more time, and so I'm -- I just want to make sure that in voting for this ordinance, you will accept a motion to ask the staff to do a notice, etcetera, etcetera. 162 June 27, 2002 Commissioner Sanchez: Would that be an additional motion or it would be an amendment -- Commissioner Teele: That would be an additional -- no, I don't want to amend this ordinance -- Commissioner Sanchez: OK. Commissioner Teele: -- because this ordinance -- Commissioner Sanchez: Well, let's vote on it, and then you could -- if it's OK, Mr. -- Mr. Maxwell: That's fine. Commissioner Sanchez: Call the question on the motion. Chairman Regalado: OK. All -- Commissioner Teele: Has it been read? Mr. Maxwell: (UNINTELLIGIBLE) enough time. Commissioner, I don't think that'll be enough time. (UNINTELLIGIBLE) bring it back for the next P&Z (Planning & Zoning) agenda, that'll be enough time. Chairman Regalado: July -- Ms. Slazyk: July 25th Commissioner Teele: Let's take this up after this ordinance. Chairman Regalado: July the 25th Commissioner Teele: Let's take that up after this ordinance. Commissioner Sanchez: Would you read the ordinance? The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Regalado: Roll call. 163 June 27, 2002 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION IMPOSING A TEMPORARY FORTY-FIVE DAY DELAY IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES FOR THE SPECIFIC PURPOSE OF REVIEWING ARTICLES 4 AND 6 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was 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 Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12241. Ms.Slazyk: And for the record, this excludes the rooftop, co -location, and any that were already approved and under construction. Chairman Regalado: OK. Thank you, very much. Unidentified Speaker: Thank you. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would like to move that the staff be instructed to place on the agenda, for July the 9th, for first reading, with public hearing, to be held on July 25th, for an additional 45 days to be considered for the same ordinance; that is, an additional 45 days at the conclusion of this period, consistent with what the industry and the staff have agreed on. 164 June 27, 2002 Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. It's a resolution. All in favor, say LL " aye. The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-747 A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE AN ORDINANCE ON FIRST READING FOR THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002, REGARDING THE REQUEST FOR AN ADDITIONAL FORTY-FIVE DAY DELAY IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES AND FURTHER TO SCHEDULE A PUBLIC HEARING TO BE HELD AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002 ON THIS ORDINANCE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Unidentified Speaker: Thank you. Vice Chairman Winton: What a difference from billboard people. Unidentified Speaker: Thank you. Vice Chairman Winton: Got the industry coming in with the right idea. 165 June 27, 2002 Commissioner Teele: Mr. Chairman, the Vice Chairman makes a very good point. I think the industry -- sirs -- I think the industry should be commended. I think, you know, there is a clear sense from some of the members of the community that you all have come in, you've not tried to bulldoze people or ignore people; you've been available. We would encourage you to have community meetings, you know, prior to this coming back to us for a final action, but Commissioner Winton makes a very good point. We should thank you for your professionalism and the manner in which you all have carried yourself in the industry. Thank you. 24. APPROVE WITH CONDITIONS MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 12 AND 17 OF CITY'S ZONING ORDINANCE NO. 11000, FOR CORAL STATION AT BRICKELL WAY PROJECT AT 104 SW 13TH STREET, 101 SW 15TH ROAD AND 1420 SW 1sT COURT. (Applicant(s): Coral Station, LTD). Chairman Regalado: Do we have already here everybody for the Coral Station Project? Do we have the Developer? I don't know. They were -- Unidentified Speaker: We have the attorney (INAUDIBLE). Chairman Regalado: The attorney. You want to do that now? Commissioner Sanchez: Mr. Harvey, are they still working on it or -- ? Mr. Harvey: We're finished. Commissioner Sanchez: We're finished? Well, let's get it over with. Chairman Regalado: OK. We had a time certain for 6 o'clock, so we will accommodate the people. We will do Item PZ -25. It's a resolution. It's a Major Use Special Permit for the Coral Station at Brickell Project. We have the attorneys and -- Commissioner Sanchez: All right. Have we reached an agreement? Chairman Regalado: -- the staff. Your name. Judy Burke: My name is Judy Burke, practicing law with Shultz and Bowen, 201 South Biscayne Boulevard, here on behalf of Coral Station Limited. At our last meeting, on May 9th, you asked us to meet again with the neighbors, and see if we could resolve all the issues, and we're so glad that you made that suggestion, because we have met. We've reached an agreement. We've executed a Declaration of Restrictions. And if the Commission would like us to do so, we would show you the plans and the changes and go through all of them with you. If you don't want us to make a full presentation, we can read into the record the major concessions that we've made pursuant to the Declaration, and then you can hear for -- the attorney for the Association. Chairman Regalado: Mr. Sanchez, Commissioner, what do you want to do? 166 June 27, 2002 Commissioner Sanchez: Can you just put them on the record as to -- just turning them in to the City Clerk, and then we'll -- Ms. Burke: I have an exhibit, but I believe that counsel would like me to read it -- Commissioner Teele: May I just inquire, before you -- Ms. Burke, have you and our City -- the City Attorney -- are you all in agreement? Joel Maxwell (Deputy City Attorney): We have not reviewed the agreement between the Developer and the Homeowners' Association, and it is not proper for us to do so. And I would also suggest that the agreement not be read into the record or placed into the record of these proceedings. However, I think it is quite proper for them to -- in fact, they should explain to the Commission what the changes in the project might be, but not the agreement. In fact, the Commission will be voting on the project, so they need to know what the changes are. Commissioner Sanchez: But, Mr. Attorney, just to change this -- I mean, last time we did go through the whole presentation, and we have a long and voluminous, complicated agenda, which should not be on a line by itself. Ms. Burke: I will just read the changes into the record. Commissioner Sanchez: Thank you. Ms. Burke: Reduce height of residential tower from 38 stories to no more than 28 stories, and a maximum height of 333 feet. Reduce residential tower, FAR (Floor Area Ratio), by approximately 171,503 square feet from approximately 599,156 square feet to no more than 427,653 square feet. Reduce total project FAR to no more than 698,972 square feet from approximately 874,075 square feet. Decrease the number of residential dwelling units from 390 to no more than 365. Eliminate all 408 proposed hotel keys, and the hotel use. Increase setback or the retail component for that portion of the project abutting Southwest 15th Road to at least 20 feet. Increase setback of the residential tower for that portion of the project abutting Southwest 15th Road to at least 45 feet, which will result in an increase in the setback of the office tower on Coral Way by an additional five feet. Decrease the parking garage by one floor, which eliminates approximately 187 parking spaces. Due to the elimination of one floor, the parking garage reduced height of office building by one floor from 18 stories to 17 stories, resulting in a maximum height of 245 feet. Modify and landscape exterior facade of the garage in substantial accordance with the plans attached as Exhibit B. Create a plaza area at Southwest 15th Road and Brickell Way intersection, across from Simpson Park, equipped with water feature, outdoor public seating, and plush landscaping in substantial accordance with the plans attached as Exhibit C. Create a step terrace approximately 20 feet above retail areas on that portion of the project abutting Southwest 15th Road with landscaping and (INAUDIBLE). We've submitted this document into the record so that it can be incorporated into your approval. Commissioner Sanchez: Mr. Chairman, can we allow Madam Director to review that and see if it's OK with you? 167 June 27, 2002 Lourdes Slazyk (Assistant Director, Planning and Zoning): Yeah. As she was reading them, they handed me a copy. All of these would be non -substantial changes. So, you can approve the numbers as presented into the record. Then what we would have to do is make sure these numbers get incorporated into the development order. Commissioner Sanchez: OK. Mr. Maxwell: Mr. Chairman? Chairman Regalado: Yes. Mr. Maxwell: I don't know if that was a recommendation of approval from the Planning Department, but, certainly, this is a Major Use Special Permit. Chairman Regalado: Seems to be. Mr. Maxwell: You need a recommendation from them. And you need to have the record abundantly clear that what you are voting on now is this amended project, and that the Planning Department staff is very clear on what the amendments are. Chairman Regalado: I think that she was -- Ms. Slayzk: Yeah. Chairman Regalado: -- very clear on saying that there was no significant changes, and that we can approve. Commissioner Sanchez: Well, I would feel much better, and I think all of us would feel much better, if she'd clearly put it on the record that she supports the recommendations. Chairman Regalado: Go ahead. Ms. Slazyk: Yes. The Planning and Zoning Department recommendation is for approval of the Modified Development Program. The rest of the conditions, though, we would request remain the same, and that we get final review and approval of all of the design details of the project. Chairman Regalado: OK. Commissioner Sanchez: So moved with those conditions. Chairman Regalado: OK. We close the public hearing. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion. 168 June 27, 2002 Commissioner Winton: Did we need to hear from the neighbors, at all, or did they need to put anything on the record before we get there? Chairman Regalado: Anybody -- yeah. The public hearing is still open, if you wish. Anybody from the public who wishes to speak on item PZ -25? Santiago Echemendia: Santiago Echemendia, 201 South Biscayne Boulevard, on behalf of South Miami Avenue Homeowners' Association and the Roads. I would just like to incorporate, by reference -- I know this is somewhat of a continuance of the previous hearing -- but incorporate the record of the previous hearing into this hearing, incorporated by reference. We are supportive of the application. We're happy with the agreements. We -- there are two joinders missing to the covenant, and the applicant has agreed to, in effect -- if they don't get the joinders within a certain period of time, because — if they don't get a joinder within a certain period of time and it renders the covenant ineffective, they would then take certain action. But notwithstanding that, we are supportive. The covenant, we believe, is enforceable and are, therefore, here to support the settlement agreement and the covenant that is not part of the record. I'd like to have the -- one of the representatives from South Miami Avenue, as well as the Roads, also come forward and make a brief statement. Commissioner Teele: Counsel, before you do, let me be real clear about one thing, Mr. Attorney. Please do not imply that the covenant has any degree of enforceability because of what you just said or because of -- because we're not seeing the covenant. Mr. Echemendia: No, absolutely not. Commissioner Teele: We will have nothing to do with the covenant. Mr. Echemendia: Absolutely not. Commissioner Teele: And there was this misinformation given some years ago about something there in the Grove, that Barnacle or something, and the public is all still upset with us because of a covenant. So, it needs to be very clear that the covenant is between the developer and the various parties to the covenant. We don't see the covenant. Don't say that the covenant was brought to the City Commission, because it was not. And they're on -- the homeowners are on their own as it relates to that covenant. Mr. Echemendia: Commissioner Teele, for the record, we understand that, and we are supportive of the application, and would like for you to vote it up tonight. Commissioner Teele: Well, I was just troubled, because you kept referencing the covenant to us. Mr. Echemendia: Fair enough. It's, for the record, between us and the developer for -- Commissioner Winton: Now cleared. 169 June 27, 2002 Mr. Echemendia: -- in the event that there's a court action subsequently not with respect to you all. Mr. Maxwell: Mr. Echemendia, it's not — with all respect, it's not for the record. The existence of that covenant is totally irrelevant to the City Commission's decision, and I think it should be abundantly clear to everyone in the room that that's the position of the City; that their decision is based on criteria totally apart from the existence or non-existence of a covenant in this case. Mr. Echemendia: I think that's been made abundantly clear, and we' acknowledge that. Chairman Regalado: OK. Do you wish to -- OK. Go ahead, Mr. Wilkins. Joe Wilkins: Hi. Joe Wilkins, 228 Southwest 23rd Road, from the Miami Roads Neighborhood Civic Association. When we were here on May 9th, you asked us to be reasonable, to compromise, and to negotiate. I'm happy to say -- I want to acknowledge Mr. Taylor and his team. They -- we were negotiating until about 10 minutes ago, five minutes ago. We have, I think, got a reasonable solution, and we have compromised. I've heard it said that, "In a true compromise, nobody's happy." We have compromised. I'm sure Mr. Taylor would be happier with a bigger building. We would be happier with a smaller building. But here we are. The one remaining concern I do want to put on the record is in terms of the coming attractions. We need to look at -- I've said this before -- at the zoning that exists in and around our area. The simple fact is that the zoning allows for these projects, for which there simply isn't the infrastructure or services to support. We need to begin a process to come up with a plan so that we're not dealing with these projects individually, one at a time, after time, after time, but that we have a master vision for what the area should be and what it can realistically accommodate in terms of roads, police, water services, and things like that. So, we'll be back. But I do want to thank you. Bye. Chairman Regalado: Thank you. We close the public hearing. Commissioner Sanchez: Now that the meeting -- the public hearing is closed, Mr. Chairman, I would like to move, with the conditions. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion to approve and a second. Commissioner Sanchez: As modified. Chairman Regalado: As modified. Mr. Maxwell: And, clearly, Mr. Chairman -- pardon me -- and clearly incorporated into the record the hearings of previous Commission meetings. Chairman Regalado: You wish a roll call? Commissioner Sanchez: Oh, absolutely. 170 June 27, 2002 Chairman Regalado: You wish a roll call, Commissioner? Commissioner Sanchez: Yes, sir. Chairman Regalado: OK. Madam City Clerk, roll call. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-748 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE CORAL STATION AT BRICKELL WAY PROJECT, A MIXED-USE DEVELOPMENT PROJECT TO BE LOCATED AT APPROXIMATELY 104 SOUTHWEST 13TH STREET, 101 SOUTHWEST 15TH ROAD AND 1420 SOUTHWEST 1sT COURT [THE AREA WEST OF BRICKELL WAY ON SOUTHWEST 1sT AVENUE, SOUTH OF SOUTHWEST 13TH STREET (CORAL WAY), AND NORTH OF SOUTHWEST 15TH ROAD], MIAMI, FLORIDA, TO BE COMPRISED OF TWO TOWERS WITH NO MORE THAN 204 RESIDENTIAL UNITS, 186 HOTEL UNITS, WITH ACCESSORY RECREATIONAL SPACE, 201, 400 SQUARE FEET OF OFFICE USE, 62,333 SQUARE FEET OF RETAIL AND RESTAURANT USES AND 1, 267 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Ms. Burke: Thank you. 171 June 27, 2002 Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes. Commissioner Sanchez: Mr. Chairman, I would like to thank everyone who was able to sit down, through the art of compromising and communicating. It's a clear message that once we're able to sit down at the table, we could compromise and come to an understanding. So, I want to thank the homeowners. I want to thank Mr. Harvey Taylor, who's a true professional, for sitting down with the homeowners and coming to an agreement. Thank you so much. It makes our decision much, much easier. Mr. Harvey: Thank you. 25. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "INDUSTRIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AT 2415 NW 16TH STREET ROAD (Applicant(s): Jorge Muniz). Chairman Regalado: OK. Item — PZ -24 has been deferred at the request of the proponent. We have another item. It's -- oh, we have plenty items. PZ -14. We were asked to do PZ -14. It's in Commissioner Gonzalez' District, 2415 Northwest 16th Street Road. PZ -14, are we ready? Commissioner Gonzalez: So moved, Mr. Chairman. Vicky Garcia -Toledo: Yes, sir. Commissioner Gonzalez: Is this a public hearing? Chairman Regalado: It is a public hearing. It's a first reading ordinance. We need to hear from the Administration and the attorney for development. Go ahead, Lourdes. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. PZ -14 and 15 are companion land use and zoning change application. The Department is recommending approval. It has also been recommended for approval by the Planning Advisory Board and by the Zoning Board. The subject property is one property with split zoning. It's got -- it's half zoned medium -density multi -family residential, and the other half is the land use industrial SD -4 zoning. These two zoning classifications are mutually exclusive. There is no use that could be put on this property for both zoning classifications that is the same; one or the other must be changed because it is one property that is split. We believe that because the property is next door and across the river from multi -family medium -density residential that this is a logical extension of that classification, therefore, we recommend approval. Chairman Regalado: OK. Madam. 172 June 27, 2002 Ms. Garcia -Toledo: Good evening. Vicky Garcia -Toledo, with offices at 2500 First Union Financial Center, and I'm here today on behalf of the applicant, River Run South. This is a property located at 2415 Northwest 16th Street. It's approximately 2.68 acres. It has, as your staff just explained, a split zoning. The applications before you are for a land use change in order to unify the property, and a zoning change to bring all the property under an R-3. Our land use request is to take it from the current industrial to medium -density residential and to request the SD -4 currently on the property to be changed to an R-3. The land use designation request is consistent with your land use policy 1.1, which requires the City to continue and improve residential quality of life by enhancing homeownership and access to water recreation. It is consistent with your land use 1.2, which requires you to redevelop and revitalize threatened neighborhoods. It's consistent with your land use 1.2.2, which is consistent with the City's policy for affordable housing policy and objectives; consistent with the land use 1.2.3 to revitalize neighborhood, which have declining conditions, and to secure Federal, State and County funds. This project has received County approval for affordable housing. There is a loan of over a million dollars that has been approved for this project. You will hear later from representatives of Miami Dade -County Housing Authority, which are here, which can tell you about the financing aspect. It is also consistent with land use 1.7, which requires you to encourage recreational development consistent with housing programs. It is also consistent with your housing policy and the land use plan to increase the supply of affordable housing for moderate -income households. This project is going to be a 174 condominium units, which will range in price from seventy to a hundred and twenty thousand dollars. The zoning application, which is the companion item, is a request, which is consistent with the residential views as existing in a very stable neighborhood. This property has to the west, to the south, and to the north residential units. The application that you have before you does not include the design phase because, since this property is on the water after the appropriate land use and zoning classifications are in place, the developer will have to work with your City staff to obtain a Class II in terms of the design and configuration of the buildings. We do have a board -- I don't know if it's been put out for you -- that shows a conceptual idea of what this building would look like. The project is also consistent with your -- the ideals and the policies that you adopted during your development summit approximately two years ago to revitalize and redevelop Miami, and to be consistent with the State of Florida and Dade County Urban Infill criteria. The River Commission has suggested that a buffer would be appropriate because directly to the east, there is a marine use, and even though it is vacant at this time, and it was even listed for sale, we have voluntarily proffered, at the lower boards, that we will do a 20 -foot landscaping buffer to buffer the condominium units from the marine activity to the east. At this time, I would like to enter into the record a series of photographs that will allow you to see the relationship of this property to the residential neighborhoods all around the property, as well as the stable neighborhoods surrounding it. This property -- and what I'd like to do at this time is enter into the record documents that we have prepared. All these documents are already part of the City's record because they have been submitted for the Zoning Board and the Planning Advisory Board, and basically, what you have here is a series of documents that support the statements that we have made previously. You are, first of all, going to find a series of petitions in support of this project. We have a total of over 500 petitions; some are from-- the majority of them come from neighbors in the area, businessmen in the area, and concerned citizens who feel -- from Miami who feel that this is the appropriate use here. You're also going to find -- and we have here for -- to give testimony the broker on this property, who will testify to the fact that this property has 173 June 27, 2002 been on the market for over nine years and that during those nine years, they have not had any inquiries or offers of a industrial marine -type; that all of the interest that they have had has been for residential, and that in spite of the several letters of intent that they have received or of inquiries, this is the first time, in nine years, that a contract has been placed on this property. Under tab number 4, you have a history from Dynotech Engineering, and the gentleman from Dynotech Engineering is here and he will speak to you to give you the fact that this property has been vacant since the 1950's. We have also looked at the City's files because, in past hearings it's been claimed that this property has been used for construction business and storage, and in fact, this is what happens when you have vacant property; people take advantage of it. There might have been use there, but the use never obtained City permits or Certificate of Uses. You're [sic] also have information of the adjacent property directly to the east, which is two large sheds, which have not been in use for quite some time, and you're also going to hear testimony from Ms. Hendrks, who is a real estate broker, who has done a study analysis about river properties, and she will be able to testify and to share with you the fact that there is no -- little or no activity or interest in the real estate market right now for industrial or office around the river. You also have under tab number 7 a letter from Commissioner Bruno Barreiro, who is a member of the River Commission, and he wanted to express his support for this project, and his letter is enclosed. I also would like to put into the record a copy of the Miami Herald, a couple of weeks ago, where they talked about the exciting redevelopment of the river in Ft. Lauderdale with residential housing, and I would like to point out that unless we start offering the same kind of product, once again, we will lose out to another community. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: I would like to know if we have any residents here in opposition of the proj ect. Chairman Regalado: This is a public hearing. OK, we have someone. Are you done with your presentation? Ms. Garcia -Toledo: No, there's -- Commissioner Gonzalez: No, no. I just wanted to know if we had any people in opposition, because -- I mean, I didn't think that we had, but we do, apparently. Chairman Regalado: OK, go ahead. Ms. Garcia -Toledo: Yes. If I could have the broker, Mr. Raphael Villamiza, to speak to you. Rafael Villamiza: Hi. I'm Rafael Villamiza. I work with Grubb and Ellis. I'm a licensed real estate representative with them. I work with my partner, Eric Pearson. Chairman Regalado: Address, address. Your address. 174 June 27, 2002 Mr. Villamiza: Oh. At 801 Brickell Avenue, Suite 1060. Chairman Regalado: Go ahead, sir. Mr. Villamiza: I work with Eric Pearson, who's the lead representative for this property for the seller, which is Sally Bendahand, and the property's been on the market for the past nine years, since December 1993. There's been some activity in the early `90's, but nothing really of any significance in terms of marine use. In the last few years, it's been more inquiries in terms of residential use. We typically get around two to three calls per week for the property, and it's all been for residential. Chairman Regalado: Thank you. Ms. Garcia -Toledo: We have Mr. Simon Palacios for Enviro -- who is an environmental inspector for Dynotech Engineer. Simon Palacios: Good evening. My name is Simon Palacios. I work with Dynotech Engineering Corp. out of Hialeah, 750 West 84th Street and my duties, as an Certified Environmental Inspector, are to determine if there's any environmental threat to any property. We -- our company was involved in December 2001 in one site assessment for this property. We researched aerial photographs back from 1963 to 2002. We also researched the City directories; there was no listing for this site. The aerial photographs show from 1963 to the present that there was no development or it's always in use -- it's always been vacant, and also we checked the December maps back from the 1920s; it showed no activity at all, and finally, we checked the Certificate of Use, which showed no activity whatsoever in the property. Chairman Regalado: OK. Thank you. Ms. Garcia- Toledo: Ms. Vilma Hendrks, who is a broker on the property. Ms. Vilma Hendrks: Good evening. Vilma Hendrks with Realty World Miami, located at 14429 South Dixie Highway. I have been a licensed real estate broker salesperson here in Miami since 1981, and I have done research on this property that's the subject of conversation this evening, and have found that there are several commercial properties specifically for use in marine purposes that have been listed for several months and not sold. Namely, there are approximately six properties that we're talking about that has been on the market, listed a range of seven to 24 months, listed and not sold, and is being -- they're being offered as use for marine businesses on the river, and all of which are still listed and not yet sold, so that's it. Chairman Regalado: Thank you. Ms. Garcia -Toledo: Commissioner, for the sake of expediency, if I may just save some time for rebuttal and -- Chairman Regalado: Yes, you can. 175 June 27, 2002 Ms. Garcia -Toledo: -- answer any questions you might have? Chairman Regalado: Yes, you can. Go ahead, sir. Brett Bibeau: Thank you. Honorable Commissioners, City Administration, and members of the public, good evening. My name is Brett Bibeau and I'm the Assistant Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway, Miami, Florida, 33149. I am before you in order to provide the Miami River Commissions' official statement to the City Commission requested in City Resolution 00-320 regarding agenda items PZ -14 and PZ -15, which directly impact the Miami River. The Miami River Commission recommends denial of the applicant's application to change the zoning on this riverfront property from marine industrial to multi -family residential, as the presented plan does not comply with the concepts being set forth under the Miami River Corridor Urban Infill Plan, nor does it comply with the goals and policies set forth in the City of Miami Comprehensive Plan and Zoning Code. The City of Miami's Zoning Code Section 604, SD -4, Waterfront Industrial District states, "Intent: This district designation is intended for application in areas appropriately located for marine activities, including industrial operations and major movements of passengers and commodities. In view of the importance of such activities to local economy and the important -- and the limited area suitable and available for such activities, it is intended to limit principle and accessory uses for those reasonably requiring location within such districts and not to permit residential" -- I'd like to repeat that part, "and not to permit residential, general commercial, service, office or manufacturing uses not primarily related to waterfront activities, except for office uses in existing office structures." Denial of the application in question to change the existing waterfront industrial district zoning to residential would abide and enforce the City of Miami Zoning Code 604.1, Intent of SD -4 Zoning. The City of Miami Comprehensive Plan states -- The Port of Miami River, Goal PA -3 -- "The Port of Miami River, a group of privately owned and operated commercial shipping companies, located at specific sites along the Miami River, shall be encouraged to continue operation as a valued and economically viable component of the City's maritime industrial base." City Comp Plan Policy PA -3.1.1 states, "The City shall use its land development regulations to encourage the establishment and maintenance of water - dependant and water -related uses along the banks of the Miami River and to discourage encroachment by incompatible uses." City Comp Plan Coastal Management Objective 3.1 states, "Allowing no loss of acreage devoted to water -dependent uses in the costal area of the City of Miami." Denial of the application in question would allow no net loss of acreage devoted to water -dependant uses. The Miami River Commission respectfully disagrees with the City of Miami Planning Department's analysis for land use change request, which states, "It has found that Goal LU -1, the City promotes the efficient use of land and minimizes land use conflicts." In actuality, changing the zoning to multi -family residential would cause a major land use conflict with the adjacent marine industrial zoning. Commissioner Gonzalez can attest to a similar zoning conflict with immediately adjacent waterfront industrial and residential land uses. Changing the zoning would recreate this problem in another location. The seventy-two million dollar Miami River Dredging project will commence before the end of this year. The dredging will result in significantly improving the natural environment and make marine industrial businesses more efficient and viable than ever. The marine industrial SD -4 zoning, in this industrial upper section of the Miami River, should not be rezoned for residential, especially with the dredging project commencing in the near future, and despite what Ms. Garcia -Toledo stated, 176 June 27, 2002 the immediately adjacent waterfront industrial deep -water slips are not vacant. Currently, there's a mega yacht being serviced there. The proposed residential development of this riverfront property includes a 37 -slip marina. The Dade County Manatee Protection Plan classifies the Miami River as an essential manatee habitat. Therefore, this residential development would only be permitted one powerboat slip per hundred linear riverfront feet, for a grand total of only six powerboat slips at this site. The Manatee Protection Plan does not restrict large cargo vessels on the river because they present less danger to the manatee than recreational powerboats. It is clear that the preservation of this existing marine industrial zoning would protect and maximize the water -dependant uses of this riverfront site. The Miami River Commission urges you to protect the existing marine industrial zoning at this waterfront site as required by the City of Miami's Comprehensive Plan and Zoning Code by denying the zoning change application before you. Thank you for your time. Chairman Regalado: Thank you. Doctor. Fran Bohnsack: Good evening. My name is Fran Bohnsack. I'm the Executive Director of the Miami River Marine Group, which is a not-for-profit organization, a trade association of the cargo carriers and the marine industry that work from the Miami River. I know you all have been very supportive of the Miami River, and you know a lot about it, so I'm going to be respectful of your time, but I do have a presentation and I do wish to get my remarks on the record, if I may, so I'm distributing -- Captain Payne here, from P&L Towing, is distributing for you now some documents that are critically important for you to look at because they are the documents that refute much of the misleading and inaccurate information that was in the applicant's presentation and has been in the applicant's presentations to the Planning Appeals Board and the Zoning Board. To start with, I would remind you -- and that very first page reminds you -- that the Miami River is the fourth largest port in the state. It's responsible for shipping cargo to over 29 nations in the Caribbean and over a hundred ports of call. Last year, it was credited with four billion dollars worth of trade value alone, so it is the City of Miami's Port of Miami River. You'll notice on that page that there's a photograph on the bottom right-hand side and, in fact, that photograph happens to be the exact same area where the property being considered for land use and zoning change is, on the south side of the river. You can clearly see the sheds. You can clearly see the point of the island known as Martin's Point, which is a marine industrial island, and you can see all the way down the river, pass the 22nd Avenue Bridge, those businesses are all marine industrial businesses. If you turn the page, on the other side, you can see that the river is roughly divided into three sorts of areas. There's the downtown development area going up to 5th Street. There's a residential and mixed-use area, which goes to 22nd Avenue, and then there is the shipping and the marine industrial area west of 22nd Avenue. We have been cooperating to try to find the right balance for coexistence of all these competing interests on the river, and we have allowed the shipping industry to be constricted to west of 22nd Avenue. What is at stake tonight is very, very serious for the shipping industry. It's not, I would say to you, about affordable housing or housing, for that matter. It's about putting housing where it's appropriate. We wouldn't put it between two runways and you shouldn't put it in the heart of an industrial strip on the Miami River. I want to draw your attention to a map. Chairman Regalado: Do you want to -- Why don't you use the portable mike. 177 June 27, 2002 Ms. Bohnsack: Thank you. It is true, as Ms. Garcia -Toledo points out, that there are residents all around this area, as there are in the entire City of Miami. What I would suggest we really should be looking at is what is stated very explicitly in the Comprehensive Plan, and illustrated for you here clearly. The SD -4 is the yellow color. You can see that it's very limited; it's waterfront industrial use, and it is contiguous all the way from 22nd Avenue to the west, to Martin's Point, the island of Martin's Point. The area that's circled is the area that has got two zoning designations. It's our contention that we agree with staff s recommendation, it should be only one zoning designation, but that should be marine industrial. One of staffs recommendations suggests that the application is in order to bring residential development to the Miami River. I would suggest that residential development in this area of the river, on the working waterfront, is incompatible both with historic and current use, and I can prove those things as we reach those tabs in your folder. Staff also says that this recommendation will allow greater flexibility in developing residential use for this portion of the river. I would say that flexibility here is inconsistent with the Comp Plan sub element on the Port of Miami River, and I think it's important that you know that at the Planning and Advisory Board, the staff recommendation never even mentioned that there was a sub element on the Port of Miami River in your Comprehensive Plan. Policy PA -3.1.1, "The City shall discourage encroachment by incompatible uses," and then later, "and the City shall encourage development of compatible land uses in the vicinity of the Port of Miami River, so as to mitigate potential adverse impacts arising from the Port of Miami River upon adjacent land uses." That's Policy PA -313. The attorney for the applicant points to the goals of the City, with affordable housing being the number 1 priority, and would I reiterate again that we support the goals of affordable housing. However, there is nothing in that Comprehensive Plan or in those priorities which suggests that affordable housing must be located within the heart of industry on the working waterfront. That waterfront is very limited. There is no place that the marine industry can go, except on the water; the same cannot be said of affordable housing. The City of Miami, through its land development regulations, also is charged to help protect the Port of Miami River from encroachment. All of those policies appear before you under tab number 2, and you can check clearly what the charge to the City is. I would also suggest that the application submitted by the applicant have been somewhat confusing. For the Planning Advisory Board, the function was described -- or the development was described as low- to very low-income housing. Before the Zoning Board, the development was described as moderately affordable housing. I question why those distinctions since clearly is not the right place for housing to begin with, but it seems -- I believe that that's because it obscures that whole issue of what's water -dependant and water - related. The developer, the applicant, seems to think that if you include a marina with a residential use, then you have something that's water -related. That is not what the definitions are of water -dependent and water -related. Water -dependant refers to business operations that have to work on the water to function, and water -related land use describes uses that provide essential service to marine operations, so clearly, a marina in a residential building is an amenity for the people who live there, but it is neither water -related nor water -dependant, and therefore, it is inconsistent and in conflict with the sub element of the Port of Miami River in your Comprehensive Plan. Basically, the proposed residential zoning encroaches on the working river. It encourages incompatible use. It creates adverse impacts on land uses; all things, which you are directly charged by the Comprehensive Plan, not to do. Now, we talked a little bit about historic use. Ms. Garcia -Toledo says that the search that was done by Dynotech indicates that the property has always been vacant. If you look behind tab 4, you're going to find evidence that 178 June 27, 2002 that is not so. The first thing that you will find is a legal description. It's merely taken from the internet, but it's important because you'll note that it matches the same legal description that exists on the contracts that follow and on the survey that