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HomeMy WebLinkAboutCC 2002-07-09 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 9th day of July, 2002, the City Commission of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:27 a.m. by Chairman Tomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) (9:29 a.m.) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) (10:13 p.m.) ALSO PRESENT: Manuel A. Diaz, Mayor Carlos A. Gimenez, City Manager Alejandro Vilarello, Assistant City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk July 9, 2002 1. PRESENTATIONS & PROCLAMATIONS COMMENDATIONS TO RETIRING EMPLOYEES MICHAEL CHARLES EDDY AND R. SUE WELLER. DISTINGUISHED CITIZEN PRESENTATION TO MS. JOY FINSTON LANDY FOR YEARS OF OUTSTANDING WORK ON CITY'S COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT AND ROYAL POINCIANA FIESTA. TRIBUTE TO WINNERS OF THE 2002 ROYAL POINCIANA FIESTA WINNERS QUEEN ALEJANDRA AND PRINCESS TIFFANY FOR OUTSTANDING ACADEMIC EXCELLENCE. CERTIFICATES OF APPRECIATION TO MIAMI STORM SOCCER TEAM: JUAN TOSCANO, NORBERTO PAZ, EDDY PAZ, JONATHAN CRUZ, AGUSTIN FERRAARI, DEREK WILCOX, DIDIER MOLL, PABLO YUGUERO, JUAN SOSSA, AGUSTIN ARIZA, JOSUE GARCIA, ARISSE FERNANDEZ, LIAN PINO, RAUL BECERRA, CARLOS MEJIA, AND ANGEL LANTIGUA. An invocation was delivered, after which the Commission led those present in a pledge of allegiance to the flag. Chairman Regalado: We have some presentations, and we're honored to have so many of our residents and we're very proud of them, and the Mayor is going to make some presentations and then we'll proceed with the Miami Storm Soccer Team. Presentations made. 2. SUPPORT, INYRINCIPLE, CITY'S LETTER OF INTENT TO HOST 2003 AND 2004 ESPN X -GAMES. Chairman Regalado: OK. The Mayor has no vetoes, but the Mayor also has some items that he has asked to present to the City Commission, and then we'll proceed with the regular agenda. Mayor Manuel Diaz: Thank you, Mr. Chairman. I have one item right now on my -- I think, on my blue page. This is an update for all of you: If you remember, perhaps a couple of months back, we had Mr. Jack Weinert, the-- an executive director at ESPN (Entertainment and Sports Programming Network) Event Creation, where he talked about the X -Games. Just very briefly, just to remind you, the X -Games are coming on to their ninth and tenth year next -- in 2003 and 2004. They are interested in having them in the City of Miami. We-- it's really in our hands right now. They've indicated that we are their favorite site and they are anxious to make an announcement selecting Miami. The -- This year's event in Philadelphia had over -- approximately, a quarter of a million people in the City. Most recently, during the U.S. Conference of Mayors, I ran into the former City Manager of Philadelphia, and he couldn't stop talking about the event, and in fact, they were pushing ESPN to see if they could stay for another 2 July 9, 2002 two years in Philadelphia, but they want to keep moving. The annual economic impact of the events is estimated at approximately $35,000,000 for the local economy -- over 10,000 room nights for the area. We're going to have 800 worldwide journalists. We have 25 hours of original programming on ESPN, ESPN -2 and ABC (American Broadcasting Corporation) Sports. There will be extensive re -airs and distribution versus the -- through the ESPN International 26 networks. This is a huge event. It is a family event. It is a free event, and I think it's something that all of us can rally behind to have in the City of Miami. You may also remember that Mr. Weiner mentioned that they take great pride in not just having the event in a City, but also becoming a part of the community and going to the inner City schools and working with kids in the schools to teach them and bring them up -to -speed on the event itself, so I -- we need your blessing. We need your support. There is a letter -- Letter of Intent, which has been distributed to all of you, indicating the terms of our proposal. There is a budget that is attached to that Letter of Intent, and if you have any questions, I'm here to answer any questions. Chairman Regalado: I have read the budget and the letter, and it seems to me that what we can do is not something that we're saying, "Oh, the City is participating." This is an investment on the image of the City of Miami. This is an engine that will drive for many days the economic engine of downtown Miami, but it's more than that. The X -Games -- I was talking to the Mayor. I was telling him that if you go to the video stores, you will see that this week, they have a new release, which is in video and DVD (Digital Versatile Disc) -- the last X -Games, so it shows the interest, the importance of these games throughout the country. They have it at the IMAX theaters. They have one in Fort Lauderdale, and I think that the City Commission should rally behind the Mayor's call and tell him that, yes, we are definitely supporting the games, so that is my comment. Commissioner Sanchez: They even have a movie coming out. Mayor Diaz: Yes, they do. Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Regalado: OK, we have a motion. What we are approving here is to go forward with the Letter of Intent and then, throughout the next weeks, we'll have more details of the City's level of participation; that is correct? OK, we have a motion and second. All in favor, say LL " aye. The Commission (Collectively): Aye. Chairman Regalado: It passes. 3 July 9, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-783 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING, IN PRINCIPLE, THE CITY'S INTENT TO HOST THE 2003 AND 2004 ESPN X - GAMES, AS MORE PARTICULARLY DESCRIBED IN THE DRAFT LETTER OF INTENT FROM MAYOR MANUEL A. DIAZ. 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. 3. DIRECT MANAGER TO BRING BACK TO COMMISSION FOR FINAL APPROVAL, MAYOR'S STRATEGIC PLAN AND BUDGET FOR SAID PLAN. Chairman Regalado: Mayor, you have Item 2, the Mayor's Proposed Strategic Plan. This item was deferred from the last meeting. Actually, from the last two meetings, so if you want to go ahead and present to the City Commission. Chip Iglesias: All right, Commissioners. Chip Iglesias, Chief of Staff, City Manager. We're currently passing out copies that have been passed in previous meetings, which is sort of a draft sheet of a framework that was put together for your -- for the purpose of discussion, and I don't know if the Mayor wants to do an introduction before I kind of just discuss a little bit. Mayor Manuel Diaz: No, move forward. Mr. Iglesias: Basically, the Mayor had a discussion and moved forward a process to do a Citywide strategic plan that basically would encompass a lot of areas, key areas of this City. Part of the process was to come before this body and get your input in key areas that you would consider that should be part of this strategic plan. The document that's being passed around, which you've had before, kind of just talks a little bit about sort of the vision of the strategic plan, the purpose of the strategic plan. Certainly, it would be to capture the vision for the next 10 years for this City and establish a blueprint -- a framework, so to speak, with measurable goals, and a document that can help us allocate resources as we're moving forward. On page two, you'll see towards the bottom of the page some areas that have been identified as potential subject areas to be included in the strategic plan, and so those are the areas that we feel have 4 July 9, 2002 been identified at this point. Obviously, we're looking for your guidance and input into additional areas that you feel could be included as part of the strategic plan. The two things we'd like to achieve today are, one, that you give authorization to the City Manager to move forward and negotiate with a firm to conduct such a study, create such a plan and, number two, get your input and the key subject areas that you feel should be included as part of the strategic plan. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Mr. Chairman, first of all, let me start by congratulating the Mayor, his staff, and the City Manager. I think that this is a step in the right direction. As we all know, the City of Miami is the first poorest city -- and I hate to say that -- but we are the first poorest city in the nation, and to have a plan, a strategic plan set in place for the next 10 years to try to overcome that and see if we could at least, in the next couple of years, move down to maybe five or six and maybe within 10 years, we could get off that top 10 list. Let me just say the economic development and opportunities has been something that we have spoken about many times. I think that every Commissioner here has focused on economic development because that is the engine that really is going to give us the opportunity to accomplish that, to accomplish bringing more revenue to our City. I am glad to see that we are focusing on the film industry. I've often said it, that we are missing out on key opportunities. One of them was the mega yacht marina, the mega yacht services. You know, ships come down and they stay in Fort Lauderdale because they have a base that's provided. That's an industry that provides millions, if not billions, of dollars of revenue to a city. We have a golden opportunity in the film industry to, within five years, if we do it right, compete with New York, compete with Hollywood, and compete with other major cities that cater to that industry, because not only do we have the climate, we have people that come down here and enjoy filming here, and in the process, they come down here and guess what? Most of these major actors end up buying homes here and seeking residency in either South Florida or in Dade County and even in Miami, so I'm glad to see that the City of Miami, especially the Mayor and his staff, are taking steps to make sure that, through this strategic plan, we could overcome this embarrassing position that we're in, that we are the poorest city in the nation. Once again, Mr. Mayor, congratulations to you and to your staff. I am delighted to sit down and work with you. I would ask, in respect, that I be afforded an opportunity to sit down within the next couple of days maybe and provide some additional input into your strategic plan, but I am prepared to support it. Thank you. Chairman Regalado: OK, what-- Mayor, what do you want from the City Commission on this plan, a motion to -- Mayor Diaz: I think the motion ought to be to authorize the Manager to move forward in the development of this plan and to -- Vice Chairman Winton: We need -- you need a budget in here, though. I mean, there are no dollar amounts, so you've got to bring some. Commissioner Sanchez: Well, he could come back with that. 5 July 9, 2002 Vice Chairman Winton: Yeah, right. Commissioner Sanchez: This is just a motion to direct the City Manager to come back with a strategic -- with a plan, and a budget attached to that plan for final approval from the City Commission. So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: OK, we have a motion. Vice Chairman Winton: And I think something's important here -- Commissioner Sanchez: Subject to the City Attorney also. Vice Chairman Winton: -- Mr. Chairman, which is the point you make all the time, the people that are watching us on Net -9 have no idea what the details are, and I think you ought to read it into the record, at least the section that begins with "economic development and opportunities," and read those headings and the subheadings under that so that the public can have a sense of the breadth and depth of this master planning effort. Commissioner Sanchez: Johnny, if you may, would you yield for a minute? I think it would be a great idea to somehow -- not the entire plan itself, but the mission of the plan to be published on Net -9 throughout the City. I think people need to be educated on the issue. I mean, they see a strategic plan and they wonder, "Well, how many other mayors in the past have come up with a strategic plan?" I don't know the answer to that question. Probably none, but you know, they'll ask that question, of course. The key issue here is what Commissioner Winton says -- you know, we tend to put a price tag on everything that we do, and I think it's important that the residents of Miami -- the voters, the people that elected you and elected all of us -- are well-informed of this plan through the Net -9 concept. Mayor Diaz: As a matter of fact, an integral part of this whole process is going to be the involvement of the people that are watching it on television, because they are going to have to -- they are the stakeholders, and this is everyone's future that we're talking about, and