follows that. Clearly, there has been marine use there. What Dynotech might have said more appropriately is that no building has ever been constructed there but, of course, if they understand marine industry better, they would understand that the industry relies on trailers, mobile kinds of things that they can move, etcetera and, in fact, the businesses that have been there, have been marine-construction types of businesses. In 1985 through 1989, the Florida Marine Construction Company, headed by Leon Leroy, ran a barge operation there. There's a shelf, about four or five feet under the water, that was good for barge operations until, eventually, the silting end of the river, which the industry has worked so hard to help get dredged, made that operation more difficult, so Mr. Leroy left it for the construction firm Hardy Construction Company in 1989, who built the 27th Avenue Bridge. They used that site as a mobilization site. I have no document to prove that. I'm sure, if the Dynotech aerials were taken every day, they would certainly have documents to prove that. You do have, however, there a contract for excavation that is dredging in front of the seawall and for repair of the seawall, and that contract was written on February of 2000 to a Michael Revello. This action, it turns out, didn't happen, but it shows that marine use was happening there, and that there was contemplation of making the property more useable by dredging there. As Mr. Bibeau pointed out, starting in October, we're going to have an eighty million dollar project on the river, specifically, to cure these kinds of problems, so this is a marine industrial property. We also heard from someone from Grube and Ellis suggesting that all inquiries for this property have been for residential use. At least one person is with me tonight, Captain Payne, who distributed the booklets to you, who inquired about the use of that property for purchase. I know of another, that you know also, that would be Maurice Ferre, who owned the property next door with a consortium of folks for a number of years. He investigated purchasing that property for a marine industrial use, and two other folks, who were with us at the zoning meeting, who testified to that effect. What they all concluded was that, at the time, the properties were priced way beyond market in terms of anything that was west of 22nd Avenue, so they didn't sell for nine years, but it does not indicate that the interest wasn't there. I would also say that you heard a little bit at the earlier hearings that the neighborhoods were blighted and, therefore, correct for affordable housing. In fact, you heard tonight that the property abutting to the east, right next door, hasn't been in use for years. Now, please, look at tab number 5. That is completely incorrect. That property is owned by Captain Jordan Monocondios. Its changed hands a number of times through the recent years. It used to be the Florida Yacht Basin. Some folks call it the Moorings, and it's had other names, as well, but what you'll see when you turn to tab 5 is a yacht that's under repair and you can -- Commissioner Teele: Fran? Ms. Bohnsack: Yes. Commissioner Teele: Did he ever get the guy to pay him? Ms. Bohnsack: Who? 179 June 27, 2002 Commissioner Teele: Well, you've given us all his stuff, I've read it, and the most striking thing was that there was somebody who wouldn't pay him and he was writing the letter -- Ms. Bohnsack: Mr. -- to Captain Jordan, you mean. Commissioner Teele: Yes. Ms. Bohnsack: Monocondios. Commissioner Teele: Captain John (UNINTELLIGIBLE) -- Ms. Bohnsack I didn't ask him that question, Commissioner Teele. Commissioner Teele: Well, I mean, don't give us a mystery and don't give us the end of the story. Ms. Bohnsack Well, I will tell you that there is a bill there to Freddie Laker, and what you probably noticed, since you were that astute, is that those bills go back to March of 2001, so at least, we can show you activity for that long. It's clearly not true that the property has been abandoned. One of the -- Commissioner Teele: Fran, just help me understand one thing, and clear -- forget the speech you've got there for a minute. Ms. Bohnsack: OK. Commissioner Teele: Just as a legislator, former legislator, which you've served so brilliantly in the legislature, what's the public policy reason that we should not try to help housing? I understand the conflict that has been so clearly demonstrated in our codes, but we also have just as many public policy pronouncements wanting to encourage housing, recognizing this is the -- supposedly, the poorest city on the nation. I mean, what's the harm done? I -- just in simple language, what's the harm done by this development? I mean, if you had talked about runoff and, you know, pesticides, or something that damages the water, I mean, I could kind of relate to that, but until your colleague spoke -- and he always speaks eloquently; although, he always confuses me with facts -- and until you all came up to me, this was just a simple and shut case in my mind, based upon the outstanding presentation of counsel for the applicant. What's the public policy damage that's done, given that we've got all these conflicting policies? Ms. Bohnsack I'd like to answer. There is damage that's done, and I want to be clear. There's nothing wrong with affordable housing; we support it, even affordable housing on the river. It's that this section of the river represents an infrastructure that has been constricted back from all -- from the full five and a half miles of the river -- constricted back to west of 22nd Avenue. It needs that room for operations and growth. That's one problem. If you take away enough infrastructure, it will not be self-sustaining, and if we lose it, it's gone, and it's a good economic engine for the City of Miami, that's number 1. Number 2, the public policy damage is, what are we weighing here? And we're weighing jobs versus the opportunity to give some very deserving 180 June 27, 2002 folks homes, but not many, and clearly what we know from history, our history right in the City and this administration is that if the residents are too close to the industry -- and make no mistake, marine industry is 24-hour operation -- the complaints begin to come, and then the neptune gets called out, and then there's a halt to operations because everybody's confused and no one knows what to do, and it takes months and months and months; and in this case, it took the assistance of the Mayor, Mayor Diaz, and his aide coming to many, many meetings to straighten out the fact that these businesses were operating legitimately within their role and, yet, because they missed so many scheduled liner services, which means they disappoint their customers and the competition eats them up; they have less cargo next time, and then they lay people off. It is a whole vicious circle and it's economic. I would say, if this residential development were on the other side of 16th Street, where the other houses are, then it would be fine, but to give it the waterfront that it doesn't need is terrible, and I would say also that this neighboring property -- really, only this one little corner -- is residential. Your City staff suggested that this property was surrounded by residents on three sides. Well, if you look at the boundary, the boundary is down the center of the navigational channel. Its boundary in use, if not in drawing, is Southwest 16th Street to where the curve is, and there's a picture of that in that book for you. It does not make sense here and it does potential damage. I know you're -- I did promise to be respectful of your time. I just want to say a couple more things. About the petitions, I know petitions are supposed to weigh heavily, but we were told that it weighed heavily at the Planning Advisory Board. At that time, the petition was numbered -- oh, gosh -- 240, something like that. We took a look at the petition. First of all, it was only in Spanish. Secondly, it claimed to be signed only by people who live directly across the street from this proposed residence. When we looked at those addresses, there were addresses from North Miami Beach, West Palm Beach, Hialeah; these were not people who lived directly across the street. More -- and there's an analysis of that for you under tab 8. Only 40 percent of them could even be remotely considered to be part of the neighborhood, and then we started thinking, well, what about the working people who feel so threatened by this? You know, what do they think? So we also wrote a petition, but -- and ours is there for you to see. Ours is the one that clearly labeled as to what it stands for. It's in both English and Spanish. There's a place to indicate whether you're a resident or an employee, so that there's no misleading anybody about who's actually signing this, and we got 525 signatures, so I'm telling you, there's a lot at stake here. I -- there's more that I could say. I hope that you will reconsider. It's clearly a working block. The street is already used now by tractor trailers. There's Florida Detroit Diesel, Antillean, Coastal Tug and Marine, Jaws Marine Operations. Please, don't damage this infrastructure by approving this project. Chairman Regalado: Thank you. Ms. Bohnsack: Thank you. Chairman Regalado: Thank you. Commissioner Teele: Thank you, very much. Chairman Regalado: Anybody from the public? Anybody else? 181 June 27, 2002 Beau Payne: Good evening, everybody. My name is Beau Payne. I own P&L Towing. My address is 1883 Northwest 7th Street. I am the largest tugboat company on the river. I move the most ships. I have a few points I'd like to go over with you, some of them have been discussed already. I'll try not to touch on them for too long, if I can remember which ones were touched on. First of all, I'd just like to say I fail to understand how this has even gotten so far, when we have under -- you know, clear, written laws that are supposed to protect our industry. I -- you know, I fail to understand how we even got that far, and I would like you to think -- you know, to give that -- those laws that we're talking about, the protection of industry, the same respect as you would a residential neighborhood. If I wanted to move my operation into Spring Garden, it would never happen, so therefore, we need to have the same kind of protection, as well, in our industrial end. As Fran has mentioned that, you know, we've all slid up the river over the years. Now we're west of 22nd Avenue. There's not very many properties, as was mentioned with Ms. Toledo-Garcia's real estate person. There's only six available properties. Also, I'd like to say the industry has spear -headed most of the clean-up, the dredging, the manatee of protection plans. I mean, we've done that, the industry has, and I'm concerned now that these things that we've done to make our river a better place for our working environment is now, in turns, seems like it's -- we kind of shot ourselves in the foot, so to speak, but again, the port of the Miami River has very little room to experience. I think, after the dredging gets done, there will be plenty of expansion. Myself, I bought three companies in here; two from Louisiana, one from Mobile, interested in doing business on the Miami River. However, they've declined from doing any work on the river with me, until the river is dredged and the 5th Street Bridge is removed, which is a whole `nother issue; we'll talk about at another time, I'm sure. Again, it was mentioned, there we had problems with one of the industries, Antillean Marine, at their 22nd Avenue location. They ended up shutting down that operation to only eight hours a day or something very similar to that, and the result of that was that we ended up laying a whole crew of people off. I couldn't tell you exactly how many, but quite a few, and in the end, after three or four months of fighting, it turns out that Antillean Marine has a right to operate there under the law. All it did was get people laid off from employment. I ask you -- I, too, support low-income housing, where it is appropriate. However, I ask you to consider, do we need more income housing or low-income housing or do we need more jobs to keep people out of those type of situations? I think, if you would ask the average person who is in low income housing, if they would prefer to have a better job or a job, at all, that they could afford to live elsewhere, I think they would choose that. Commissioner Sanchez: But that's not low-income housing, is it? It's not. Mr. Payne: Well, I believe it is. I'm kind of sure. As it was mentioned, it's had several different names; low to very low-income, moderately based. I mean, I don't know what it is this round. Commissioner Sanchez: Well, we need to clarify that. Unidentified Speaker: Well, it's getting government subsidy. (INAUDIBLE). Commissioner Sanchez: OK. Unidentified Speaker: (INAUDIBLE). 182 June 27, 2002 Chairman Regalado: Excuse me. Commissioner Sanchez: Ma'am. Chairman Regalado: Excuse me. If you all want to talk -- excuse me. One second, one second. Do you want to come to the mike and talk? G Unidentified Speaker: Yes. Chairman Regalado: Go ahead. Come on. This is a public hearing. As soon as he's done, you go. Mr. Maxwell: Mr. Chairman. Chairman Regalado: Yes. Mr. Maxwell: Just want to point out that the project is not before you today. What's before you today is an application for land use change, not the project that's going to go on it. That would come back to you at a later time. Chairman Regalado: I understand that, but my question is, should they be allowed to speak on the whole issue? Mr. Maxwell: Sir, you can allow anyone to speak, certainly, but for purposes of your decision, I just want you to understand -- Chairman Regalado: I understand that -- Mr. Maxwell: -- that's not relevant. Chairman Regalado: -- and they understand that, too. Commissioner Teele: Mr. Attorney, what's that before me now that says River Run South, is that a project? Mr. Maxwell: Excuse me. I am sorry. Mr. Payne: That is the project, sir, that we're referring to. Commissioner Teele: Well, I mean, you all opened the door to letting this stuff in, so you've got to hear both sides of this. You can't have the documents that are before us on one end and then object to the lady who wants to respond to it. I mean, I don't have a hot -- dog in this hunt or a horse in the race, but I just want to give everybody an opportunity to be heard. Chairman Regalado: OK. You done? 183 June 27, 2002 Mr. Payne: No, sir. Chairman Regalado: OK, go ahead. Mr. Payne: OK. Chairman Regalado: Try -- Mr. Payne: Well, I was wondering if Mr. San -- Commissioner Sanchez is -- do you want to try and clarify that or would you want me to go on, sir? Commissioner Sanchez: Well, I think the attorney said it, this is the zoning matter, not the project manner, so I don't want to get them confused, so let me just -- Mr. Payne: OK. That has been the case, too, in the past. However, I found that it has been discussed in depth what is going there and, you know, in everybody's sense of good will, I think that -- it's caused this project to prevail, the actual talking of what is going to be there. Although, I've heard in the other meetings that we're not supposed to discuss that. It has been discussed, so I'm going to move on, with all due respect. OK. I'd just like to say my company - - I have 24 employees. I'm one of the smaller companies on the river. Last year, I had a payroll of nine hundred and ninety-eight thousand dollars. Seventy-five percent -- seventy-five to eighty-five percent of my employees live in Miami, in and around the Miami River. OK, there was some mention about the split personalities, I believe -- or split personality, excuse me -- split zoned property from staff. However, the Florida Yacht Base in the Moorings, which is now Bermuth Agencies, is also split, and I think what the intention there was for the front half to be split to R-3 and the back half to be SD -4 to create a buffer zone between the actual neighborhood that is there and the SD -4, the industrial work that is going along -- going on alongside the river, so there is -- that is already in place, so it's kind of incorrect to say that this split zoning wouldn't work. The residential area, as I understand in the Miami River Urban Infill Plan, is that would be a sort of idea, so we set up these buffer zones in between housing and industry. Again, I reiterate all the property on the south side of the river from just east of 22nd Avenue, all the way up to the dam is SD -4 waterfront industry. There was some mention from Ms. Toledo of businesses that have signed this petition in order to support low-income housing. I would just like to say that none of those businesses, that I'm aware of -- I'm very sure that -- I've seen the petitions they've had -- none of those businesses are waterborne or water -dependant businesses so, therefore, it really doesn't -- it's apples and oranges. I also looked at that property about a year ago, maybe a little bit longer, between the cost of dredging and the cost of the property to put it way out of the neighborhood to do what we wanted to do there. There was some mention of the new river -- the Ft. Lauderdale New River, that housing is going on there. Well, that's the appropriate place for housing. That is not a federal navigable channel and it is not a port, so that's -- areas like that, the housing needs to be, not where we're generating income for the residents of Miami and the City of Miami, and also, there was some testimony about properties not being sold on the Miami River to Marine waterfront industry. However, I just bought property six months ago; 31 Northwest South River Drive; the property right down the street from me at 279 Northwest South River Drive was just purchased about four months ago from -- by Corey Offit of Biscayne Towing, so there has -- the properties have been -- being sold there, 184 June 27, 2002 and I think that if we allow this to go into residential, it's going to hinder the growth of the Miami River and, therefore, having a dampening effect on the actual residents, and I would venture to say that if we continue to allow the property on the Miami River to be turned into residential, we had better be prepared to start building some more low-income housing because it's going to be plenty of people out of jobs. Thank you. Carol Fenner: My name is Carol Fenner. I live at 6034 Golf Course Boulevard, in Punta Gorda, Florida. I object to many of the statements here. Ms. Garcia -Toledo keeps referring to how there is residential zoning all around this. Of course, we can't have waterfront industrial on the inland side. On the water side, we have got water -dependant industries. Martin's Point, which is right there, has 31 lots. The owners of 18 of them have waterfront industrial licenses to operate there. She says that the sheds are not in use. The first couple of times when she got this passed the Planning and Zoning Department and the Planning Advisory Department, she says, well, she's only been on the job one day, and makes excuses like this for making misstatements. There's no excuse for her to be saying the same thing again tonight. There is not residential properties surrounding this completely all around it. She says the sheds have not been in use for sometime. They're next door to the place and they are in use, and if Mr. Teele would like some plain talk on what we're doing economically and what we're doing about affordable housing, we're putting four million -- four billion dollars a year, the marine industry is, into this economy. This helps people not need that kind of housing. Chairman Regalado: Thank you. Go ahead, ma'am. Lourdes Acosta: I'd like to apologize because I'm not a public speaker, so whatever I have -- my name is Lourdes Acosta and I'm the director of Human Resources for Antillean Marine, and I'd like to verify everything that has been said here, especially about employees and how we have had some layoff as a result of all of this commotion with other yards that we have, but one thing that -- I am not a -- I don't know it -- this is my third visit. I've been all along in this and it's been very interesting, I have to say, and I do appreciate what you do for the City, all of you, because I understand, with the other plannings, that a lot of you do it for nothing, so I do appreciate you sitting here and doing this, but one thing that I've noticed in all this process is that we're talking about industrial and residential and this is all we talk about, and remember how -- those of you that are lawyers and how they have a law from the 18th Century or the 1900 and it's likes totally inadequate sometimes. This is not a Barnes and Nobles that is trying to be residential. This is not a Target or any public thing that wants to become residential. It happens to be called industrial because that's what it is. I mean, we do business here, but we're talking about the river. We're talking about the history. We're talking about -- like the landmark with the Indians, when they found it down in the downtown Miami. I mean, this is just more than industrial being residential, to me. I mean, who am I? But this is my own perspective to the whole thing, and we lose track of everything. Of course, everything is money. Of course, it's economic. They're getting their monies and we get our employees and we get our money as well, but we have to think a little bit more about the City and we have to think a little bit more -- I personally -- one of the things -- and I might be totally out of context here, so I apologize if I say something that I shouldn't, but one of the things that I've noticed when they first showed us, they're having swimming pools and they're having all kinds of things, you know, as part of the residential thing, and when I heard the first time that they we're talking about low-income to 185 June 27, 2002 very low income -- because that's what they said -- and that was not a unanimous decision because they were torn apart by that mention that they said, but I said how in the world are these people going to be able to pay for maintenance fees? Think about it. How can they do this? And so, it will become -- this is part of the river and it will become, maybe, a delinquent area, if things are not kept properly. I don't know. I'm just throwing all these ideas to you because I think they're valid. I think that we have not thought things out completely, and I think that it is not just doing a building. I think it's a lot more than that. The decisions were not, in any possible way, were not done -- Commissioner Gonzalez: Mr. Chairman, may I please? Chairman Regalado: Yes, sir. Commissioner Gonzalez: The lady just made a statement, which is kind of disturbing tome. Ms. Acosta: I'm sorry. I apologize. Commissioner Gonzalez: And the statement is that because we're talking about low-income people living in that project, it could become a criminal area. Ms. Acosta: No. I -- Chairman Regalado: And that is not a fair statement. Ms. Acosta: I knew you were going to come by that, and let me explain. Chairman Regalado: Wait, wait, wait. Commissioner Gonzalez: Ma'am. Ms. Acosta: Let me explain what I said. Chairman Regalado: Let -- Commissioner Gonzalez: Ma'am. Chairman Regalado: Let him talk first. Wait a minute. Commissioner Gonzalez: That is not a fair statement, OK, because right across the street from where this project is planned to be, there is a community of townhouses that was built five years ago, that is occupied for people that are moderate -income families -- Ms. Acosta: Are they low to very low-income income? 186 June 27, 2002 Commissioner Gonzalez: They are not rich. They are working people. They're people that get up at 5 o'clock in the morning everyday and go to work until 6 o'clock at night, OK, and they are not criminals. Ms. Acosta: Mr. Diaz, I -- Commissioner Gonzalez: And it's one of the most beautiful communities in that entire neighborhood. Ms. Acosta: Mr. Diaz, I think you're going -- Commissioner Gonzalez: I'm not Diaz; I'm Gonzalez, ma'am. Ms. Acosta: Oh, Gonzalez. I'm sorry. You're really going out of context on this because if you go back to what I said was, they said that it was low to very low-income housing, and if they are not able to pay -- Commissioner Gonzalez: Ma'am, living in a low or very low or low-income housing is not offensive to anyone. Not everybody's rich, not everybody is fortunate enough -- Ms. Acosta: That's not my context. Commissioner Gonzalez: -- to live in the Gables -- Ms. Acosta: Well, I don't -- Commissioner Gonzalez: -- or to live on the Gables by the Sea. Ms. Acosta: -- I don't really -- Chairman Regalado: Wait, wait, wait, wait. Ms. Acosta: I'm sorry. I don't really want to fight this -- Chairman Regalado: Ma'am, ma'am. Ms. Acosta: -- because I don't have the tools to fight it. Commissioner Gonzalez: All right. Chairman Regalado: Look, look, look. Ms. Acosta: -- and you're going all around it. Commissioner Gonzalez: If you don't have the tools to fight -- 187 June 27, 2002 Chairman Regalado: No. I'm going to -- loOK. Commissioner Gonzalez: -- then you better watch whatever you say in public -- Ms. Acosta: But I do have the right to say it -- Commissioner Gonzalez: -- you're offense -- Chairman Regalado: Commissioner. Ms. Acosta: -- because it's not -- no, I'm not offending. Commissioner Gonzalez: Ma'am -- Chairman Regalado: Ma'am -- Ms. Acosta: I'm -- Chairman Regalado: Cut the phone -- Commissioner Gonzalez: Ma'am, you are offending certain -- Chairman Regalado: -- cut the mike, the mike. Cut that mike. One second, please. Commissioner Gonzalez: You're offending certain groups of our community. We have three Commissioners here that have people that are very, very low-income families and some people that are moderate -income families and they are not delinquent. They are people that are poor, but they're decent people. Commissioner Teele: Who are the three? Commissioner Gonzalez: That's you and I -- as a matter of fact, there's four; you and I -- Commissioner Teele: I thought you were trying to leave me out. Commissioner Gonzalez: -- Commissioner Regalado and Commissioner Sanchez -- Chairman Regalado: Him -- Commissioner Gonzalez: -- and that is very offensive Chairman Regalado: Him, too. Well, anyway -- Commissioner Gonzalez: And you've got some of him, too, so it's five of us. Chairman Regalado: Look, Commissioner, are you done with this issue? 188 June 27, 2002 Commissioner Teele: Mr. Chairman. Chairman Regalado: Could we move on be -- you know -- Commissioner Teele: Mr. Chairman. Commissioner Gonzalez: Thank you. Chairman Regalado: -- we need to make a decision. Commissioner Teele: A lot of things are said in a moment -- I mean, you know, there were all kinds of references made just a few days ago, and I think that some of those characterizations were unfair to people who are recovering and trying to, but I would just ask my colleagues to let the pubic sort of -- Chairman Regalado: Absolutely, and we are here to do that. Commissioner Teele: -- as much latitude, and I know that it is offensive, what was said, but some very offensive things are said from time to time, and she's speaking and let's just try to work through this because it's getting ready to get late and our sugar levels are going crazy and we're all tired now, and we're all thinking about -- we're going to be here for another five hours; four hours, at best. Chairman Regalado: We will. Vice Chairman Winton: I just had Cuban coffee. I'm getting wound up. Ms. Acosta: If I may, and I have an opportunity? Chairman Regalado: Go ahead. Just finish -- Ms. Acosta: Please, yes. Chairman Regalado: -- and just move on. Ms. Acosta: No. That's all I had to say, but what I wanted to say to him -- since he interrupted me -- was the fact that I didn't mean, by all means, that the people -- because I came like everybody else and would be in very low-income and every -- like everybody else, so I'm not saying that the families in the housing project would be crack addicts or problems or what have you, but it is -- like when you go to places in which they are deserted or that they're not well maintained -- because I was talking about the pools and all the recreational areas; if they don't have monies to pay for the maintenance, it's open for other people from other areas to create vandalism. Chairman Regalado: Well, thank you. 189 June 27, 2002 Ms. Acosta: Thank you. Chairman Regalado: We are -- Commissioner Gonzalez: Do we have -- I'm sorry, because I didn't -- Chairman Regalado: We need to have more -- this is a public hearing. If you wish to speak and then, if anybody else wishes to speak on this matter, anybody else, then we'll have the rebuttal from the attorney represented. You wish to speak? Armando De Leon: (as translated by Spanish interpreter, Ondina Suarez): My name is Armando De Leon, 2535 Northwest 18th Terrace. For 21 years now, I have had a shop there for repairs of boats. Everyday we have more taxes in the area. However, we have more problems and more cleanups, and we're having more delinquency in that area also. In the Miami River area, we have had a lot of people leaving; a lot of businesses have left the area and gone on to other areas because of the problems there, because they have no work here. As an example, I put down the company that they closed down, Florida Basic. This is the place where they said that these days, people are hanging out; they're gang people, and where there were delinquents hanging out in that area at any given time, there were like 60 boats or so in the area, inside that area. Those yachts, I guarantee you, were generating more monies; in taxes and in workmanship than any condominium could possibly leave. We have, for example, very big companies that have had to move themselves out of their businesses because they can't find the workmanship here, the qualified workmanship. Gentlemen, a fifty -foot yacht in the water pays seven hundred dollars in rents and in that, all of the taxes are included and all other obligations to the City. What I ask of the Commission is -- and I just say, I have nothing against those people, in particular, but I do ask that you please keep an area where we can continue to make a living, an honest living, so you won't take us into a bankruptcy in that way. Just let us make an honest living. Thank you, very much for your time. Chairman Regalado: Gracias. OK. Anybody else? Anybody else from the public? This is a public hearing. Anybody else? OK. Humberto Sanchez: Good evening, Commissioners. How are you today? My name is Humberto Sanchez. I represent the Miami Dade Housing Agency. I'm here to let you know that the County has committed one million dollars towards this project. For your benefit, the term "low-income," I think is -- it's an improper term. The proper term is "affordable housing." What determines that is the amount of subsidy that is given to the families, and I understand that this particular project is going to have more basically middle-class people than -- rather than what they -- what somebody called low-income. As you know, presently, a middle-class family is having problems getting affordable housing because of the prices going so high, so for your benefit, the appropriate term will be "affordable housing." Commissioner Gonzalez: Thank you. Chairman Regalado: Thank you. 190 June 27, 2002 Mariano Cruz: OK. Mariano Cruz,14311 Biscayne Boulevard, North Miami Beach. Chairman Regal ado: That's your job, not your -- Mr. Cruz: Right. That's what I see here, everybody saying their address was, they work. Chairman Regal ado: That is your job. Mr. Cruz: Right. Chairman Regalado: We need your home address. Mr. Cruz: Oh, (UNINTELLIGIBLE), and all of these people, they say Bis -- South River Drive and 7th Street and all that. They don't live there, no. They make the money here, the City, and they take it away. Well, I live at 1227 Northwest 26th Street. I am here on behalf of my daughter that live (UNINTELLIGIBLE) Development, 14th Street 24th Avenue. It's two blocks from there, and Dr. Salia can't be here because he's in dialysis, 2101 Northwest 14th Street, in the back of Antillean Marine; really bad neighbors there in the river, which all that continue making noise and working to all times of day. They say they were going to be good neighbors. First, one thing, how come, in all these years, that property was vacant? They didn't buy the property. Now everybody wants to buy the property. I don't know what's the reason, or they say (UNINTELLIGIBLE). Now, talking about zoning. You got contiguous zoning there. I remember, when I was a social worker with Little Havana and Allapattah Community Action, I used to go there to impact at the (UNINTELLIGIBLE) building there, that was there and that's zoned R-3, too, right, that property there, and that's contiguous. It's not going to be a spot zoning or anything. It's right there, just west (UNINTELLIGIBLE), and also, when you go to the property and you walk to the river and you look northeast from that river bank, what you see across? (UNINTELLIGIBLE), a condominium there, another condominium there. Now, if the City wants to be good and think that they were about the warehouses and all that, the City went backwards here when lobbyist Ron Book was here about building affordable rental, rental at the Miami Stadium, and what is around the Miami Stadium? Only institutional and warehouses. That's the only thing there. There is no residential around, and they went and (UNINTELLIGIBLE). Also, the same thing, where they went (UNINTELLIGIBLE) the Santa Clara station, they deal with the air rights with the County, not with the area station development project and all that, so I think here, there is nothing to say -- the zoning should be made R-3 and that's contiguous zoning next to (UNINTELLIGIBLE) there's nothing there, and we need -- going to affordable housing. I could tell you two examples. Next door neighbor to me, Ruth Time. She went -- she go 1221 26th Street affordable housing. She used to be an LPN, Licensed Practical Nurse. She went to Miami Lakes; become an RN (Registered Nurse), so it's not anymore low-income. It's not anymore low-income because people don't stay low income. When my daughter bought that property there at Turn Isle, if she was affordable housing -- she was working as a clerk for the County. Vice Chairman Winton: Mr. Chairman. 191 June 27, 2002 Mr. Cruz: A clerk. Chairman Regalado: Yes. Mr. Cruz: No. Vice Chairman Winton: We're going to soon be talking about his uncle in Minnesota. Mr. Cruz: Well -- Vice Chairman Winton: You know, let's -- Mr. Cruz: No. I am referring to what she say in low-income. Vice Chairman Winton: I'm sure -- and I know what you're referring to -- Mr. Cruz: Right. Vice Chairman Winton: -- Mariano -- Mr. Cruz: Because he's the chairperson, right? He's the chairperson. Vice Chairman Winton: Yeah. Chairman Regalado: OK. Vice Chairman Winton: And so that's why I'm calling his attention to this. Chairman Regalado: And we're going to let everybody talk. Mr. Cruz: Right. Chairman Regalado: I wish that everybody -- Mr. Cruz: Right. Chairman Regalado: -- would understand that we have a very -- Mr. Cruz: You know, you got that habit of cutting me, maybe because -- but listen, I don't have anything personal you. I go by the issues, by the issues, nothing personal. No, nothing personal; just politics. That's it. You know, with anybody, and this is a free county. The First Amendment give me the right to come here to (UNINTELLIGIBLE) grievances. Thank you, anyway. Chairman Regalado: Thank you. OK. We have the rebuttal from the attorneys. 192 June 27, 2002 Ms. Garcia -Toledo: You have two more neighbors, sir -- Chairman Regalado: Oh, we have -- oh, OK. Unidentified Speaker: (INAUDIBLE) from the area. Chairman Regalado: OK. I'm sorry, I didn't see you. Marisol Trujillo (as translated by Spanish Interpreter Ondina Suarez): My name is Marisol Trujillo. The address is 1650 Northwest 25th Avenue. I've been living there for five years in that area, and for two years, constantly calling the police. In the area where they're thinking of building -- which, by the way, I'm very much in favor of -- the housing area, all that is, to my own knowledge, personal knowledge, is of delinquency and dumping and so forth. I think to have put up a business of some type in that area will be uncomfortable for us, the residence there, with the traffic and all, but traffic mostly because we do have children and we are a low-income area. I don't think it's a crime to be of a low-income nature, and for wanting to zone the area to improve, and that is why I am in favor of this housing development going. Thank you very much. Chairman Regalado: Thank you. OK. Unidentified Speaker: One more, your -- there's one more, Commissioner Regalado. Chairman Regalado: One more. Unidentified Speaker: She needs assistance also. Claibel Gonzalez: Claibel Gonzalez. I live on 1550 Northwest 25th Avenue. I've been living there for 13 years. My children have suffered through their cars being broken, the glass was shattered. Right now, when I was coming here, there's a stolen car there. It's been there for two days, T94HW2. It's a Dodge Caravan. I don't understand much about cars, but it's there, it's broken. They just throw them there. If you set up another commercial, they leave during the night, but the other neighbors have to stay behind. Weekends, like Friday and Saturday and Sunday, you can't even sleep. They go drinking and smoking and doing all sorts of things there. I think that we, the neighbors there, wish the decent people there, that a construction (UNINTELLIGIBLE) would go up and that it be clean because even though we are poor, we do like to live in a decent neighborhood, and thank you. Chairman Regalado: Thank you, very much. With that, we have the rebuttal of the applicant's attorneys. Ms. Garcia -Toledo: And I'll try to be as fast as I possibly can. First of all, I'd like to put the printout of the City of Miami Certificate of Use search in your computers, which shows that there has never, since 1950, been any business registered on the site. I would also like to pass around photographs taken of the sheds directly to the east, where I stated that there is no activity. I think you can see for yourselves -- 193 June 27, 2002 Mr. Maxwell: Excuse me, Commissioners. Commissioner Teele: Yes, sir. Mr. Maxwell: I was looking hard. Excuse me. We have a quorum. I thought we had lost quorum. Go ahead. Ms. Garcia -Toledo: I know that I have made some statements into the record, as well, that I think have been seconded by many of the neighbors, but if there's any doubt to that effect, in terms of the gangs and the activities there, the problems that the neighborhood has faced with litter and so forth, I believe the NET (Neighborhood Enhancement Team) Administrator is here, and he certainly can attest to many of these issues. Certainly, there are laws in the books and those laws are meant to protect, but some of the testimony here would have you believe that the only thing that needs to be protected here is the coastal water of the river, and it seems like they're saying it should be protected at the expense of the neighborhoods and the residents of the City. This has to change. You heard from your very own staff that it has split zoning. You can't develop something that has split zoning, so you're either going to have to change this property all to R-3 or all to SD -4 and, clearly, the professional staff of your city has looked at this and told you that it needs to change to R-3, number 1. Number 2, there seems to be a presumption that the person in charge or with the purview or authority to interpret your zoning and land use is the Miami River Commission. I think that's totally incorrect. The only legal authority to interpret your land use and zoning code is your professional staff, and your professional staff has stated that this is consistent. Your professional staff has advised you that this should be rezoned and the land use should be changed. Let me also add that your Planning Advisory Board, after a two and a half hour hearing, where they analyzed all this testimony, voted -- I believe it was 5 to 2 -- to approve. Your Zoning Board, after hearing all of the testimony you've heard here, decided to approve this application 6 to 2, so certainly there is consistency here. They talk about restricting the area, but I think that's a false statement because clearly, Musa Isle, which you have heard, is right next door, is residential. The Del Mar Condominium across the way is residential. The neighborhood, which has been complaining about the noise, is clearly residential. What are we asking for here? We're not asking for the City of Miami to lose four billion dollars in river income. We're asking you to change one acre of land to make it consistent, so that it can be developed, and from this testimony, they would have you think that the river -- the Miami River, as we know it, and the marine industry, as we know it, would cease to exist because you changed one acre of land. I think that's a misrepresentation. You've also heard testimony from, I believe it was Captain Payne, his name, where he said he looked at this property, and you know what? He's in the industry. He has a successful business. He testified that his payroll or something was nine hundred and eighty thousand dollars annually, and he couldn't afford it for marine use, and he said not only he couldn't afford the land, but he would have to add to that the dredging, and the cost would be impossible for a marine use. Well, what do you think is going to happen to this property after the government dredges the river at a cost of eighty million dollars -- taxpayers' money? That property is just going to shoot up in value, so if he couldn't afford it now, he's certainly not going to be able to afford it later. I have to ask you to support the recommendation of your staff, of the Zoning Board, and the Planning Advisory Board, and approve this application. Thank you. If you have any questions, I'll be happy to answer. 194 June 27, 2002 Chairman Regalado: Thank you. Thank you. Unidentified Speaker: Am I permitted to rebuttal or just a question? Chairman Regalado: No, no, no, no, no. Public hearing is closed. You got your time. We got the rebuttal. We got everybody. We close the public hearing. Any comments from the members of the board? Commissioner Gonzalez: Yes, Mr. Chairman. There are quite a few issues here that I would like to refer to, but I'm going to begin with the -- with one that I consider to be one of the most important issues that has to do with these zoning change applications. Antillean Marine, to me, is one of the most denigrating, denigrating things of the City of Miami did in the past, among other things that were done in the city. When you take a neighborhood composed of residential area, of people that bought their homes there 40 years ago, and you allow a company to install a marine -- mercantile marine installation behind this neighborhood, and these residents now are not able to sleep, to watch TV (television), to hear the radio, or to do anything in their homes because the noise on back of their homes, because of the lighting at night while the ships are working and while the trucks are working and while the cranes are working, is a disaster. Even Mayor Manny Diaz had to intervene with his staff, trying to find a solution to this neighborhood and to the marine -- the Antillean Marine installation. Antillean Marine is in my district. The amount of complaints that I get from this installation are incredible. I receive calls at 10:30 at night, at 11 o'clock at night; people can't sleep on their own homes. Those people pay taxes and those people live in the City of Miami. Most of the people that work at Antillean Marine don't live in the City of Miami and don't pay taxes in the City of Miami, and the homeowners in my district, they do pay taxes and they can't have a decent quality of life in their neighborhood and in their own homes, and exactly, exactly what the City of Miami did -- I don't know how many years ago, 15, 20, 18 years ago -- is what is being pretended to do here in this site. Right now we have Musa Isles -- and I'm very familiar with this. This is my district, and I walk my district. -- there are some people that have spoken here today, that I'm willing to bet anything, that the first time that they have gone to that site is yesterday or last week, but I was the one that built the project of Fern Isle Garden Condominium, Allapattah Business Development two blocks away from this site, so I know that neighborhood. I used to go to the PBA Park when I was 14, 15 years old. I know the neighborhood, OK. We have Musa Isle Apartments, which is composed of about 600 units right to the east of this project. To the south of this site, all you have is condominiums, duplexes, town homes, and residential, and now we're trying to -- they're coming here saying "don't build anymore housing," which is compatible with what is there now, and lets build a marina, a commercial marine industry, next to these homeowners, next to these residents, next to these condominiums, to these homes, to do exactly the same thing that 20 years ago was done to the residents that live next to Antillean Marine, OK. A gentleman spoke about what a job pays in rent; seven hundred dollars a month, I think he said, or seven hundred dollars a week. Those seven hundred dollars a week, sir, are paid to the owner of the marine. That doesn't go to you; that doesn't come to the taxes of the City of Miami -- Unidentified Speaker: (INAUDIBLE) 195 June 27, 2002 Commissioner Gonzalez: No, sir. I'm -- this is not a public hearing. Chairman Regalado: No. The public -- Commissioner Gonzalez: I'm just answering -- Chairman Regalado: -- the public hearing is closed. Commissioner Gonzalez: I'm just answering the comments. Chairman Regalado: The public hearing is closed. Unidentified Speaker: (INAUDIBLE) works? Commissioner Gonzalez: Yes, I know how the -- I -- Unidentified Speaker: (INAUDIBLE) 19 people (INAUDIBLE). Chairman Regalado: No. Unidentified Speaker: (INAUDIBLE). Chairman Regalado: The public -- Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: -- hearing is closed, please. Commissioner Gonzalez: Mr. Chairman. Unidentified Speaker: Antillean Marine is (INAUDIBLE) -- Chairman Regalado: Sir. Unidentified Speaker: (INAUDIBLE). Chairman Regalado: Sir, as a favor, the public hearing is closed, please. Commissioner Gonzalez: Another issue that is very disturbing is that whenever we speak about industrial, whenever we speak about building factories and building warehouses and building all of these type of structures, we always think about District 1, District 3, in some instances District 2, OK, but when we talk about big projects and projects like this one, projects like -- you know, residential projects, something with a marina, something that could improve the quality of life, we never think about District 1. I mean, never -- you know, never talk -- don't even talk about District 1 or any of our district of us, the Commissioner that represent the poorest areas in the City of Miami. There is a marina on 22nd Avenue and 14th Street. It's a shop that fix boats, and 196 June 27, 2002 there is a NET Administrator right there. On a Saturday, I had to call him because this shop that repairs boats was occupying the entire street with boats that they are waiting on line to be repaired, and the traffic could not go through. The amount of grease on the street and on the sidewalks, it was incredible. That was a total mess. I had to call the NET Administrator; I had to call the Police Department in order to have all of those boats towed away, the trailers towed away, and the street cleaned up; exactly the same thing we have right now on 27th Avenue and 17th Street, something that I'm also working on to clean up that neighborhood. Because one of the things that I promised my constituents, when I was running, was to improve the quality of life of my neighborhoods, and I believe that is a commitment of all the Commissioners sitting in this dais, to improve the quality of life of our neighborhoods and of our people. We said, they're trying to build housing between two runways. Well, here, we're trying to build a marina between three presidential areas. We have a tremendous need of affordable housing in this city. These type of projects are the projects that give poor people the opportunity that, finally, once in their life, be able to own their own house, where to raise their children, and to say "this is my home," and we have discussed in different meetings and in different sessions that one of the priorities of this city is to build more affordable housing in different areas of the City of Miami, and I believe it is a commitment to continue building affordable housing. I, as a Commissioner of the District, of District 1, where this site is, I'm moving to approve the recommendation of the staff. So moved. Chairman Regalado: OK. We have a motion to approve. It's first reading ordinance. Do we have a second? Commissioner Sanchez: Second for the purpose of discussion. Commissioner Teele: Second for purpose of discussion. Chairman Regalado: OK. Go ahead, sir. Commissioner Sanchez: Well, you know, after listening to both arguments, there's one thing that we could all agree: the river is a working river, and although I'm very sympathetic to housing needs and the situation that we find ourselves in as the poorest city in the nation, I'll tell you what I don't want to be maybe a year from now or a year and a half from now when this project is completed, the same people that are moving in there and buying those properties, coming here complaining about the same thing that you complained about -- the noises, the lights, in the industry working -- I mean, the river itself, it's a historical river, but it's also a working river, but I could see -- and my decision will be made on the arguments today that were presented here in front of me today -- the only concern that I have is that if we approve this, we will be facing a situation where we'll have residents coming back a year from now complaining about what's next door. They need to realize what they're moving in and what they're buying in the future. That's the only concern that I have on this project. Commissioner Teele: Mr. Chairman. Commissioner Gonzalez: Well -- 197 June 27, 2002 Chairman Regal ado: Yes, sir. Commissioner Gonzalez: May I, please? Commissioner Teele: Of course. Commissioner Gonzalez: OK. Actually, if we don't approve the zoning to build more affordable housing there now, what we're going to have is the same problem that we had at the other site at Antillean Marine. Because right now in that area, in that specific area, you have -- like I said, in Musa Isles, you have over 600 units, so you have 600 families, and in the surrounding areas, which is across the street and on the other block behind this site, you must have easily 2,000 families in that neighborhood, so the problem you're going to have there -- if they install a marina there now, you're going to have problems. You're going to have people coming in here and complaining and calling the police every 15 minutes every night to stop the banging and the noise and the lighting and all these nuisance to the residents. Commissioner Teele: Mr. Chairman. Commissioner Gonzalez: In addition to that, there is plenty, plenty, plenty of river west of 27th Avenue, which is actually all commercial. Thank you. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, I want to compliment all of the presenters, and I want to particularly compliment my colleague, Commissioner Gonzalez, that represents the area. You clearly have indicated that you know the area. You've made certain policy references to this area in your campaign and, again, I want to give deference to your personal concerns as the District Commissioner. When this presentation started, to me, this was a no-brainer, and I compliment Ms. Toledo, your presentation; although, I'm very distressed that you did not come back and correct the record, as a member of the Bar. I heard your references to the -- I was sitting over there, but listening very closely to you about the NET Office. If there is something inaccurate, ask the NET offices, but the thing that is troubling to me as a member of the Bar is, if you, in fact, knew that the boats were being repaired there and the Planning Department, as some person has suggested, and you came today and made a similar statement, which, you know, it suggested -- you certainly lead me to believe that it was an abandoned and not used facility. I think, as a member of the Bar, you should be afforded the opportunity to clarify the record on that, because I think the most important thing that we have, as members of the Bar, is our word and -- you know, I believe you; you're here all the time, but I don't want to be misled and I don't think that you want to mislead me or anyone else, so -- Ms. Garcia -Toledo: Absolutely not. May I respond, Commissioner, please? Commissioner Teele: I would appreciate it. 198 June 27, 2002 Ms. Garcia -Toledo: I put the photographs of the site -- and I said, I felt they were self- explanatory, because I think a picture, you know, speaks a thousand words. The presentations and these hearings, unfortunately, especially at the Planning and Zoning Board, became a personal attack on me, and I felt that it was important that I stay above that affray. Commissioner Teele: Sure. Ms. Garcia -Toledo: Because as an attorney and a professional, I don't permit these things to become personal, but I think the photographs certainly speak for themselves. Also, there's testimony on the record below at the Zoning Board by one of the members of the Zoning Board, Mr. Ganguza, who, after hearing all this back and forth, put on the record, before he voted, the fact that he is a -- he has a kayak and he goes up and down the river all the time and he, in fact, said that he was extremely familiar, had gone in those sheds, have gotten out of those sheds very quickly, because he feared the condition they were on, and that, certainly, he had never seen any work going on in that river; he had never seen a yacht there, and that that yacht, he had no idea where it came from because it was put there two days after the Planning Advisory Board, and the fact that it was there two days after the Planning Advisory Board was not his testimony -- let me very, very clear -- it was my client's testimony. Commissioner Teele: All right. Well, listen -- Ms. Garcia -Toledo: But I appreciate the opportunity Commissioner Teele: -- I don't -- I certainly want to protect your good name and reputation. Ms. Garcia -Toledo: Absolutely, and I appreciate the opportunity to clear it. Commissioner Teele: And you're a very important member of this community -- Ms. Garcia -Toledo: Thank you. Commissioner Teele: -- and you certainly know that I will always protect your good name and record -- Ms. Garcia -Toledo: Thank you, Commissioner. Commissioner Teele: -- but I did want to give you that opportunity. I really do wish, Mr. Manager, Madam Manager, that somebody from the NET Office would go out there tonight, before 9 o'clock, and come back here and tell us if there is a boat of this vicinity there now or not, because it's very troubling to me if it's there or not there, and we've got all of this documentation. I was glibly trying to bring reference so that you could correct the record, candidly, when I spoke with Representative Fransack [sic] about this, that they've documented not only the boat, but with bills from the One Hour Photo shop about the boat being there, so I mean, I don't want to turn this into a boat hearing or (UNINTELLIGIBLE). I just think that it's very, very important that we all stay together and we all work together because I respect you and I respect Representative Bohnsack and other members of this community, But let me just tell you 199 June 27, 2002 where I want to be on this issue or where my -- where I'm leaning toward on this issue. This a difficult issue to me, Commissioner Gonzalez, because we are all for housing, and whether it be affordable housing or homeownership or low to moderate, I don't understand candidly. Believe it or not, I really don't understand each of the economic nuances of all those things. To me, that's sort of a distinction without a difference, and so if it's a coded message in this -- I don't care if it's subsidized or public housing -- from my vantage point, everybody that God made has a need for housing and it's up to us to provide it. Now, it's up to us to provide it in the right location. Believe it or not, what I'm bothered by about this whole thing, Commissioner Gonzalez, is Martin Luther King Avenue -- Martin Luther King Drive, 62nd Street, and from the day I came to Miami until this day, I will never understand why the City of Miami Planning staff allowed pubic housing to be put abutting, abutting MLK (Martin Luther King), 62nd. That is one of the most important commercial corridors in Miami and, yet, in the African-American community, we do those things. We do them because the government let it be done. No one would put public housing along a major commercial corridors on Calle Ocho; you'd put it one block back, and to me, the analogy that is coming very clear is that this river is a major corridor. I mean, it's a one -of -a -kind corridor, and I happen to believe that it's not so much about protecting the corridor that I'm concerned about, it's the people who are going to be in those houses, who are going to be complaining in six years or eight years or ten years and, you know, we're going to wind up chocking this thing off from the back end around. Now, you know, I don't know, Mr. Attorney, but is there any way, if this goes forward, there could be a requirement that we put a deed restriction or something that makes the people acknowledge -- because this was a debate at Homestead Air Force Base and these people who want to run in and build right next to a runway and, then three years later, complain about the noise of the airplane, and then they spend all their time organizing to shut the airport down, so we've got to be concerned about the public policy question, not that I'm opposed to the housing. I am opposed to anybody being in a position to complain about the river tomorrow and the next year, and it aint my problem, Commissioner; it's your problem. You're going to have -- you know, you're term limited -- what, you've got another eight years here, so, you know, if this goes forward, it's going to be -- really be your problem, but I'm very, very concerned about the testimony of people saying now that the Mayor had to go out -- this is the fist time I heard it -- they got referees out trying to determine do you shut down the boat yard or do you shut down the residential, are the lights on and that. That's the unintended consequence I'm afraid of, and I'm going to support the ordinance on first reading, as a courtesy to you and the position you're in, but I really want to get a lot more about what has been coming through the NET offices along the river, because I'm going to tell you something, Angel. We may be winning this battle, but getting ready to lose the war by putting too much residential on this major boulevard, this major water marine boulevard, in which we recognize, in my judgment, that it really doesn't encroach on the marine life that's there. In my mind, it doesn't. It's vacant. Nobody said that it was a great shipbuilding yard during the World War II or it's submarines -- submarines or something was built on the Miami River during the War, wasn't it, at some point? Unidentified Speaker: PT boats. Commissioner Teele: PT boats. This -- nobody said this is a historic PT boat site or any of that, but what does bother me very, very much is, we could be setting this government up for real complaints from residents, you know, five years, ten years, twenty years from now because, let's 200 June 27, 2002 face it, it's right next to a yard. It's right next to one, and these folks, these wonderful people that are going to live there, whether they be affordable or whether they be silk stocking, they all are going to be complain about the noise and the lights and the cursing that goes on around ship yards, I read about, and the kinds of things that go on there, so I just think we need to balance this stuff real carefully, not just based upon whether or not this is a nice -looking building and we want to provide housing, but what are we setting ourselves up for? And I'm going to go forward on first reading, but my mind is very much going to be persuaded by what is the history along the river with the various NET offices, because I think we could be setting ourselves up for some serious kinds of challenges as we go down the road. Thank you, Mr. Chairman, and thank all of the members who testified. Chairman Regalado: Thank you. We have a motion. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: A couple of things I would like to add, and part of my comment will be about the site, another part of my comment isn't about the use, but it is about rezoning, and when you look at the aerial photographs around there, that site, there is a lot of residential housing around there, you know, and granted some of that residential housing has multipurpose use where people are running some sort of marine -related business out of their home, and so when I just looked at the site, I struggled with what the right answer is on this thing, but it isn't irrational to have housing when you got all that housing nearby there. However, my vote has been consistent since I got here on the element that concerns me the most about this particular -- about this deal, and that is the up -zoning part of this. I have voted against up -zoning every single time that issue has come before this Commission since I got here, and the reason for that is because up -zoning leads to one thing and one thing only, and that's speculation, and when you send the message to the development community that you can come before the Commission and you can get a piece of land that is zoned a lower intensity use, rezoned to a higher intensity use, then the values go up everywhere and the intended use disappears because everything goes for sale, and the sale price won't support the lower intensity use; it will only support a higher intensity use, which means then that nobody will buy it until those people -- the developers are brave enough to come before the Commission to try to get it up -zoned, and if the Commission sends a signal that we're willing to up -zone, it creates this awful, awful cycle that never ends up being good for neighborhoods, period. This is a unique site, though, in my mind because it's kind of at the end of the road. It is circled -- it is -- three-quarters of the site is surrounded by residential. I see a conflict that that site -- I don't care what happens. That site is doomed to conflict because I think we made mistakes sometime ago. Probably the first mistake we made was allowing that first residential property nearby to happen. I don't know how that -- but that was the first big, big mistake, so this site's going to be doomed. This Commission is going to be dealing with those battles, those conflicts on this particular site forever, but in the future -- and I want to make it crystal, crystal clear to all of my colleagues -- I will not support a change of use that creates a higher intensity zoning along the river in the industrial zone here, where you have river -related uses. I'm not sure what I'm going to do with this one. This one is a little more complex in my mind, but I won't, in the future, at all, period, end of story -- because I want the message to be 201 June 27, 2002 very clear to the development community that in any other similar situation, I'm not only going to vote against it, but I'm going to be very vocal in my opposition to it because I don't want to see the marine -related industry that's so important to our economic well-being in the City of Miami, in Miami -Dade County destroyed and that's what up -zoning will do, so end of story. Chairman Regalado: OK. We have -- no, he hasn't decided, yet. We will know -- Commissioner Sanchez: All right. Chairman Regalado: -- in 30 seconds. We have a motion and a second. Read the ordinance. Roll cal. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: First reading, yes. Ms. Thompson: Commissioner Winton? Vice Chairman Winton: I don't think you've ever called on me third. Yes, yes, no. Ms. Thompson: Commissioner Teele? Commissioner Teele: For first reading only, I'm voting yes. Ms. Thompson: Chairman Regalado? Chairman Regalado: Yes. OK. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2415 NORTHWEST 16TH STREET ROAD, MIAMI, FLORIDA, FROM "INDUSTRIAL TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONSTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVING FOR AN EFFECTIVE DATE. 202 June 27, 2002 Was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: None. The Ordinance was read by title into the public record by the City Attorney. 26. FIRST READING ORDINANCE: AMEND PAGE NO. 25 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM SD -4 WATERFRONT INDUSTRIAL DISTRICT AND R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AT 2415 NW 16TH STREET ROAD (Applicant(s): Jorge Muniz). Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 15 is a companion. Chairman Regalado: PZ -16 is a companion. Joel Maxwell (Deputy City Attorney): No, no, this is 15. Ms. Slazyk: 15. Mr. Maxwell: 15. Chairman Regalado: Oh, I'm sorry, 15. Do we have a motion? It's been moved and second. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): Commissioner Teele? Commissioner Teele: First reading only, yes. Ms. Thompson: Commissioner Winton? Vice Chairman Winton: Is this the same thing? Chairman Regalado: Yes. Vice Chairman Winton: No. 203 June 27, 2002 Mr. Maxwell: It's the companion. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes. Ms. Thompson: Chairman Regalado? Chairman Regalado: Yes. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTATCHMENT, AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM SD -4 "WATERFRONT INDUSTRIAL" AND R-3 "MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL" TO R-3 "MULTIFAMIILY MEDIUM -DENSITY RESIDENTIAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 2415 NORTHWEST 16 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SECERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 27. SUPPORT GREATER MIAMI MARDI GRAS CELEBRATION SCHEDULED FOR PRESIDENT'S DAY WEEKEND 2003 IN DOWNTOWN MIAMI; AUTHORIZE MANAGER 204 June 27, 2002 TO COORDINATE AND FACILITATE DONATIONS FROM VARIOUS BUSINESSES AND ORGANIZATIONS FOR REALIZATION OF MARDI GRAS, IN CONJUNCTION WITH HAITIAN AMERICAN FOUNDATION, INC. Chairman Regalado: OK. We -- thank you. Item 16 was -- Lucia, you asked for a few minutes, so we're coming back with Item 16. Commissioner Teele: What is this on? Chairman Regalado: Item 16 -- PZ -16 is 41-140 Northwest 41st Avenue. 42 -- it's -- is this -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes. Commissioner Teele: Mr. Cayard has been here all day. There's a resolution that was from this morning at 9 o'clock, the Mayor. I'd just like to move the resolution that basically authorizes the Manager to work with him on the Mardi Gras that's been prepared and to -- it doesn't commit dollars at this point; it just says that we'd like to move forward with it -- Vice Chairman Winton: Second the motion. Commissioner Teele: -- and I would so move. Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Regalado: OK. Ms. Thompson: I need to get -- Chairman Regalado: We have a motion and a second. All in favor, say, "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: 205 June 27, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION 02-749 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING GREATER MIAMI MARDI GRAS CELEBRATION SCHEDULED FOR PRESIDENT'S DAY WEEKEND 2003 IN DOWNTOWN MIAMI; FURTHER, AUTHORIZING THE CITY MANAGER TO COORDINATE AND FACILITATE DONATIONS FROM VARIOUS BUSINESSES AND ORGANIZATIONS FOR THE REALIZATION OF THE MARDI GRAS, IN CONJUNCTION WITH THE HAITIAN AMERICAN FOUNDATION, INC. 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 NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Teele: The resolution is printed. Is there something else? Chairman Regalado: Yes. The resolution that you passed, it's about the Mardi Gras. I think that Ringo wants -- Alejandro Vilarello (City Attorney): Mr. Chairman, we need a copy of that resolution. Chairman Regalado: Yes. I think that Ringo -- Commissioner Teele: You all didn't prepare it? Chairman Regalado: Did we -- Mr. Vilarello: Not this item, no. Chairman Regalado: How about this, the one -- how about the one on the Knight Center? Mr. Vilarello: This is different than the one that the Mayor distributed this morning, sir. Chairman Regalado: Let him -- he needs to say something about the Knight Center event. Go ahead, Ringo. 206 June 27, 2002 Ringo Cayard: We -- at the Manager's request and the Commissioner, we went to speak the people from the Bureau. Lina Blanco is right here, and they come up with a recommendation and staff has it. Commissioner Teele: If we're getting ready to deal with money, I think you need to just get in line behind everybody else because, you know; no preferences, if you're going to come get money. Let's try to work through this, Ringo. I thought you had -- this is the first I'm seeing this. Nobody's given me this before. Mr. Cayard: We met with your staff, Commissioner. We spoke to them -- that's for the (UNINTELLIGIBLE) book, the one we spoke this morning. Vice Chairman Winton: So what's up? Everybody's ducking. Commissioner Teele: Mr. Chairman, I move the approval of the -- Chairman Regalado: Yes. Commissioner Teele: I move approval of the Manager's recommendation related to Mr. Cayard's personal appearance, as signed by the Manager, with a fiscal impact of $11, 342.58. Vice Chairman Winton: This isn't for Mardi Gras. This is for -- Commissioner Teele: This is for -- Chairman Regalado: The Knight Center. Vice Chairman Winton: -- the Knight Center thing, right? Mr. Cayard: For the Knight Center. Commissioner Teele: -- the Knight Center, July 7 t Vice Chairman Winton: I guess you'll need me to second for discussion, so I will second for discussion. Chairman Regalado: OK. Commissioner Teele: Call the question. I'm only joking. Chairman Regalado: No, don't call the question because there is only three here. Commissioner Teele: But he's only got one vote. Vice Chairman Winton: Right, you may not want to do that. You know, I -- 207 June 27, 2002 Chairman Regalado: We need another one here. Vice Chairman Winton: Right, (UNINTELLIGIBLE) quick. Mr. Cayard: Commissioner Winton, please, could we get another person? Vice Chairman Winton: You want me to be quiet until they get here, right? Commissioner Teele: Well, I think we ought to -- I don't want to move money without a Commissioner being present -- Mr. Cayard: Yes. Commissioner Teele: -- so I think we ought to just defer this for the time being and let the Commission be here, but we've got a whole lot of things that involve a lot of other people -- Mr. Cayard: Well, that's fine. Commissioner Teele: -- that we ought to -- Vice Chairman Winton: Yeah. Commissioner Teele: I mean -- Mr. Cayard: That's fine. Commissioner Teele: You know, we got all these people here waiting for the CRA (Community Redevelopment Agency). We've got a whole bunch of things going on, and I really do think that we should not jump like that. Mr. Cayard: Thanks. 208 June 27, 2002 28. CONTINUE CONSIDERATION OF AMENDING ORDINANCE 10544, FUTURE LAND USE MAP OF COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 42-140 NW 41 AVENUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002. (See #22). CONTINUE PROPOSED AMENDMENT TO PAGE NO. 32 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL AND SD -12 BUFFER OVERLAY SPECIAL ZONING DISTRICT TO C-1 RESTRICTED COMMERCIAL AT 42-140 NW 41 AVENUE, TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002. Chairman Regalado: OK. Let's go back to PZ (Planning & Zoning). Lourdes. Lourdes Slazyk (Planning and Zoning Department): Yes. PZ -16 and 17 are companion land use and zoning application. The Planning and Zoning Department recommends denial. It was recommended for denial by the Zoning Board, but -- the Planning Advisory Board recommend denial, but they passed a separate resolution -- a separate motion to the City Commission that if you were to so accept the voluntarily proffered covenant as part of this companion zoning change item, that the covenant should address issues, such as uses, height, and setback. The applicant has proffered a covenant that does these things, so that was -- Commissioner Teele: Are you all recommending it with the covenant? Ms. Slazyk: We have reviewed the covenant. We feel that the covenant does address those issues. If the Commission were to so accept it, we would have no objections, but we can't rec -- Commissioner Teele: Wait a minute. Say that again. Ms. Slazyk All right. Commissioner Teele: You got these roles changed. Now, let's take this real slow. Ms. Slazyk All right. The Planning and Zoning Department can't accept covenants; the City Commission can accept it, but they're voluntarily proffering it, and we've looked at the issues that they've addressed in the covenant and the issues deal with the points that we had of objections, so with the covenant, there would be no objections. Chairman Regalado: OK. Go ahead, Lucia. Lucia Dougherty: Good evening, Mr. Chairman, members of the Board. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on a piece of property that is located in green on this diagram. It is currently zoned R-2, with an SD -12 overlay, which allows 209 June 27, 2002 parking to service the R -- excuse me -- to service the C-1 zoning district, which is immediately abutting it. Now, if you look at this map, all --- Commissioner Teele: Are there people who are in opposition to this? Ms. Dougherty: Yes, there is. Commissioner Teele: All right. Take your time. Ms. Dougherty: All of the area that you see in white here -- and you'll see the zoning district map diagram -- is C-1, and what we're asking to do is move the C-1 line over to this green line and you'll -- I think you'll understand the reason for this in a minute, but we're asking for it to be moved over to this line with a covenant, and the reason for this is when they widened Lejeune, they took 20 feet off of the property on LeJeune, and what we're really asking to do is to move the zoning line over 20 feet in this direction, and when I show you this diagram -- this is a diagram or -- Don Sackman is here with me and -- excuse me -- my client, Jose Bashetti, is here. He's the owner of the property. This is the old El Cid property, and for your information, this is Le Jeune Road and Southwest 8th Street -- excuse me, Flagler Street, so LeJeune, Flagler Street, 41st Avenue is immediately before us. This diagram demonstrates why this is necessary. This is a hotel that was approved for the site. This again is LeJeune Road. It is literally on LeJeune Road because we have to squeeze everything on LeJeune Road. There is no ability to do any gracious architecture here whatsoever. In other words, you can't even have a gracious entrance to the property, and what we're trying to do is have a residential -- Chairman Regalado: Excuse me. Can you give us a hand outside? I mean, you know, they have like a party or something. Can -- Ms. Dougherty: What we're trying to do is residential on this site. We cannot do it in this very slim portion of property, and we can't move it back because all you can have on the SD -12 is parking to service the parking lot, so what we've offered the City and the other residents who have come and support us in the past is a covenant, and what we've said is that there'd be no vehicular access from 40 Street, which is -- excuse me, 40 Avenue, which is this property here. There would be no trash or storage or storage of any trash on that property or garbage and, by the way, this Burger King site, this, by the way, is where their trash is stored, right next to the residential neighborhood. The buffer. There would be a buffer here for 20 feet of landscaping. There would be no parking visible on LeJeune Road, at all, so why we would move the building back to have a more gracious entry, we would not put any parking on LeJeune Road whatsoever. The abutting property -- if this current -- if this abutting a property -- and these two folks, by the way, are supporting us -- if this -- we would set back our property 20 feet from their property line. Vice Chairman Winton: (INAUDIBLE) Ms. Dougherty: Residential is what we had planned, and I'm going to show you that in a minute. The setbacks -- 210 June 27, 2002 Commissioner Teele: Whose district? Is this yours? Ms. Dougherty: I'm just going to show you this diagram. This area here is 41st Avenue. This is LeJeune. The dotted line here that goes along here is the area that we could build if we were to have it rezoned C-1, but the area here that we're restricting ourselves not to build in is all of this area here that's in gray, so what we're saying to you is that all we're trying to do is move this zoning line over 20 feet because, as you see from the widening of Le Jeune -- from here to here is only 85 feet, and this is the currently C-1 zoning. From here to here is the current R-2 zoning, with the SD -12 overlay, there's 105 feet, so what we're really doing is asking to move the zoning line over to 20 feet to have a building that's at least 70 feet wide, and that's what you need for a residential building. You need six foot of corridor and at least 35 feet on each side for a residential building, so that's what we're seeking to do. All of the area that you see in here, we are not going to build in, that we otherwise could build with a C-1 district with this covenant. The rest of the covenant, we have a prohibited uses; not to have nursing homes, orphanages, automobile service stations, ambulance services, used car sales, hiring hauler labor pools, community-based residential facilities. We are also willing to amend this covenant to prohibit any other uses that the neighbors that we've recently met this evening, who said "We don't really care how high it is; we don't care about the parking garage in the back, but we really are concerned about the uses" so, again, we're willing to amend it to any other extent that the neighbors would want, and those are, basically, what the covenant provides. Again, I would like to present to you the letters of support that we have from the abutting neighbors, and we think this is justified for two reasons: One is, again, the widening of LeJeune Road, which it makes absolutely no sense, in terms of the depth for any kind of residential or even commercial, other than a strip shopping center. Currently, what you have here is an office. Even though it's in the residential, it's a nonconforming office. You have a car wash. You have Burger King. I mean, that's the kind of uses that you're going to have here, if you don't allow for a little bit more depth of graciousness on this -- on LeJeune Road. The other thing that we think that is justified - - because if you look at the transition on the C-1 across the street, it's got a lot more depth. All of this is C-1. It's a much wider depth, so the mirror image across from LeJeune, I believe, also justifies a little wider zoning on it. Right now, there's no transition. There is, basically, C-1 and residential. With this, we believe that there would actually be a buffer. We're required to have a 20 -foot landscape buffer before we even get to the building, and we would provide a wall or we'd leave the existing wall, if that's what the neighbors would want, but anyway, we would urge that you would support this on first reading. Commissioner Winton: I still don't understand -- Chairman Regalado: Thank you. Vice Chairman Winton: -- what the 20 -foot buffer right next to the single-family house there on the -- is that south? -- south side. Ms. Dougherty: This right here? Vice Chairman Winton: Right. What you say -- 211 June 27, 2002 Ms. Dougherty: We would put a 20 -foot -- we would not build within this first 20 feet, is what we would -- Commissioner Winton: So that'd be a landscape buffer? Ms. Dougherty: Correct, but this residence is also supporting us. Commissioner Winton: Well, but there's going to be a new residence there some day. I mean, it's about future value, not just today's, so -- Ms. Dougherty: Correcto. One of the other things I wanted to point out to you, the folks that we were -- that did talk to us earlier said, "How do we know that this covenant is going to run with the land?" And the provisions that we have in here is that it runs with the land, and the City Attorney, who reviews them, to assure that it not only runs with the land, it runs with every other person who buys the property. Then we also have made it so that it's enforceable by everyone within 500 feet of the property. It's not only enforceable by the City, but all of our residents who could enforce it, as well. Chairman Regalado: Thank you. Anybody from the public that wish to speak? On that mike. Just grab the mike and -- Unidentified Speaker: You have something that is for -- Chairman Regalado: Yeah, yeah, yeah. Commissioner Teele: Your name and address, for the record. Chairman Regalado: Your name and address. Haydee Valdes: My name is Haydee Valdes. I live in 4341 Northwest 41st Avenue, right over there, on front -- Commissioner Sanchez: Where, where? Ms. Valdes: -- of that space. Commissioner Sanchez: Point to where your house is. Ms. Valdes: OK, I point. My house is right here. That's a duplex complex, OK. I understand that this area is restricted for duplex. These people that live here passed away a few months ago and these people here that's waiting to receive money in order to sell the property. Commissioner Sanchez: They're going to sell the property? Ms. Valdes: They are waiting for that project. I -- the things that I realize that, if they change this one for -- I know that she explained that this is the smallest space to build a building. It's a 212 June 27, 2002 way that the C-1, you can give it the 20 -foot that he require, but maintain all that area over there like an R-2 is not OK. In that way, I don't see that this could be a very good idea to have a commercial the complete area because they are houses, all of the houses that people that living here with children, and if this is all commercial, maybe they're planning to make a building. Maybe they change the planning. Maybe they build -- they sell the property and they make another things over there that we don't know. If they change completely in a -- Commissioner Sanchez: What would be the setback from the rear portion? Ms. Valdes: -- commercial area. Commissioner Sanchez: Please. Excuse me. Chairman Regalado: But (UNINTELLIGIBLE), they just said that the covenant -- Ms. Valdes: You understand? Chairman Regalado: No, I understand, but the covenant runs with them or anybody who buys the property. Commissioner Sanchez: Who buys it. Chairman Regalado: Anybody who buys -- Ms. Dougherty: It's a 20 -foot -- Chairman Regalado: -- the property goes with the covenant, goes -- Ms. Dougherty: It required a 20 -foot -- Chairman Regalado: -- with that property. Ms. Dougherty: -- landscape buffer from their -- Ms. Valdes: (UNINTELLIGIBLE) their covenant. Commissioner Sanchez: OK. Ms. Valdes: (UNINTELLIGIBLE) that they have, you know -- Mr. Maxwell: Miss, your comments have to be on the record. You need the microphone. Ms. Valdes: I'm sorry. Mr. Maxwell: You need the microphone 213 June 27, 2002 Ms. Valdes: Thank you. I say that this is -- Chairman Regalado: El Cid used to have a wall, right? Ms. Valdes: OK. This area is restricted for duplex, OK. You say that you can give me the 20 - foot that they wanted -- Commissioner Sanchez: Yes. Ms. Valdes: -- to build a building. Commissioner Sanchez: It's in the -- well, it's going to be set back landscape 20 -feet. Ms. Valdes: Yeah, but they -- the things that he explain me outside is that he need 20 foot inside here in order to build a building. That's the C -- that's the (UNINTELLIGIBLE). Chairman Regalado: And to do the landscaping. That's what they need. Ms. Valdes: No, no, I don't explain -- I don't ask about landscaping, no. No, no. Let me explain. This one here, he said outside to us that he needs from this line here -- that is a half of the space for the land -- that he need 20 foot in order to build the building. That's the thing that he told us. If you give us this 20 foot from the center to that, not from the wall or something, from the center to that, if you need the 20 -foot for the C-1 to build a building, no problem, but this area from here to here, to the wall, that is inside of the land, maintained -- that is residential. You can do that. Commissioner Sanchez: I don't think we could do that. The guarantee is -- Ms. Valdes: They have -- Commissioner Sanchez: -- that they're going to have a 20 -foot setback, which is going to be landscaped. It's a buffer. Ms. Valdes: No, but we don't need that one. How do I want a -- they don't -- if you go to my area -- you see over there, you see, this is a street. Commissioner Sanchez: Right. Ms. Valdes: This is about how many foot -- Commissioner Sanchez: What's your setback? What's your setback on your property? Ms. Valdes: They have a lot of the space here with a green space. Commissioner Sanchez: What's the setback on her property? 