they need to be a part of it. I will speak to Mr. McDonald and Mr. Clark today to see if we can get this typed up and have them run through Channel 9. Chairman Regalado: But what Johnny said, it's important -- Mayor Diaz: But I'll read it now also. Chairman Regalado Yes, please. Vice Chairman Winton: By the way, I've heard a couple of people tell me of late -- I don't know if any of the rest of you are experiencing this; maybe it's just theirs, but they're having real audio 6 July 9, 2002 problems with -- I've had two or three people come to me lately and say they can't watch the Net -9 proceedings because the audio is so bad on it now. Commissioner Sanchez: That's correct. I've also had complaints on that, and I'm glad you brought that up. Very poor quality. Vice Chairman Winton: So we're wasting our time if -- I mean, I don't under -- what -- Mr. Gimenez: Well, part of the redo that we're going to be doing, while the Commission recesses, is address that audio problem, so that's -- we're looking into that and trying to bring up, not only the dais, but also the production, you know, up to standards. Vice Chairman Winton: But there's no short-term fix. I mean, the audio, from what I understand, is so bad that a lot of people just simply won't watch it anymore. Chairman Regalado: My understanding there, Johnny, the audio is really bad because of two things. First of all, these mikes are no longer good because they are directional. They pick up a very strong signal and they sort of jump, so these mikes are going to be changed. Plus, also we have some technical problems that are going to have to be fixed, but when we have the new system, that new audio system here, think it would be much, much better for the people watching at home. I always recommended to do several things, and some of the things Mr. McDonald is implementing. I think that when we come back in the fall, we are going to have a much better way of presenting to the people the City Commission meeting. We are also working on some glitches. The past days, I had complaints of people saying that they can only watch some Windows thing -- Commissioner Gonzalez: Windows 2000 label. That was the entire weekend. Chairman Regalado: Yeah, Windows, that's all, for hours and hours and hours. You just watch some Windows logo, which is OK. I mean, if Bill Gates is going to pay the City for a permanent billboard, it's fine by me, but there is no programming at all. I think we need to do that in the short-term, so you want to read something into -- Mayor Diaz: Sure, Mr. Chairman. We are, at present, focusing on six critical areas. The first one is economic development and opportunities, and under that we'll be looking at tourism, banking and financial services, health care. For those of you who are not aware, for example, the University of Miami hosted a group, a couple of weeks back, that is an international urban design organization. Working with the University of Miami, they've come up with a master plan for the Civic Center/Allapattah/Spring Garden area that is a very exciting plan, and the University plans on making a significant investment of time and resources into that whole Civic Center area to make it a real world, renowned research center, trade and international services, small business, job training and creation. The second area is arts, culture and public places. There we're talking about looking at music, film, as Commissioner Sanchez mentioned, television, City parks and facilities, performing and visual arts, historic districts, special districts, like the entertainment, apparel, design districts, visitor destinations and waterfront. We're also looking at services. In an effort to identify efficiency and effectiveness of service delivery from a customer service 7 July 9, 2002 perspective, and there we're going to look at, principally, our departments of police, sanitation, fire, parks, as well as other departments, and marketing of City efforts and investment development opportunities. In the area of infrastructure, we're going to look at our planning and zoning, construction development, inspection, quality control, public works, City assets, community infrastructure, neighborhood reinvestment. We're also looking at civic culture, citizen participation, which includes the areas of citizen participation, community diversity, community and faith -based organizations and educational campaigns. The idea here being, how do we create greater and greater participation from our citizenry in the process of our government? Finally, reinventing government, which is looking at the organizational structure, and that's a function really of sort of the whole master plan. Because when you go through a master plan and you determine the priorities and you determine the areas that you want to focus on, you re-engineer your government to fit those areas and to accomplish those goals, rather than the other way around, which is the way most governments have done it, which is, you have departments and then those departments are supposed to somehow take those goals and implement them. It makes a whole lot of sense to identify where we want to be in 10 years and then structure our government in such a way as to accomplish where we want to be in 10 years from now. I want to mention one other thing, and that is that Commissioner Teele had indicated that he wanted to include an analysis of sports in one of these subsections. Chairman Regalado: Thank you, thank you. So we have a motion and a second. All in favor, say "aye." The Commissioner (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption. MOTION NO. 02-784 A MOTION DIRECTING THE CITY MANAGER TO BRING BACK TO THE COMMISSION FOR FINAL APPROVAL, THE MAYOR'S STRATEGIC PLAN AND A BUDGET FOR SAID PLAN, IN A FORM ACCEPTABLE TO THE ATTORNEY. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton July 9, 2002 4. SECOND READING ORDINANCE: AMEND CITY CODE BY ADDING NEW DIVISION 16, CONSISTING OF SECTIONS 2-1215 THROUGH 2-1222, AND AMENDING SECTION 2-892 ENTITLED "ADMININISTRATION/COUNCILS, COMMITTEES, COMMISSIONS, TO ESTABLISH SISTER CITIERS PROGRAM AND ESTABLISH SISTER CITIES COORDINATING COUNCIL (COUNCIL). Chairman Regalado: Item 19, Mr. Mayor. Go ahead. Anthony Georges Pierre: Good morning, Mr. Chairperson and Commissioners. Anthony Georges Pierre, for the Mayor's Office, with regard to the second reading of the Sister Cities Coordinating Council ordinance. As stated previously, the Sister Cities Committee have a number of 27 present to date. The objective of this ordinance would be to establish a coordinating council, thereby allowing a coordinating committee to govern and to dictate the terms and conditions for membership into the committees, as well as to oversee the functioning of various activities that those committees would be doing. Those committees' objective is to concentrate on establishing cultural, educational, and potentially lead to trade relations between the City of Miami and the various cities throughout the world. For instance, we have a relationship with Kawashima, Japan. It's a wonderful relationship, one that's been established for a number of years. That relationship has even resulted in a $150,000 grant awarded to the City of Miami, the first ever, and this is as a result of the sister cities relationship between the two, City of Miami and Kawashima, Japan. Something along those lines that led to development of relationships that transcend time, while at the same time establishing a rapport that eventually led to trade opportunities between the cities. This ordinance would thereby, if voted upon and agreed upon by the Commission, will ensure that the success of the City's Sister Cities program. Chairman Regalado: Thank you. This is a public hearing. Anybody from the public? Being none, we close the public hearing. Do we have a motion for this second reading? Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): The ordinance is approved, 4/0. we July 9, 2002 An ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/COUNCILS, COMMITTEES, COMMISSIONS, TO FORMALLY ESTABLISH THE CITY OF MIAMI SISTER CITIES PROGRAM AND ESTABLISH THE SISTER CITIES COORDINATING COUNCIL (COUNCIL) AND PROVIDE FOR THE SUNSET' OF SAID COUNCIL, TO SET FORTH SAID COUNCIL'S PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURE, MEETINGS, QUORUM, VOTING, ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, COUNSEL, NOTICES AND FILING OF RECORDS AND ANNUAL REPORTS; MORE PARTICULARLY BY ADDING NEW DIVISION 16, CONSISTING OF SECTION 2-1215 THROUGH 2-1222 AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed on adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12251 The ordinance was read by title into the public record by the City Attorney. 5. CONSENT AGENDA Chairman Regalado: Consent Agenda. Thank you. Consent Agenda. Mr. Manager, you -- There are some items that were pulled prior of the distribution of the agenda, CA -10 and CA -18. Anybody from the Commission wants to pull, defer any item from the Consent Agenda? Commissioner Gonzalez: Move the consent agenda. 10 July 9, 2002 Commissioner Sanchez: Second. Chairman Regalado: OK, we have a motion to approve the consent agenda. We have a second. This is a public hearing. Anybody from the public who wishes to make comments, questions regarding the consent agenda? Being none, we close the public hearing. All in favor, say "aye." The Commission (Collectively): "Aye." Chairman Regalado: It passes. Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER SANCHEZ AND SECONDED BY COMMISSIONER GONZALEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 11 July 9, 2002 5.1 ACCEPT BID OF THE PAINTER, INC. BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-046R, FOR ACQUISITION OF PAINTING AND WATERPROOFING SERVICES AT MIAMI RIVERSIDE CENTER PARKING GARAGE FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, $43,500; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. RESOLUTION NO. 02-785 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF THE PAINTER, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01- 002-046R, DATED JANUARY 30, 2002, FOR THE ACQUISITION OF PAINTING AND WATERPROOFING SERVICES AT THE MIAMI RIVERSIDE CENTER PARKING GARAGE FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED $43,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311042.429301.6.830. 5.2 APPROVE PROCUREMENT OF LIGHT, MEDIUM AND HEAVY TRUCKS FROM VARIOUS VENDORS FOR DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 070-700-02-1 AND 070-001-02-1, $520,752. RESOLUTION NO. 02-786 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF LIGHT, MEDIUM AND HEAVY TRUCKS FROM VARIOUS VENDORS FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 070-700-02-1, EFFECTIVE THROUGH MAY 31, 2003, AND 070-001-02-1, EFFECTIVE THROUGH SEPTEMBER 30, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO ECEED $520,752; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 352216.319201.6.840. 12 July 9, 2002 5.3 APPROVE PROCUREMENT OF VACTOR TRUCK, MODEL 2115-36, FOR DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, FROM ENVIRONMENTAL PRODUCTS OF FLORIDA, UNDER EXISTING CITY OF FORT LAUDERDALE BID NO. 312-8534, $203,572; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. RESOLUTION NO. 02-787 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF ONE VACTOR TRUCK, MODEL 2115-36, FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, FROM ENVIRONMENTAL PRODUCTS OF FLORIDA, UNDER EXISTING CITY OF FORT LAUDERDALE BID NO. 312-8534, IN AN AMOUNT NOT TO EXCEED $203,572; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT CODE NO. 352216.319201.6.840. 5.4 APPROVE CONSTRUCTION AND/OR PAVING OF SPORTS COURTS AT VARIOUS CITY PARKS FOR DEPARTMENT OF PARKS AND RECREATION FROM AGILE COURTS CONSTRUCTION, INC., AND MCCOURT CONSTRUCTION, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6941 -2/04 -OTR -CW, $81,400; ALLOCATE FUNDS FROM SAFE NEIGHBORHOOD PARK BOND FUNDS. RESOLUTION NO. 02-788 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CONSTRUCTION AND/OR PAVING OF SPORTS COURTS AT VARIOUS CITY PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM AGIULE COURTS CONSTRUCTION, INC., AND MCCOURT CONSTRUCTION, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6941 -2/04 -OTR -CW, EFFECTIVE THROUGH FEBRUARY 28, 2003, AND ANY EXTENSIONS, IN A TOTAL AMOUNT NOT TO EXCEED $81,400; ALLOCATING FUNDS FROM SAFE NEIGHBORHOOD PARK BOND FUNDS, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 13 July 9, 2002 5.5 AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENT AND UTILIZE SERVICES OF R.J. HEISENBOTTLE ARCHITECTS, P.A., UTILIZING PUBLIC WORKS QUALIFIED LIST FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR BAYFRONT PARK ADMINISTRATIVE OFFICES AND PUBLIC RESTROOM RENOVATION PROJECT, $44,950; ALLOCATE FUNDS FROM ITS CAPITAL IMPROVEMENT BUDGET. RESOLUTION NO. 02-789 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE BAYFRONT PARK MANAGMENT TRUST ("TRUST") TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT AND UTILIZE THE SERVICES OF R.J. HEISENBOTTLE ARCHITECTS, P.A., UTILIZING THE PUBLIC WORKS QUALIFIED LIST FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE BAYFRONT PARK ADMINISTRATIVE OFFICES AND PUBLIC RESTROOM RENOVATION PROJECT, AT A TOTAL AMOUNT NOT TO EXCEED $44,950; ALLOCATING FUNDS THEREFOR FROM ITS CAPITAL IMPROVEMENT BUDGET. 