214 June 27, 2002 Ms. Slazyk: It's supposed to be 20 feet. Ms. Valdes: That is a SD overlay. Commissioner Sanchez: 20 feet. Ms. Slazyk I don't know if she actually has -- Ms. Valdes: That is SD overlay, and they have a wall here. I OK that the wall maintain here. The wall is up in there. Chairman Regalado: The wall is to be there -- Ms. Valdes: But he said -- Chairman Regalado: -- when El Cid was there. When El Cid was there, the wall was there, right? Ms. Valdes: Was there. About 20 years ago, they -- Chairman Regalado: And they want to keep it. Commissioner Sanchez: If they want to keep it, are you OK with them keeping the wall? Ms. Valdes: Exactly. Commissioner Sanchez: OK. Ms. Valdes: Not to change it. Commissioner Sanchez: It's the art of compromising. Chairman Regalado: The only thing -- Ms. Valdes: Even though, if they buy the other -- Unidentified Speaker: Wait, wait, wait. Ms. Valdes: -- houses -- because this is a Burger King, and this is two houses that they planning to buy, and the wall is unto here. Chairman Regalado: Well, they've got to build the wall then. They've got to build the wall up to the Burger King then. Ms. Valdes: Because the concern of -- I have -- the people that -- 215 June 27, 2002 Chairman Regalado: No, no. Ms. Valdes: -- live here is old people in wheelchairs. They can't come. Chairman Regalado: I know what you're saying. If they do that, they got to continue the wall to the Burger King line. Ms. Valdes: Exactly. That's the thing that I concerned. Chairman Regalado: That's what the neighbors, I guess, would want because that's what used to be with El Cid. The problem that I have with we have now, every week -- but it's no longer there, but you may remember that there were two homeless that would make a shack in the corner, where they have the debris and live there -- Ms. Valdes: They sell drugs. Chairman Regalado: -- forever. Ms. Valdes: About three years ago, I am the person that called the police. Chairman Regalado: I was there. I was there. Ms. Valdes: I never -- excuse me. I never see you there. I have to contact -- Chairman Regalado: I don't know at what time you're there Ms. Valdes: -- the Chief of the Police Department because I hear in the radio, and he was the man that take care of the people. Chairman Regalado: Ma'am, if you didn't see me -- Ms. Valdes: I'm sorry. Chairman Regalado: It's because -- Ms. Valdes: Maybe I don't went there. Chairman Regalado: -- maybe you're not watching 24 hours -- Ms. Valdes: Exactly. Chairman Regalado: -- a day -- Ms. Valdes: Exactly. 216 June 27, 2002 Chairman Regalado: -- but I was there. I know exactly what I'm talking about. We had to go with the NET people to cut the weeds with some -- two guys from the NET office have cut the grass several times on this area facing Northwest 1st Street, which is where the homeless used to live. On your side, what they did is they dumped a lot of trash. On 41st Avenue, we pick up -- we did two special pick-up in the last two or three months of trash and debris. Ms. Valdes: But the people that own the property is not -- is not supposed to maintain that area? Chairman Regalado: No, the City is responsible for the swale and the sidewalk, not the people, not the people that -- you're not responsible. Ms. Valdes: That area -- Chairman Regalado: You're not responsible for the swale area. Ms. Valdes: No. The people that buy the property, they that buy the property, they are supposed to maintain this area? I am -- Chairman Regalado: Yeah, but -- Ms. Valdes: -- I don't know. I'm asking. Chairman Regalado: No -- but yeah, but I'm talking -- I don't know if you remember that they dumped a lot of trash in front of your house or maybe this was -- Ms. Valdes: No. The -- all the neighborhood put one (UNINTELLIGIBLE) a week in front of my house. It's a hole. They put the trash over there and the trash is coming and pick it up. Chairman Regalado: I know that, but -- Ms. Valdes: But is this normal? Chairman Regalado: No, it's not normal. Ms. Valdes: Not the homeless. Chairman Regalado: It's not normal because I get complaints from the residents because it -- one was two weeks there, and I was there. Ms. Valdes: Well, because they don't pick up the trash, but it's not because the people on the street throw -- Chairman Regalado: But what I'm saying is that I think that the residents and yourself would want to have something there nice; that's what I think. You know, I believe that you would -- Commissioner Teele: (INAUDIBLE) all sit down and bring this thing back. (INAUDIBLE). 217 June 27, 2002 Louis Nanson: May we speak over here, please? Chairman Regalado: Yes. go ahead. Ms. Nanson: I'm representing -- Commissioner Teele: Your name. Mr. Nanson: My name is Louis Nanson. We live at 125 41st Avenue, OK. We're representing her -- our -- my mother-in-law and father-in-law; her mother and her father. We are in agreement with whatever they're going to build there because it's -- they have the right to build on that property that they want. Now, what we don't want is them to change the entire zoning of the R-2 to C-1 because who knows, in the future, what can be built there? Yes, I know there are restrictions. Yes, I know that already there are things in place to limit whatever it is, but that's fine for what they have already on the other side, on LeJeune, because that's what it was purchased when everyone moved into that area. They understood that just like they understand what they got into when they bought it now. To say that they're going to rezone -- give them the 20 feet. They need 20 feet to build a high-rise, fine. Now, the space behind that, they can build a parking lot. It can only be a service lot, fine, but maintain that; we'll still keep the wall. The wall is going to be in place. It's in their contract. That's all understood, but who's going to guarantee when, 30 years down the line, they sell the property or tomorrow, if they sell the property, what's going to be built there? I know that the contract follows the owners, but there is still leeway in the contract to build what they want. Ms. Dougherty: Mr. Chairman -- Chairman Regalado: What leeway? Ms. Dougherty: -- one of the things I did propose to them is that, if you were to pass this on first reading, what we would do, at our expense, is hire them a lawyer at -- whoever lawyer they want -- to help negotiate this covenant, so that they can feel like they're protected. Chairman Regalado: Are you OK with that? Commissioner Sanchez: And it's only first reading. Mr. Nanson: We've -- Commissioner Sanchez: It's got to come back for a second reading. Mr. Nanson: We understand that, but we have spent, God knows, how many hours here and this is the first -- they say that there has been -- they've come here three times. Ms. Dougherty: This is the third time. 218 June 27, 2002 Mr. Nanson: But we didn't -- this is the first time that we have received a letter. Chairman Regalado: No, because -- Mr. Nanson: They say -- Chairman Regalado: -- when they came -- excuse me. When they came here, they came here a long time ago. Mr. Nanson: Who did? Chairman Regalado: They did. Mr. Nanson: They did? Ms. Dougherty: I think that they were -- Chairman Regalado: But it was for Le Jeune Road, not -- they weren't touching the other part. Ms. Dougherty: No. They were referring -- Chairman Regalado: That's why they had to come back. Ms. Dougherty: They were referring to the Zoning Board and the Planning Board, which we had two other meetings. Mr. Nanson: Exactly. This is the first letter we received for a change of zoning. The first time was just because they were going to build something. We don't remember what it was, but it did not speak of change of zoning. When we saw change of zoning, that's when our eyes opened up because that's what we do not want. Now, if they want to divide the property down the middle and give them an annex of that R-2 to C-1 -- Chairman Regalado: We can't do that. We cannot do that. Mr. Nanson: Why not? Chairman Regalado: Because the law does not -- Mr. Nanson: The law -- are you not the Commissioners? Can't you vote on changing laws? Chairman Regalado: No, we can't change the law. Mr. Nanson: You cannot? Chairman Regalado: We can extend some zoning, but we cannot just here change a law and say, you know, what is green may be half green or whatever. We decided that it's going to be night or day. 219 June 27, 2002 Mr. Nanson: So there's no compromise then? It's all black or white, because you said compromise -- someone said something about compromise, but now we can't compromise. Chairman Regalado: No, no. The compromise is on the covenant. You don't agree with the covenant? Mr. Nanson: We are in the position to not agree, and we have spoken with everyone along our side of the block. I don't know what signatures they received, but we, yesterday, spoke -- Chairman Regalado: Can I have the signatures, please? Mr. Nanson: -- with everyone. Commissioner Sanchez: Sir, do you have a copy of this declaration? Mr. Nanson: We saw that copy; we read the whole thing. Chairman Regalado: Let me have -- Mr. Nanson: We don't have it in our possession, but we have it. Chairman Regalado: Let me read the -- Antonio Labra, do you know him? No. Commissioner Teele: Mr. Chairman, I respectfully request that we defer this item to the next meeting, give everybody a chance -- look, we're not going to lose anything. If we schedule this for second reading, we don't have a zoning agenda on the 10th, do we? Do we? No. Chairman Regalado: We do not have a zoning agenda. Commissioner Teele: OK. Commissioner Sanchez: That sounds good. Commissioner Teele: The next zoning agenda is on the 25th. The gentleman is very uncomfortable with us just voting on this on first reading, and what I'm saying is, if we defer this and take it up on first reading on the 10th and give them time to meet, and then still make the 25th of July and nobody is harmed. They get an opportunity to meet. Ms. Dougherty: That's an excellent idea. That's great. Commissioner Teele: I mean, everybody -- Chairman Regalado: On the 9th. On the 9' Ms. Thompson: On the 9th 220 June 27, 2002 Ms. Dougherty: That'd be fine with us. Commissioner Teele: On the 9th Chairman Regalado: It has to be on the 9th Commissioner Teele: But, Mr. Chairman, we need to get -- Chairman Regalado: I have one set here. It's a Mr. Antonio Labra, 32 Northwest 41st Avenue. You have the other ones here. It's Public record. Unidentified Speaker: (INAUDIBLE). Chairman Regalado: That guy, are they dead? Unidentified Speaker: They live on the other side. No, no. Chairman Regalado: Well, OK, OK. Unidentified Speaker: (INAUDIBLE). Chairman Regalado: I mean -- Unidentified Speaker: OK. My name is -- Chairman Regalado: We are -- Unidentified Speaker: Can I -- Chairman Regalado: One second. You know, the City Commission -- I understand that you spend here a lot of time, and I understand it is about your home, but members of the Commission are saying, let's bring this back; don't vote today so they can talk to you, if you wish to talk to them. Laimi Fernandez: But they have -- they changed this one about four or three hours ago and I (UNINTELLIGIBLE), and I spoke to them outside -- Chairman Regalado: We will not vote today. Ms. Fernandez: OK. Chairman Regalado: We will vote on July the 9th -- Ms. Fernandez: You will -- 221 June 27, 2002 Chairman Regalado: -- on first reading. Ms. Fernandez: I receive a letter or you want to send me that one? Chairman Regalado: No. You are being told now because -- because of you, we are not voting today. Because of you, we are not voting today. If you weren't here, we would have voted today, so you are told, officially -- you don't need to get a letter. You are told, officially, that on July 9th __ Ms. Fernandez: July 9th Chairman Regalado: -- July 9th, a Tuesday, we will be here. Commissioner Teele: Find out what time (INAUDIBLE) take it up. Chairman Regalado: We will hear this at 6 o'clock. Ms. Fernandez: Six o'clock, OK. Mr. Nanson: May I make a quick question, please? Do all the neighbors who are opposed have -- do they all have to show up, or can they name a representative? They have to show -- they cannot send a petition? They cannot do anything. They have to all show up? Commissioner Teele: Mr. Chairman, the purpose of the deferral is to afford you and all of the neighbors to meet -- Mr. Nanson: I understand. Commissioner Teele: -- with Ms. Dougherty and all of the other fine gentlemen that are here and, hopefully, you all can come to some consensus. If you don't come to a consensus -- Chairman Regalado: You come and protest. Commissioner Teele: -- you come and you tell us what you don't like. As many of the neighbors who come, it's obviously better than just you coming, but if you come, the Chairman's going to recognize you. You're in a very good position. This is in his district. He's stopping the whole show because of you all. Mr. Nanson: And I appreciate it very much. Commissioner Teele: So -- Mr. Nanson: Thank you, but do -- if there are -- there's some handicapped homeowners that cannot show up, what do we do about them, and they want to speak about this because they're in opposition? 222 June 27, 2002 Chairman Regalado: Well, they can send a letter, if they want to. Mr. Nanson: A letter with -- in the mail or with a representative or -- Commissioner Sanchez: You could bring it and put them in the record. Mr. Nanson: OK. Chairman Regalado: You can bring it and put it in the record. The other one is Mr. Raul Capota, 30 Northwest 41st Avenue. You know him? Ms. Fernandez: Yes. He's the -- the two names, the people that -- Commissioner Sanchez: We're not voting on the issue because we're listening to you. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman -- Chairman Regalado: July the 9th, at 6 o'clock. Commissioner Teele: Mr. Chairman, just so the record is complete, I would move the deferral of this item, at the request of Chairman Regalado, to Tuesday, at 6 p.m., on July 9th, here at City Hall. I would so move. 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 Teele, who moved its adoption: MOTION NO. 02-750 A MOTION TO CONTINUE CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT APPROXIMATELY 42-140 NW 41 AVENUE, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002 AT A TIME CERTAIN OF 6:00 P.M. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado 223 June 27, 2002 Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: OK. PZ -1 is closing, vacating, abandoning an alley, 39th Street, LDD is the applicant. Joel Maxwell (Deputy City Attorney): Wait. There was a -- this item had a companion, didn't it? Ms. Thompson: PZ -1, right? Chairman Regalado: Resolution -- Ms. Slazyk: (INAUDIBLE) covenant. Chairman Regalado: This is a resolution. Mr. Maxwell: No, no, the one you just acted on. 16 and 17, didn't it have a companion? Ms. Slazyk: Yes. You have to do it for PZ -- Commissioner Teele: I would move for the deferral of the companion items numbers, what, 16 and -- Ms. Slazyk 17. Chairman Regalado: 17. Ms. Thompson: 17. Commissioner Teele: -- and 17 for the same date, July 9th, and the same time, 6 p.m. So moved. Chairman Regalado: It's been moved -- Commissioner Sanchez: Second. Chairman Regalado: -- and second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: 224 June 27, 2002 MOTION 02-751 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED AMENDMENT TO PAGE NO. 32 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL AND SD -12 BUFFER OVERLAY SPECIAL ZONING DISTRICT TO C-1 RESTRICTED COMMERCIAL AT APPROXIMATELY 42-140 NW 41 AVENUE, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002 AT A TIME CERTAIN OF 6:00 P.M. 225 June 27, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 29. OFFICIAL CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE PORTION OF PUBLIC RIGHT-OF-WAY OF ALLEY PARALLEL TO AND NORTH OF NE 37TH STREET BETWEEN FEDERAL HIGHWAY AND BISCAYNE BOULEVARD (Applicant(s): 39th Street, LTD.) Chairman Regalado: OK, PZ -1 is a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (Planning & Zoning) -- Chairman Regalado: Public Works. Commissioner Teele: Mr. Chairman, with your permission, after this item, we've got an accountant who needs to leave. I'd like to bring up at least some of the CRA (Community Redevelopment Agency) items to get some of the people that are here -- Chairman Regalado: Of course. Commissioner Teele: -- so I would ask that the Park West Omni people and the CRA people come -- Chairman Regalado: We -- Commissioner, we're going to do just -- Commissioner Teele: We'll do this item right here. Chairman Regalado: -- 1 and -- Santiago Echemendia: 1 and 2 -- Chairman Regalado: 1 and 2. Mr. Echemendia: They're kind of companion items. 226 June 27, 2002 Commissioner Teele: 1 and 2. Mr. Echemendia: All right, yeah. Chairman Regalado: 1 and 2. OK. Go ahead. John Jackson (Director, Public Works): Chairman, Commissioner, this is -- PZ -1 is a vacation enclosure of an alleyway at Northeast 37th Street, between Flagler Highway and Biscayne Boulevard. We recommend for approval. Commissioner Teele: Whose district is it? Chairman Regalado: It's yours. No. It's -- Commissioner Teele: This is Johnny's district, isn't it? Chairman Regalado: Northeast -- Mr. Echemendia: Is he around -- Chairman Regalado: North of Northeast 37th Street -- Mr. Echemendia: This is the -- Chairman Regalado: -- and Biscayne Boulevard. Mr. Echemendia: Sorry. Chairman Regalado: It's Johnny Winton. Commissioner Sanchez: Is this second reading? Mr. Echemendia: No. This is it. Chairman Regalado: No. This is a resolution. Mr. Jackson: It's a resolution. Mr. Echemendia: This is the reading -- this is Santiago Echemendia, 201 South Biscayne Boulevard, on behalf of Dacra. This is the Mobias -- this is related to the Mobias project that you all approved. Commissioner Sanchez: Right. 227 June 27, 2002 Mr. Echemendia: I'm sorry -- Tuttle that you all approved approximately a month ago, and this is the attendant vacation that enables us to go forward with the project. In light of staff's favorable recommendation, we would urge you to approve the application. Commissioner Teele: This is -- is this my district or Commissioner Winton's? Chairman Regalado: No, this is Commissioner Winton's district. Commissioner Teele: This is on the other side of the railroad track, isn't it? Mr. Jackson: It's east of the railroad track, yes. Chairman Regalado: This is 37th __ Mr. Echemendia: It's 37th Street, between Biscayne Boulevard and Federal Highway, Commissioner Teele. Commissioner Teele: Yeah, on the other side of the railroad track. Mr. Echemendia: It's right at the entrance, correct. Chairman Regalado: So this is yours, right? Commissioner Teele: No, this is -- I'm on the other side of the track. Chairman Regalado: Oh. Commissioner Teele: This is on the east side of the track. Mr. Jackson: East side. Chairman Regalado: Oh, OK. Vice Chairman Winton: You're on the right side or wrong side. Chairman Regalado: Johnny -- Commissioner Gonzalez: Is that going to be a new building? Commissioner Teele: He's got sidewalks on his side of the tracks. Commissioner Gonzalez: Is that going to be a new building that is going to be built there? Chairman Regalado: No, no. No, this is one. This is an alley. Commissioner Gonzalez: Yeah, but what is the -- 228 June 27, 2002 Chairman Regalado: No, that's for the other one. Commissioner Gonzalez: Huh? Chairman Regalado: They're coming up. The one coming up. Commissioner Gonzalez: Oh, OK. All right. Mr. Echemendia: No, no, this -- Chairman Regalado: Johnny, you want to make the motion on this one? It's your district. Vice Chairman Winton: Yeah, I understand. Is -- I was looking at the -- making sure that I've read this cover page again. Commissioner Teele: What is the stated purpose of the closure, Mr. Director? Why are you supporting the closure? Mr. Jackson: Because they met all the conditions of the code, as far as -- there's not -- from public respect, that we have no concern about the pedestrians or traffic involved in the closure, so -- Vice Chairman Winton: The issue on the closure goes back to the issue that we've talked about a whole bunch of times, and I thought that we had set up a new procedure whereby these closures are part and parcel of some sort of development plan so that we're not doing them -- Mr. Echemendia: This one is -- Vice Chairman Winton: Oh. Mr. Echemendia: -- Commissioner. You've actually approved the development of this partial. We're coming after you approved the MUSP (Major Use Special Permit). Vice Chairman Winton: Have we done the MUSP on this already? Mr. Echemendia: Yes. Vice Chairman Winton: And that's approved? Mr. Echemendia: Yes. Vice Chairman Winton: Oh, OK, fine. I've got no problem -- So moved. Commissioner Sanchez: Second. Vice Chairman Winton: Move approval. 229 June 27, 2002 Commissioner Teele: Second. Vice Chairman Winton: Move staff recommendation. Chairman Regalado: OK. It's a motion and a 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 02-752 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF AN ALLEY PARALLEL TO AND NORTH OF NORTHEAST 37TH STREET, LOCATED BETWEEN FEDERAL HIGHWAY AND BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 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. 30. CONTINUE CONSIDERATION OF PROPOSED OFFICIAL CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE PORTION OF PUBLIC RIGHT-OF-WAY OF ALLEY PARALLEL TO AND NORTH OF NE 36TH STREET, EAST OF NE MIAMI PLACE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002. Chairman Regalado: Item 2. PZ -2 -- Commissioner Sanchez: Thank you. Great presentation. Chairman Regalado: -- is closing -- 230 June 27, 2002 Commissioner Sanchez: Excellent. Chairman Regalado: -- an alley; 36th Street east of Northeast Miami Place. Commissioner Sanchez: Make sure you get a bonus for that. John Jackson (Director, Public Works): And we -- Public Works from staff. We recommend this. They've met all the conditions of the closure. Vice Chairman Winton: This is companion to PZ -1, right? Mr. Jackson: No. Santiago Echemendia: It's not -- Commissioner Sanchez: No. Mr. Echemendia: It's not so much a companion item. We're presenting them -- they're both somewhat close. They both relate to the same applicant, and I'm the attorney and want to get home to have dinner with my parents, so I'd -- Commissioner Teele: Well, you know -- Mr. Echemendia: -- indicated it was a companion item. Vice Chairman Winton: So do we. Commissioner Teele: I mean -- Vice Chairman Winton: Oh, they're not? Oh, this is just -- Mr. Echemendia: You know -- Vice Chairman Winton: -- a different closure. Mr. Echemendia: It's a different closure -- Vice Chairman Winton: It's the same site; just a different closure? Commissioner Teele: But this is on the other side of the track, isn't it? Mr. Echemendia: This is on -- it's located perpendicular to Northeast Miami Place, just north of Northeast 36th street. Commissioner Teele: Is it east of the railroad track or west of the railroad track? Mr. Echemendia: It's west. 231 June 27, 2002 Chairman Regalado: See, told you it was yours. Vice Chairman Winton: Nope. Your district. Chairman Regalado: I told you it's yours. Commissioner Teele: Out of deference to my colleague, who's east of the railroad track -- Vice Chairman Winton: Well, apparently there's some staff recommendations here that we need to hear. Mr. Echemendia: This one's a little different. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. The Public Works Department recommended approval because it had met the technical requirements, but the Planning and Zoning Department is recommending a continuance because we have not seen any plans for -- Commissioner Teele: Move for continuance. Commissioner Sanchez: Second. Mr. Echemendia: Wait, hold on for a second. Commissioner Teele: No, no, no, no, no. Mr. Echemendia: Can I explain the difference? Commissioner Teele: No, you hold on for a second, sir. No, hold on one minute. Just hold on. Chairman Regaldo: Commissioner has moved for a continuance. There's nothing you can -- Mr. Echemendia: Commissioner Teele, let me just explain the difference. Chairman Regalado: -- unless you want to address the continuance, it's fine. Mr. Echemendia: Mr. Teele, if you give me one second to address the difference. This doesn't - - if you -- I'll wait for you to say it's OK. Commissioner Teele: It's always OK, but I mean, the issue's not me; the issue is the staff recommendation -- Mr. Echemendia: But let me explain -- Commissioner Teele: And we are really trying to stop these alleyway closures. 232 June 27, 2002 Mr. Echemendia: This is different. Let me tell you why. Let me explain that for a second. This isn't an alley that traverses the street that enables the developer to close the alley and then aggregate two parcels and be able to get bigger FAR (floor area ration). This is a little nub at the end of the site. It is still one site. It doesn't enable us to get any additional FAR. Moreover, we were already in the process, before you changed your policy -- we already have a tentative plan approval as of October 5, 2001. At the end of the process, you guys decided to change the policy, which in this -- Vice Chairman Winton: Well -- but wait, wait, wait. Mr. Echemendia: Doesn't even relate to this instance. Commissioner Teele: But you're arguing now -- Vice Chairman Winton: I don't -- Commissioner Teele: You're on dangerous ground now with your argument because -- Vice Chairman Winton: And I don't even know if you're arguing whatever they're talking about. Commissioner Teele: The issue is -- Mr. Echemendia: That's the basis. Vice Chairman Winton: I haven't even heard them. Mr. Echemendia: No, it is. They're -- Commissioner Teele: Mr. Chairman, the issue is not our policy. The issue is a staff recommendation, and you need to redirect your comments from me and direct your comments to the record and to try to convince staff because if staff recommended it, I obviously was prepared to move it. Mr. Echemendia: Staff is saying let's continue it because they don't have a site plan. Vice Chairman Winton: I haven't heard staff say anything, yet. Mr. Echemendia: I'm sorry. I'm telling you what staff has said below. Vice Chairman Winton: Well, I haven't heard staff say a thing. Mr. Echemendia: Go ahead, staff. Chairman Regalado: OK. We will -- we have a motion to continue. 233 June 27, 2002 Mr. Echemendia: Oh, Jesus Christ. Chairman Regalado: Do we have a second? Commissioner Gonzalez: Second. Mr. Echemendia: That's ridiculous. Chairman Regalado: All in favor say, "aye." The Commission (Collectively): Aye. 234 June 27, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: MOTION 02-753 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED OFFICIAL CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY OF AN ALLEY PARALLEL TO AND NORTH OF NE 36TH STREET, EAST OF NE MIAMI PLACE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: OK. Do you need -- you know when this is coming back? Vice Chairman Winton: Continued to when? Chairman Regalado: Continued to when. Commissioner Teele: To the next meeting. Continue to -- Chairman Regalado: July 9th Joel Maxwell (Deputy City Attorney): July 27tH Ms. Slazyk: July 25tH Chairman Regalado: July 25tH Ms. Slazyk July 25tH Commissioner Teele: As a courtesy to Counsel, I would prefer that we hear it on the next regular meeting as a special item, as a deferral. Ms. Slazyk July 9th then? 235 June 27, 2002 Commissioner Teele: July 9th Vice Chairman Winton: Yeah, and I would do the same thing. Commissioner Teele: Counsel, is that helpful to you? Counsel? Vice Chairman Winton: Santiago Echemendia? Chairman Regalado: Santiago? Commissioner Teele: Santiago? Chairman Regalado: Santiago? Commissioner Teele: Is that helpful to you? Mr. Echemendia: I'm sorry, what date is that? Vice Chairman Winton: July 9th instead of -- Mr. Echemendia: July 9th is fine, Commissioner. Commissioner Teele: Do you have a preference? Mr. Echemendia: July 9th is fine. That works. 31. CONTINUE CONSIDERATION OF AGENDA ITEM PZ -3 (RACEWORKS) TO CITY COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002. Chairman Regalado: OK. Commissioner Teele, we have a CRA meeting -- Commissioner Teele: Thank you, Mr. Chairman. Chairman Regalado: -- that was scheduled for 5 p.m. Commissioner Teele: Thank you, Mr. Chairman. Ms. Lewis, is the Attorney -- Deferral of what? Alejandro Vilarello (City Attorney): PZ -3. (INAUDIBLE COMMENT) Chairman Regalado: OK, so they can leave. Commissioner Sanchez: What? Motion to defer PZ -3? 236 June 27, 2002 Chairman Regalado: We have been asked to defer PZ -3 from both parties. Jorge Lopez: Mr. Chairman, that was earlier this evening, but my client insists that we try to move forward. Chairman Regalado: OK. Mr. Lopez: Thank you very much. Chairman Regalado: You are welcome. We'll be back to you in -- after the commercials. Commissioner Teele: Mr. Attorney has counsel for both sides been informed of this? Mr. Lopez: Sorry, Commissioner? Commissioner Teele: Has your colleague been informed? Mr. Lopez: We approached the Chairman. Commissioner Winton objected to, at that time, a suggestion by both parties. Commissioner Teele: Jorge, hold it. I'm talking to you as a member of the Bar. Mr. Lopez: Yes, sir. So am I. Commissioner Teele: My question is: Have you informed your colleague on the opposing side - Mr. Lopez: Yeah. We discussed it outside. She suggested to -- whether we should proceed with a deferral. We're the appellants. We would like to go forward, Commissioner. Commissioner Teele: Ms. Dougherty, you're aware of this, right? Lucia Dougherty: Sure. I'm happy to do either one. I'm happy to take a deferral if that's what the will of the Commission is. Vice Chairman Winton: Did someone move it? Chairman Regalado: Nobody has moved it. Mr. Vilarello: Both parties request -- both requested a deferral before. Commissioner Sanchez: Earlier in the morning, both sides requested -- Mr. Vilarello: Apparently they've withdrawn their request. 237 June 27, 2002 Vice Chairman Winton: Well, I would move to defer. Mr. Vilarello: To July 25th? Vice Chairman Winton: July 25th Mr. Vilarello: The next PZ meeting? Vice Chairman Winton: Right. Commissioner Sanchez: Second. Priscilla A. Thompson (City Clerk): PZ -3? Vice Chairman Winton: PZ -3. Chairman Regalado: OK. We have a motion to defer. Any comments, Mr. Lopez? Mr. Lopez: Certainly, Mr. Chairman. I think it certainly is an objection from the appellant in this case. This item is strictly related to the legal basis upon which the Class II permit was issued. We have gone through the public review process at the zoning appeals level. We've been here. We were instructed to stick around and wait for this hearing. We're prepared. We have witness that have come up to present their testimony here before, and we think that in light of the timing of the race, that is illegally being prepared under this Class II permit, as will contend, we certainly believe that it's important and the right thing to do to take up this hearing, and not prevent us from seeing further redress in court, if we have to, prior to the race actually taking effect. Vice Chairman Winton: I would call the question, Mr. Chairman. Commissioner Teele: I want to clarify just one thing for the record. Vice Chairman Winton: I'm -- Commissioner Teele: Just to counsel. Mr. Attorney -- if I may, Commissioner Winton. Counsel, are you mistaken that Mr. Lopez and Ms. Dougherty both requested a deferral previously? Mr. Vilarello: No, I'm certainly not. I'm sure the record will reflect that there was a request by both counsel to defer the matter. Commissioner Teele: Then why is counsel now saying they're going to have to take legal redress in the court? Mr. Vilarello: I don't understand. 238 June 27, 2002 Mr. Lopez: Commissioner, if I may reply? Vice Chairman Winton: Excuse me. I called the question. Mr. Lopez: Absolutely. Chairman Regalado: OK. There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-754 A MOTION TO CONTINUE CONSIDERATION OF APPEAL OF ZONING BOARD DECISION, WHICH DENIED AN APPEAL BY MR. ANDRE J. ZAMORANO, ESQUIRE, OF A CLASS II SPECIAL PERMIT APPLICATION NUMBER 02-007 ISSUED BY THE PLANNING AND ZONING DIRECTOR ON JANUARY 10, 2002, TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH A TEMPORARY EVENT AT APPROXIMATELY 401 BISCAYNE BOULEVARD, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002. 239 June 27, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None Chairman Regalado: July 25th 43. ADJOURN TODAY'S COMMUNITY REDEVELOPMENT AGENCY (CRA) MEETING. GRANT APPEAL OF ZONING BOARD DECISION, WHICH DENIED SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW SUPPER CLUB AT 3632-3634 NW 25TH AVENUE, (Applicant(s): Maribel Martinez) Board Member Gonzalez: Can we have a recess, 10 minutes? Mr. Chairman, can we have a 10 - minute recess? Board Member Regalado: Yes, we can. We can be back at 11. We need to do some PZ (Planning and Zoning) items. Chairman Teele: Mr. Chairman. Board Member Gonzalez: Mr. Chairman, please. I'm sorry, Commissioner. Sorry. We have some people here on PZ -- PZ -4, I believe it is, from Allapattah. They have been here since 1 o'clock this afternoon. Vice Chairman Winton: Oh, my goodness. Board Member Gonzalez: I don't know why they didn't -- Board Member Regalado: I know. Chairman Teele: What's the item? Board Member Gonzalez: I believe it's PZ -4 Board Member Regalado: 3632 Northwest 25th Avenue. 240 June 27, 2002 Board Member Gonzalez: That's correct. No. Wait a minute. Let me see. Board Member Regalado: Is that -- who is here for -- Board Member Gonzalez: I'm sorry. PZ -4, right. 3632, 3634 Northwest 25th Avenue. They've been here since one o'clock. Lourdes Slazyk (Assistant Director of Planning & Zoning): PZ -4 is an appeal of a Zoning Board decision, which denied a special exception to allow a Supper Club. The Planning and Zoning Department had recommended approval, with a condition for the special exception, and we recommend approval, with conditions of the appeal. The condition is that this license run with this operator only. And if they change operators, they have to come back for a new special exception. Board Member Regalado: OK. This is a public hearing. You wish to say anything, Commissioner? It's your district. Board Member Gonzalez: No. If we don't have anybody -- don't have anybody from the public here. Alejandro Vilarello (City Attorney): Mr. Chairman, did you adjourn the CRA meeting? Chairman Teele: Mr. Chairman, may I just -- on a point of procedure, I'm instructed that we should adjourn the CRA meeting, which -- Board Member Regalado: OK. Would you -- before we do this, motion to adjourn the CRA meeting. Chairman Teele: Move. Board Member Gonzalez: Second. Chairman Teele: Moved and second. Moved and second. All in favor, say "aye." The Board Members (Collectively): Aye. 241 June 27, 2002 The following motion was introduced by Chairman Teele, who moved for its adoption: SEOPW/CRA MOTION NO. 02-124 OMNI MOTION NO. 02-56 A MOTION TO ADJOURN TODAY'S COMMUNITY REDEVELOPMENT AGENCY (CRA) MEETING. (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the motion 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 NAYS: None. ABSENT: Board Member Joe Sanchez Chairman Teele: All right. Note for the Record: The CRA meeting was properly adjourned. Commissioner Teele: Mr. Chairman, the only other thing is that the City of Miami has a special meeting of the City Commission that was also brought forward. That's what Mr. Marco -- that's what the County is here for, and I would request that we take that item up, after we finish with the PZ items that you're hearing. Chairman Regalado: Absolutely. Commissioner Gonzalez: Now, Mr. Chairman, in regard to the PZ item, I'm in favor of the approval. Chairman Regalado: Anybody in a opposition to that item here? This is a public hearing. Being none, we close the public hearing. Commissioner Gonzalez: So moved to approve. Chairman Regalado: Wait, wait, wait. Joel Maxwell (Deputy City Attorney): I think we need -- Commissioner Gonzalez: Yeah, we have a quorum. 