5.6 AUTHORIZE MANAGER TO EXECUTE GRANT OF TEMPORARY ACCESS EASEMENT WITH MIAMI-DADE COUNTY FOR PURPOSE OF GRANTING RIGHT TO INGRESS AND EGRESS THROUGH AND ACROSS 4,450 FOOT LONG PORTION OF CITY -OWNER PERIMETER ROAD ADJACENT TO MIAMI-DADE COUNTY WASTEWATER TREATMENT PLANT LOCATED ON VIRGINIA KEY. RESOLUTION NO. 02-790 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY ACCESS EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR THE PURPOSE OF GRANTING THE RIGHT TO INGRESS AND EGRESS THROUGH AND ACROSS AN APPROXIMATELY 4,450 FOOT LONG PORTION OF CITY -OWNER PERIMETER ROAD ADJACENT TO THE MIAMI-DADE COUNTY WASTEWATER TREATMENT PLANT LOCATED ON VIRGINIA KEY, AS SHOWN IN EXHIBIT "A' ATTACHED HERETO AND MADE A PART HEREOF. 14 July 9, 2002 5.7 RECOMMEND TO MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION (MPO) LOCALLY PREFERRED ALTERNATIVE FOR MIAMI SEGMENT OF MIAMI - MIAMI BEACH TRANSPORTATION CORRIDOR STUDY OR "BAY LINK," PROPOSED TRANSIT CONNECTION PROJECT CONNECTING MIAMI AND MIAMI BEACH; AND RECOMMEND TO MPO TO CONTINUE ASSESSING DESIRED ALIGNMENT IN PREPARATION OF FINAL ENVIRONMENTAL IMPACT STATEMENT FOR BAY LINK. RESOLUTION NO. 02-791 A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDING TO THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION (MPO) A LOCALLY PREFERRED ALTERNATIVE (LPA) FOR THE MIAMI SEGMENT OF THE MIAMI -MIAMI BEACH TRANSPORTATION CORRIDOR STUDY OR "BAY LINK,' THE PROPOSED TRANSIT CONNECTION PROJECT CONNECTING MIAMI AND MIAMI BEACH; AND, RECOMMENDING TO THE MPO TO CONTINUE ASSESSING THE DESIRED ALIGNMENT IN PREPARATION OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR BAY LINK. 5.8 APPROVE ACQUISITION OF PLANNING, DESIGN, ANALYSIS, TESTING, MIGRATION, IMPLEMENTATION, PROGRAMMING, PROJECT MANAGEMENT, TECHNICAL SUPPORT AND OTOHER CONSULTING SERVICES FROM ADVANCED SYSTEMS DESIGN, INC., UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 973-509-02-1, FOR DEPARTMENT OF INFORMATION TECHNOLOGY, $275,000; ALLOCATE FUNDS FOR FISCAL YEAR 2001-2002 FROM GENERAL FUND AND VARIOUS CIP ACCOUNTS, $63,000; AND FUTURE ALLOCATIONS FROM FISCAL YEAR 2002-20903 OPERATING BUDGETS, AND VARIOUS CIP ACCOUNTS. RESOLUTION NO. 02-792 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF PLANNING, DESIGN, ANALYSIS, TESTING, MIGRATION, IMPLEMENTATION, PROGRAMMING, PROJECT MANAGEMENT, TECHNICAL SUPPORT AND OTHER CONSULTING SERVICES FROM ADVANCED SYSTEMS DESIGN, INC., UTILIZING AN EXISTING STATE OF FLORIDA CONTRACT NO. 973-509-02-1, EFFECTIVE THROUGH DECEMBER 6, 2002, SUBJECT TO ANY EXTENSIONS THERETO BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AT A TOTAL AMOUNT NOT TO EXCEED $275,000; ALLOCATING FUNDS, FOR THE FISCAL YEAR 2001-2002, THEREFOR FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.270 AND VARIOUS CIP ACCOUNTS, IN THE AMOUNT OF $63,000; AND FUTURE ALLOCATIONS FROM FISCAL YEAR 2002-2003 OEPRATING BUDGETS, AND VARIOUS CIP ACCOUNTS, SUBJECT TO PRIOR BUDGETARY APPROVAL, AT TIME OF NEED. 15 July 9, 2002 5.9 AUTHORIZE DIRECTOR OF FINANCE TO PAY JORGE PALOMINO $60,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY FOR CASE JORGE PALOMINO VS. CITY, ET AL.; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 02-793 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JORGE PALOMINO THE SUM OF $60,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE JORGE PALOMINO VS. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMMI- DADE COUNTY, FLORIDA CASE NO. 00-10409 CA (05), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCAITNG FUNDS THEREFORE FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 5.10 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 02-794 A MOTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 5.11 ACCEPT REPORT FROM MANAGER REGARDING COMMISSION DIRECTIVES. MOTION NO. 02-795 A MOTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CITY MANAGER REGARDING COMMISSION DIRECTIVES. 6. AUTHORIZE MANAGER TO INCREASE EACH COMMISSIONER'S BUDGETS BY $30,000, AND SAID INCREASE TO BE INCLUDED AS AMENDMENT TO THIS YEAR'S MID -YEAR APPROPRIATIONS ORDINANCE. Chairman Regalado: Commissioners' Items. Commissioner Gonzalez, do you have any? Commissioner Gonzalez: I don't have anything. Chairman Regalado: OK. Commissioner Winton -- Vice Chairman Winton. 16 July 9, 2002 Vice Chairman Winton: Yes. Chairman Regalado: Go ahead, sir. Vice Chairman Winton: I simply don't have enough resources in my staff office to carry the workload that I need, and I was prepared to wait until the end of this fiscal year to do something about it, even though I needed to act now, but when I discovered that we're going to approve six point seven million or I think it's now seven point some million dollars in adjustments at the end of the year in extra costs to the City, I thought, let's see, 7,000,000 versus 30,000. I thought, why do I want to wait until -- when I need to get this work done now -- until October, if we're going to make this kind of adjustment? So I said, I'm not going to, and so I would like to make an adjustment to my budget of an amount not to exceed $30,000 for the remainder of the year, and then I'm going to make a more significant adjustment for my budget for this coming year. Chairman Regalado: OK, we have a motion. Commissioner Gonzalez: Second. Chairman Regalado: And a second. Commissioner Sanchez: Discussion. Chairman Regalado: Yes, sir. Go ahead, Commissioner Sanchez. Commissioner Sanchez: Johnny, I agree with you on the lack of resources that you have at your office. I have it in my office, and I could assure you that every Commissioner here has it in his office. Let me just say that the workload that we have -- and I speak for my district, with the staff that I have -- finds me in a situation sometimes that, you know, the turnover of staff -- I mean, people will leave because they get to a point where you can't pay them what they're worth, so you end up having poor quality of staff, and at the end, the people that suffer are the Commissioners who oversee the districts and the residents of that district. I've often said -- and I know that I take blame for the last budget, which I was the one that made the motion not to increase the budget because of the financial situation the City was in -- but I think that today we're better off financially, and therefore, I have to agree with you, but here's the thing, the budgets are set every year at a specific time and then carries out for the whole entire year. We don't have any mid -year adjustments, at least in the Commissioners' budgets, so the precedent that we would be setting now -- for us to say one Commissioner wants to increase his budget -- you know, Johnny, may be seen awkward because other people -- I tell you what's going to happen out there -- Vice Chairman Winton: Listen, in light of a seven million damned adjustment right now, don't talk to me about $30,000, Joe; talk about precedents -- Commissioner Sanchez: I understand. I understand. It's fine. I understand, but Johnny, you know what's going to happen? And I guarantee you, we approve this, it'll be all over the radio that one Commissioner was able to -- 17 July 9, 2002 Vice Chairman Winton: I don't care what it's on. I will defend it to anybody that wants to come to me and bug me about it. I wouldn't have done this if I hadn't have thought through it, and I will defend it to anybody in the public that wants to challenge me on it. Commissioner Sanchez: Well, wouldn't it be fair if you amend your -- if an amendment to yours -- to increase all the Commissioners by 30,000? Vice Chairman Winton: I'm not trying to do anything with anybody else's office; I'm only trying to do something with my office. Commissioner Sanchez: Would you accept an amendment to your -- Vice Chairman Winton: Absolutely. If y'all have a need, I don't have any quarrel about -- Commissioner Sanchez: No. The need is there. I mean, we're not going to -- Listen, the one thing that I don't like to do up here is arguing the facts. I'm wasting my time arguing the facts. We could argue back and forth on the facts, and the fact is that $170,000 -- our budget for our office isn't enough. It just isn't enough, but there are people here that want you to be part-time stupid. That's the bottom line, and they want your staff to be part-time stupid, too. Because if you look at these agendas and the complexity -- not only of the City Commission -- but what I -- where you sit -- the DDA, the CRA, Bayfront Park -- Vice Chairman Winton: International Trade. Commissioner Sanchez: International -- look at all the things and then they have staffed -- International Trade Board, what's your staff number, two people? I mean -- Vice Chairman Winton: Right. Commissioner Sanchez: It finds yourself -- and you end up doing some of that work in your office using your resources to cover those duties in other positions, so I agree with you, but I think if we're going to be fair, if we're going to be fair in this process and you're going to ask for that, I think that it should apply to all the Commissioners. I know that the budget next year is going to be increased. I think the Mayor supports and knows there's a need to increase the budgets for all the Commissioners. I don't know exactly what the amount may be. That's something that we would have to determine in the budget process where this legislative body puts it together, but right now, I would like to amend your budget, that $30,000 be increased to all the districts of the City of Miami. Vice Chairman Winton: Then if they use them, they use them. If they don't, they don't. Commissioner Sanchez: Well, I'd rather you use it because I am -- Vice Chairman Winton: Well -- but we know some Commission offices run different than other Commission offices, and that's why I'm -- I didn't get involved in anybody else. I just know 18 July 9, 2002 how -- what I need to run my office, and I wasn't trying to run anybody else's office, so I have no problem with your amendment whatsoever. Commissioner Sanchez: OK. Do you accept the amendment? Vice Chairman Winton: Absolutely, yes. Commissioner Gonzalez: Second the motion, as amended, and I don't want to repeat what you said. You're right, and the Mayor knows that our offices are underpaid. We get paid whatever it is -- a dollar an hour or 50 cents an hour or whatever. Vice Chairman Winton: It ain't a dollar an hour. Commissioner Gonzalez: On top of that, sometimes less than a dollar an hour. Vice Chairman Winton: It's a lot less than a dollar an hour. Commissioner Gonzalez: On top of that, our staffs, they're making salaries that they could make anywhere else without the headaches and without the complications that these jobs carry, and like you say, it reflects on us. It also reflects on them, on the staff, and it reflects on the administration, because when a citizen calls our offices and they don't get response and they don't get action on time and they don't get the proper service, it reflects on the entire City of Miami, and I don't really see why -- the rest of the City, they make -- everybody makes good salaries. Why does the staff of the City Commissioners have to be sacrificed? I mean, forget about us. I mean, we're elected to become Commissioners. We knew what we were getting into. We knew the salary, what it was, and we ran for the position and we were elected, and we have to live with it, unless the voters decide to change it next November, but our staff, you know, it's unreal. We have people working for $19,000 a year. Commissioner Sanchez: Try $16,000 a year. Commissioner Gonzalez: $16,000 a year, you know, and they have to spend here -- whenever we have Commission meeting, they have to set back there until 10 p.m., 11 p.m., 1 a.m., 1 in the morning. Commissioner Sanchez: 2 in the morning. Commissioner Gonzalez: 2 in the morning. You know, it's ridiculous, so actually, something needs to be done for next fiscal year. Commissioner Sanchez: Mr. City Attorney, would -- I don't think this would require an actuary study. Alejandro Vilarello (City Attorney): Not to increase it. It just requires a budget appropriations ordinance. You would pass a resolution and then they'd have to come back with an appropriations ordinance. 19 July 9, 2002 Vice Chairman Winton: Right. We know the fiscal impact. Carlos Gimenez (City Manager): We have an ordinance that we could probably make the floor amendment on. Yes, we do. We have a mid -year adjustment, so we can make a floor amendment on that particular ordinance, and it should take effect. Vice Chairman Winton: What does that mean, in terms of -- Mr. Vilarello: Pass a motion directing the Manager to allocate those funds, and he'll come back with an appropriations ordinance, which provides for those increases. Vice Chairman Winton: OK. Chairman Regalado: When would he be able to start using the funds? Vice Chairman Winton: Yeah, right. Commissioner Sanchez: It's an ordinance? Mr. Vilarello: It's an emergency ordinance. Would be -- it would take effect immediately. Commissioner Sanchez: Immediately. Vice Chairman Winton: Perfect. Chairman Regalado: OK, we have a motion. Commissioner Gonzalez: And a second. Vice Chairman Winton: An amended motion. Note for the Record: Commissioner Teele entered the meeting at 10:13 a.m. Chairman Regalado: Commissioner Teele, it's -- We have a motion on the floor to direct the City Manager to increase Commissioners' budget mid -year by $30,000. It started with Commissioner -- Vice Chairman Winton requesting the Commission to increase his budgets because of needs in his office, immediate needs, and Commissioner Sanchez amended, asking to increase the budgets of all members of the Commission. That is the -- by $30,000. That is the motion that we have on the floor now. You wish to make a comment? Commissioner Teele: Thank you, Mr. Chairman. Is that annualized? Vice Chairman Winton: No, that's for the remainder of the year, and it's an amount not to exceed -- 20 July 9, 2002 Commissioner Teele: I want to express my gratitude to Commissioner Sanchez, because I think -- as I've said many times before, what we've done in the City of Miami is continuously just shot ourselves in the foot and set ourselves up for all kinds of ridicule and criticism by failing to have appropriate staff and staffing levels to be commensurate with the responsibilities, but at the same time, we take -- we have to accept the responsibility through the glare of the media. A number of the initiatives that are being done, for example, the FEC (Florida East Coast) Corridor Study, something that should have been done 30 years ago, if not 60 years ago, is being done off budget and offline, and that, too, represents, I think, a dangerous, but necessary, predicate. I think what Commissioner Sanchez has recommended, which I fully support, is that all offices be funded annually at the relatively same level, with the exception, I think, of the office of the Chair. That office should have a supplemental budget, not for the District Commissioner, but for the office of the Chair, to carry out certain duties that are consistent with good order. For example, the Chair should issue, with respect, Mr. Chairman, an Order of the Day, which is no more than a sheet of paper that just sort of shows everybody where we are, but I don't think the Chair's staff -- the district staff of the Chairman should be involved in that, and an Order of the Day would do wonders in terms of keeping everybody aware of where we are in time. I just wanted to speak to the very clear proposition. Number one, Commissioner Winton, I think what you're recommending is 100 percent right. It is creating very dangerous precedents of offline consultants, study groups, et cetera, as a way of not hiding, but in some ways, not recognizing the real costs of oversight and the real costs of legislative responsibilities. Anyone who doesn't expend their dollars -- and I've used Harvey Rubin any number of times. Harvey Rubin never expended any more than 60 percent of his budget each year, and those of us who were privileged to serve with him were always borrowing money in the fourth quarter from his budget, which was facilitated through transfers, if he was so inclined to do so, but the fact of the matter is, it's important that the district office budgets be relatively identical; that one office budget not be bigger than the other, with the exception of the Chairman's budget, which should not be a district budget, but should be the office of the Chair's budget. Mr. Manager, I strongly recommend that you all consider that as a part of the next budget cycle, the office of the Chair. This is not about Tomas Regalado. It's about the office of the Chair, so I strongly support what you're suggesting, Commissioner Winton, and it's well overdue. Chairman Regalado: OK, thank you. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-796 A MOTION AUTHORIZING THE CITY MANAGER TO INCREASE EACH COMMISSIONER'S BUDGET BY $30,000, AND SAID INCREASE TO BE INCLUDED AS AMENDMENT TO THIS YEAR'S MID -YEAR APPROPRIATIONS ORDINANCE. 21 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: The Mayor has a proclamation that he wanted to present, and then we'll go on to a time certain, the bonds, and then we'll follow with the Commissioners' items. Where's the Mayor? Commissioner Teele: By the way, Commissioner Winton, in your request, did you specify -- you did not specify, it's primarily just to be used for salary? Vice Chairman Winton: Yes. I'm going to add a person. Commissioner Teele: It would be -- I guess, the Budget Director -- Budget office will meet with each Commissioner to assure -- but I could assure you that 80 percent of this will be in salary, across the board. Vice Chairman Winton: All mine is. Mr. Gimenez: Yes, sir. The Budget office will meet individually and find out what line items you want this loaded into. Commissioner Teele: And indirect -- salary and fringe benefits and all this. Mr. Gimenez: Yes, sir. 7. PROCLAMATION TO FIRE FIGHTER RANDI C. LEWIS, FIRST WOMAN TO RETIRE FROM CITY'S FIRE RESCUE DEPARTMENT, FOR YEARS OF TIRELESS AND EFFICIENT SERVICE TO CITY AND RECOGNITION FOR HER SPECIALIZED WORK AS FIREFIGHTER. Chairman Regalado: Oh, OK. OK. So, Chief. Presentation Made. 22 July 9, 2002 8. AUTHORIZE ISSUANCE OF $160,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY LIMITED AD VALOREM TAX BONDS, SERIES 2002 (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) TO PAY FOR COSTS OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS WITHIN CITY. Chairman Regalado: OK, we have a time certain, bond issue. Where's the Manager? Call him. Item 25, the bond issue. Scott Simpson (Director, Finance): We're here today to get approval for the resolution of the limited ad valorem bond issue. Before we go forward, I need to make one correction in the resolution that's presented to you. In Section 11, there is a mention where it talks about maximum annual debt service, covenant budget five percent. That needs to be changed to 10 percent, based on the quotes we researched on the insurance companies. On Section 11, it's my page 24 -- I think the pagination will be a little bit different. In the resolution you have, it talks about a five percent covenant budget of annual maximum debt service. Vice Chairman Winton: A five percent what? Mr. Simpson: The insurance companies are looking for additional insurance of the bonds that we paid, and in the event that we -- Alejandro Vilarello (City Attorney): Commissioner, if I could, it's just a promise to budget a fixed amount on an annual basis, and it was originally covenanted to be five percent. Now, it's been increased to 10 percent. Mr. Simpson: This would only be applicable in the event that we see a decrease in the assessed value, OK. That's the only change I have on the reso -- I have Albert del Castillo, bond counsel from Squire Sanders, to talk about procedurally what we did to get here. In addition, I have the financial advisor, Craig Dunlap, and the underwriter, Ron Williams, from Morgan Stanley to answer any additional financial questions that might come up. Albert del Castillo: Thank you, Scott. Good morning, Mr. Chairman, members of the Commission. For the record, Albert del Castillo, Squire Sanders and Dempsey, bond counsel to the City of Miami. Just to clarify the one point that Scott just raised, the issue that we had with this particular structure is that since we have a limited millage available for both these bonds, plus the City's full faith and credit GO (General Obligation) bonds, both the bond insurers and the rating agencies requested that we have a backup source of security. That backup source is provided through a covenant to budget and appropriate from the City's legally available non -ad valorem revenues. We started the process by offering up that -- what we call the CB&A, Covenant to Budget and Appropriate, in an amount of five percent of the maximum annual debt service on the limited ad valorem bonds. As Scott has pointed out, in the negotiations with the bond insurer, MBIA, which ended up being the winning bidder, and the rating agencies requested that we increase that backup pledge from five percent of maximum annual debt service to ten percent, so that is the one substantive change that you will see from the resolution that had been previously distributed to the Commission. 23 July 9, 2002 Vice Chairman Winton: And how much money does that represent? Mr. Simpson: Approximately, $2,000,000. Mr. del Castillo: Now, in addition, what I wanted to say in terms of this bond issue, just as the other two issues we have brought before you, the City, in this instance, hired a separate disclosure counsel that assisted in the due diligence, and actually has primary responsibility for the preparation of the offering document -- the official statement that is used to market the bonds to the public. That is a good thing because, as we have talked to you before about, that means that it is your own lawyers, your disclosure counsel that is preparing that document that is then shared with the investing public. A couple of other salient points of the resolution that I wanted to share with you. The resolution authorizes the issuance of not to exceed $160,000,000 of the limited ad valorem tax bonds of the City. It then provides for the negotiated sell to an underwriting group headed by Morgan Stanley, and it delegates the authority to the City Manager to set forth the specific details of the bonds within the parameters set out in the resolution. Those parameters are, again, maximum amount not to exceed 160 million, a true interest cost not to exceed six percent; a purchase price of not less than 99 percent of the bond issue, including underwriting discount, but not including original issue discount, and then a maximum maturity of not to exceed 30 years. That is an overview of the resolution. If you have any questions, I would be glad to answer. Chairman Regalado: Any questions or comments? Commissioner Teele: Is the financial advisor available? Mr. del Castillo: Yes, sir. Right. We have the financial advisor, Craig Dunlap, and we have Ron Williams from Morgan Stanley. Craig Dunlap: Yes, sir. Craig Dunlap with Dunlap & Associates. I did not hear your question, Commissioner Teele. Commissioner Teele: No. I asked if you were available. Mr. Dunlap: Yes, sir, I am. Commissioner Teele: Welcome. Are there any matters in which you and the management have substantial disagreements on or open issues that you all are negotiating through that we should be aware of? Mr. Dunlap: No, sir, none. We've -- as Mr. del Castillo has indicated, we've been in extensive discussions with the rating agencies and the insurers, and all that -- indications from those entities were received yesterday. On a very positive note, Standard & Poor's rated the bonds Triple B+ with a positive outlook for the City of Miami, which is an improvement from what you had when you issued your general obligation refunding bonds -- it was a stable outlook, so I did want to bring that to your attention, as well. 24 July 9, 2002 Commissioner Teele: Was that done in writing yet? Mr. Dunlap: Sir? Commissioner Teele: Was that done in writing? Mr. Dunlap: It will be done as soon as -- we just got these calls yesterday afternoon. Those will be done. Those ratings will be released. I wanted to talk to City staff prior to authorizing the rating agencies to release those ratings, which they would presumably do so this afternoon. Commissioner Teele: Which rating agencies are we having the most cooperation with? Mr. Dunlap: Well, I think all of them are being very cooperative. It just so happened that Standard & Poor's improved your rating from stable to positive. Other than that -- Commissioner Teele: So it was Standard & -- it was Standard & Poor's that -- Mr. Dunlap: Yes, sir. Commissioner Teele: What are the other two rating agencies we're dealing with? Mr. Dunlap: The other two ratings. Moody's came in at B, double A2, and Fitch at Triple B, subject to their review of the language that Mr. del Castillo alluded to regarding the 10 percent covenant to budget and appropriate. Commissioner Teele: Final question, sir. Could you give me your professional analysis or views on where the market is going and where the market is today, in light of, I guess, the President's speech this morning at 10 O'clock, and where the entire Arthur Anderson situation -- What does this mean, not for stocks but for bonds, municipal bonds, in your opinion? Mr. Dunlap: Well, as the -- in my opinion, rates are very low right now, continue to be low for the next few months. Quite honestly, Commissioner, I was surprised the last time we were talking to you about the rate lock issue. We were trying to protect the City and guarantee a certain amount of money in your construction fund in anticipation that rates would be increasing. That was three or four weeks ago that we talked to you about that. That has not been the case. Rates have actually declined. In the latest sizing issue, we think we can get something around 150,000,000 in your project account, but with the uncertainty of the stock market, it's certainly when the stock market trades off, there's a flight to quality; people put their money in bonds, which are tending to lower the yields on bonds. Now, how long that will happen or that'll occur -- what additional news we might get in the future that would have a negative impact on stocks -- would improve bonds, but I can tell you that the yields that we're experiencing now with bonds are very, very low, historically speaking, and it's probably a very good time to be borrowing money on a tax-exempt basis. Commissioner Teele: Thank you for your analysis. 