242 June 27, 2002 Chairman Regalado: We just lost -- Mr. Maxwell: You need --this is an appeal, so we need to be clear on what your motion is. This is an appeal of the Zoning Board decision -- Chairman Regalado: The motion -- Mr. Maxwell: -- which denied it, so you want to grant -- Chairman Regalado: The motion that -- Mr. Maxwell: You want to reverse the Zoning Board? Commissioner Gonzalez: Yes. Chairman Regalado: The motion that he wanted is to accept the appeal. Mr. Maxwell: OK, so you would be reversing the decision of the Zoning Board and granting the appeal. Chairman Regalado: Reverse the Zoning Board. There is a motion, however, we need a second here. Would you second? Commissioner Teele: Second. Chairman Regalado: Thank you. Commissioner Gonzalez: Mr. City Attorney? Chairman Regalado: OK. We have a motion and a second. It's a resolution. All in favor, say LL " aye. The Commission (Collectively): Aye. 243 June 27, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-755 A RESOLUTION OF THE MIAMI CITY Commission, WITH ATTACHMENT, REVERSING THE DECISIONOF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SUPER CLUB, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3632-3634 NORTHWEST 25TH Avenue, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTATCHED "EXHIBIT A," PURSUANT TO PLANS ON FILE, AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: OK. Ms. Slazyk: Yes, that was PZ -4, yes. Unidentified Speaker: OK. Chairman Regalado: PZ -4. Thank you very much. Unidentified Speaker: OK. Chairman Regalado: It's 10:54. Unidentified Speaker: Thank you for your comments, and goodnight. Chairman Regalado: We'll be back at 11 o'clock. Thank you. 11 o' clock. Please try -- Angel, 11 o'clock. 244 June 27, 2002 THEREUPON, THE CITY COMMISSION RECESSED AT 10:54 P.M. AND RECONVENED AT 11:14 P.M., WITH COMMISSIONERS REGALADO AND GONZALEZ ABSENT. 44. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RECREATION" AT 613 NW 7TH STREET ROAD. (Applicant(s): Planning and Zoning Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -5. Vice Chairman Winton: PZ -5, OK. Commissioner -- Chairman Regalado isn't here, so I guess I'm going to chair. PZ -5. Susan Cambridge (Planner I, Planning & Zoning): Susan Cambridge, the City of Miami's Planning and Zoning Department. This item is a small lot that's located adjacent to the Spring Gardens Point Park. There is a wooden structure located on the property. It was built in 1915. This house has been restored to -- for historical and environmental education, and this is a lot that's located abutting the Spring Gardens Point Park, and the Planning Advisory Board approved this item, and the Planning and Zoning Department is recommending approval on this item, and you approved this item on the first reading. Commissioner Sanchez: All right. Vice Chairman Winton: So this is a second reading. This is a public hearing. Anyone from the public would like to speak on PZ -5? PZ -5, anyone from the public? Commissioner Sanchez: PZ -5. Vice Chairman Winton: Yes, sir. Have you been sworn in, by the way, sir? Skeet Perry: Yes, I have. Vice Chairman Winton: OK. Mr. Perry: Yes, I have. Vice Chairman Winton: It's all yours. Mr. Perry: This is my second visit here. Vice Chairman Winton: I remember you now. Commissioner Sanchez: Always a pleasure to have you here, sir. Mr. Perry: Thank you so much for having me. Actually, my family came here in `86, 1886. 245 June 27, 2002 Commissioner Sanchez: Wow. Mr. Perry: Been here a while. Nice of you to have me here. As to the small piece of property we have under question, I would like to say that when we had our last encounter, you, Commissioner Winton -- and Commissioner Teele, on three occasions; you, on two occasions -- indicated that the Spring Garden Civic Association was, in fact, a homeowners' association. That's not true. Commissioner Sanchez: All right. Mr. Perry: Yes. My name's Skeet Perry, 600 Northwest River Drive. Vice Chairman Winton: Oh, I failed to do. See, I'm just a lousy Chairman. Mr. Perry: Beg your pardon? Vice Chairman Winton: I was talking to myself. Go ahead. Mr. Perry: Must be the hour. Commissioner Sanchez: Yes, sir. Mr. Perry: Yes. As I was saying, the Spring Garden Civic Association is not a homeowners' association, and I would like to put that on the record for 6, 7 and 8 of the agenda here tonight. My next point would be the fact that there is no parking for the redevelopment of this single- family piece of land. We're talking here about building an educational center. Where do we park? I presume you park in my yard. I'm the nearest thing happening there, so with no parking, my question would be how is it that Building and Zoning can approve this zoning change? Thank you. Chairman Regalado: Thank you. Yes ma'am. Anything else? Commissioner Sanchez: Have you put air condition on your house, yet? Rebecca Long: No. Commissioner Sanchez: You refuse to. Ms. Long: I never will. It doesn't agree with me. I'm cold tonight actually. Commissioner Sanchez: There you go. All right. Ms. Long: Thank you for hearing us this evening. It's a pleasure to be here and observe our government at work. This evening, I'm here -- my name is Rebecca Long. I live at 600 Northwest North River Drive. We are right next door to the proposed public zoning, and after listening to the items today, I can see that this City has some financial issues, and with the 246 June 27, 2002 market the way it is, just in the last few days, looks like we could have a downturn. I would say that I don't feel it's a prudent thing to start a new park at this time, at this financial moment in our city and in our nation. My second consideration is the security aspect. The Fire Chief -- the Fire presentation this afternoon, I found very interesting, and that gentlemen brought up the emphasis in the northeast on the terrorism aspect of safety in our country now, and if you breach the zoning of our residential neighborhood, we have the possibility of all 2.5 million people filtering into our little residential area to visit this park. All of these people are strangers. I'm happy for them to visit the river and have a park experience, and Lummus Park is available for that. Lummus Park is right there locked up with a big fence. I would like you, this evening, to protect the landowners, protect us from a zoning breach, and also give guidance to our civic organization to use Lummus Park for their park ideas. Lummus Park is ready and waiting and needs to be reopened and rediscovered, so from the security aspect and from the financial aspect, I, as a taxpayer, implore you this evening, just do nothing. If you do nothing, the green space is there; the neighborhood can use it. Changing our zoning is inappropriate. We're residential and we have no security possibilities if you change our zoning. The financial considerations are very steep indeed. Please, don't do anything on this tonight. Make no changes. Our village was declared historic. It's a village that's all residential. It should stay that way. Thank you very much. Chairman Regalado: Thank you. Ma'am, go ahead. Kitty Kemmik: My name is Kitty Kemmik I live at 614 Northwest North River Drive, next to my neighbors. I have concerns about the park and zoning change. My main concern is the parking. I live very close to Becky and Skeet, and I live very close to where the park is going to be at. I have concerns about the safety in the neighborhood, what may or may not happen with this passive park. I'm concerned about new people coming into the neighborhood and what that might entail for us as being neighbors directly at that park, and I wish we would not change the zoning. Chairman Regalado: I have not seen, very often, people that oppose the park. You do it because -- like you fear because of safety -- Ms. Kemmik: If you look at our -- Chairman Regalado: -- or just --you want to just be left alone? Ms. Kemmik No, it's not that I don't want to be left alone. If you look at our neighborhood where the park is going to be, our houses are right next to the park. It's not like we go down the block or we go from here and we go to the circle to get to the park, OK, that's -- there's a difference with that, so if the park was at the other end of the street, like 10th Avenue, I would have no problem because I would not be -- I wouldn't see all that stuff, so that -- Chairman Regalado: OK. Thank you. Thank you very much. This is a public hearing. Anybody else from the public? 247 June 27, 2002 Brett Bibeau: Good evening. Brett Bibeau, Assistant Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway. Since the January 1998 Miami River Study Commission Report -- recommended the creation of Point Park -- the Miami River Commission has remained in strong support of the new riverfront park. Therefore, the MRC (Miami River Commission) recommends approval of PZ Items 5 through 8, which are the necessary changes in zoning and land use to bring Point Park to fruition. We all know that, unfortunately, the City of Miami has the least square footage of park space per resident anywhere in the Country from our cities, and this is a step in the right direction to create more park space for our residents. Thank you for your time. Chairman Regalado: OK. Sir. Jim Broton: My name is Jim Broton. I live at 951 Northwest 10th Court. I'm president of the Spring Garden Civic Association. This -- these comments are regarding PZ -5 through 8. At the last meeting, I was asked if there was a consensus among the residents of Spring Garden regarding the change in zoning, and I had to admit that there was not at that time. On May 30, there was a meeting of the Spring Garden Civic Association to discuss the proposed zoning change. The meeting was announced in Spring Garden News, so everyone had an opportunity to come to the meeting, and over 50 residents were in attendance. Ms. Becky Long, who spoke to the Commission against the zoning change, wanted to speak last at the meeting; from the City Planning Department, Susan Cambridge, Joyce McPhee, and from the Parks Department, Terrance Griffin was also there to answer questions. The discussion started with an overview of the issue, presented by several residents, that generated much discussion. Beck's presentation also generated a lot of discussion. Votes were finally taken, and the Spring Garden Civic Association voted to recommend approval of the City's plan to rezone both the Point Park property and the Seybold Heritage House property. The vote was a hand vote. I don't have the secretary's minutes, but there were five votes in opposition and approximately 50 for it. Ernie Martin: I'm Ernie Martin, and I was the former president of the Spring Garden Civic Association for the four years that this park has been in planning. The brief history of this park is that the Spring Garden Civic Association became a protected neighborhood as the fourth Miami Historic District in 1997, and one of the things we first noted about it is that, as a historic district on the Miami River -- the only historic district on the Miami River, there was no public access, except for those privileged few who lived on the river and had direct private property on it, so one of our major goals was to try to find a place where people who lived in Spring Gardens and the adjourning neighborhoods could get public access to the Miami River, which we think is a great asset in our community, and everybody in the neighborhood, at the time, agreed. At that point in time, there was a proposal for 67 units on a piece of property that had been vacant since 1913, and we asked the property owner, who had put it on the market, the Hugh's family and the estate that governed the property, if they would give us a year, if we could raise the money. Because, you know, you often hear from people who say they have a development opportunity in a historic area. Well, put your money where your mouth is. If you buy the property from us, then you can have it, so we asked for that year. We were able, successfully, with the Trust for Pubic Land, to raise $600,000 to buy the property, and it was presented by the Trust for Public Land and the citizens of Spring Garden as a gift to the City on November of 1999. 248 June 27, 2002 Commissioner Teele: Mr. Martin, just take one minute. You said "we." Be very clear, who -- what entity raised the money? Mr. Martin: The entities were two sponsors. Commissioner Teele: No, no, but who did the -- Mr. Martin: The two sponsors were the Spring Garden Civic Association and the Trust for Public Land. The application -- Commissioner Teele: I think that's very important that you make that very clear -- Mr. Martin: Right. Commissioner Teele: -- that this was not you or a corporation; this was a civic association that raised the money. Mr. Martin: Right. Vice Chairman Winton: And they raised the land -- I mean, raised the money to buy all of that land? Mr. Martin: They raised the money to buy the first 1.1 -acre property, which is called The Point. We then came to the City, and with the help of the Commission and, particularly, our district Commissioner, we were able to raise some additional money from the Community Development Block Grant to add to the park a historic building that could be used as its park headquarters. This is one of the most interesting funding sources that you could find, in terms of the Florida Communities Trust. That was a program -- a very popular program that was designed to save wilderness areas, and the Florida Del -- rather, the Dade County Delegation made changes in it, specifically, so that you could use money to buy environmentally endangered properties in urban areas. The way we do that is, you have to recreate a native eco -system, so this is a vacant land, a derelict lot that will be recreated as native Florida eco -systems. As you can see from the plan, there will be a mangrove area, there will be a wetland area, marshland and an open prairie, and a hardwood hammock. At the request of the property owners who just spoke, we've made a couple of adjustments to that plan. One, we included the hardwood hammock against their property so there would be as much a buffer as possible, and secondly, we moved the dock or the environmental education component ten feet further from their property line, at their request, so we've tried to accommodate -- to make the park as user friendly as possible, but while still having some security at the park, and this will be the first park in the City of Miami that'll have a caretaker, a resident of the area, who's been in the same house for most of his life. We wanted to be able to have him as a caretaker on the site. The park will be open from dawn to dusk. The caretaker will be able to keep an eye on the property at all times. We have very active crime watch and a good connection to our NET. If there's any untoward activity in the park, it will be completely reported immediately, so we have made measures to try to accommodate all of the requests that we -- and the neighborhood continues to support it. 249 June 27, 2002 Vice Chairman Winton: Now, there's one question that was asked that I don't see the answer to on this drawing that was handed to me, and that is parking for those who come to this training center, visitor center or whatever it's called. Where is the parking for that? Mr. Martin: It's on the street. There would be street parking. We do not have a parking issue in Spring Garden at the present time, in the eastern side of the community. We do in the western side, where we have a number of people from the Civic Center who park in the area, and we've had to revert to a decal system there to make sure residents have plenty of parking, but we have not had a problem in this area, but that's such a small site, 1.1 acres. It was difficult to try to accommodate parking on the site and still have that much of a -- that many different examples of eco -systems. Vice Chairman Winton: What's the square footage of the little community center, whatever you -- the training center, eco -center? Mr. Martin: I think it's about 4,000, 5,000 square feet, two-story, and it will include an apartment, and it's mainly -- one of the principle goals here is that there are five elementary schools in the area, and these are inner-city schools; three in Overtown and two in Little Havana that have no example in their neighborhood of a wilderness area, and so there will be occasional classrooms with the students brought in there, under supervision, on school buses once or twice a month on field trips, and so that was the principle education component. Beyond that, it will be a community center for use by the residents of the area, including our neighboring area called Highland Park, which doesn't have a community center. Chairman Regalado: OK. Thank you, Mr. Martin. We are -- Michael Lingwiler: I just wanted to say my name is Mike Lingwiler. I also live at 614 Northwest North River Drive, and I just want to express my concern also about the parking. The large number of people that will be visiting this site throughout this time, and (UNINTELLIGIBLE) being right next door. I just wanted to express that concern. Chairman Regalado: Thank you. Anything else that you need to -- Mr. Broton: Just a brief comment regarding parking. We hold in Spring Garden an annual event as part of Dade Heritage Days and have usually approximately 200 people in the park area where we usually have something, and so there is -- the parking on the street is taken up when that happens, but there is parking available in a triangular shaped area around -- near the park, which makes up for a short walk to the park. Though there isn't parking right in front of it, there is on - the -street parking in the area. Chairman Regalado: Thank you. We are closing the public hearing. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes. 250 June 27, 2002 Commissioner Teele: I would like to move the -- is this legislative, Mr. Attorney, or judicial? Joel Maxwell (Deputy City Attorney): It is, yes, sir. Commissioner Teele: I'd like to move the staff recommendation for the adoption of the ordinance. Chairman Regalado: OK. It's a second reading. This is PZ -5. Do we have a second? Commissioner Sanchez: Second. Vice Chairman Winton: Second. Chairman Regalado: OK. We have a motion and a second. Commissioner Teele: Hold up. I just want to put one thing on the record. This particular property has gone through numerous public hearings. The first historic grant ever given by the City of Miami -- I thought Mr. Martin was going to point that out -- under the CD (Community Development) category was for the structure that you -- that was described. That was the first historic preservation grant given under the CD category as a historic preservation grant. How old is the structure, Mr. Martin? Because I think that's the most important thing that you didn't even put on the record. Or do you know, ma'am? Ms. Cambridge: It was built in 1915, that structure. Commissioner Teele: Did you all say that? Ms. Cambridge: I said that. Commissioner Teele: Oh, you said it in your -- So we're talking now, not just about an eco- system, but we're talking about a historic property that looks like it was built in 1915, as well. I just think it's very important that all of the grant dollars and all of the community efforts that have gone into this, the public was certainly knowledgeable of this, and while I am deeply concerned and I think the immediate neighbor -- property owner that has just put up a huge "For Sale" sign, I guess, does have a right to be concerned. I think the overall benefit to the community is such that this property is a unique asset to the City of Miami or to the overall community, and I just wanted to express my concerns, and in many ways, my regrets to the immediate property owners because I do realize that this is going to be right next to you, but it is a very passive park in which weddings take place now, you know, community meetings -- didn't you get married there? Unidentified Speaker: Yes, I did. Commissioner Teele: And so, it is not your basic -- there won't be any basketball hoops or soccer fields there. This is a very passive park. 251 June 27, 2002 Chairman Regalado: OK. We have a motion and a second. Mr. Maxwell: Mr. Chairman. Chairman Regalado: Read the ordinance. Mr. Maxwell: Just before you vote, Commissioner Teele asked me whether this was legislative or not? This item is, but its companion is not. Commissioner Teele: All right. Thank you. Mr. Maxwell: OK. Chairman Regalado: Roll call. Priscilla A. Thompson (City Clerk): On instructions from the City Attorney, that's unanimous 5/0 vote. 252 June 27, 2002 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 613 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RECREATION;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDNG FOR AN EFFECTIVE DATE. 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 Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman 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. 12242 45. SECOND READING ORDINANCE: AMEND PAGE NO. 35 OF CITY'S ZONING ATLAS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO PR PARKS AND RECREATION AT 613 NW 7TH STREET ROAD. (Applicant(s): Planning and Zoning Department). Chairman Regalado: OK. PZ -6 is a companion, second -- Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: -- reading ordinance. This is a public hearing. Anybody from the public on this second hearing? Go ahead, ma'am. Rebecca Long: Hello. I'm Rebecca Long, 600 Northwest North River Drive. The first thing I'd like to say is, there has been no public notice of this item. The big piece, the 601 address, did not get a red and white bulletin posted on it. I received no notice in the mail, and it was not in the newspaper, so I am a little concerned about why it is even on the agenda this evening. 253 June 27, 2002 Teresita Fernandez: Teresita Fernandez for the Planning and Zoning Department, Hearing Boards Division. When you were here last time, we told you that there was going to be no notice. This item was continued to a day certain. Ms. Long: That explains it? Chairman Regalado: Well -- but did she get -- she got a letter the fist time? Unidentified Speaker: Yes. Ms. Fernandez: Yes. Chairman Regalado: Because what happened -- Commissioner Teele: This is the first one. This is a continuation of the first one. Ms. Fernandez: Exactly. Unidentified Speaker: Right. Chairman Regalado: No, no, this is a second -- no, this is a continuation of -- Unidentified Speaker: This is a second reading. Chairman Regalado: -- the second reading. Ms. Fernandez: Yes. Chairman Regalado: We did the first reading, and then -- Ms. Long: You deferred it. Chairman Regalado: -- when the second reading was about to be done, then it was a continuance. Ms. Long: It was deferred last time. Chairman Regalado: Yes. Unidentified Speaker: Exactly. Commissioner Teele: Continued. Chairman Regalado: It was continued, and it was -- you were informed of a -- that it was coming back on this day. That's why you didn't get a second letter. 254 June 27, 2002 Ms. Long: I understand. I think what is hard to explain to people, when we are in this chamber, it makes us sound like we're against green spaces; we're not. We're not against parks, but what is hard to convey to you is the closeness of all of this stuff, and when these people -- this public parks in this triangle area, they're all streaming right through where we live, and I fail to understand when there -- the money to redo Lummus Park, whatever arrangements were to be done there, that's held up, why are we speaking about creating a new park when we cannot even get Lummus Park fixtures made? Why are we biting off something more that affects the entire end of our neighborhood in Spring Garden? Everyone at our end of the neighborhood is against this. They're not all here because they figure it's in the bag because Ernie Martin is behind it. This is like insider trading, and so all of these people in our neighborhood, they don't go to the civic association meetings because it's not a homeowners' association, so this has come in under the radar. No one in our neighborhood belongs to a homeowners' association. A civic association does deal with parking situations. They did it at their end of the street. No one ever dreamed that they would undertake to change the zoning of our residential neighbor. This is a civic organization largely comprised of renters. The renters come and go. The condo people all live at the other end of River Drive behind a big wall, so of course, they're for this; they're behind a big wall. We're right out on the street and we are affected by this. All of our neighbors are against this, and you all seem to laugh and act like it's a joke. If this were happening in your neighborhood, next to your house, it would not be a joke. Lummus Park is in walking distance. Susan Cambridge (Planner I, Planning & Zoning): I wanted to state on the record that the majority of the vote, they were homeowners. They asked them to stand and address, and the majority were homeowners in the civic association. Chairman Regalado: No, no, but she's saying that it is not a homeowners' association. That's what she's saying. Ms. Cambridge: Right. Chairman Regalado: She's not talking about -- Ms. Cambridge: But she said a majority was renters, but the majority of them -- Chairman Regalado: No, no, she did not say that. Commissioner Winton: Yes, she did. Ms. Cambridge: Yes, she did. Vice Chairman Winton: She most certainly did. Chairman Regalado: She did? Ms. Cambridge: She did. 255 June 27, 2002 Vice Chairman Winton: She said the majority of them are renters. That's exactly what she said Ms. Long: The point of this is that since it's not a homeowners' association, the vast majority of homeowners in our neighborhood don't even go to these meetings. That night, a few went because this was coming up. A civic association is something people join by choice. We don't have a homeowners' association. Commissioner Winton: A homeowners' association is something you join by choice also. You don't -- Ms. Long: Well, if you're a homeowner, of course, you're going to join. Commissioner Winton: -- you're not required to belong to a -- you're not required to join as a homeowner either. Ms. Long: But, obviously -- Vice Chairman Winton: There's no difference in the two, as far as I'm concerned. Ms. Long: Obviously, homeowners would be aware and interested in belonging to a homeowners' association. This is a civic organization; has different responsibilities, and changing zoning is not one of them. Vice Chairman Winton: The changing -- Chairman Regalado: Thank you. Thank you. OK. This is a companion, second reading. Do we have a motion? Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: OK. We'll close the public hearing. Do we have a second? Commissioner Winton: Second. Chairman Regalado: Read the ordinance. Roll call. Pricilla A. Thompson (City Clerk): The ordinance is adopted. 256 June 27, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FORM (R-1) "SINGLE FAMILY RESIDENTIAL" TO (PR) "PARKS AND RECREATION" FOR THE PROPERTY LOCATED AT APPROXIMATELY 613 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of May 23, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by Vice Chairman Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12243. Chairman Regalado: PZ -7. This is a first reading, and it's the same address -- well, it's different, 601 Northwest 7th Street Road. Commissioner Teele: Mr. Chairman, I want to just say something to the attorney. I am not a member of the civic association. I made a very continuous effort, when I moved into the general area, not to be a part of it. I mean, I respect all these fine people, but I want to just put on the record the fact that I'm not a member of that association does that, in any way, affect -- Mr. Maxwell: No, sir. Commissioner Teele: OK. I just want -- Mr. Maxwell: There's no conflict of interest. No. Commissioner Teele: -- to state on the record because there was a reference to "behind that wall" and I -- and the reason that I was responding to one of your neighbors -- one of your supporters was giving me the sign saying that I live behind the wall, and I do live in the area, but 257 June 27, 2002 I am not affected any way directly. I don't own property there. I guess I'm one of the renters, and I just wanted to put on the record that I do reside in the area. I am not a property owner, and to the chagrin of all of the neighbors, who have constantly asked me to join the association, I refuse to join because I said one day there will be an issue in which there will be things coming up and I don't want to be yes and no, but I do want to know just one thing: Who said that there was about five people voting yes -- or no on this? One of the neighbors, was that right? Chairman Regalado: No, you did. Unidentified Speaker: I did. Commissioner Teele: He did. Chairman Regalado: He did. Commissioner Teele: Were you there, ma'am, at the meeting? Ms. Cambridge: I was there. Commissioner Teele: Is it your recollection that there were five or six or seven people voting no? Ms. Cambridge: There was about 60 -something with staff, and 50 voted for the park and five voted against the park. Commissioner Teele: OK, I just wanted to be clear on that. 46. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RECREATION" AT 601 NW 7TH STREET ROAD (Applicant(s): Planning and Zoning Chairman Regalado: OK. This is -- PZ -7 is a first reading ordinance. This is a public hearing. We open the public hearing. If anybody from the public wishes to address the Commission, they can do so. You want to come back? No? Unidentified Speaker: No. Chairman Regalado: OK. No, not you. No. Commissioner Teele: Talking to the lady. Chairman Regalado: No, I'm talking to the lady because she's coming back. 258 June 27, 2002 Rebecca Long: I'm Rebecca Long, at 600, and I would say this: After the neighborhood meeting, which was more like a free-for-all than a civilized meeting, we put up a big "For Sale" sign because we cannot live in a public destination, a tourist attraction, and it's very interesting that every person who approaches us -- we have many people interested in buying to live on the river, not one person is interested in buying next to a public venue. Thank you. Chairman Regalado: OK. Susan Cambridge (Planner I, Planning & Zoning): I just want to say that Item 7 is the actual park and it's a land use change from R-3 medium density residential to recreation. Chairman Regalado: OK. We close the pubic hearing. This is -- Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: -- a first reading. It's been moved and second. Read the ordinance. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 601 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RECREATIONAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Teele, seconded by Vice Chairman Winton, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Regalado: Roll call. 259 June 27, 2002 Pricilla A. Thompson (City Clerk): Commissioner Winton? Vice Chairman Winton: Is there a companion item to this? Chairman Regalado: Yes. Mr. Maxwell: Yes, sir. Vice Chairman Winton: OK. Yes. Ms. Thompson: Yes. Commissioner Gonzalez? Commissioner Gonzalez: This is first reading, right? We have to have another reading? Ms. Thompson: That's correct. Unidentified Speaker: Yes. Commissioner Gonzalez: Yes, for first reading. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes. Ms. Thompson: Commissioner Teele? Commissioner Teele: Yes. Ms. Thompson: Chairman Regalado? Chairman Regalado: Yes. PZ -8 -- Ms. Thompson: The ordinance is approved. Chairman Regalado: -- companion item. 260 June 27, 2002 47. FIRST READING ORDINANCE: AMEND PAGE NO. 35 OF CITY'S ZONING ATLAS, BY CHANGING ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO PR PARKS AND RECREATION AT 601 NW 7TH STREET ROAD (Applicant(s): Planning and Zoning Department). Chairman Regalado: This is a public hearing. Anybody from the public on this PZ (Planning & Zoning item? Anybody? Nobody. Susan Cambridge (Planner I, Planning & Zoning): PZ -8 is the zoning change from, again, multifamily -- multi -density residential to Parks and Recreation. Chairman Regalado: OK. Close the public hearing. Do we have a motion? Commissioner Teele: So move, Mr. Chairman. Vice Chairman Winton: Second. Discussion. Chairman Regalado: Yes, sir. Vice Chairman Winton: The lady who lives right adjacent to the park -- Chairman Regalado: Rebecca. Vice Chairman Winton: First of all, in my mind, the way you've described some of the things that's created a creditability problem between you and me, so -- Rebecca Long: Such as? Vice Chairman Winton: I'm not going to get into that. However, the point that you make about being immediately adjacent to this public venue is very, very appropriate, and I think that the issue related to the design to the park, that we have to take -- we have to go way above and beyond and do absolutely everything we can possibly do to create an appropriate buffer between that single-family house, which has an absolute right to its own quiet enjoyment, if you will, and this public park. Ms. Long: Thank you. Vice Chairman Winton: And they're not going to live there, but somebody else is and -- Ms. Long: We are going to live there because no one will buy it. Vice Chairman Winton: Yes, they will, so -- Ms. Long: No one is interested in being next door to a public venue, not one person, and we've had 500 phone calls. 261 June 27, 2002 Vice Chairman Winton: Just trust me, you'll sell it. You probably have it priced too high. The - - but the point is still the same: We need to make absolute sure that we take every conceivable step to create that right kind of buffer there. That's our responsibility, and so I don't know when we approve real plans, but we have to take every single extra step we can to address that issue. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. This particular park, before, you know, any dirt is moved out there, plans have to go to the Historic and Environmental Preservation Board because of its location in an historic district, and it needs a Class II special permit because of the water location. Commissioner Teele: Because of what? Ms. Slazyk: So it will be going through -- Vice Chairman Winton: Class II special permit. Ms. Slazyk -- quite a bit of review and notice and, you know, public meetings and everything. Vice Chairman Winton: But neither one of those things, neither of those steps will necessarily pay any attention to this particular issue. Those two steps aren't necessarily designed to address that issue. Ms. Slazyk Through the Class II process, there is a design review, and the buffer will be addressed in the Class II, absolutely, and if it isn't to the satisfaction of the neighbors, they also have the right to appeal that. Chairman Regalado: OK, Good. Ernie Martin: Commissioner Winton, if I may, I just wanted to point out that we did take this plan to everybody in the community, and we did get specific recommendation from this property owner -- Chairman Regalado: Ernie, just for the record, your name and your -- Mr. Martin: -- Chairman Regalado: Name and address for the record. Mr. Martin: Oh, Ernie Martin, 1000 North River Drive. Chairman Regalado: Go ahead. Mr. Martin: We got a letter in writing from the adjacent property owner that they would like to see us put a property berm along their property and locate the densest part of the hardwood hammock along their property line. We met with our master planners and were able to 262 June 27, 2002 accomplish that. In order to create the wetlands, which are -- the land will be contoured downward, there will be fill. That fill will be going along their property line, at their request, and we already made that modification. I just didn't want you to think that we had not ignored them; we had paid no attention to their concerns because we -- Vice Chairman Winton: No. You all had said before that you had, but I just wanted to take it, you know, to the maximum degree we can to solve that problem. Commissioner Teele: I've got a better idea. Mr. Martin: And so do we, because these are quite valuable -- Commissioner Teele: Ernie, I've got a better idea. Why don't -- who was the architect for Bicentennial Park? Why don't we let them do the design. Vice Chairman Winton: You mean the berm architect of 1978? Commissioner Teele: The berm -- build a berm so that they don't see any of this. Mr. Martin: No, seriously. We consider our neighbors to be a real asset to our neighborhood. They've done much to help us and have been very cooperative neighbors all along, and I don't want to leave the impression that we would be, at all, cavalier in treating their concerns. Ms. Long: But the problem is that we have been supportive of this park all through the years, as long as it was going to be a pedestrian park. In the quiet netherland somehow this board of our civic association bought the little R-1 property. No one at our end of the neighborhood was informed of that and, suddenly, we were chasing classrooms, museum, even apartment now is going to be added to the passive park, so it's no longer passive, so putting a berm down the side of us, between the main park and our property, does nothing to alleviate all these people coming to these classrooms. That's the point that -- that's the reason we changed our support. This change from being a pedestrian park to something that's requiring school buses, classrooms, museum with artifacts, and its even going to be going at night with this caretaker, so we have 7 days a week, from sun up till sun down, strangers, the public pulsing right through where we live. Putting a berm down the side of our property does nothing to address what's happening to us on the street. Vice Chairman Winton: So -- Ms. Long: Ernie Martin -- Vice Chairman Winton: -- take the berm out. Ms. Long: -- escalated this from pedestrian to a traffic full -on park, classrooms. Commissioner Teele: Mr. Chairman. 263 June 27, 2002 Ms. Long: We have a snowball here that's turned into, you know, ice and it's cutting us. Commissioner Teele: Commissioner Winton, if you would, on this point. You know, maybe there is a ray of some consensus because if your issue is the amount of traffic and the amount of, let's say, non -supervised traffic, certainly, you don't object to children coming from classrooms in buses, brought there by a teacher or counselors, and leaving. Ms. Long: What I object to is changing the zoning to the same as Crandon Park. Then you have the possibility of anyone and everyone coming everyday, everyday. There's never a break. You have anyone and everyone from all of America, from all over the world. Now, in the northeast, we were told there's a big emphasis on security. The landscape has changed -- Commissioner Teele: Let me try to help you. Let me try to help you. Just hold on just for a minute. If we can somehow limit the amount of on -street parking, does that move in the direction that you're talking about? Ms. Long: What moves in the direction for me is to make it a pedestrian park that would be available to people who find it on foot. Those would be our neighbors from Overtown and our own Spring Garden people. That's the way this was presented to us originally, and we signed on for that. Commissioner Teele: You know what, I don't think we're that far apart. If that's honestly and candidly -- I mean, if this is not going to be a moving target -- if that's honestly and candidly the sole primary issue -- now, look, we going to have buses coming there during the day. You know school starts at 8:30. It doesn't start at 5 in the morning, and by the time, you know, children get mobilized and all that, it'll be 9:30, 10, 11 o'clock; they're going to be gone by 1, 2, 3 o'clock at the most -- hold on. Ms. Long: OK. Commissioner Teele: -- and so we're talking now about buses. Now, Mr. Martin said two or three times a month. Let's say five times a month, OK, but that is not the public just coming in. I mean, that's an educational activity. Now, aside from that, if we were to limit the amount of on -street parking -- the same thing that you just said they did on the west end, OK, by stopping the people from the Civic Center and Jackson and all that; they were parking all up in that area -- if we could limit, somehow, the amount of on -street parking to prevent the horrors that you're describing, does that get us where we need to be? Ms. Long: My problem is not with students because I'm a teacher. My problem is the zoning change that creates a Crandon Park -type venue -- Commissioner Teele: Yeah, but if we limit -- Ms. Long: - that is then opened to anyone and everyone, from sun up to sun down. Now, these school children -- 264 June 27, 2002 Commissioner Teele: But listen to me. Listen to me. Ms. Long: -- are going to be scheduled. That's not the problem. Commissioner Teele: Just listen. Just, please -- Ms. Long: It's to totality of it. Commissioner Teele: That's true as far as it goes, but if we put an overlay of some type to limit the amount of on -street parking, you can never have a Crandon Park. You're not going to have cars being parked on the street. You're not going to have them double-parked. You will limit the amount of access to people who could walk or ride bicycles, and I think that's a -- as long as it's reasonably open to everybody, without regards to dah, dah, dah, dah, dah, it's -- I think your request is a fair request, and I think the way to get to that, perhaps, is to try to work with the Planning Department with some type of overlay on the amount of on -street parking -- there are no meters there, by the way -- but the amount of on -street parking that can be allowed in that area, and that may be a compromise, if you're really interested in preventing the Crandon Park scenario that you've described. Ms. Long: We feel the compromise would be for you to not change the zoning, and then it would be available for the area people to use it as a pedestrian park; just don't change the zoning. We're asking you, just don't change our residential zoning. It's been declared historic; it should stay that way. We're a residential enclave and -- Commissioner Teele: May I -- Ms. Long: -- we are not here asking -- Commissioner Teele: Let me try -- Ms. Long: -- for street closings. Commissioner Teele: -- to take that -- just hold on a minute. Let me try to take that to the next step. Mr. Attorney, if we don't change the residential zoning -- or Madam Director -- Madam Manager, what is the legal implications of not changing the zoning, and to allow the park use that is there? These are bifurcated issues now. Joel Maxwell (Deputy City Attorney): I'm not sure I understand the question. Commissioner Teele: Well, did you hear what she -- Mr. Maxwell: You asked what the legal -- what was the -- Commissioner Teele: Did you hear -- I'm only asking the question that she's asked us to do. Mr. Maxwell: In others words, you're asking how can the property be used in its current condition? 