25 July 9, 2002 Chairman Regalado: OK. Do we have a motion? Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded, the resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Thank you very much. Mr. Dunlap: Thank you. 26 July 9, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-797 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING ISSUANCE OF $160,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA LIMITED AD VALOREM TAX BONDS, SERIES 2002 (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) TO PAY FOR THE COSTS OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS WITHIN CITY; PROVIDING THAT SUCH LIMITED AD VALOREM TAX BONDS SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE CITY BUT SHALL BE SPECIAL LIMITED OBLIGATIONS PAYABLE FROM A LIMITED AD VALOREM TAX TO BE LEVIED ANNUALLY ON ALL TAXABLE PROPERTY IN THE CITY, WHICH LIMITED AD VALOREM TAX SHALL BE PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH LIMITED AD VALOREM TAX BONDS; PROVIDING A SECONDARY SOURCE OF PAYMENT FOR SUCH LIMITED AD VALOREM TAX BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; AUTHORIZING TEH NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECITON THEREWITH; 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 TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING .THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; CONVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE RULE 15c2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLORUE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 27 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. 9. ADOPT POLICY RELATING TO ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR PROCESSING OF PURCHASE AND SALE AGREEMENTS RELATED TO PROPERTIES PURCHASED THROUGH LAND ASSEMBLY PHASE OF MODEL CITY HOMEOWNERSHIP PILOT PROJECT. Chairman Regalado: OK. Commissioner Sanchez, your district items, if you have -- Commissioner Sanchez: I don't believe I have any. Chairman Regalado: OK. Commissioner Teele has one time certain for 5 p.m. and another one, if you wish to do the resolution now, Commissioner. Commissioner Teele: Yes, Mr. Chairman. Where is the -- Didn't we roll over an item regarding the -- well, I'll move item -- District 5, Item A, which is environmental assessment requirements. Chairman Regalado: OK. We have a motion. Do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: We have a second. Any discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. July 9, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION 02-798 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS, ADOPTING A POLICY RELATING TO ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR THE PROCESSING OF PURCHASE AND SALE AGREEMENTS RELATED TO PROPERTIES PURCHASED THROUGH THE LAND ASSEMBLY PHASE OF THE MODEL CITY HOMEOWNERSHIP PILOT PROJECT. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, there's an item and I'd like to just ask the Agenda Coordinator, see if they can locate the item related to the -- because I had my book from last week -- the item related to the Model Cities Homeownership Trust, and if the CD (Community Development) staff or -- Chairman Regalado: Which one? Commissioner Teele: Oh, it's not on -- OK. I apologize, I apologize. OK. Chairman Regalado: What did she say, 19? Commissioner Teele: No. We'll take in turn. Thank you, Mr. Chairman. 10. DIRECT MANAGER TO SCHEDULE FOR COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 12, 2002 FINAL RECOMMENDATION BY CITY'S PLANNING DEPARTMENT ON PROCESS TO CHANGE SUBDIVISION (BOUNDARY LOCATION AREA: SOUTHWEST 4TH STREET TO NORTH; SOUTHWEST 7TH STREET TO SOUTH; SOUTHWEST 32ND AVENUE TO WEST; AND SOUTHWEST 30TH AVENUE TO EAST) FROM R-1 TO R-2. Chairman Regalado: I have several items and -- but I have some residents that came here for a discussion item, and then we will have a presentation for the Commission. We, in the office, 29 July 9, 2002 received a request from citizens and residents of a subdivision in District 4 from Southwest 4th Street to the north; Southwest 7th Street to the south; Southwest 32nd Avenue to the west; Southwest 30th Avenue to the east. I have received a long list of signatures from residents. They requested to come here and, of course, as residents of District 4, they are welcome at this meeting. Basically, what they want to do is to start the process -- maybe, Rick, you want to -- Vice Chairman Winton: What item is this again? Chairman Regalado: It's on the blue pages of District 4, Item F, and the reason I'm doing this is because we have all these residents here, so we won't make them wait. We'll do the other ones whenever we have time. Go ahead, sir. Your name and address. Rick Ruiz: Yes. My name is Rick Ruiz. I live at 3150 Southwest 15th Street, and I'm a friend of the neighbors in that area, and they came to me asking me what could they do, based on doing this change, and we went to Commissioner Regalado's office with signatures of over 60 percent of the neighbors within the area and they went and canvassed the area and asked each individual neighbor what they thought of it. They put it also in Spanish and in English, and asked for their response and they turned in that. We have about a few of them here this morning that were able to come (UNINTELLIGIBLE). Most of them do not speak English. I know some of them do. Chairman Regalado: That's OK. We have a translator in case anybody -- Note for the Record: Chairman Regalado addressed audience in Spanish. Mr. Ruiz: So basically, they -- as you can see, most of them are elderly, but there's also a lot of younger ones there, but they just couldn't come to today's meeting because of the time. They've lived in their communities for many, many years and, as you know, that surrounding area is basically land -locked by R-2 and commercial zoning, so for them to have R-2 within this district would probably be reasonable and acceptable with all the parameters that the code requires for their properties, but they feel that this will be something that they would like to have at this time. Chairman Regalado: I have in the office many signatures, but we need Ana to explain to them the process, and maybe you can translate what the Planning Director will say. You want to translate what she says so they can understand? Go ahead. Ana Gelabert (Director, Planning & Zoning): What we will do is that we will take a look at the area with the information that has been given to Commissioner Regalado, and then we'll be back and we will be making our recommendation. If you want, I can also say it in Spanish. Note for the Record: Comments translated by Spanish interpreter, Ondina Suarez. Chairman Regalado: How long would that take? Ms. Suarez: She said it in Spanish, so it's automatic. 30 July 9, 2002 Ms. Gelabert (as translated by Ondina Suarez): It will take for us to do the preliminary review, I would like to request perhaps a month, given the other workload that we have, and Commissioner, what I could also suggest, if you want, the Planning Department could meet with the neighbors or Rick Ruiz and if that will facilitate, that would be up to your direction. Chairman Regalado (as translated by Ondina Suarez): Ask them if anybody wants to go before the Commission and explain why they want this change as property owners and residents of that particular area? Why they want the change. Ms. Gelabert: (Comments in Spanish.) Chairman Regalado: (Comments in Spanish). I know that they are shy, but -- Mr. Ruiz: Ana -- (Comments in Spanish). Ana's the most vocal. Yeah, they're kind of afraid. Ana Hernandez (as translated by Ondina Suarez): Firstly, I want to say thank you for giving us the opportunity to be here. We do want the R-2 because, in that sense, if they want to go ahead and construct further, we can do that. That neighborhood, that area -- let's say that park right there, which is R-1, runs from seven to four and from 30 to 32, and we want to change it to R-2 for that reason. Chairman Regalado (as translated by Ondina Suarez): OK, thank you. So what -- Ana, would you rather meet with them first and then we start the process and then you come back? Let's explain to them what would be the process if this change is done. Ms. Gelabert: (Comments in Spanish). Chairman Regalado: OK, correct. Thank you very much. Thank you for coming. Commissioner Teele: Mr. Chairman, before -- would you make the motion -- perhaps yield and make the motion to request that the matter be brought back on the 12th of September, at a time certain of 10 a.m., that is budget, so hopefully -- probably, we won't, but I think it would be best if -- Chairman Regalado: I will move that this will be brought here by the Planning Department with the final recommendation on the process on September 12. That's at a time certain of 10 a.m. Commissioner Teele: Is there a second? Second by Commissioner Gonzalez. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the same right. 31 July 9, 2002 The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION 02-799 A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE FOR THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 12, 2002 AT A TIME CERTAIN OF 10:00 A.M., THE FINAL RECOMMENDATION BY THE CITY'S PLANNING DEPARTMENT ON THE PROCESS TO CHANGE THE SUBDIVISION (BOUNDARY LOCATION AREA: SOUTHWEST 4TH STREET TO THE NORTH; SOUTHWEST 7TH STREET TO THE SOUTH; SOUTHWEST 32ND AVENUE TO THE WEST; AND SOUTHWEST 30TH AVENUE TO THE EAST) FROM R-1 TO R-2. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Chairman Regalado: Thank you, sir. 11. DIRECT MANAGER TO MEET WITH WATERFRONT ADVISORY BOARD AND 8PM ENTERTAINMENT CONSULTANT, GROUP PROPOSING MEGA CONCERT FOR NEW YEAR'S EVE, AND COME BACK WITH RECOMMENDATIONS ON SAID PROPOSED CONCERT AT COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25TH Chairman Regalado: Thank you, sir. We -- I think that most of the members of the Commission and the Mayor already have met with a group of promoters that came to the City in order to participate on the festivities of December 31st. The City has a committee chaired by the Mayor and Commissioner Sanchez. There is already the Holiday Village in Bayfront Trust. A group of promoters went and met with the Mayor and members of the Commission for this proposed mega concert. They have met, also, with the promoters for the Holiday Village; Mr. Albareda that is here, and they have asked to come to the City Commission and do a presentation for you of what this will be. The reason that they want to do this is that there was an article in the paper that created some comments and it seemed that they were not quoted exactly on what they wanted to do, so this is why they requested this time to come before the Commission. If we can, I think we can dim the lights and why don't you use -- where's the portable mike? Why don't you use the portable mike? Your name and address. 32 July 9, 2002 Patricia Fuller: Sure. Good morning. First of all, my name is Patricia Fuller, and the address is 18418 Northwest, Pembroke Pines, Florida, 33029. OK. Well, first of all, I wanted to extend a special thanks for Mr. Chairman and the Commissioners for giving time of their busy schedules to meet with us. On the project that we're doing is basically -- let's talk a few minutes to introduce ourselves and our expertise and capacities for this project, and also on how it would benefit and fit into the needs of the City of Miami. Let's start -- can you dim the lights a little bit? Well, first of all, the company name is 8PM Entertainment and what we -- founded in 2000, and it's basically getting a lot of expertise. We have 15 years combined of experience and our functionality, basically, is that we go and facilitate all our professionals and experiences and translate it to resulting into a property and giving you the ownership of the project. Our staff and resources are from diverse areas. We have from marketing, friend's sponsorships from event marketing and all the services on promotional that we have. Our objectives is definitely been a high concept and generate revenue and be aligned with your objectives of the project and the company. Our services we have from production capabilities from light, sound, stage, security, catering, basically is from -- take care of the project from A to Z. Talent, obviously, is a very important factor, especially on this project, and sponsorship programs we definitely need and have the capacity and structure and ability to get and definitely win back the very much needed sponsorships for this event. Again, event marketing, promotional advertising -- we are right now at the middle of July, so for this that we're proposing for New Year's Eve, time is a crucial matter, and obviously, here's a reference list that we can give you more definitely detailed. On this project, what we're -- and this is very key -- is to replace the need for the parade, and how we're going to try to do this is offering the mega concert, and for this mega concert is for definitely Miami and how we would represent and how it will bring all the image and definitely revenue that is so much needed for the City. Basically, let me cover the event description. What we're trying to propose here is for New Year's Eve have a stage that will be very unique taking care of the scenery that we have and (UNINTELLIGIBLE) in Miami the whole downtown and have it in the water off or something in alternative that before the ball drops and also offer definitely an entertainment and that we'll rely and with the artist all the image that it also very much needed, concluding with fireworks and celebrating the end of the year. If you look at it, this is somewhat the layout. It is in Bayfront Park. Let me add also that we already met with the other company, Unipro, and we presented the lay out. This does not have any conflict at all with what we need. If you look, observe, in the upper left, it will be -- the stage will be in barges, so it will definitely in the water. I think this will offer a surprise element and uniqueness to it. The stands will be all around if you look in the red, and this is just another aspect so we can have a better view. Also, I don't know if you all noticed, in the orange little squares, also VIP section. All the stands here have a capacity for over 8,000 people. Obviously, there are elements of the transmission and also we're going to notice how we're going to provide screens for people to offer alternative view; expecting, obviously, attending 80,000 people. That was the stage and here are samples of the stands. Here, this is interesting, taking advantage of our downtown Miami area and the buildings we have here, this brings the opportunity to everybody in the streets to also enjoy the concert. Now here, this very important to take advantage of the full day and not just to have a stage for a specific hour, we're proposing that it will be used since noon. I mean, we will have daytime performers that are going to reflect all our diversity from Jazz band, Salsa, Mexican Merengue, R&B, Reggae that would just build up to it and definitely cater to a certain crowd that's going to be during the whole day. Then, at night, we're going to do with the big headliner. Obviously, for a mega concert and for people to come, we need definitely a mega 33 July 9, 2002 star. For the mega star, we're already in July, we need definitely just to book and hopefully get something and hear the proposed we have, you know, from Shakira to Mark Anthony to Jay Lo to Gloria Estefan, all these that definitely will have appeal to both Anglo and Hispanic and, you know, all of our diversity that we have here. Satellite opportunities, this is extremely important here. What would make it attractive and especially for sponsorships is how to expose, not only the image, but also the project, like look what is New Year's Eve doing at the end. What is Miami doing? Let's compare it, you know, with New York and others and, hopefully, build it something good enough that it would just even get better every single year. It can be one carrier. It can be local transmission with a local channel or we could just put it up on the satellite and from them to pick. Those are very doable at this time. At the end, of course, how to finish a great party that with a great bang, so let's do a firework extravaganza on this show, like the 4th of July. Everybody saw the one in New York, and I think Miami deserves a great ending too, so definitely, this will all be the prelude to the Orange drop. Here, we have someone recommending media buy; definitely covered all television, print and radio. You have all the whole details, from starting in July, and here, basically, is the whole organization of our team and what would be done. Yes, it looks very vague, but it's not. Since to -- have you get a sense of what it takes to do this project, we have a timeline since Friday the 27th till New Year's Eve till breakdown, so you know exactly what's going on. And here we go and let's just talk a little bit more about the benefits to the City. Definitely, we need to replace something with an impact for the parade. We need to recover lost sponsorship opportunities. We can do all this with the backing up of the City. There's no problem. We have the capacity. Most important is that this project, the City of Miami will have total ownership. This is not our project. This is going to be a City of Miami project. Enhance the City of Miami's image, definitely. We've always been viewed and questioned in what has been done or not done. This is something -- we're going to celebrate the ending of the year and welcome in the new one. Timeframe again -- and I keep repeating this -- is of essence. Again, we need to do this mega concert in order to attract people for transmission. It's key that we have a mega star; that way we need to have -- you know, start by tomorrow, and obviously, we can achieve all this and more with the City of Miami's backing. Also, we have here budgets that we have. Chairman Regalado: OK. You have met with members of the Commission. Are there any doubts or details that you want to put on the record in terms of what you're trying to accomplish in terms of all communities participating and other issues? Ms. Fuller: Actually, we had a really good feedback on terms and it's just more on the time issue and, of course, how it can be performed. There was concern raised because there's a project doing at Bayfront Park and this is proposed Bayfront Park. We went ahead and met with the other company and they have no conflict at all with what we need to do. It's all in the layout. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, some of my concerns have been addressed. However, there are two concerns that have not been addressed, and of course, the importance of financing this event. The event, itself, I think is something that can be very good, especially for downtown, the City of Miami and, of course, it's our responsibility to put together what I 34 July 9, 2002 consider to be a world-class event. However, the total fixed expense for this project that I'm looking at is $1,700,000. Correct me if I'm wrong. Ms. Fuller: That's correct. Commissioner Sanchez: How do you anticipate on raising this money? I mean, do you expect the City to come up with the $1,700,000? Ms. Fuller: Not at all. This is, definitely again, with various sponsorships with the Letter of Intent from the City Manager. This is a project that I can go to raise any money at all that is required for this in terms of the Letter of Intent saying, OK, the City of Miami is throwing this project. This is a replacement of the parade and, definitely, that's very doable. Commissioner Sanchez: What is that you're asking the City to do? I think that needs to be put into the record here. Ms. Fuller: OK, definitely. Again, in our meeting, also raised an issue of there would be some money up front. If you look at the budget, we have also itemized on the City cost so we can have a very clear picture on that, so what we need from the City of Miami, obviously, is approval and a Letter of Intent and accept that this is a project so that we can go ahead and make this a success. Commissioner Sanchez: But the City cost that you have here, is it for the both projects or is it just for the mega concert? Ms. Fuller: Just for the mega concert, yes. Commissioner Sanchez: Just for the mega concert. The numbers here -- street blocks, City administrative fee, electrician permit, fire fighting unit, what's the total amount that you're asking for the City, City's in-kind, what's the total amount? Manny Mora: Commissioner Sanchez, Manny Mora. Those numbers were provided by Lina Blanco. Those are normally the costs that you use to provide the services for an event of this sort, so those are, basically, fixed costs that you guys need by your regulations in order to provide services and accurate services for that event. Commissioner Sanchez: So you're basically asking the City to pick up $125,000 worth of City costs? Mr. Mora: That's part of it, correct. Commissioner Sanchez: OK. Carlos Gimenez (City Manager): Part of it? 35 July 9, 2002 Mr. Mora: Well, like Patricia mentioned, what we're asking the Commission is basically a Letter of Intent. What we want to do is basically, in order to get the Letter of Intent, we'll get the sponsor. In order to get the sponsor, we get the artist. In order to get the artist, we get the transmission. Commissioner Sanchez: I don't have a problem with supporting, giving you a Letter of Intent, but I do want to make sure that we know what the City is going to have to contribute to this event to make it a reality. Chairman Regalado: Also missing, I think that it is important, Commissioner -- because you are an expert on events on the Bayfront Trust -- these two events will be overlapping the Holiday Village and the mega concert. Commissioner Sanchez: Well, I don't think you want to mix them both. I think that the direction that we provided for them was the avenue to talk with Unipro, and they're here to speak on their behalf, if they would like to. The concern was that we basically had given Unipro the opportunity to do their event there, and then we didn't want two events having a conflict or not working it out, and then through the art of compromising, I believe both have agreed that there isn't a problem. Of course, we want to have a first-class event in downtown Miami, and now the issue here is it all boils down to the money. That's all that it boils down to. I think the concept is good, the mega concert. They're going to bring good entertainment; it's going to be good for the City, but what I want, not only as the Chairman of Bayfront Park, but also as a City Commissioner sitting here -- I guess I'm a little more spoiled because in the past, we've put together decent and very good quality events and I don't think we've ever had to spend so much money. I think the most that we've spent on the 4th of July, at least when I've been the Chairman -- I'm not going to talk about in the past when promoters walked in and at the end of the day, the City ended up paying the services and the promoter made all the profits. That has changed at Bayfront Park. We've been able to put world-class events that I consider to be topnotch events, and I think the City has spent roughly about $26,000 or that ballpark figure. $125,000, I think, is a lot of money. Whether we direct the City Manager to sit down with them -- I know the Letter of Intent is very important for them to start the process. This event, the way that you're marketing and the way you sold it to me, I believe you have the ability to go out there and market and get most of it, if not all of it, by sponsors, because everybody would want to have their name associated with the City