265 June 27, 2002 Commissioner Teele: No, that's not my question. That's not my question, at all, sir. What would be the legal impact if we did not change the zoning? If we granted the use as it relates to the park use -- but as she's describing -- what's the item -- the item for first reading now is what? Ms. Slazyk: It's to change the zoning to PR (parks and recreation). Commissioner Teele: And if we don't change the zoning to PR -- that's the only question I'm asking -- what is the factual and legal and, therefore, factual impact on the use of that park? Ms. Slazyk I just asked the Zoning Administrator if, with residential zoning, it can be used as a park, and residential zoning does not go back to PR, so it would not be able to be used as a park with the residential zoning. Ms. Long: But we could use it as a green space that we walked to and walked dogs; that's what it's being used for now. That's what the neighborhood wants. Ms. Slazyk Right. I also understand that they were covenants because of the funding sources that we're used to purchase the property, that it must be used as a park. Ms. Long: The CDC (Community Development Corporation) money should have been spent in Overtown. Chairman Regalado: OK. Thank you. Commissioner Teele: Thank you very much. Chairman Regalado: The first reading. Public hearing is closed. Read the ordinance. Roll call. Pricilla A. Thompson (City Clerk): The ordinance is approved. Chairman Regalado: PZ -8. Commissioner Teele: For first reading. Ms. Thompson: Right, for first reading. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (R-3) "MULTIFAMILY MEDIUM DENSITY RESEDENTIAL" TO (PR) "PARKS AND RECREATION" FOR THE PROPERTY LOCATED AT APPROXIMATELY 601 NORTHWEST 7TH STREET ROAD, MIAMI, 266 June 27, 2002 FLORIDA; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Vice Chairman Winton, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Regalado: PZ -8, also first reading, a companion. This is a public hearing. Mr. Maxwell: That was 8 we just did. Ms. Thompson: That was 8, that's correct. Chairman Regalado: Oh, we did that, OK. PZ -9 had been pulled by the Manager, right? Ms. Slazyk: Right. Commissioner Teele: Mr. Chairman, may I just inquire of the Manager, please? Would you look at whether or not we can put some kind of overlay in this area to restrict the on -street parking or to determine if there is any manner in which we can move toward trying to restrict the parking activity in the area, in the general area? And I think you need to get a good map, look at it -- now, part of the problem, Madam Manager, is that there's no parking spaces or meters, so it's just sort of free come, free serve, and you make it, but it may mean that we would have to formalize certain parking spaces without necessarily meters -- now, I'm not talking about meters -- but formalize certain parking so that we can limit it or, at least, enforce it for that purpose, if you follow what I'm saying. Because, candidly, people do park anywhere in front of the house and around in the circles, and all of that, and it is a free-for-all, but it's fun -- I mean, it's been a community free-for-all, and maybe we do need to move in the direction that the neighbors are asking to formalize that and to provide more order to the structure, which I think will go to limiting the amount of people that can come in because we don't wan this to be a Crandon Park, obviously. Ms. Long: We appreciate that a lot. 267 June 27, 2002 Chairman Regalado: Thank you. 48. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 946, PUBLIC STORAGE FACILITIES, TO PROHIBIT PUBLIC STORAGE FACILITIES AS USE WITHIN CERTAIN SPECIAL ZONING DISTRICTS (Applicant(s): Carlos A. Gimenez, Miami City Manager. Chairman Regalado: PZ -10 is a second reading to prohibit public storage facilities as in use within certain special zoning districts. It is a second reading. This is a public hearing. Did we have a motion? Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Winton: So moved. Second. Chairman Regalado: It's been moved and second. Anybody from the public? Being none, we close the public hearing. Read the ordinance. 268 June 27, 2002 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 946, PUBLIC STORAGE FACILITIES, TO PROHIBIT PUBLIC STORAGE FACILITIES AS A USE WITHIN CERTAIN SPECIAL ZONING DISTRICTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of 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 Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12244. The Ordinance was read by title into the public record by the Deputy City Attorney. 49. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY (C-1) "RESTRICTED COMMERCIAL" ZONING CLASSIFICATION TO INCLUDE FIRE STATIONS AS CONDITIONAL PRINCIPAL USES, SUBJECT TO SPECIAL EXCEPTION PERMIT. (Applicant(s): Carlos A. Gimenez, Miami City Manager. Chairman Regalado: PZ -11 is a second reading also. It's been brought by the Administration. It's fire station as conditional principle uses -- Vice Chairman Winton: Second. Chairman Regalado: -- in the C-1 restricted commercial zoning classification. We have a motion and a second. Public hearing is closed. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading. 269 June 27, 2002 Chairman Regalado: OK. Item -- Ms. Thompson: I'm sorry, that was second reading. Chairman Regalado: Second reading. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY THE (C-1) "RESTRICTED COMMERCIAL" ZONING CLASSIFICATION TO INCLUDE FIRE STATIONS AS CONDITIONAL PRINCIPLE USES, SUBJECT TO SPECIAL EXCEPTION PERMIT, WITH CITY COMMISISON APPROVAL; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of May 23, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado 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. 12245. 270 June 27, 2002 50. SECOND 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 AND PROCEDURES 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. Chairman Regalado: PZ -12 is the new sign ordinance. Second reading. Do we have a motion? Commissioner Gonzalez: So moved. Chairman Regalado: It's been moved -- Vice Chairman Winton: Second. Commissioner Sanchez: Second. Chairman Regalado: -- and second. This is a pubic hearing. Anybody from the public who wishes to speak on this matter? No -- being none, we close the public hearing. Read the ordinance. Joel Maxwell (Deputy City Attorney): Just for the record, Mr. Chairman, the Planning Department recommends approval. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes, this has been recommended approval by the Planning and Zoning Department, approval by the Planning Advisory Board, and it passed on first reading by the Commission of June 13tH Chairman Regalado: OK. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): The ordinance is passed on second reading. Commissioner Sanchez: All right. 271 June 27, 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 ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO AMEND ARTICLE 10 TO MODIFY AND CLARIFY PROVISIONS RELATED TO SIGN REGULARIONS, AND CRITERIA AND REGULATIONS FOR NONCONCORMING SIGNS, PERTAING TO REMOVAL AND ELIGIBILITY FOR CONTINUANCE AND IMPLEMENT PROCESSES AND PROCEDURES NECESSARY TO COMPLY WITH CHAPTER NO. 2002-13, LAWS OF FLORIDA, SIGNED INTO LAW ON APRIL 4, 2002, RELATING TO OUTDOOR ADVERTISING SIGNS, AND ADDING TIME LIMITATIONS FOR DECISIONS ON SIGN PERMIT APPLICATIONS; TO AMEND ARTICLE 11 TO MODIFY PROVISION RELATED TO NON CONFORMITIES AS THEY RELATE TO REMOVAL AND ELIGIBILITY 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 passed on its first reading, by title, at the meeting of June 13, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12246. 272 June 27, 2002 51. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002: CONSIDERATION OF AMENDING ORDINANCE 10544, BY CHANGING LAND USE DESIGNATION FROM "RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES AT 105 NW 5TH STREET; CONSIDERATION OF AMENDING ORDINANCE 10544, BY CHANGING LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL AT 610 SW 1sT AVENUE; CONSIDERATION OF AMENDING PAGE NO. 36 OF CITY'S ZONING ATLAS BY CHANGING ZONING CLASSIFICATION FROM (SD - 4) "WATERFRONT INDUSTRIAL DISTRICT" TO (SD -7) "CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT AT 610 SW 1sT AVENUE; CONSIDERATION OF AMENDING ORDINANCE 10544 BY AMENDING "INTERPRETATION OF FUTURE LAND USE MAP" SECTION OF GOALS, OBJECTIVES AND POLICIES, TO ADD NEW LAND USE CATEGORY ENTITLED "LIGHT INDUSTRIAL; CONSIDERATION OF AMENDING ORDINANCE 11000 BY AMENDING SECTION 917.3.2 "GENERAL AND SUPPLEMENTARY REGULATIONS" TO MODIFY EFFECTIVE DATE OF SUCH PROVISIONS RELATED TO SURFACE PARKING TO JANUARY 31, 2003. Chairman Regalado: OK Commissioner Sanchez: Moving to the regular agenda. Chairman Regalado: There are still some PZ (Planning & Zoning) items that are not that urgent, so we have four PZ items -- Commissioner Sanchez: Motion to defer those items to -- Chairman Regalado: July 27th Commissioner Sanchez: July -- Chairman Regalado: 27th Commissioner Gonzalez: Second. Commissioner Sanchez: No, it's July the 25th Chairman Regalado: 25th, OK. We have a motion and a second. All in favor, say "aye." The Commissioner (Collectively): Aye. 273 June 27, 2002 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION 02-756 A MOTION OF THE CITY OF MAIMI TO CONTINUE CONSIDERATION OF THE FOLLOWING PLANNING AND ZONING AGENDA ITEMS TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002 PZ -18 (CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES AT APPROXIMATELY 105 NW 5TH STREET.) PZ -19 (CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL AT APPROXIMATELY 610 SW 1sT AVENUE.) PZ -20 (CONSIDERATION OF AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FROM (SD -4) "WATERFRONT INDUSTRIAL DISTRICT" TO (SD -7) "CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT AT APPROXIMATELY 610 SW 1sT AVENUE.) PZ -21 (CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE "INTERPRETATION OF THE FUTURE LAND USE MAP" SECTION OF THE GOALS, OBJECTIVES AND POLICIES, IN ORDER TO ADD A NEW LAND USE CATEGORY ENTITLED "LIGHT INDUSTRIAL.) PZ -23 (CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, "GENERAL AND SUPPLEMENTARY REGULATIONS" SECTION 917.3.2 IN ORDER TO MODIFY THE EFFECTIVE DATE OF SUCH PROVISIONS RELATED TO SURFACE PARKING WITHIN THE CBD CENTRAL BUSINESS DISTRICT, SD -5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL DISTRICT, SD -6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICTS, SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, SD -20 EDGEWATER OVERLAY DISTRICT, AND THE COMMUNITY REDEVELOPMENT AREAS (CRA AREAS) OF SOUTHEAST OVERTOWN PARK/WEST AND OMNI, TO JANUARY 31, 2003.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado 274 June 27, 2002 Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 52. EXTEND CONSIDERATION OF REMEDIATION AND DEVELOPMENT OF PROPERTY LOCATED AT 1700 N.W. 14 AVENUE TO ALLOW CITY MANAGER TO ENTER INTO SIMULTANEOUS NEGOTIATIONS WITH TOP TWO RESPONDERS IN AN EFFORT TO PRODUCE A BETTER DEAL FOR THE CITY, AND PRESENT SAID PROPOSAL TO CITY COMMISSION FOR CONSIDERATION BEFORE SUBMISSION OF BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE (BEDI) GRANT APPLICATION. Chairman Regalado: OK. On the regular agenda, we're going to try to be quick. I spoke to the Manager. He has agreed to reduce the July 9th agenda, and we are going to place a lot of these items that are just contracts in the July 9th, although we have two items, at least two. Item 26 is a discussion regarding the development of the property located at 1700 Northwest 14th Avenue. We have here Mayor Kasdin. He was here on behalf of a company, and we have other people here regarding this property. Vice Chairman Winton: What item is this? Chairman Regalado: It's 26. It's a discussion item, and it's a follow — Vice Chairman Winton: Where is it? Chairman Regalado: On the regular agenda. And it's a follow-up of what we told the Administration, and Commissioner Teele introduced a motion that was approved to do an expedited bid, I think it was. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: We promised the County and a number of the public that are here that we would take up the item that had been deferred from the last meeting regarding to the CRA (Community Redevelopment Agency) boundaries. Chairman Regalado: True. Commissioner Teele: And it has to be done before July 1st, and -- Chairman Regalado: True. 275 June 27, 2002 Commissioner Teele: -- it can't be deferred. There is also one item that was deferred that involved an easement of Margaret Pace Park, and that item cannot be deferred, because it will stop construction again, I'm advised, and I'd just like to try to get the management, Parks Director and the Public Works Director to see if that item can be deferred, please. Chairman Regalado: OK. So, do you want to do this? Commissioner Teele: Very much. I mean, you know, this is going to be a bid dispute, and I don't think a bid dispute should take precedence over a public policy issue. Chairman Regalado: Absolutely. We will do this immediately after that. Boundaries, this is what we need to -- Commissioner Teele: If there's no dispute, I apologize. Chairman Regalado: Well, the Manager has given us a resolution of the City of Miami Commission accepting the recommendation of the City Manager approving the findings of the selection committee for request for letters of interest, that the most qualified firm to develop -- Commissioner Teele: Is there more than one? Chairman Regalado: Is there more than one, Mr. Manager? Carlos Gimenez (City Manager): Yes, sir. Yes. Chairman Regalado: OK. So, Mr. Manager, is this controversial or is this — is it going to be -- Mr. Gimenez: This is the Civic Center site. It was -- we had a discussion last Commission meeting. We have a deadline that we want to apply for a grant, and that's why we expedited a process to look for -- we put an RFP (Request for Proposals) out, looking for developers of that Civic Center site. We received four interested parties. There was a selection committee put together, and listened to the proposals, and there's a recommendation to negotiate with the highest-ranking firm. And if we cannot come to a deal, a satisfactory -- Commissioner Sanchez: Mr. Chairman? Mr. Gimenez: -- deal with them, we go to the second ranked firm. Chairman Regalado: Yes, Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, before we get to the disputed debate on who's going to get the funds, there's only --the job or the project, there's only one that could get the project. We all know that. Let me just say that I'm concerned with the deadline, July the 9th, basically, to obtain the funds. Let me just say that we did some research on BEDI (Brownfield Economic Development Initiative), quick facts, and I am still very still concerned that BEDI funds shall not be used to provide public or private sector 276 June 27, 2002 entities with funding to remediate contamination caused by their action. That's a big concern to us because, basically, that property, itself, was contaminated by us. Vice Chairman Winton: Right. Commissioner Sanchez: So, I have a big concern. And what I don't want to do is basically provide somebody -- we're giving them the opportunity to do the job and not for them to be able to get the funding. So, I mean, if someone could answer that question for me or enlighten me on it. Chairman Regalado: That's very easy, Commissioner. If you would amend the resolution, saying that this is provided that they get the funding, they get the land. Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Gonzalez: In addition to what Commissioner Sanchez is saying. I got a report where it says that only -- usually, the Federal government has an account of three hundred million dollars, four hundred million dollars for Brownfield. This year, the Federal government only has twenty-six -- I believe it's twenty-six or twenty-nine million dollars -- Chairman Regalado: Twenty-nine. Commissioner Gonzalez: -- twenty-nine million dollars to be distributed throughout the entire United States. We were talking -- at one point, it was discussed here in these Commission chambers that probably, to clean up this site, it would cost about five million dollars. I heard someone mention five million dollars. Another person said two million dollars, three million dollars. But it was a range between two million to five million dollars. To be honest with you, I don't know what chance the City of Miami is going to have in order to get all of these five million dollars or three million dollars. The best shot, I think, that we will get is probably two hundred or three hundred thousand dollars in order to clean this lot. On top of that, I also heard that in order to apply for these specific funds, the project has to consist of living facility, plus commercial, plus -- you have to have some commercial space for commercial ventures. Vice Chairman Winton: How much did it say? Commissioner Gonzalez: It doesn't say how much. But, Johnny, the concern is that, if you are familiar with the site, I mean, if -- and, you know, and sometimes things are discussed from the outside. People look at things from pictures and they don't even go to the place and look at the place, OK? If you go to this site and you look at the site, there isn't any kind of business that you can put there that could survive because, actually, what you're talking about is like building a shopping center, surrounded by townhouses and homes and duplexes. So, what you're going to have -- in a residential zone. What you're going to have maybe is four or five neighbors go and buy -- I don't know -- milk, a pound of coffee or whatever, you know. So, that's another concern that I have in this proposal. So, you know, I'm going to stop at this point, but before going into approving this resolution, I would like to, you know, add some other comments. Due to the fact that this project is right in the center of my district, I 277 June 27, 2002 would like to make some additional comments, as far as what kind of project is going to be built there, who's going to build the project, how much economic impact this is going to have in our area here in the City of Miami, how many jobs is this going to create to our people here in the City of Miami, and so on and so on. I have -- you know, I have a whole bunch of questions in reference to this project. Thank you. Chairman Regalado: Well, Commissioner, we can do two things. We can stay here and get the answers of those questions or we can request that you get all the information, plus the other members of the Commission. I -- Commissioner Sanchez: Let me just ask a question. Chairman Regalado: Sure, go ahead. Commissioner Sanchez: On the grant from -- BEDI grant, what assurance are we going to have that -- under this language, what assurance are we going to have that we're going to get that -- that you're going to get that grant? Bob Schwarzreich (Real Estate & Economic Development): Well, we've had a very successful record in receiving Brownfields grants. We were the first USEPA (United States Environmental Protection Agency) pilot in the State of Florida. We subsequently got the first supplementary assistance grant from the USEPA. We got a half a million dollars ($500,000) from the State of Florida, and then we got another hundred and eight thousand dollars ($108,000) from the State of Florida. We have run what's considered to be one of the more successful programs in Florida. The State of Florida has not received a BEDI grant since 1998. Dade County in 1998 received a BEDI grant. BEDI grants are very competitive, you know. That's certainly true. However, we have put and will put forward a very strong effort. There's no guarantee, of course. In regard to your prior question, we have not determined, nor has DERM (Department of Environmental Resource Management) pushed on the issue of how did the material get to the site. They are leaving that alone. They want the site remediated. The site contains significant contaminants, which, you know, cause concern for public health, particularly for those living in and around that area. You know, it's a site that you don't want children to enter. You really don't want adults to enter it. I think, you know, the aim was -- we didn't know how serious the site was until this past April. The most recent -- the site assessment report that we turned into DERM was only one week ago. In that report, we clarified certain issues, because we advanced another 40 soil wardens to determine the extent better than we knew initially. And it appears that the cleanup costs are going to be on the lower side of the two- to five -million -dollar range that we indicated. So, that's as much as I can tell you. Commissioner Sanchez: But if you counted on BEDI funds, it clearly states here that you can't use that to remediate contaminated properties caused by -- Vice Chairman Winton: But you didn't hear what he -- Mr. Schwarzreich: We don't have culpability. DERM is not pushing this forward. DERM wants the site cleaned up. Therefore, we're leaving it -- they're leaving it as an unknown how the contaminants got to the site, and I think that really is in the general best interest. 278 June 27, 2002 Commissioner Gonzalez: OK. I have a question. Have we gotten a final report on the amount of contamination on the land, and how spread it is? Because at one point, I was told two weeks ago, I was told two weeks ago in a meeting that the contamination was the most terrible thing that you could imagine, that it was going to cost five million dollars, that the group that had this development in their hands could not afford to clean it up because it was going to be too expensive, and they don't have the capability. Now, someone told me yesterday that the contamination is confined just to one certain area, and that if a parking structure were to be built in that section of the lot, then there wouldn't be a problem of people getting contaminated. Also, I heard that there are some people that are willing to clean up the land without going through this grant, you know, with the possibility of losing the application or not getting the money, so you know, we have quite a few -- at least, I -- you know, and I need to say what I have heard because I need to say it. There is a lot of conflicting stories in here, OK? I believe the -- also, I believe that the difference between applicants was a difference of two points. So, you know, there is -- on the qualifications, there was only two points difference between all the contestants. Mr. Neisen Kasdin: May I address the Commission? Neisen Kasdin, 2 South Biscayne Boulevard. Good morning. I've been there. I remember these closed kinds of meetings and I've got to tell you, it's easier on this side than it is on that side. I'd like -- I'm representing Atwater Capital, the designated -- the winning recommendation of the selection committee, and I just want to bring a few things to this Board's attention. First of all, this was in the nature of a Request for Qualifications, and nobody has a better record in dealing with the remediation and development of environmentally contaminated properties and obtaining grants than these people have and, in fact, the first and only grant obtained from the State Brownfields Fund for remediation and cleanup in the City of Miami was obtained and accessed by them for their project, with the help of the -- with the City, so they have a track record. They know how to deal with contaminated properties. This is a seriously contaminated property, and in their proposal, as well, they have a letter almost guaranteeing the cleanup of this for a fixed cost, as well, bonded. So, they are uniquely qualified to remediate this, clean it up, and do it quickly, not waiting. With respect to the BEDI grant, you know, they are prepared to go forward. Obviously, if the BEDI grant for some reason was not awarded, they would still go forward. The terms of this agreement -- this is just accepting and acknowledging them as the first place bidder, and commencing negotiations with them, coming to terms, then be presented to this City Commission. All the issues that anyone on this dais might have, be it the mix of the project, the units, the components, any aspect can and will be addressed in the course of those negotiations, in which the full Commission, obviously, will be participating in. Finally, I would also like to say that they were the unanimous choice of the selection committee. Every member of the selection committee ranked them first, so I think that they are -- they're prepared, they're ready. It is important for the City to be able to go after this BEDI grant, and I think that you have a great team in your administration that is on top of this and ready to move, and in a developer who has remediated environmentally contaminated properties, obtained grants, build major housing, including affordable housing components within that, and I think that -- but if you don't move on this this evening, then it will, for sure, preclude the possibility of going forward with the BEDI grant, so Mr. Cocose is here from Atwater to answer any other questions you may have. Commissioner Gonzalez: Yes, I do have another question, and that is in regard to what you just mentioned, that the project should be a combination or a mix, and if I remember correctly, six or eight months ago, when I came before this City Commission, and I was not a Commissioner at that time, on the information that I had on the land, we found out that the land was acquired with CDBG (Community 279 June 27, 2002 Development Block Grant) money, I believe, and don't quote me; I'm not 100 percent sure, but the land -- it was specified that the land had to be used for home ownership, affordable housing; is that correct? Dena Bianchino (Assistant City Manager): Oh, I can clarify that for you. This property was bought about 25 years ago with general obligation bond money for housing. It was the only general obligation bond issue that was ever sold in the City for housing purposes. The definition of affordability in this particular instance is a local definition. It is not the Federal. It is not the State. It is not specifically for home ownership. It could be for rental. However, this request went out for home ownership housing, since that has been the policy of the City Commission, so that's the sort of funding and that's how this property got into the hands of the City. Commissioner Gonzalez: It's still vacant, and polluted by us. Not by us, because we were not here 25 years ago. OK. Also, I have heard some really disturbing allegations that some people from the staff that participated in this discussion said during this process that they were not too familiar with affordable housing, and they didn't have much knowledge about affordable housing, and so on and so on and so on, and that is really -- that really concerns me, too, if we had the best qualified people from our staff attending this meeting and addressing the issue of building affordable housing. Ms. Bianchino: Commissioner, I think the answer to that question is that you, as a Commission, will decide what the income mix is on this project. You know, it needs to be affordable, and it's in your hands. It is not -- You know, there are certain requirements -- Commissioners, you know better than I do that HOME (Home Investment Partnership Program) money carries with it -- if they ever go for HOME money and, obviously, we'd have to meet all those requirements, but the income mix has not been set and the funding sources haven't been set so, obviously, whatever happens has to meet all the Federal criteria, State, local, whatever kind of funding is involved. Commissioner Teele: I thought the question was: Who was the expert from the City in the area of housing that was on this committee? Who was the housing -- You said it was an RFQ (Request for Qualifications) regarding housing. Ms. Bianchino: There was no expert from the City in housing, in particular, on the committee. There was representatives of our professional staff. Commissioner Teele: No, no. OK. All the staff s professional. But was the RFQ regarding housing requiring that the -- What was the RFQ -- Arleen Weintraub (Director, Real Estate & Economic Development): Arleen Weintraub, Real Estate and Economic Development. There was a request for letters of interest, and they asked for several things. Bob, could I have a copy of that? It was a required component that it be housing, affordable housing, of which all of them came in. The committee was comprised of four people, two from the outside. One was a Brownfields expert attorney or -- Commissioner Teele: Excuse me, Ms. Weintraub. Ms. Weintraub: Sure. 280 June 27, 2002 Commissioner Teele: I just want to focus in on just one issue, which was Mr. Gonzalez' question. Someone -- I guess I've just gotten -- the approach and methodology. The site layout, the mixed use of housing types, in form, et cetera, et cetera, and that represented about 35 points, and I guess the question that I'm just trying to follow up, that I understood Commissioner Gonzalez to ask, and that I'm now interested in, who from the City Housing or who from the City staff had the housing expertise to evaluate or the depth of this? Just who were the housing experts? Ms. Weintraub: Right. I understand. There was no one from our Housing Agency that served on the committee, and I just wanted to say that there was a very free and open discussion of all the different areas, and different members did ask questions, did speak very freely and asked others there for their background, but the extent of the funding sources, I believe, is what you're asking about, and one of the committee members asked about familiarity with housing. There was staff, in addition to the committee members, that were on the -- that were present at the committee meetings. It was Real Estate and it was Asset Management. Commissioner Gonzalez: I'm going to be quite honest with my colleagues. This makes me feel very uncomfortable, very, very uncomfortable. The intent of hurrying up this process was the fact that we had to have an application by -- I believe it was July 9th, in order to apply for this BEDI grant, that I found out later on that we only had -- At one point I was told that there would be probably about three hundred million dollars on the fund pot for these projects. Later on I was informed that there was only twenty-six million for the entire nation, and our chances of getting maybe even a million dollars was -- they were removed. OK? Supposedly, there were some applicants in this process that -- and if I understood you correctly, you're even one of the applicants that were willing to pay for the cleanup without the grant. What we need to do here is to make sure that this is a very transparent process because, remember, that there was a group from a CDC (Community Development Corporation) that had this piece of land with the intent to build affordable housing. At one point -- because due to the fact that there was an emergency, such an emergency that the entire northwest of Miami was going to get contaminated, OK, and these people didn't have the resources to clean up the land, I was asked if I was willing, for the benefit of the City, to talk to this group, and having access to go back on the project, OK, and I was -- I did that. I talked to the people. I explained the situation, and I told them, you don't have the resources right now to go into this project, and I cannot allow myself to let the City go through some kind of a problem because it's my district and because you're the group that has the piece of land. We have to be more conscious and we have to think about the City first. But when we go through a process like this and we see that we didn't even have people with enough knowledge on housing, on affordable housing, qualify these applications or be involved in the process of accepting these applications, that really concerns me. That really, really concerns me, and the statement just verified what I heard from other sources, so I don't know what the will of the Commission is, but I tell you, you know, I'm going to do whatever is best for the City of Miami. This is not a matter of district. This is not a matter of District 1 or District 5. I'm going to do whatever is best for the City of Miami, but I need the process to be clear and to be transparent. Chairman Regalado: I just want to say, before -- Mayor and Commissioner Sanchez, I just want to say that this has an historical tie to you, Commissioner Gonzalez, because you were representing the people before even you were a Commissioner, and it is in your district, so it's about, in my case, following your lead, so you know about this property. You came to this Commission many, many months ago. I think it was about two years ago or something like that. And the Commission listened to you, and awarded 281 June 27, 2002 the lot to the reverends, but now it's a different situation, but it's still in your district and, so, I just want to make that comment. Mr. Kasdin: May I, Mr. Chairman, address some of the Commissioners' concerns? Chairman Regalado: If you may, Mayor. Commissioner Sanchez was going to say something, and then immediately -- Commissioner Sanchez: Mayor, I would yield to you. Mr. Kasdin: Thank you. Commissioner Sanchez: Maybe you would answer the question I'm about to present. Mr. Kasdin: Thank you. A couple of things to bring to your attention. Of course, Atwater has developed a project, major project with affordable housing components, as, of course, have some of the other bidders, as well. I don't want to repeat, again, of course, their record with environmentally contaminated properties, which this is, but one thing that's very important to understand. There are a couple of things that have been said. There's no reason to believe that we would not have a good chance at getting BEDI grant funds. In addition to that, Atwater is also willing to proceed and undertake the cleanup and the work necessary, whether or not the BEDI grant funds are received, but most importantly -- and this goes to, I think, Commissioner Gonzalez' concerns, as well. This is a direction to negotiate with this first bidder. If, for some reason, you are unhappy with that at the end of the negotiation, you can move to Number 2 or, if you're not happy with Number 2, I guess, at that point, you can do something else. All of the assurances that you would need and want for the City can be addressed and can be put into an agreement, so that you can be sure -- and this is what our client intends to do -- that you will get a cleanup of the site. You will get an affordable housing project. There will be the financing in place. This project will move, and will move forward quickly, so we are willing and believe we can address, Commissioner, all of your concerns in the course of the negotiations with the City, also, Mr. Cocose, who is a principal of Atwater is here, as well, and he would -- is ready to address these issues, as well. Commissioner Gonzalez: Mr. Mayor, let me ask you a question. Where is this company based? Mr. Kasdin: Where is it based? Commissioner Gonzalez: Yes. Mr. Kasdin: Right now we're in Boca Raton. Commissioner Gonzalez: OK. I believe their main offices are in Chicago, right? Somewhere up north? No? What experience do you have in affordable housing in the City of Miami? How many projects have you done in the City of Miami for affordable housing? Bill Cocose: I have not -- 282 June 27, 2002 Commissioner Gonzalez: Or in Dade County, as a matter of fact? Mr. Cocose: Bill Cocose, Atwater Capital Group, 10910 Haydn Drive, in Boca Raton. Commissioner, no, Atwater has not built affordable housing in the City of Miami or in Dade County. Commissioner Sanchez: Mr. Chairman? Mr. Cocose: Atwater has built and the principals of Atwater -- myself, particularly -- have developed this particular type of mixed income, mixed use development in Chicago and, frankly, projects like this have occurred more frequently in Chicago than you've seen in this area. What we've proposed here is to address a very difficult site that is financially upside-down right now. There is a serious issue. The reason you're confused by what you've heard -- and the ranges are correct, that the remediation cost could be anywhere from two million dollars to five million dollars -- is because 54,000 or 56,000 square feet of the site is covered with a three-foot strata of debris that is suspected to have maybe come from an incinerator, but it contains dioxin. You cannot just build over the dioxin and move on. That's not going to happen. That's not allowed. The dioxin has to be removed. The issue is, where is it going to be disposed? If it has to be brought across State line, it's going to drive the cost up tremendously. The property is appraised at a million and eighty-eight thousand under the best of circumstances, according to the appraisal I saw with a reasonable marketing effort, not a distress sale. We've offered to pay in excess of that, without a BEDI grant, without any qualifications at all, because we think we can create more value there. We are very concerned about trying to make this a showcase brownfields project that can be an example to the world, not just the country. I am also very heavily involved in brownfields. I'm the founder of Brownfields.com. I work with the Federal government very closely. I'm working with HUD (Department of Housing and Urban Development) right now, where we're arranging a private summit later this summer in Washington. Now, that doesn't assure that we're going to get a BEDI grant, but I'm telling you that with an upside-down property, I think it would be just an awful shame and lost opportunity not to give every chance we have to try to get this BEDI grant. We're going to apply for a million dollars. The rules are such that the City could actually apply for two million dollars, but they chose the million -- Commissioner Gonzalez: You could apply for five million dollars. That doesn't mean that you're going to get it -- Mr. Cocose: No, no. There's a cap. Commissioner Gonzalez: -- that you're going to get ten dollars. I mean, apply -- you can apply for, you know -- Mr. Cocose: There is a cap. Commissioner Gonzalez: -- for the twenty-nine million dollars that they have on their pot, but that doesn't guarantee anything. Mr. Cocose: There's no guarantee, at all. But the only guarantee there is, is that if the application does not go in July 9th, with a designated developer and a designated development, that there's no chance that you're going to get this grant. That's for sure. Other things that weigh in favor of the City are the fact 283 June 27, 2002 that there's a very unique showcase community that was created. A showcase community is a special category that EPA designated for Brownfields, not just pilots, like the City of Miami is and other cities throughout the State, and this showcase community is special because it encompasses 56 communities. It involves Miami -Dade County, Broward, and Palm Beach County, and that's going to add points to the ranking of the evaluation of the BEDI grant, the fact that we are part of a showcase community, so there are things that set us apart from some of the other competitors, and it's going to be a heavy competition. There's no way to know how many competitors there will be. Another thing that came up is the issue of transparency. One thing that Atwater has proposed here, because this is a unique upside-down site, is a partnership with the City that's based on 100 percent transparency, 100 percent input into the unit composition, the unit type, and any other kinds of support that would go to this. We're trying to build to the maximum that we can under R-4 that's allowable, so that we can create the most for -sale units, which translates into the most for -sale affordable units, and to create the most density and the most excitement, so that maybe we could support commercial and retail uses that would support that kind of development, as well, which have been successful in other areas, like Chicago. Commissioner Gonzalez: When I mentioned transparency, I was not referring to your company or to your prestige or your -- I was referring to the process that has been used in this, and maybe it was the lack of time that you had to get this going on or whatever. I'm not doubting on the honor of anybody. Maybe it's the lack of time, but I don't really feel comfortable with what's happening here. I was told that I was going to be given a final report on the contamination and the remedial that needed to be done on the land. I've never seen it. I haven't seen it yet. All I'm hearing is people talking about the contamination problem and the possible cost, but I haven't seen anything in writing. I don't know if any of my colleagues have seen anything in writing, in order to make an intelligent decision today, and like I said, you know, I want to make sure that whatever we do here today is done right, because it's going to reflect on all of us. The group that had this piece of land, remember, it was a religious group, people of a lot of prestige in this community, people that have roots in this community for 40 years or 40 some years, OK? A group of reverends, and let me tell you, I felt pretty bad when I had to call them and had a meeting with them, and tell them that they had to turn the land back to the City because of this tremendous problem, and they didn't have the resources, and they agreed and said, you know, we're also willing to do whatever is best for the City of Miami because, you know, we live in the City of Miami and our children were raised in the City of Miami and our grandchildren, so we also are in agreement to do whatever is better for the City, but when I hear -- Also, something that really concerned me is, don't we give any kind of points to the people that are local people, an advantage point for being local, for employing our people, for employing our construction companies, for -- Don't we -- and that is something, let me tell you -- and, Carlos, you know, because you've been to the radio and you have listened to the critics out there that whenever we do purchasing and whenever we do business, we tend to do business with companies outside the City of Miami, even outside the State of Florida, and outside the County, and that is the type of policy that we need to start working with, because we -- supposedly, we are the poorest City in the entire United States. We have the highest unemployment rate. We have a whole bunch of economic problems, and we are not doing anything to help our people that live in the City of Miami, that consume in the City of Miami, that spend their money in the City of Miami. That really -- that is another point that really concerns me, that you didn't take into consideration to allow -- because that is done everywhere. You allow some points to your local people. Three, five, ten competitors that you have, if they're local, you give them some kind of points for being local, and the money that they're going to make is going to remain in this community and it's going to stay in this community. 284 June 27, 2002 Mr. Kasdin: Commissioner, if I may, just briefly. As to your last point, we are using, already retained a local architect, a firm based in the City of Miami, with most of the employees probably residing in the City of Miami. Other locals have been retained are in the City of Miami. None of the bidders have hired a construction company, but I am sure that most of the people -- many of the people who will be working on this project, as it goes forward, will be in the City of Miami, but no bidder standing here today has a proposal, which would set forth that every -- that the construction company and others are City of Miami based. But we already have, in the architectural firm, others who have been retained, gone with the City of Miami employees. The bigger point, Commissioner, though, I think is this -- and I would -- The group that preceded this group, Commissioner, was a well-intentioned group, but over the space of approximately two years, they were not able to do what was necessary to move this project forward on a site that is severely contaminated. The selection process has resulted in a unanimous -- Commissioner Gonzalez: Let me add something, so it remains on the record. The reason that they were not able to do something in two years: It wasn't their fault. The City kept delaying them and delaying them and delaying them and delaying them, and that's the reason why they couldn't get the project done. Mr. Kasdin: Commissioner, now we have a group that is absolutely capable, has a high degree of expertise that is hard to find anywhere else to move this, to resolve -- The environmental issues alone, to resolve them quickly, has incredible value on a project like this. If you can't resolve those environmental issues quickly, you know, then it doesn't make any difference who else you have on your team. It's not going to move forward, and this team brings a unique expertise in that regard. What I would request of you, Commissioner, is that you give us not a long time, not a year or so, but give us two or three weeks or so to come to an agreement, and that's all that this is about this evening, is designating them as the first party to deal with, to come to an agreement; to deal, Commissioner, with all of the issues and concerns that you may have to your satisfaction, and so that at the same time, the City can proceed with the BEDI grant. Chairman Regalado: OK. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I realize it's pretty late. Mr. Cocose, Mayor, you did answer some of the concerns that I had. Your firm was the one selected, and whoever came in second, I'm sure they have the process to appeal, if they would like to appeal, but let me just say that, you know, when the City is so close in points, as both of these firms were, not to say that it has to be done now, but I think that it puts the City in a situation where the City could negotiate the best possible deal for the City. You know, it's our interest to always look for the best interest. I realize it's not going to be a walk in the park or a piece of cake for the property, and I have to once again say that you were selected. I think you're a great organization. Number two is also a very good organization. But the City, itself, when you fall in that situation where -- somebody said you're two points away from each other. I mean, the City should sit down and negotiate the fine -- what I consider to be -- provide a better financial package for the City in the long run. Commissioner Gonzalez: And, Commissioner Sanchez, you're talking about an appeal process. There is no appeal process in this. I mean, you know, whatever is done here tonight is done here tonight. Commissioner Sanchez: They can speak on the issues. 285 June 27, 2002 Commissioner Gonzalez: Well, they can speak on the issue. So can Greater Miami Neighborhood speak on the issue. Greater Miami Neighborhood has been doing affordable housing in Dade County for I don't know how long. As a matter of fact, they don't only do affordable housing, they provide technical assistance to the agencies and to the organizations that do affordable housing. They are a nationally recognized agency in affordable housing. Commissioner Sanchez: And it's pretty late at night. Let's make a decision. Chairman Regalado: OK. Commissioner Teele: I must say this. Mr. Marco, I owe you an apology, and I hope that the County does not take offense. I said, why don't we take up this matter of public policy before we get into a bid dispute. That was about an hour ago, when -- Chairman Regalado: And it was my fault, and I apologize. Commissioner Teele: No, Mr. Chairman, not at all. I mean, you know, if we refresh our recollection on this, this matter was presented to us that there's only one company that could do this work, and I simply said, look, if there's only one, then fine. Just do an expedited process, et cetera, and now we're here with one -- what is it? -- a one-week notice, with four or five people. I mean, I think the pregnant question of the year -- and I'm not going to ask the question -- but who is it, the Manager or the Mayor or you, Mr. DERM expert, who is it you all were ready to recommend and to go forward? Because you all had a recommendation two weeks ago when this matter came up. You all wanted to recommend a firm, and I tried to get you not to put it on the record. You know, I'm dying to know now who the firm was, but I will tell you, the thing that makes me extremely uncomfortable, notwithstanding the very, very high price, and well -heeded, and well-respected representatives and lawyer that's representing this company, Atwater and, Mr. Mayor, I have great respect for you, and I want to support those areas, because you are truly one of the experts in redevelopment and moving forward. I think, you know, your reputation in Miami Beach is totally legendary, and something that I've tried to emulate in many areas, in taking in the tough issues, but I do think this whole issue -- bless you -- this whole issue of transparency is -- Commissioner Gonzalez is raising this issue again -- when we've got something that is so germane to housing and, you know, I don't know who the bidders are. I guess the only bidder that I know as a housing expert was -- is it Gatehouse, was it? Weren't they one of the bidders? And someone mentioned to me, you know, in Palm Beach that Gatehouse was doing something and, of course, I think the project that Gatehouse has done there in front of Lummus Park represents one of the national models of how to do a historic preservation, and is socially correct with the HOPWA (Housing Opportunities for Persons With AIDS) dollars, and the mixed use. I mean, I think it's a model, and I heard about this whole thing up in Palm Beach County, and it bothers me very much that no housing person was on the panel, and I realize environment is one of the key issues, but this is not just about an environmental clean -- This bid, as I understood it, was not to do the environmental remediation. The bid was to do the -- sort of the turnkey of the award. I mean, I realize the chicken and the egg, and which came first, and nobody's figured that out yet, but I think, you know -- and then what counsel said that really bothers me -- and not to put you in a conflict on your statement, but we were -- It was represented to us that we needed to do this so that the -- a decision could be made by July 9th. That was the date that kept coming up, if you go back and read the transcript. Now, we're being told to just move 286 June 27, 2002 forward, and we'll negotiate, and we'll come back. Well, if you come back, you're going to come back on the 9th, and are we to assume that -- I mean, I just think there is a -- this thing is raising more questions than I'm comfortable with at this particular point in time. I mean, I certainly would like to give the benefit of the doubt, candidly and publicly, to one of the great Mayors of this community, who's served very hard, and I accept your testimony as an advocate on behalf of your client, but I guess the question becomes, if that's the committee recommendation. What really goes further than everything else is the proffer that, if you don't get the grant, you're willing to go forward, anyway. Well, if that's the case, why don't we all take a deep breath, put this thing out for 60 days, go through a normal process, do the same thing we did with the Bobby Maduro Stadium, where we say, OK, you know, we'll support you, get grants, don't get grants but, I mean, on one hand, you can't -- Mr. Kasdin: Commissioner, if I may respond, and I appreciate your kind words and I, too, enjoyed over the years learning from you as I did when we served together in the MPO (Metropolitan Planning Organization) and elsewhere. A couple of things, though, I would like to say is, number one, if the BEDI grant is not obtained, the consequence of it will not so much -- will not be that the project wouldn't get done, but it would reduce the ability to provide affordable housing. There'd be -- it'd have an impact on how much housing could be built, and how much housing could be offered at affordable rates, so that's the importance of it. If we get the grant, we can provide more affordable housing. Mr. Cocose has built projects with affordable housing components. Those regulations are the same. Federal regulations are Federal regulations, you know, and so most of the programs he'll be dealing with are programs that have been dealt with. The other thing that I would say is that he has built major, major construction projects. He has cleaned up and acquired Brownfield sites. He knows the environmental component, and he has strong, strong qualifications to get this particular kind of project done. I, as if -- you know, I have sat on the other side, and I will tell you that I am completely confident in the ability of Atwater and the ability of Mr. Cocose to do this project, to do this project the right way, and it truly is in the best interest of the City of Miami. I can say that without any reservations, whatsoever, but I think he needs to be given the opportunity, and I think he needs the opportunity to address, in the negotiation process -- needs to be designated and needs to address, in the negotiation process, any concerns. Thank you. Chairman Regalado: Thank you. Thank you. Any -- Commissioner Gonzalez: Could we hear from the gentleman, Mr. Chairman? He's another one of the applicants. Just a brief presentation. Chairman Regalado: OK. After we hear from you, we are going to close the hearing and make a decision, because it was -- and I apologize to the County representative. It was my fault. Commissioner Teele requested that we did the boundaries first, but I thought that this was going to be quick, but go ahead, sir. Name and address. Alberto Milo: My name is Albert Milo, Jr., 2100 Southwest 4th Avenue, Miami, Florida, 33129. I am the President of the Urban Development Group. We were the second qualified respondent, according to the selection committee. The selection committee deemed us responsive and deemed us qualified to execute the letter of interest that was proposed by the City. I'm going to keep it brief. It is really late. What we would like, kind of what Commissioner Gonzalez was talking about. I think we have extensive experience in the part of affordable housing, in which we purchased a prior condemned public 287 June 27, 2002 housing project that was owned by Miami -Dade Housing, and we've converted it successfully to 266 affordable home ownership units; and we have another project in the Civic Center area that we're working on. I think, from our perspective, number one, we're a local firm. Number two, what we would like is the joint ability to negotiate with the City, along with Atwater, since we were deemed responsive and since we were deemed qualified by your selection committee and, ultimately, I think that's what's going to be in the best interest of the City because we also put our proposal, not contingent upon the BEDI grant, based upon the different circumstances out there, specifically funding constraints. When you're twenty-nine million dollar nationally, a million dollars from the City of Miami, the odds are not good. So we knew that going into the deal, and we also made it non -contingent upon the BEDI grant, and if we get the opportunity to negotiate simultaneously with Atwater, ultimately, I think the best deal and the best interest of the City of Miami will be served under those circumstances, rather than have you negotiate with them first and then come to us, as the resolution reads, because then you've wasted that much more time, instead of letting us jointly negotiate to get the best deal for the City. Thank you. Chairman Regalado: Thank you. OK. We'll close the public hearing. It's time to make a decision. Commissioner Gonzalez: I know it's kind of late. I'm asking for two minutes to allow Mr. Gus Dominguez from Greater Miami Neighborhood, who also put an application in the process. Agustin Dominguez: Good morning, Commissioners. My name is Agustin Dominguez, 8540 Southwest 104 Street, Miami, Florida. I'm President of Greater Miami Neighborhoods. Our offices are at 300 Northwest 12th Avenue. I'm going to take a different tack of this. What's really disturbing about this process is that whatever rankings came out were done by people who didn't know what they were reading, for their own admission. There was nobody who could interpret here anything related to the affordable housing issue in the proposal, so whatever ranking you got is flawed so, you know, the fact that somebody got either first or fourth is totally irrelevant. I mean, if you take the four corners of the letter of interest proposal, it says that you have an R-4 zoning, and that you need to propose a mix of housing and other uses as related to R-4 zoning. If you go to your own Code and you read that, the maximum floor/area ratio -- Commissioner Teele: The maximum what? Mr. Dominguez: Floor/area ratio. That means the maximum square footage you can build, based on the area you have, is 1.72 times the gross lot area. And you have 2.7 acres here. You can build approximately 210,000 square feet. If you look at the number one proposal, they're proposing 336 housing units, 20,000 square feet of retail space, and 60,000 square feet of office. Now, if you can do that within 210,000 square feet, you are really pulling on some magic, so the people who are reading or evaluating these proposals, basically don't know what they are reading. They were impressed by pretty pictures and, you know, the paper can hold anything you put on it, but taking any decision, based on any kind of ranking done by your staff, you are really doing a disservice to the City, a disservice to the site and this community. What I would suggest you do is that you bifurcate this proposal and do the environmental cleanup as one proposal, and once you have a clean site, then do the housing proposal the right way. Get your staff to really, you know, put out something in terms of what you want, in terms of density, housing mixes, income that you want to serve, and so on. This is in a community where the population is at 43 percent of a median income, according to the 19 -- that just translates to about 288 June 27, 2002 twenty-one thousand dollars a year. If you really want to serve this community, you need somebody there who can at least serve some of those people from that -- that come from that neighborhood. If you think you are going to do 300 units and import 300 people from outside, I guarantee you -- I've been doing this for 17 years -- that's not going to happen. You'll be there trying to finance it forever. Chairman Regalado: Thank you very much. Mr. Cocose: I'm sorry, Mr. Chairman. I will take one minute, but -- Chairman Regalado: Go ahead. Mr. Cocose: I feel that I have to respond because we've been impugned in terms of being tricksters or some other insinuation of that type. You're correct, FAR (floor/area ratio) is calculated based on gross lot area, not net area, which is the net area within the four corners of the site. Gross area, for purpose of calculating FAR, is calculated differently because you get bonuses. You get to go and extend beyond your four corners of your site for purposes of calculation of FAR. This is all done by our architect Zyscovich, who is doing a lot of this type of work, and these calculations were exact. We also gave four scenarios that included not just this site, but a possible expanded site to make it a better development, to provide a better product, and a better result for the City, and we also showed what would happen under a scenario of a straight housing deal or to try to supplement it with some commercial, and we took some theoretical numbers. Again, the only reason we did that was to make it a deal and show in a factual matter, in dollars and cents, how adding density, adding size, both drove down the price so that we can make this a more affordable product and appeal to a broader range of affordability. Thank you. Chairman Regalado: Thank you. Thank you very much. OK. We are going to definitely close the hearing. Commissioner Gonzalez, you want to make a motion? Commissioner Gonzalez: Yes, sir. I think I'm going to go with the suggestion that Commissioner Teele made, that we should take some more time to consider this project. Chairman Regalado: No. He said we should take a deep breath. Commissioner Gonzalez: Well, take a deep breath. Chairman Regalado: OK. So, what's the motion? Commissioner Gonzalez: The motion is to put this on an extension of 60 days, for example, so we can re-evaluate these applications and make sure that the process is a process that doesn't have so many questionable things in it, like the fact that nobody from the staff that participated in this meeting, has the slightest idea of how to build an affordable housing project or has never been involved in home ownership -- affordable housing home ownership, you know. I mean, we need to get people involved in these types of applications that are familiar with what we're trying to do. They admitted that they didn't have anybody that had any knowledge about the housing, affordable housing. 289 June 27, 2002 Chairman Regalado: So the motion is to throw this process and start a new process, and start a new bid process? Is that what you're saying? Or you're saying to keep these four companies for 60 days and do what? Commissioner Gonzalez: Well, have the applicants work with the administration, to see if they can come up with a better proposal. Because they claim that if they can't get the grant, they will use their money to clean up the land. This other group says that if they cannot get the grant, they will use their money to clean up the land. The other proposal is to do this in two separate deals -- one to clean the land and the other one to build. Well, that, we cannot do, because who's going to pay for the cleanup of the land? We need to have whoever is going to participate, people that are able to clean up the land and come up with a project, and the deal with the land is that the proposal for this BEDI grant is not a proposal just to clean up the land. The application has to have a development included, and I also understand -- and I'm not an expert in this type of situation, but I understand -- I believe that I read that, as a part of the development, you have to have -- certain portions of the development has to be commercial in order to qualify for the application. So, you know. Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir. Vice Chairman Winton: I tell you what I would be willing to support that Angel just said -- Commissioner Gonzalez just said, and that is simultaneous negotiation with the two top bidders, which I think is what the second guy suggested there. Frankly, that might create a little interesting competition, as they're negotiating, that might get the City a better deal, and if they were both ranked, one, two, very close to each other, then one has to assume -- and if he was a responsive and qualified bidder, then I think we've got an opportunity to get the deal done, get it done on a fast track basis, make sure that the City doesn't get stuck with having to remediate the site, and maybe a better deal. So, I would support -- Chairman Regalado: You want to amend the motion? Commissioner Gonzalez: I'll make the motion, that the process be between the administration and the two companies that came up first and second. Vice Chairman Winton: Second the motion. Commissioner Gonzalez: Because they came on third, I believe, and I don't know what their points were. Vice Chairman Winton: I'm only suggesting the top two. Commissioner Gonzalez: The first two. 290 June 27, 2002 Chairman Regalado: The top two. Vice Chairman Winton: Yes. Chairman Regalado: OK. Alejandro Vilarello (City Attorney): Is it the intention of the motion to comeback before the submission of the BEDI grant application, with a deal for the City Commission to consider? Vice Chairman Winton: Absolutely. Chairman Regalado: But that would be on July the 9th Commissioner Sanchez: No. We have a meeting on the Stn Ms. Bianchino: It would have to be on the Stn Mr. Vilarello: You'd have to call a special meeting on the Stn Commissioner Sanchez: There is a special meeting on the Stn Chairman Regalado: Oh, we have a special meeting on the 8th, on CDBG (Community Development Block Grant). Vice Chairman Winton: Oh, OK. Perfect. It would be the intent. Chairman Regalado: OK. We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 291 June 27, 2002 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-757 A MOTION EXTENDING CONSIDERATION OF THE REMEDIATION AND DEVELOPMENT OF THE PROPERTY LOCATED AT 1700 N.W. 14TH AVENUE FOR THE PURPOSE OF ALLOWING THE CITY MANAGER TO ENTER INTO SIMULTANEOUS NEGOTIATIONS WITH THE TWO TOP RESPONDERS, IN AN EFFORT TO COME UP WITH A BETTER DEAL FOR THE CITY, AND BRING BACK SAID PROPOSALS TO THE COMMISSION FOR CONSIDERATION BEFORE THE SUBMISSION OF THE BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE (BEDI) GRANT APPLICATION. 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 53. AMEND AND MODIFY SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN TO EXTEND BOUNDARIES OF COMMUNITY 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 AND MODIFICATION OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN. DIRECT MANAGER TO MEET WITH MIAMI-DADE COUNTY MANAGER FOR LIMITED PURPOSE OF DISCUSSING SUB -AREA, RESTRICTED TO SECTIONS A-3 AND A-4. Commissioner Teele: Mr. Chairman, I just want to apologize to the County again because the County staff has been here and they should be afforded some modicum of respect. I mean, at some point, one o'clock becomes cruel and unusual punishment of some sort, and this certainly doesn't bode well, I think, for enhancing the relationships between the City and the County regarding this. This is a matter that was on the agenda -- special meeting. It was deferred. We were at the point of about to vote and Commissioner Sanchez made a series of questions. And I would just like to yield to Guillermo Olmedillo, who can just refresh us as to where we were and 292 June 27, 2002 if the boards could be put out -- I really would hope that we could minimize any explanation of this, but this is a policy matter and, again, I wanted to apologize seriously to the County representative, Mr. Marco, who has been here throughout this carrying out his job of monitoring the City because, after all, the creation of the redevelopment authority and the -- Chapter 163 does impose affirmative responsibilities jointly on the City and the County in certain areas. Commissioner Sanchez: But is this -- Commissioner Teele: And while on this particular area we believe that the CRA (Community Redevelopment Agency) has the right to come before the City Commission to adjust the boundaries, we are certainly, again, reasserting the right or the intent of the CRA to confer with the County on this without regard to the July 1st reference to the state statute. Clearly, the approval of the plan -- in my opinion and not the legal opinion necessarily of Attorney Dick Judy or some of these other folks that are pining on behalf of the City Attorney -- but, clearly, the final actions must be ratified and approved by the County Commission, and I think it would serve no purpose in disputing the fact that the County is an equal participant with the City in the proffering of the tax funds or the increment, and just for the record Mr. Marcos, I will say that the County has always remitted its funds in accordance with Chapter 163, and I want to say that for the record, and I will also say for the record that, to my knowledge, the City has never remitted the funds in accordance with Chapter 163, not this year, not last year, not since I've been here, so I just -- since everything is being discussed. The law says how the funds will be remitted and you all have done that, so I don't want to open that up but I just want to assure you that it's not my intent to embarrass you or to beat you down by bringing this item up at 1:15. Vice Chairman Winton: Mr. Chairman. Alejandro Vilarello (City Attorney): Commissioner Teele, if I could just -- for the record, we have reconvened the recessed special meeting with regard to the boundaries that was advertised for the 24th __ Commissioner Teele: Of the City Commission. Mr. Vilarello: Of the City Commission. Vice Chairman Winton: Commissioner Teele, I don't know what we were at. Were we at a Commission meeting or CRA meeting when we had this discussion? Commissioner Teele: We're in Commission meeting. Mr. Vilarello: Commission. That's Commission. This is a Commission meeting. Vice Chairman Winton: This is Commission. What were we at the last time we had this discussion about boundaries? Mr. Vilarello: Commission meeting. 293 June 27, 2002 Commissioner Teele: Commission meeting. Vice Chairman Winton: OK. So at the last Commission meeting, when we had this discussion, I think everyone will remember that I made a pretty -- as strong an appeal as I could make, I think, maybe the strongest appeal that was made by any Commissioner to extend these boundaries. That was my position at the last meeting and I gave all the rationale why we should do that, and I know that we're up against a deadline and the deadline is now, but I am very -- I also know that there was a lot of local neighborhood opposition and/or questions to the extension of these boundaries and we didn't finish that discussion. I'm real nervous and uncomfortable making this decision at one o'clock in the morning with all of those people not here. I don't mind telling all of those people I'm making this decision that's in opposition to what you want, if they're all here. I'm real uncomfortable making this decision at one o'clock in the morning when nobody can stand here and look me in the eye and I look them back in the eye and tell them what I want to do and why I want to do it. Commissioner Teele: Commissioner Winton, if I may just correct the record. The public hearing had been held, been reopened, closed. A motion had been made. A second had been made. There had been a series of discussions. All of the public input was made and I said, "Rather than voting, let's just stop right now." We had -- in a roll call. And Commissioner Sanchez had led the discussion in this. Commissioner Sanchez: We did vote on it. Commissioner Teele: No, we did not vote. We voted on one amendment. But we did the roll call. He read the ordinance into the record and we stopped the vote. So, just so that the record is clear, all of the discussion was taken in. All of the debate, all of the public hearing and all of the discussion among the Commissioners had been held. Just so the record is reflect -- as to refresh your recollection on that. Commissioner Sanchez: OK. Vice Chairman Winton: So where were we when we stopped? Commissioner Teele: We were stopping at a roll call and that's where we said, you know, that we would pick up from -- and I specifically said there will be no further discussion, Mr. Chairman, and the Chairman said, to my recollection, we will vote on this when we come back. Commissioner Gonzalez: Commissioner Teele, I believe -- it's so late at night I don't remember -- but I believe that you were proposing the expansion of area three and four and one and two, I believe. Commissioner Teele: A-3 and A-4 had been voted by an amendment. It was no final vote on A- 3 and A-4 but the vote on A-3 and A-4 had been to just delete it from -- Commissioner Gonzalez: Delete it from the expansion. That's correct. 294 June 27, 2002 Commissioner Teele: Yeah, but that was not a final vote. That was an amendment on the resolution. And, Madam Clerk, maybe you can read the record as to what the motion was, who made it, and what the second was, so that Commissioner Winton's recollection is refreshed. Priscilla A. Thompson (City Clerk): And I apologize. These are very rough notes. I didn't bring the Clerk report. Commissioner Sanchez: Go ahead, Madam Clerk. Ms. Thompson: But what I have here was a modified ordinance. Maker of the motion was Commissioner Teele, Winton was the second. We had not completed a roll call. In this motion - - the amended motion areas included were A, A-1, A-2, and B. And then you started discussion going over the map. Commissioner Sanchez: OK. Vice Chairman Winton: There was a motion and a vote on A-3 and A-4 -- Commissioner Sanchez: To delete A-3 and A-4 Vice Chairman Winton: -- and that was to delete A-3 and A-4. Ms. Thompson: That's correct. Commissioner Teele: As a resolution but only to amend the ordinance. It was not a final vote taken on A-3 and A-4 but there was a vote taken on A-3 and A-4 as an amendment on the ordinance that was being proffered. So the motion that I made and the second that you made was on the amended boundaries, excluding A-3 and A-4. Is that correct, Mr. Attorney? Mr. Vilarello: And then -- Commissioner Teele: Is that correct? Mr. Vilarello: Correct. There was no roll call commenced. You just made a motion, a second. I read the ordinance caption and that was -- Vice Chairman Winton: There was a roll call on A-3 and A-4 because I -- Mr. Vilarello: Yes, that's correct, but Commissioner Teele is correct. What happened was you amended -- you took A-3 and 4 out. Then you made a motion on the ordinance -- motion and second on the ordinance. That would have not had A-3 and A-4 in it. Vice Chairman Winton: OK. Mr. Vilarello: I read the ordinance and then it was under discussion. There was no roll call commenced so it was the discussion of the City Commission based on the motion that you made. 295 June 27, 2002 Vice Chairman Winton: And the public hearing had been closed. Mr. Vilarello: Certainly. Before -- Vice Chairman Winton: OK. Mr. Vilarello: Before the ordinance was read. Vice Chairman Winton: Oh, that's right. And I remember -- I think one of the last statements I made was when they got to talking about how much money was there and I looked at you and said, "What in the world are we fighting over this for, you know, if there's not any money in the increment anyhow?" So why are you -- I said why are you taking all that grief if there's no money in the increment, and that's when we stopped, so same comment holds true. Commissioner Teele: Call the roll. Chairman Regalado: OK. Why don't we -- the motion is to -- Commissioner Sanchez: The motion is to expand option A, IA -- A-1, A-2, B and C. Commissioner Teele: Excluding A-3 and 4. Commissioner Sanchez: Yeah, excluding A -- yeah, make it simple. Excluding A-3 and A-4. Chairman Regalado: Excluding A-3 and A-4. Commissioner Sanchez: In other words, you're excluding Bicentennial Park and Watson Island. Go ahead. Chairman Regalado: OK. Commissioner Sanchez: Are we calling the roll? Chairman Regalado: Do you need to read the ordinance again? Mr. Vilarello: No, but I just want to make sure that we're referring to Map 3, which takes care of the overlapping with the other district so -- Chairman Regalado: OK, roll call. Ms. Thompson: Commissioner -- Guillermo Olmedillo: And it is part of the record. Excuse me. And I also gave it to the Clerk to have a copy on the record. 296 June 27, 2002 Commissioner Sanchez: All right. Chairman Regalado: Guillermo, you need -- Mr. Vilarello: Just so that the record -- Chairman Regalado: -- do you need to say anything or -- Mr. Olmedillo: Not at all. Chairman Regalado: Oh, you said something about the record. Go ahead. Mr. Vilarello: Just so the record is clear, Map 3 does include a reference to A-3 and A-4, but I think Commissioner Sanchez correctly read the areas which would be incorporated within this ordinance. Commissioner Sanchez: Everything except A-3 and A-4 Chairman Regalado: OK. Go -- roll call. 297 June 27, 2002 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 passed on its first reading, by title, at the meeting of June 13, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Joe Sanchez ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12247. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would, respectfully, request that the Manager be requested to meet with the County Manager and to discuss A-3 and A-4 further, beyond the July -- it changes a whole series of things. There have to be a whole series of things done after July 1, and there are going to be issues of eligibility and the intent of 163 and all of that but, again, for the purpose -- for the limited purpose of discussing a sub -area limited to A-3 and 4 in which something less than 100 percent of the tax increment, if eligible, if eligible, be discussed by the two bodies. I would so move. 298 June 27, 2002 Chairman Regalado: We have a motion. Do we have a second? Vice Chairman Winton: It's so late I don't -- I'm seconding. I'm not sure -- Commissioner Teele: Seconding asking the managers to talk? That's the motion, is asking the two managers to sit down and discuss. I mean, I don't -- I shouldn't even make the motion. I mean, it's your deal. I mean, it's not your deal but it's your area. It's your -- Vice Chairman Winton: It's 1:30 and I'm not thinking at all so that's the reason I -- Commissioner Teele: I would so move. Vice Chairman Winton: I second it. Chairman Regalado: OK. We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-758 A MOTION DIRECTING THE CITY MANAGER TO MEET WITH THE MIAMI-DADE COUNTY MANAGER FOR THE LIMITED PURPOSE OF DISCUSSING A SUB -AREA, RESTRICTED TO SECTIONS A-3 AND A-4 AS DESCRIBED IN "MAP 3", IN WHICH SOMETHING LESS THAN 100% OF THE TAX INCREMENT, IF ELIGIBLE, WILL BE DISCUSSED. 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. 54. APPROVE, IN PRINCIPLE, $1.1 MILLION OF REQUESTED $6 MILLION FUNDING EQUATING TO REQUEST MADE BY DIRECTOR OF MEDIA RELATIONS REGARDING FUNDING RELATED TO CITY HALL CHAMBER REPAIRS PROJECT. 