of Miami and Bayfront Park and downtown through sponsorship. Although, I could commit myself to, as long as this legislative body supports me, putting together forth a process, acceptable to the City Manager and the City Attorney, reasonable, but I'm telling you, $125,000, to me, is not reasonable. Ms. Fuller: OK. I also want to add something for the record. We do not have any profits on this. This is the City of Miami project. In profit, we only have a strict commission out of the proj ect. Commissioner Sanchez: That's another issue that I really don't think that the City should own this event. The City is not in the business of entertainment. We'll bring you in as a promoter. You do the event. It's your event. We'll give you the opportunity to use our name. We'll help you put on the event, but what happens the day you walk out, you expect staff members and City 36 July 9, 2002 administration to run the event? We can't do that, so it's not reasonable, nor feasible for us to do that. The event itself being through the City of Miami sponsorship, that's fine, but government is not in the business of owning events and promoting events. That's -- I'm not in the field of it. I don't think anybody here is in the field of running events. Maybe we do have -- Ms. Blanco does an excellent job at that. Maybe she would qualify for that, but I don't think that the City is in that business. We would love for you to do the event, do it every year, if it's successful. We'll pay you. We'll put some forth money for City services and that's fine, but the City's not in the business of putting together these events and running them on a year-to-year basis. Chairman Regalado: Well -- but I think, if I may, Time Square on December 31st is a New York City event. It's televised. The only reason that I think we should explore this -- and even if we decide to go forward -- is for the television rights. The only way to substitute the parade would be the Holiday Village, of course, for our local people, but the TV (television) broadcast nationally, locally, and the only way to get that would be a mega concert. There is no other way to do it. Commissioner Sanchez: And I agree with you. Listen, we can do two things here and not -- Chairman Regalado: No, Joe, but you see, we are trying to do for the City of Miami what the City of New York does in Times Square. They do not own the Times Square event; they have a promoter that deals with the TV and transmission and the sponsors, but it is a New York event. It is New Year's Eve in New York, and what your committee is trying to do -- and I think what the Holiday Village is all about is New York Times Square -type with an orange coming down, and on the screen of any network that would want to carry this alternative event but only if we have a mega concert. I don't see any TV involvement if we do not have a mega concert, at all. Vice Chairman Winton: Mr. Chairman, before I ask any questions about the budget, I'm confused. This Commission passed the resolution after the Orange Bowl Committee pulled out of downtown, so they're not going to have the Orange Bowl Parade anymore -- passed a resolution stating that we need to create our own event. Now, I can't -- is one of these two events that we're talking about that's going on at Bayfront Park supposed to be the replacement event or they're both together supposed to be the replacement event or neither one of these the replacement event? Commissioner Sanchez: Johnny, in the concert itself, Robert Parente, who sits on the board that was put together by the Mayor and the Commission -- basically, what we're trying to do here is put together something to substitute the parade. Vice Chairman Winton: Which one? Is one of these -- Commissioner Sanchez: It's a mixture of two or three or four events substitute the parade. Chairman Regalado: Both. Vice Chairman Winton: OK, then good. Then that said, if the City of Miami, if we're going to make a firm commitment to put on a really first-class event that will be attractive to people 37 July 9, 2002 certainly initially all over south Florida and, hopefully, eventually all over the country and parts of the world, then $125,000 isn't very much money, and presumably, the promoters can figure out, at some point, how they can turn this into a money -making venture, but $125,000 in the first year of kicking this thing off is not a lot of money if you're trying to replace something like the Orange Bowl Parade. Chairman Regalado: It's less than we usually give the Orange Bowl Committee for the parade. How much is --- Mr. Gimenez: I just checked on it. We give about $100,000 worth of in-kind services to the Orange Bowl Parade, so this is not much more than what we were currently expending on that Orange Bowl Parade to begin with. Commissioner Sanchez: Can we listen from Parente, who had been sitting on these meetings, and the concept itself of what they want to accomplish? I mean, we have to listen. If we're going to put these committees together, we've got to listen to him. Robert Parente: Thank you, Commissioner. Robert Parente, serving as the committee chair for the Ad Hoc Committee on New Year's Eve events. Each of you Commissioners made appointments to this committee. We have been meeting diligently. With all due respect to 8PM Entertainment, when I met with them, on behalf of my Commissioner, I did tell them that I thought that the process should be before they came to this body to come to the committee. You created the committee so that we could answer many of the questions that you are asking here today. To set the record straight, so that you know, Unipro was already in negotiations with Bayfront Park Management Trust before this committee you formed was brought together, so they were separately meeting with Bayfront Park as a for-profit corporation and making a deal with the park that we had nothing to do with. We subsequently started working with them just so we knew what their plans were, but they already had a contract set in stone with the Bayfront Park Trust; everything done perfectly for the event starting right after Thanksgiving and going to the 5th of January, so our committee was faced with that as a defacto piece of business. We have nothing to say about it. It was in place. The City sent me to Pittsburgh to attend the First Night conference and that is a wonderful event and something I think that we're going to be able to convince you, the legislative body of the City, to do in years to come, but it is not something that you can pour water on, stir, and it is done. It is a major undertaking and we made the decision that we're really going to try to do that for next New Year, not the one coming up. Part of the reason is, Flagler Street is also going to be under some construction, and question about what condition Flagler Street would be in for this coming year was another concern, so we really made a say; hey, we're going to do this. The Orange Bowl Parade didn't evolve into the kind of event it was overnight; it had a 60 -plus year track record. We're not going to try to reinvent the wheel and do something half-baked overnight either, so our committee is very interested in going forward with the First Night concept on Flagler. I don't want to give you those details now because it's not necessary. Meanwhile, along comes 8PM, wonderful, nice CD (compact disc). I watched it. It's fantastic. I've been in the special events business for twenty -some odd years. I was impressed, however, A, our committee is still deliberating about things we can do this year to suggest what we might be doing in years to come and, technically, they should come before that committee. We should hash it out with them. The way it was originally proposed was that 38 July 9, 2002 the City was going to be the ones paying for this and they wanted to be hired to provide the services. I think they got the message along the line, the City doesn't have the couple million dollars lying around to hire people and if we did, I think City process -- Mr. Manager, correct me if I'm wrong -- would be in RFPs (Request for Proposals) and we'd have to go to RFQs (Request for Qualifications), and we have to go out and get other people to bid and do all those kinds of things, so where we are today, and we know it's late, it's July, is 8PM wants to do something, Tim Schmand, from the Bayfront Park Trust, can tell you better about infrastructure and rubbing together these two events. They want to do something that does come very tight to the Unipro thing and that's contractual things that are beyond our committee's purview. I will tell you this, the amphitheatre's open. Whoever wants to use it for an event, it's there. No one -- anyone with a thousand dollar bill in their pocket, that wants to put a deposit on it tonight, do it because it's available and you can put a concert in there. It only seats 8,000 people, so you talk -- the word "mega" has been bandied about here. Usually, mega concerts and things like that don't go into 8 to 10,000 seat venues, so we have to talk about this. Chairman Regalado: Excuse me, Robert. The mega concert concept is about television. It's not about seats. Mr. Parente: Seats in the thing --- Fantastic. You have another body, another organization, Commissioner, that you all made appointments to that's just getting rolling now and that's the Arts and Entertainment Council. Fantastic group of people -- Vice Chairman Winton: That doesn't have anything to do with this. Mr. Parente: Well, Commissioner, I'm just suggesting that perhaps they can be involved, too, and planning and deciding what you want to do in years to come. Whether or not these people fit in and it works, I think you have to be careful in this sense, that you have a committee; you have people that you appointed -- your appointee, Commissioner Winton, is excellent, very thoughtful gentleman. I think we could sort through the details of this, find out exactly what it is they want from the City in terms of costs, who they can line up, what sponsors they can bring, and let us report back to you as you asked us to do. Chairman Regalado: If I may, I think this committee is important and I think that, you know, I know that you know, but the problem that I have is -- it's similar to the problem that Vice Chairman Winton has, is that this Commission made a public commitment that we were going to do something to substitute the Orange Bowl Parade. As of now, the only thing that we have is the Holiday Village, which is great. They did -- these people got to be good because after September 11, they did the haunted house and they broke even, so -- I mean, when no one, no one was out in the streets. The next day opened the haunted house in Bicentennial, so they know what they are doing. I know that they know what they are doing. The Holiday Village is going to be great because it's going to be the place for the residents of Miami to go, and we are going to be able to bring kids from the different City parks, and we are going to have fun, but we need a component to -- in the perception of the public, to not fail in the commitment that we made, which is to do something to substitute. Next year, it's fine, it's great, and I think that you -- that committee has the capability, because there are people that are experts in that committee, and if 39 July 9, 2002 you all sit together, you can bring the world to downtown Miami, but my problem is that it's not this year; it's next year. Mr. Parente: No. We're working on stuff for this year. Commissioner, we'll do whatever you ask of us. We are here to serve you. Chairman Regalado: No, but what I think is that we should try because, after all, the only purpose of the mega concert is to bring TV rights to downtown Miami, and by doing that, we have the environment, and the environment is the Holiday Village, which a TV shot from 50 feet, will get the Bay, the lights, the biggest Christmas Trees. They way I see it, the biggest Christmas Trees in the State of Florida lit on that night, fireworks and -- but you need a component and the component is a mega concert. You need to have one of two major figures to bring the attraction. The way I would like to is several hours, where all the communities in South Florida will be able to participate and bring people. We have here so many good stars from Gloria to what's the lady that lives in -- Ms. Fuller: There's a lot local that will also say --- Chairman Regalado: And that's my thing. My thing is that we have a venue. We have the possibility of several hours of entertainment and if you all get the sponsors -- look, for me, it's a good deal, but that's just me, so that's what I think. I think that we should try, I really do, and we should fine-tune the details. Yes, sir? Commissioner