299 June 27, 2002 Chairman Regalado: OK. The Manager has requested that we discuss one final item, which is 11. This is appropriation. Commissioner Winton had said something. We -- the reason that the Manager has requested this is that within this appropriation, we have some funding for the repair of City Hall, especially the chamber, and on this, Carlos MacDonald has worked many, many hours, but if you want to deal with this on the 9th or on the 8th, I'm sure that there will be no problem, but -- Commissioner Winton: Well, I don't mind dealing with Carlos MacDonald's piece of this, but I'm absolutely not prepared -- except no -- to deal with the rest of the six million -plus dollars. Chairman Regalado: Right. Commissioner Sanchez: His portion is just a small portion of the six point something million. What is he getting, what, one million two or something like that? Carlos, what's your total -- out of this appropriation of six hundred million -- six million dollars, what is yours? Vice Chairman Winton: Six point six. Carlos MacDonald: Sixty-six thousand, five hundred from general funds for personnel, and one point one, approximately, for the capital for the City Hall project and equipment needs and -- Chairman Regalado: OK. You want to do the MacDonald line item, and then we'll discuss -- because he really needs to -- Commissioner Teele: Mr. Chairman, I would move, as a motion, to approve the request related to the Director of -- Chairman Regalado: Media Relations. Commissioner Teele: -- Media Relations, with the understanding that a formal ordinance -- you know, we're going to have to debate the final ordinance -- but to approve, in principle, and to request that the Manager proceed and move forward with the intent of adopting the full funding, as outlined in the budget request. Chairman Regalado: OK. We have motion. Do we have a second? Commissioner Winton: Second. Chairman Regalado: All in favor, say -- Commissioner Sanchez: What are we voting on? Hold on. What are we voting on? Commissioner Teele: We're voting on a statement of intent for -- Chairman Regalado: For Carlos -- the thing is that -- what this is all about is that this Commission breaks in August. We need to go out with all the things; lights, you know, painting 300 June 27, 2002 new dias, mikes; we need to do this right away, and this is really a time constraint item, so what Commissioner Teele is doing is just freeing some funds that need to come back for approval with an official ordinance -- Commissioner Sanchez: All right. Chairman Regalado: -- but he's just freeing the funds so they can start doing bids or whatever they need to do. Commissioner Teele: I'm not legally -- I want to be (UNINTELLIGIBLE). Chairman Regalado: The architect is here, and I -- Commissioner Teele: Mr. Chairman. Chairman Regalado Commissioner Teele -- probably will -- Mr. Chairman. Chairman Regalado: -- ask him to come back and explain what is this -- Commissioner Teele: Mr. Chairman. Chairman Regalado: -- look like. Commissioner Teele: I just want to be correct on the record. We're not freeing the funds. We're giving the Manager the authority to proceed with the understanding, in the expression of this intent, that we are approving, in principle, the funding as requested in -- the portion of the funding requested in the six million dollars, which equates to one point -- Carlos Gimenz (City Manager): It's about one point one million. Commissioner Teele: -- one point one million, as outlined, especially to move forward with the capital construction, which is non -general fund money. These are special revenue dollars from the AT&T. There is no tax -- there is no citizens -paid taxpayer money. These are the funds coming from the communications surcharge, or whatever the proper term is, and so I just want to make sure that we are approving, in principle, this, with the understanding that the ordinance itself has got to be adopted and for this to be a formality. Mr. Gimenez: Yes, sir. Commissioner Sanchez: Including the two hundred thousand dollars you obtained from Tallahassee for the restoration of -- Mr. MacDonald: That's not in this one point one just yet, but as soon as the state fiscal year arrives next week, we'll get it shortly, but -- 301 June 27, 2002 Commissioner Sanchez: OK. Mr. MacDonald: -- and it will offset. Commissioner Sanchez: All right. Chairman Regalado: OK Richard Heisenbottle: If I may, Mr. Chairman, Richard Heisenbottle, architect for this project for the City of Miami. Does this allow us -- does this allow the Manager to enter into a contract with the various bidders for the project? We received two bids this week, the City did, the lighting and dimming systems for the room, sound system for the room. The other portion of the project -- the remaining portion of the project goes out to bid on Monday, Monday morning. We desperately need to be able to issue a purchase order to proceed with this work or it will not arrive in time for August. Chairman Regalado: OK. Commissioner Teele: Well -- Chairman Regalado: Mr. Manager. Commissioner Teele: -- the Manager has that authority, inherently, because if we approve this, the Manager has the authority to submit a contract for ratification, and it would be my intent, in the motion, to authorize the Manager to proceed, and this is a statement of intent that we will ratify such things, so -- I mean, that's sort of a formality that the Manager has the inherit authority, but I will tell you this, Mr. Manager, the biggest problem with the Hadley Park is the lead time for the electrical switches and that stuff. I mean -- and you can't negotiate it. It's not about money; it's about just the lead time to manufacture, so Mr. Heisenbottle is one hundred percent right. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 302 June 27, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION 02-759 A MOTION APPROVING, IN PRINCIPLE, APPROXIMATELY $1.1 MILLION OF THE REQUESTED $6 MILLION FUNDING EQUATING TO THE REQUEST MADE BY THE DIRECTOR OF MEDIA RELATIONS REGARDING THE FUNDING RELATED TO THE CITY HALL CHAMBER REPAIRS PROJECT; FURTHER DIRECTING THE CITY MANAGER TO PROCEED AND MOVE FORWARD WITH THE INTENT OF ADOPTING THE FULL FUNDING AS OUTLINED IN THE BUDGET REQUEST. 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. 55. EMERGENCY ORDINANCE: CREATE NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2002-2003; APPROPRIATE $338,729 FOR ITS OPERATION; MANAGER TO ACCEPT TWO GRANTS, $9,370 FROM STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND $329,359 FROM STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT. Carlos Gimenez (City Manager): Mr. Chairman. Chairman Regalado: Yes. Mr. Gimenez: I need one more item, which is 9, which is accepting a grant from the state of Florida of about three hundred -- Commissioner Teele: So moved. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. 303 June 27, 2002 Commissioner Teele: Mr. Chairman. Chairman Regalado: Ringo -- Alejandro Vilarello (City Attorney): It's an ordinance. Mr. Gimenez: It's an ordinance. Vice Chairman Winton: Ordinance. Chairman Regalado: OK. Commissioner Sanchez: Ordinance. Chairman Regalado: OK, then, we will be -- is it an emergency? Is it -- Mr. Alejandro: It's an emergency ordinance. Chairman Regalado: OK. This is a public hearing on an emergency ordinance. Anybody from the public? I respectfully request from my colleagues that we listen two minutes to Ringo because— Commissioner Sanchez: Who? Chairman Regalado: -- he's been here. Commissioner Winton: Ringo's still here? Chairman Regalado: Yeah, he's still here, but we first have to do this ordinance. Commissioner Teele: We approved the -- Chairman Regalado: OK. Roll call. Priscilla A. Thompson (City Clerk): Second roll call. Emergency ordinance. 304 June 27, 2002 An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION CREATING A NEW SPECIAL REVENUE FUND ENTITLED: " PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2002-2003; APPROPRIATING FUNDS FOR IT'S OPERATION IN THE ESTIMATED TOTAL AMOUNT OF $338,729; AUTHORIZING THE CITY MANAGER TO ACCEPT THE FOLLOWING TWO GRANTS TO FUND PROGRAMS DURING THE PERIOD OF JULY 1, 2002 THROUGH JUNE 30, 2003 FOR THE DEVELOPMENTALLY DISABLED, ADMINISTERED BY THE DEPARTMENT OF PARKS AND RECREATION THROUGH IT'S PROGRAM FOR PERSONS WITH DISABILITIES FROM: (1) THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, IN AN STIMATED AMOUNT OF $9,370, AND (2) THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT, IN AN ESTIMATED AMOUNT OF $329,359; FURTHER AUTHORIZING THE CITY Manager TO EXECUTE THE NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANTS. It was introduced by Commissioner Teele and seconded by Vice Chairman Winton, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None. 305 June 27, 2002 Whereupon, the Commission, on motion of Commissioner Teele and seconded by Vice Chairman Winton, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12248. 56. DIRECT MANAGER TO ENTER INTO AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) FOR PURPOSE OF GRANTING TO FPL EASEMENT FOR PLACEMENT OF TRANSFORMER PAD AND ELECTRICAL LINE SERVICES TO MARGARET PACE PARK, LOCATED AT 1745 NORTH BAYSHORE DRIVE. (See #65). Commissioner Teele: Mr. Chairman. Chairman Regalado: Ringo. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: This is very important. Mr. Attorney, Mr. City Manager, we deferred Item 5, and once a public hearing item has been deferred, it cannot be brought up anymore that night, unfortunately. I would like to make a motion regarding Item 5 to specifically-- where's the Manager? Oh, I'm sorry. I would like to make a motion regarding Item 5. Mr. Manager, we deferred this. It's a public hearing item. I'm not sure, of necessity, it had to be a public hearing, but it was -- we deferred it, which means we're going to take it up on the 9th, and I am making a motion to request that you enter into an agreement, in a form acceptable to the City Attorney, with Florida Power and Light for the purpose of granting an FPL (Florida Power Light) easement for the purpose of the placement of a transformer pad and electrical lines to Margaret Pace Park, and further directing and requesting, please, Mr. Attorney, to prepare the final documents for agreement prior to July the 8th, and I would move that that be a request to you. You would -- at the public hearing, obviously, we would ratify that action, if you take it. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 306 June 27, 2002 Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION 02-760 A MOTION DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FLORIDA POWER AND LIGHT ("FPL") FOR THE PURPOSE OF GRANTING TO FPL AN EASEMENT, AS DESCRIBED IN "EXHIBITS IA and 1B," ATTACHED AND INCORPORATED, FOR THE PLACEMENT OF TRANSFORMER PAD AND ELECTRICAL LINE SERVICES TO MARGARET PACE PARK, LOCATED AT 1745 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY ATTORNEY TO PREPARE AND FINALIZE SAID AGREEMENT PRIOR TO JULY 7, 2002. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: OK, so what do we do with Ringo here, that we kept him waiting? 57. RELATED TO 15TH ANNUAL RADIO PIMAN BOUK CONCERT, TO BE HELD AT JAMES L. KNIGHT INTERNATIONAL CENTER ON JULY 7,2002; AUTHORIZE WAIVER OF FEES AND PERMITS AND PROVISION OF SERVICES, $11,342.58; AUTHORIZE ALLOCATION OF FUNDS FROM SPECIAL EVENTS; SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS. Commissioner Teele: Mr. Chairman, I was prepared to move the item regarding the eleven thousand dollars or so, but there were two Commissioners not on the dais and I didn't want to be accused of running it through, and there was also a question of the seconder may not be on board on this thing, so I'd -- rather than get this thing upset, I just decided to wait until the other -- full Commission was there. I would be pleased to move the request, as outlined by the Manager's memo, authorizing the expenditure of eleven thousand and some dollars. 307 June 27, 2002 Chairman Regalado: OK. You have a motion -- Commissioner Sanchez: Second. Chairman Regalado: -- and a second. All in favor, say "aye." Commissioner Winton: No. Chairman Regalado: One no. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-761 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE 15" ANNUAL RADIO PIMAN BOUK CONCERT, TO BE HELD AT JAMES L. KNIGHT INTERNATIONAL CENTER ON JULY 7, 2002; AUTHORIZING THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW AND TO PROVIDE SERVICES, IN AN AMOUNT NOT TO EXCEED $11,342.58; AUTHORIZING THE ALLOCATION OF FUNDS FOR SAID SERVICES, FROM THE SPECIAL EVENTS ACCOUNT, CODE NO. 001000921054.289; SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES FOR SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. 308 June 27, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: None Chairman Regalado: Thank you. Cayard Ringo: Thank you so very much, and if you give me one second to thank two people -- three people who really work hardly [sic] on it under the leadership of Commissioner Teele; that's Karen from his office, and also Rachel. She was here since 7 o'clock this morning, and we really thank you, and Lina Blanco. Thank you so much Commissioner Sanchez: Thank you. Chairman Regalado: Thank you. Do we have a motion to adjourn? Commissioner Sanchez: I have pocket items can we just get rid of these pocket items. Chairman Regalado: OK. 58. DIRECT TO MANAGER AND CITY ATTORNEY TO REVIEW RESOLUTION BEING PROFFERED BY COMMISSIONER GONZALEZ RELATIVE TO COMMISSION'S ACCEPTANCE OF FORMER MAYOR JOE CAROLLO' S PUBLIC DECLARATION VOLUNTARILY AGREEING TO RECALCULATION OF HIS ELECTED OFFICIAL PENSION TO BE CALCULATED ON HIS ACTUAL BASE ANNUAL SALARY IN AN ATTEMPT TO CLEARLY UNDERSTAND ITS MEANING AND INTENT. Commissioner Sanchez: Pocket items. Chairman Regalado: Huh? Commissioner Sanchez: I have pocket items. Alejandro Vilarello (City Attorney): Well -- Commissioner Sanchez: Can we just get rid of these pocket items? Chairman Regalado: Oh, OK. OK. 309 June 27, 2002 Commissioner Sanchez: Well, why don't we go with -- Angel, you got pocket items? Commissioner Gonzalez: Yeah. I have a pocket item, which is a resolution of the City of Miami City Commission accepting former Mayor Joe Carollo's public declaration voluntarily agreeing to the recalculation of his elected official pension to be calculated on his actual base annual salary. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. Commissioner Sanchez: It's just rescinding the -- all that does is, what, rescind the ordinance that established him to get the lump sum? Commissioner Gonzalez: The lump sum (UNINTELLIGIBLE). Commissioner Sanchez: That's a savings to the City, but first of all, let me ask you something: Before any elected official gets a raise, don't they have to perform an actuary study? Mr. Vilarello: In terms of -- Commissioner Gonzalez: We're supposed to. Mr. Villarello: -- the adoption of an ordinance? Commissioner Sanchez: Yeah, but, listen -- there's a first and a second, I mean. Chairman Regalado: Yeah, but how much is this in dollars? Commissioner Sanchez: It's a savings to the City. Apparently, it takes away, what, the 40, thirty-nine thousand dollars? Commissioner Gonzalez: It's based on the annual salary. Carlos A. Gimenez (City Manager): If it's based on the annual salary, that's what he's saying, that's a reduction -- Chairman Regalado: A substantial. Mr. Gimenez: (UNINTELLIGIBLE) a substantial -- that's about a fifty thousand dollar reduction, just off the top of my head, because he had a base, I think, of a one -sixty, and so he's going to go down to 97. That's a pretty big reduction. Chairman Regalado: Well, I mean, it's a resolution, but resolution says that we're accepting Mayor Carollo's public declaration that he voluntarily agree to the recalculation of his elected official pension. 310 June 27, 2002 Commissioner Sanchez: That voluntary probably states that he's not going to challenge it in court. Chairman Regalado: OK, so the City Commission can proceed. Commissioner Gonzalez: That's according to the statement made by the ex -Mayor to the Miami Herald. Commissioner Teele: Mr. Chairman, I want to -- I've got caught in this mousetrap before. I voted on something I didn't know. I really would like to take this item up, asking the Manager and the Attorney to look at this item and know exactly what all of this means. Because I will tell you, it's 1 o'clock at night. You know, Mayor Carollo is a very, very -- I don't know if you're doing this at his request or his -- I mean, whose item is this? You know, and -- I mean, I trust you, sir, tremendously, but I really would like for -- to authorize the labor -- the appropriate people on the staff to meet with him, to just know what we're --- you've met with him, Mr. Attorney? Mr. Vilarello: No, no, but the implication here is that he's tendered this, so we -- Commissioner Sanchez: What's to meet with him? Mr. Vilarello: -- would certainly get a release from him before we proceed. Commissioner Sanchez: What's to meet with? Commissioner Teele: Yeah, but -- Commissioner Sanchez: Call the question. Commissioner Teele: Let me tell you -- Commissioner Gonzalez: At the last meeting that when we discussed the pension and the deal about the resolution that was passed back in September, I offered a motion rescinding what was approved back in September, and just allowing the Mayor to get his pension on what is the standard -- what was his standard, that was his salary, without any additional benefits, but after that, nothing happened. Chairman Regalado: No, because what happened is that the City Attorney was authorized to hire a tax attorney that is working on the response. The City Attorney asked for more time to bring the tax attorney's response and, basically, what it probably is going to say is that the pension will be recalculated somehow; that will be -- Commissioner Teele: I don't want to be involved in any mischief that I don't know what I'm doing. I mean -- and -- Chairman Regalado: No, no, no, that's what I'm saying. I'm saying -- 311 June 27, 2002 Commissioner Teele: This is a trick. It's a trick. Chairman Regalado: I'm saying -- Commissioner Teele: I can't figure it out. I don't know what it is -- Commissioner Gonzalez: No, no, no. Wait, wait. Wait, wait. Don't say it's a trick. Don't talk about tricks. Commissioner Sanchez: Mr. Chairman, it's 1:40 in the morning. Commissioner Gonzalez: There was -- Commissioner Sanchez: We are late. Commissioner Gonzalez: -- two weeks of comments -- of constant comments all over the radio - Commissioner Sanchez: You can vote it down or vote it up. Commissioner Gonzalez: -- about what the City Commission did, and the unlawful of the action that was taken, and so on and so on, and every time you turn the radio on, all you listen was about the ex -Mayor's retirement and that the -- and what was going on in City Hall with the Mayor's pension, so -- Chairman Regalado: I'll tell you what -- Commissioner Sanchez: Call the question. Chairman Regalado: -- Angel. I'll tell you what, Angel: Why don't we wait for the 9th to get the tax attorney, and then that would be a companion, too. Commissioner Gonzalez: Fine, fine. Chairman Regalado: Because -- I mean -- Commissioner Sanchez: What does that have to do with this ordinance? Chairman Regalado: It does a lot, because some members of the Commission are uncomfortable with -- Commissioner Sanchez: Then vote it down. Chairman Regalado: -- without -- I mean, you know, I -- look -- 312 June 27, 2002 Commissioner Teele: I could tell you one thing, I've been around long enough to know -- I can't figure this out and if it's too good to be true -- Vice Chairman Winton: I'll be glad to vote it down. Chairman Regalado: Right, that's the problem. Commissioner Sanchez: All right. Chairman Regalado: That is the problem, that it's too good to be true and -- Vice Chairman Winton: Actually, he is doing this -- Commissioner Gonzalez: Well, that's his (UNINTELLIGIBLE). Vice Chairman Winton: -- and he's setting up the radio so he can go out and say, "Look what I did. I'm a good guy and I'm running against Tomas." Chairman Regalado: Oh, that's OK. Commissioner Gonzalez: Oh, now we have one -- Chairman Regalado: That's -- Commissioner Sanchez: All right. Pocket items, let's go. Chairman Regalado: But that's OK, but -- and as a matter of fact, I'm looking forward to that, but -- Commissioner Sanchez: Guys. Chairman Regalado: I mean, the problem is that the former Mayor said something to that effect, but we don't know how much. We don't know what action can the City Commission. He just said, "I'll accept any action of the City Commission," and I think it's only fair to wait until we get the tax attorney's opinion. I really do. 59. PROVIDE IN-KIND SERVICES TO RICKIA ISAAC FOUNDATION, INC., $4,700, FOR WAIVER OF POLICE COST AND ASSOCIATED FEES FOR FOUNDATION'S JAM FEST: "NO MORE STRAY BULLETS" EVENT WHICH IS SCHEDULED TO TAKE PLACE ON JULY 4, 2002 AT MIAMI ARENA. Commissioner Sanchez: All right. Pocket items. Commissioner Teele: Mr. Chairman, this is a resolution of the Commission to provide an in- kind service to the Rickia Isaac Foundation, in the amount not to exceed forty-seven hundred for the waiver of police cost and associated fees for the foundation's jam fest "No More Stray Bullets" event, which is to take place at the Miami Arena on July 4, 2002. I would so move. 313 June 27, 2002 Commissioner Sanchez: I thought the CRA (Community Redevelopment Agency) -- Chairman Regalado: We have a motion -- Commissioner Teele: (UNINTELLIGIBLE) this is a police waiver. Commissioner Sanchez: OK. Yes. Commissioner Teele: Mr. Chairman, I have a resolution -- is there a question -- did you get the vote? Vice Chairman Winton: We've got to call the -- Chairman Regalado: Yes, I did. Commissioner Teele: Call the question. Vice Chairman Winton: Yeah. All in favor -- 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. 02-762 A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING IN- KIND SERVICES TO THE RICKIA ISAAC FOUNDATION, INC. IN AN AMOUNT NOT TO EXCEED $4,700 FOR THE WAIVER OF POLICE COST AND ASSOCIATED FEES FOR THE FOUNDATION'S JAM FEST: "NO MORE STRAY BULLETS" EVENT WHICH IS SCHEDULED TO TAKE PLACE ON JULY 4, 2002 AT THE MIAMI ARENA. 314 June 27, 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. 60. AUTHORIZE MANAGER TO EXECUTE ADDENDUM TO MANAGEMENT AGREEMENT WITH FLORENE LITTHCUT INNER-CITY CHILDREN'S TOURING DANCE COMPANY, INC. FOR PROVISION OF CULTURAL AND EDUCATIONAL PROGRAMS AT HADLEY PARK, TO PROVIDE FOR EXTENSION OF TIME BY WHICH CONDITIONS PRECEDENT MUST BE MET. Commissioner Teele: Pocket Number 4 is a resolution of the City Commission authorizing the City Manager to execute an addendum, in substantial of the attached form, to the management agreement with the Inner -City Children's Touring Dance Company, the provider, for the provision of culture and educational programs at Hadley Park; to provide an extension of time by which the conditions precedent must be met, and this is given to me by the Manager and it's based upon -- an impossibility based upon the delay in the construction schedule. I would so move. Chairman Regalado: We have a motion -- Commissioner Sanchez: Second. Chairman Regalado: -- and a second. All in favor, say "aye." The Commission (Collectively): Aye. 315 June 27, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION 02-763 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT WITH FLORENE LITTHCUT INNER-CITY CHILDREN'S TOURING DANCE COMPANY, INC. (THE "PROVIDER") FOR THE PROVISION OF CULTURAL AND EDUCATIONAL PROGRAMS AT HADLEY PARK, TO PROVIDE FOR AN EXTENSION OF TIME BY WHICH THE CONDITIONS PRECEDENT MUST BE MET. 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. 61. DIRECT ADMINISTRATION TO ESTABLISH RESERVE FUND WITH AVAILABLE 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC SERVICES IN DISTRICT 5 TO PROVIDE ASSISTANCE FOR COLLABORATIVE ACTIVITIES IN DISTRICT 5 PARKS FOR PROVISION OF PROGRAMS TO ELDERLY AND YOUTH. Commissioner Teele: And the final one is a resolution of the City Commission directing the administration to establish a reserve fund with the available 28th Year Community Development Block Grants for the public services in District 5; to provide assistance for collaborative activities in District 5 parks for the provision of programs to elderly and youth; and further directing the Administration to meet with the representatives of the Miami -Dade School Board to establish after-school tutoring pilot programs with the aforementioned District 5 reserves for youth in F -rated schools located in District 5. I would so move. Chairman Regalado: We have a motion. Do we have a second? Commissioner Gonzalez: Second. Commissioner Teele: Mr. Chairman, just -- 316 June 27, 2002 Chairman Regalado: We need to vote. Commissioner Teele: There were five F -rated schools -- Chairman Regalado: Wati, wait. Commissioner Teele: -- I think in the county -- Chairman Regalado: We need to vote on this one. Commissioner Teele: I just want to put this on the record. Chairman Regalado: Oh, OK. Commissioner Teele: And, unfortunately, three of those appear to be in District 5, and what I'm suggesting, just so that it's very clear, we need to practice what we preach. We need to work with the children in these schools and we need to prioritize -- at least, I am saying in my District because my District is worse than all the other districts in the state -- that whatever public service dollars I've got, they're not going to go out to every CBO (Community Based Organization) that comes in the door; they're going to go for a pilot program that we're going to ask the Administration to work with the school board, primarily in our parks, to try to help the children in these schools around the "P district -- "P schools, and I'm taking the page from Mayor Manny Diaz' State of the City, that we really need to work more closely with the School Board, and I appreciate your support for this. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 317 June 27, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION 02-764 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ADMINISTRATION TO ESTABLISH A RESERVE FUND WITH AVAILABLE 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC SERVICES IN DISTRICT 5 TO PROVIDE ASSISTANCE FOR COLLABORATIVE ACTIVITIES IN DISTRICT 5 PARKS FOR THE PROVISION OF PROGRAMS TO THE ELDERLY AND YOUTH; FURTHER DIRECTING THE ADMINISTRATION TO MEET WITH REPRESENTATIVES OF THE MIAMI-DADE COUNTY SCHOOL BOARD TO ESTABLISH AFTER SCHOOL TUTORING PROGRAMS WITH THE AFOREMENTIONED DISTRICT 5 RESERVE FUND FOR YOUTH IN "F" RATED SCHOOLS LOCATED IN DISTRICT 5. 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. 62. APPROVE CO-SPONSORSHIP AND PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES TO PROMOTE HOUSE OF TERROR AMUSEMENT PARK AND DOWNTOWN'S HOLIDAY VILLAGE EVENTS. Commissioner Sanchez: Mr. Chairman, I have three -- four -- well, three pocket items. Pocket item respectfully requesting the City Commission consider co-sponsorship of the Downtown Holiday Village banner, and also the House of Terror banners to be placed on light posts thorough the City of Miami. So moved. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: 318 June 27, 2002 MOTION NO. 02-765 A MOTION APPROVING THE CO-SPONSORSHIP AND PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI THOROUGHFARES TO PROMOTE THE HOUSE OF TERROR AMUSEMENT PARK AND DOWNTOWN'S HOLIDAY VILLAGE EVENTS. 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. 63. AUTHORIZE MANAGER TO ACCEPT SELECTION OF TWO QUALIFIED PROVIDERS TO BE ADDED TO CURRENT LIST OF PROVIDERS FOR LATENT PRINT EXAMINATION SERVICES; MANAGER TO EXECUTE AGREEMENT(S) WITH TWO NEW PROVIDERS, INCREASING CONTRACT BY $45,000, FROM $75,000 TO $120,000, FOR POLICE DEPARTMENT, ALLOCATE FUNDS FROM POLICE DEPARTMENT GENERAL OPERATING BUDGET. Commissioner Sanchez: Mr. Chairman, I respectfully request that the City Commission consider accepting this the selection of two qualified providers to be added to the current list of providers for Latex Print Examination Service; in addition, authorizing the City Manager to execute an agreement with the two new providers for a period of one year. This will amend the contract with the current providers of Latex Print Examination Service by increasing the contract amount by forty-five thousand dollars, from seventy-five thousand dollars to a hundred and twenty thousand; annually increasing in the hourly rate from 35 to forty dollars per hour, and that money will come out of the Police Department General Operating Budget, account number 0010002902016.270. So moved. Chairman Regalado: OK. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 319 June 27, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-766 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE SELECTION OF TWO (2) QUALIFIED PROVIDERS TO BE ADDED TO THE CURRENT LIST OF PROVIDERS FOR LATENT PRINT EXAMINATION SERVICES, AS LISTED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE TWO (2) NEW PROVIDERS, ON AN AS -NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR; AMENDING THE CONTRACTS OF THE CURRENT PROVIDERS BY INCREASING THE CONTRACT BY $45,000, FROM $75,000 TO $120,000 ANNUALLY, AND INCREASING THE HOURLY RATE FROM $35.00 TO $40.00 PER HOUR, FOR THE POLICE DEPARTMENT, ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270 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. 320 June 27, 2002 64. SECOND READING ORDINANCE: AMEND SECTION 40-255(K) OF CITY CODE ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST", TO EXCLUDE APPOINTED COMMISSION OFFICE STAFF, HEADS OF DEPARTMENTS AND THEIR ASSISTANTS, AND ASSISTANT CITY ATTORNEYS FROM ITS PENSION FORFEITURE PROVISIONS. Chairman Regalado: OK. That's it? Commissioner Gonzalez: Mr. Chairman, I have one more item that I would please ask you to -- that we discuss it. Chairman Regalado: Go ahead. Commissioner Gonzalez: It's Item 14. Charlie Cox has been here all day, and I'm sure that he's waiting on this item to come up, and I'm amending this ordinance to allow this exclusion only to employees that will be hired by the Office of the Mayor and the City Commission; is that -- Mr. City Attorney? Alejandro Vilarello (City Attorney): Changes the title to -- Commissioner Gonzalez: It changes from the previous motion. My motion has been amended that would allow us, the City Commission -- and only the City Commission and the Mayor to hire retired employees as part of our staff. We also have an actuary report that says that there will -- the City won't have any financial impact on this action, so I move the resolution, Mr. Chairman. Mr. Vilarello: It's an ordinance that's been adopted on first reading, so it's a proposed amendment on second reading. I don't believe it would require it to go back to first reading and, of course, it's the -- exclude those individuals who are within the budget of the Mayor and members of the City Commission, so there's a motion. Commissioner Gonzalez: I move. Chairman Regalado: OK. We have a motion and a second. Read the ordinance. Pricilla A. Thompson (City Clerk): I need a second, please, sir. Vice Chairman Winton: Do -- Chairman Regalado: Oh, you don't have a second? Ms. Thompson: No, not yet. Chairman Regalado: OK. 321 June 27, 2002 Vice Chairman Winton: (UNINTELLIGIBLE) right questions to ask, and you said -- I think you -- I heard you say -- Commissioner Gonzalez: I would only allow the -- us, the City Commission and the Office of the Mayor -- Vice Chairman Winton: To do this kind of thing. Commissioner Gonzalez: -- to hire (UNINTELLIGIBLE). Vice Chairman Winton: And you said there has been an actuarial analysis done so we would know what the impact would be on -- Commissioner Gonzalez: There would be no fiscal impact of the City. Carlos A. Giminez (City Manager): The actuarial impact -- there was a letter from the actuaries, says there is no impact to this, none whatsoever. Vice Chairman Winton: Is that -- how is that? Mr. Gimenez: It actually -- Mr. Vilarello: Once they come back and work for the City, they are no longer able to add or increase their pension benefit. There's no additional cost to the City for the contribution to the pension benefit, and the pension benefit that they're receiving is the one that they earned over their years of service with the City. Commissioner Sanchez: Do we have a second? Commissioner Gonzalez: I have a motion. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and now we have a second. It's an ordinance. Read the ordinance. Roll call. Pricilla A. Thompson (City Clerk): Commissioner Teele? Commissioner Teele: Yes. Ms. Thompson: Commissioner Winton? Vice Chairman Winton: Can I ask another question? City Commission staff, current staff, do they have a different standing or something than regular employees? 322 June 27, 2002 Mr. Vilarello: Yes. They're at -will employees. Vice Chairman Winton: They're at -will employees, so we have a special set of rules governing just City Commission staff already? Mr. Gimenez: No. They're basically unclassified, just like any other unclassified; they serve at - will. Mr. Vilarello: There are rules which treat them differently than their -- because they're somewhat considered political appointments and at -will employees. Vice Chairman Winton: Because what I don't want to do is set a standard here where some way or another, somewhere else in the city someone says, "Well, you know, you Commissioners do that, so it would only be fair for it to open somewhere else in the City," and so I just want to make sure that there's some rationale that says, well, the reason we can do this within the Commission is because we have separate something for our employees anyhow, and Commission offices are different. I mean, so -- I don't want the Commission offices -- somebody to come up with the argument that well -- you know, if you can do it in the Commission office, why can't we do it in budgeting or in police or in wherever else? Commissioner Sanchez: We did (INAUDIBLE). Vice Chairman Winton: Yeah, but there has to be -- see, I can't think through the rationale and I'm -- and that's the problem with that. Mr. Gimenez: This limits the number of people that could be affected by this, and this, in turn, you know, could limit any if -- if you had any qualms about the actuarial impact, the only way they would have an actuarial impact, if you have an exorbitant number of people take advantage of this, so this severely limits the number; therefore, you will have no actuarial impact. Vice Chairman Winton: OK. Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am Ms. Thompson: And Chairman Regalado? Chairman Regalado: Yes. OK. Commissioner Gonzalez: Thank you, and goodnight. 323 June 27, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST", TO EXCLUDE APPOINTED CITY COMMISSION AND MAYORAL OFFICE STAFF FROM PENSION FORFEITURE PROVISIONS; MORE PARTICULARLY BY AMENDING SECTION 40- 255(K); CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE 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 Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12249. 65. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) FOR PURPOSE OF GRANTING TO FPL AN EASEMENT FOR PLACEMENT OF TRANSFORMER PAD AND ELECTRICAL LINE SERVICES TO MARGARET PACE PARK, LOCATED AT 1745 NORTH BAYSHORE DRIVE. (See #65). DEFER ALL ITEMS NOT HEARD DURING JUNE 27, 2002 COMMISSION MEETING TO MEETING CURRENTLY SCHEDULED FOR JULY 9, 2002. Chairman Regalado: OK. We need a motion to continue all the items that were -- Alejandro Vilarello (City Attorney): Defer. Commissioner Sanchez: Move. Mr. Vilarello: To defer. 324 June 27, 2002 Commissioner Gonzalez: Second. Chairman Regalado: To defer and continue to the 9th Commissioner Teele: I thought that was already done. Chairman Regalado: No, we didn't. We said it, but we need a motion. Commissioner Teele: Wait. I thought you all told me, Mr. Hernandez, that Item 5 was deferred. Was Item 5 deferred? Did he -- Unidentified Speaker: (INAUDIBLE). Chairman Regalado: No. Item 5, we did it. Commissioner Teele: No, we didn't. We did a Statement of Intent on Item 5. Unidentified Speaker: Did a motion. Commissioner Teele: A motion. Alejandro Vilarello (City Attorney): There was a statement, Commissioner, apparently that -- Commissioner Teele: I was told -- Mr. Vilarello: -- Item 5 was deferred to 9th Commissioner Teele: But it -- Mr. Vilarello: I don't recall that. I don't know if the Clerk -- Unidentified Speaker: CA -5. CA -5 was (INAUDIBLE). Chairman Regalado: No, no, no. He's talking about Item 5. Commissioner Teele: If it was not deferred, then I would like to take Item 5 now, which is a simple motion for public hearing. Mr. Vilarello: I think Commissioner Gonzalez is right, there was a deferral of CA -5, but not 5. Commissioner Teele: OK. Mr. Vilarello: So -- Chairman Regalado: No, no, CA -5. 325 June 27, 2002 Mr. Vilarello: Unless the Clerk wants to correct the record, I don't -- I'm not aware of a deferral of Item 5. Pricilla A. Thompson (City Clerk): The only motion that we had that was voted on deferrals were for the PZ (Planning & Zoning) items, and you named those items, but you didn't call out any regular agenda items that would be deferred. Commissioner Teele: Then I may stand corrected. I was advised that it was. I heard a list of numbers and they just -- it was deferred. If not, Mr. Chairman, I would move item PZ -5 -- I mean, Item -- regular agenda number 5. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. It's a resolution. Commissioner Teele: It's a public hearing. Commissioner Gonzalez: Public hearing. Commissioner Winton: I thought we voted on that, so -- Commissioner Teele: No, we voted on the Statement of Intent because -- Vice Chairman Winton: Oh. Commissioner Teele: -- I thought it was deferred. Vice Chairman Winton: Oh, OK. Chairman Regalado: And this is a public hearing. Being none of the public, we close the public hearing. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: Item 5 passes. 66. INCLUDE DISCUSSION ITEM ON THE REMEDIATION AND DEVELOPMENT OF THE PROPERTY LOCATED AT 1700 N.W. 14" AVENUE ON AGENDA FOR SPECIALLY SCHEDULED CITY COMMISSION OF JULY 8, 2002. Alejandro Vilarello (City Attorney): Mr. Chairman, what I would recommend is a deferral of all items not heard to the meeting of July 9th, and then adjourn this meeting. Commissioner Teele: I would so move. 326 June 27, 2002 Vice Chairman Winton: Second. Chairman Regalado: Johnny, I -- it doesn't do any good for me to leave here now, because I've got to go to work at 3:30. You want to listen to Raceworks? Vice Chairman Winton: No. Chairman Regalado: All in favor -- Priscilla A. Thompson (City Clerk): I need a second, please. Chairman Regalado: --say "aye." Mr. Vilarello: Mr. Chairman Commissioner Teele: She needs a second. Chairman Regalado: She needs a second. She has a second. Vice Chairman Winton: Second. Chairman Regalado: She needs a -- Ms. Thompson: Thank you. Mr. Vilarello: Before you adjourn, just one more item. Chairman Regalado: What? Mr. Vilarello: Before you adjourn, I -- you'll recall that there was an item that you all wanted to discuss on the 8th, and I reminded you that you would have to add it to the call of your special Commission meeting, but I didn't promise that I could remember what that would be at 2 o'clock. But you have to -- The BEDI grant, that was the one. The Civic Center item, you needed to add that to the call of the meeting on July 8th Chairman Regalado: Well, we can do that. Mr. Vilarello: You need to do it now. Chairman Regalado: Yeah. We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. 327 June 27, 2002 The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-769 A MOTION ADDING TO THE CALL OF THE SPECIAL COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 8, 2002, DISCUSSION ON THE REMEDIATION AND DEVELOPMENT OF THE PROPERTY LOCATED AT 1700 N.W. 14TH AVENUE. 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: That item will be heard after CDBG (Community Development Block Grant), on July the Stn Commissioner Teele: I don't know what the rules of procedure are. What do we operate by? Reed's Rules or whose rules, literally? Mason's Rules? But in most parliamentary procedures, a vote is not final until the vote has been declared by the presiding officer. I mean, just as a technicality. Chairman Regalado: So it passes. Commissioner Teele: So you can have a roll and a vote and dah-dah, but until you declare the vote, it's technically not -- Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: It passes, so -- Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: --we would adjourn. Commissioner Gonzalez: We have Mr. Lopez sitting here. Was he waiting? Chairman Regalado: No. We did defer that. 328 June 27, 2002 Commissioner Gonzalez: Oh, OK. Commissioner Teele: Was there something we're missing on Mr. Lopez? Jorge, what's up? Paid by the hour? Chairman Regalado: He's just sitting there. Commissioner Teele: What happened? Jorge. Chairman Regal ado: He just wants the chilling effect. Jorge Lopez: We've changed our minds so many times on these hearings, I wanted to make sure that there was no further misrepresentations or anything else on the record, so just keeping an eye on you guys. Commissioner Teele: Thank you, Jorge. 329 June 27, 2002 There being no further business to come before the City Commission, the meeting was adjourned at 1:54 a.m. ATTEST: PRISCILLA A. THOMPSON City Clerk SYLVIA LOWMAN Assistant City Clerk MANUEL A. DIAZ Mayor 330 June 27, 2002