Gonzalez: Well, first of all, I understand that, from what I heard, that this event will not be in conflict with the other event because, actually, this event will be presented December 31st, right? Ms. Fuller: That's correct, exactly. This is just one day. Commissioner Gonzalez: One day. One show? So there, we're not going to have any problems. I also -- at the beginning, I heard that there could have been some conflict due to the space, that maybe you require to use some of the same space that the other groups are using. Now I hear that there is no conflict on the spacing. Ms. Fuller: That's also correct. Commissioner Gonzalez: But one thing that I -- is this event going to be free admission for --- Ms. Fuller: Yes, sir. Commissioner Gonzalez: All right. Another concern that I have -- and I haven't been in show business, but I could say that I have some experience, due to the fact that I own certain nightclubs and I know a little bit about show business and all of that. The talent, we need to make sure that the talent -- first of all, you need to have good talent in order to attract people. You can go with local unknown talent in order to bring a crowd in, so you're going to need superstars at least one -- 40 July 9, 2002 Ms. Fuller: That's correct. That's why the budget. I mean, we have just a $1,000,000 destined to the mega star. Commissioner Gonzalez: In addition to that, due to the composition of the ethnic groups that we have in this community, this is not only Hispanics; it's not only Afro-Americans, not only Anglo. We have a composition of the three ethnic groups. One thing that I would like to see is that there is a balance on the show on the talents that we bring to the show, so it will be appealing to the entire community, to everyone. Ms. Fuller: Commissioner Gonzalez, on the project, that was definitely one of the concerns, to see our multi diverse community. That's why we're using the stage from noon till -- you know, till the mega concert because from that period, you will have from noon till 10:30 at night diverse that will address and appeal to every different community group. Chairman Regalado: Yes, sir. Commissioner Teele. Commissioner Teele: Mr. Chairman, it's 11:20 and we have a way of getting bogged into these matters in the morning and then, in the evening, as we deal with our legislative votes, we're always rushed and hurried, and I'd like to make three observations. First to Commissioner Gonzalez, let me express my appreciation to you, on behalf of the district that I represent in the City. I think, for some reason, this has been characterized in the media as an Hispanic event, and that, I think, was not the Mayor's intent, nor is it the intent of the promoter that is before us today, but I think I need to reassure the public and the voters that I represent -- and I'm very encouraged, Commissioner Gonzalez, that you made the statement -- that I would not vote or support something that is not an American event, that is inclusive of our very diverse population, not only in what we say but what we do. I'd like to go to the point that Commissioner Sanchez made and that is -- and expand it just a minute. The Mayor, I thought, was undertaking the leadership in doing some of this. I realize that we appointed a committee. I also see that the proposal that was submitted to us today was submitted to the Mayor, and I think that before we, as a legislative body, start talking about letters of intent or anything like that -- and by the way, a mere Letter of Intent, if it's not properly drafted with releases of liability et cetera, could be an absolute nightmare and quagmire when you're trying to get an event like this off the ground. If it takes an hour to dig a hole, how long does it take to dig half a hole? You can get half -way through this thing and somewhere in November, you realize that all of the pieces don't come together and so, Mr. Attorney, whatever Letter of Intent is done, I want to make sure that we don't wind up with half a hole because the answer to the riddle, of course, is you can't dig half a hole, but you can dig half of a problem here, but I think the most important thing that has been said, in the three minutes that I've had on this issue, is that this is something that really needs to go before a committee. It needs to have a professional staff with our Conventions and Marinas Director and, candidly, it's the kind of thing that we set up MSEA (Miami Sports and Exhibition Authority) to be involved with, as well as the Bayfront Trust and the DDA (Downtown Development Authority), and I think it's very premature, notwithstanding the timeline, to be before us. Most importantly, we appointed a committee -- we have Commissioner Sanchez, who, I assume, is chairing that committee, and he's asked that the matter be submitted to the committee. He said twice it should not be before us until it goes before the committee, and I'm 41 July 9, 2002 in total agreement with Commissioner Sanchez on one point. Don't appoint committees if we are going to take the -- usurp and take over what it is that we appointed the committee for. Let's just tell the committee "thank you" and send them home, but it doesn't make sense to waste citizens', taxpayers' time and saying that we're going to -- that doesn't mean we're going to rubber stamp their decisions, but it certainly means that we should carefully consider their decisions and that's sort of the mode that I'm in. We need to move this item off of our agenda as quickly as possible, getting into a process where it could be reviewed and vetted. I happen to think that an event like this is going to take a considerable amount of preparation and time and I don't think that we failed in our intent to replace, which was my vote to replace the Orange Bowl Parade with something significant, if we take our time and plan something. One of the unique nuances of the Orange Bowl Parade is that it was the largest day of public transit. It is the largest day of public transit in Dade County. More people that ride the Metrorail -- Vice Chairman Winton: Was. Commissioner Teele: It was. That was one of the things that we ought to factor in. Commissioner Sanchez: It could still be. Commissioner Teele: And properly, I yield to the Chairman of the committee. He's says it can be done, but let me just say this. When I look very quickly at the advertising, you did not indicate that you would advertise in the Miami Times. You did not indicate one African American newspaper. I look at those kinds of things because to me, that is a statement as to what the real intent of inclusion is. I'm not -- I just want to say that I think any event that we do should embrace this entire community and not just the words and not just the acts to say we had one up there, but in the manner that it is presented -- and I'm not directing this at your presentation or your program. I'm simply directing this to the unfortunate currency that's in the community that I represent, that this event was going to be limited to one aspect of the community and I think that's most unfortunate that that kind of -- and that was certainly not the Mayor's intent, knowing the Mayor and understanding the Mayor the way that I do -- I think that was an unfair characterization, an unfortunate characterization that was done. Finally, I got one vote, but I serve notice that as many times -- and I keep saying this -- I will not be voting to raise taxes, so I have voted for five years to raise taxes. I have voted to go beyond the rollback rate. Anything above the rollback rate is raising taxes, OK, just so we all understand, and while everybody is all in favor of spending money and spending money and I sat here and I don't take potshots at my colleagues in the press or -- nor in my source or all of that kind of stuff, because I know, in the long term, what that does is that really destroys the collegiality of a governing body and, more importantly, it destroys the credibility of the governing body, but I will say this, so that it's very clear and in the open, I think we need to look at how we construct the budget and the kinds of events that we're going to be looking at, beginning October 1, totally different from the way we looked at them prior to, because I will not be supporting -- I see the direction, and I see a very ugly trend that's developing, and it's the old Miami is back in rare form and I'm just serving notice right here, right now I'm not going to fund it, and I'm not going to fund activities that start out with this notion that they may not be inclusive. I have no problems supporting the police and fire in-kind. I think that we constructed this budget wrong from the very beginning, ever since I've been here anything, that we do for the good of the citizens is viewed as a gift and 42 July 9, 2002 everything that we do for the criminals is viewed as law enforcement, and my view of law enforcement -- and by the way, Mr. Sergeant at Arms, I saw the chief at some point before noon -- some point before the chairman leaves, I'd like to just see him for a moment -- but my view of law enforcement is that law enforcement should be for the whole community, the law abiding, the people that do events and parades and concerts, and I think, if 9/11 didn't show us anything -- Commissioner Winton, and I know you've been the main person objecting to, but your district is more affected by events than any other district because that's where the hotels were, and the most profound statement was made by a bellman at the Hyatt. I don't know. That's what the Herald characterized him as being, that those clowns that are there at City Hall have run away another event, and I think that's the Latin Grammy's or something and that was -- see, but that's the point, Johnny, it's all of us, and these innuendos -- Vice Chairman Winton: We didn't even have a Commission meeting, if you remember. Commissioner Teele: I understand, but Johnny, the public -- Vice Chairman Winton: The pubic had gone before we had react --- Commissioner Teele: But Johnny, we stand in the shoes and we have to take the responsibility for what happened and what happened was most unfortunate. We need every hotel room we can get. We need every taxi cab to get as many fares as they can get. This City is a tourist and a festival city, and in that regard, I don't think that the chief is wrong. I think we're wrong in the way we constructed the budget, so I have no objections at all to in-kind support and I'd like to work very hard with the Mayor and the Manager and the budget people in terms of how we can construct our budget going forward to put aside 5 percent, 10 percent of the City budget of police budget and fire budget for good guys, for the good people because we spend the whole budget for the bad guys and there has got to be a more balanced approach to law enforcement. Mr. Chairman, with your permission, chief, I wanted to -- because I don't want these comments to be taken -- everybody had a way of taking things personal and you've never been that way, but I just wanted to let you know that my comments about the police budget being constructed in such a way, structurally, that we put into your budget -- your budget is about what? Fully loaded, it's about what, about $160, 000,000? Chief Frank Martinez: The operational budget is about $88,000,000. The fully loaded budget is Mr. Gimenez: Fully, it's about two -- one forty and a hundred fifty. Commissioner Teele: And I believe that somewhere around five to ten percent of that should be earmarked for events and activities where police activities are there. I mean, we put all our money in stings, reverse stings, prostitution and that's a part of it, but a part of what the City of Miami should be doing, Chief, is doing the kinds of things that we're talking about here now, that are agreed upon by the Manager and the Mayor and the City Commission. I don't mean that you all ought to start your own "Do the Right Thing" or, you know, some program now, that's not at all what I'm suggesting, but I'm suggesting that those activities that are endorsed by the City that come here regularly, whether it be the Haiti Independence Day or Bay of Pigs 43 July 9, 2002 Celebration, OK, Martin Luther, those things that are part of our culture should be budgeted. Mr. Mayor, Mr. Manager, I will ask that you be here because, Chief, I have not had a way to communicate my concern for you and your family and I'm very pleased to see that you are here today, and I just wanted the public to see you here because our community is very concerned. I know that you've had some time off, well deserved time off, to take care of personal matters and I'm very supportive to what you've done and what you're doing, and I hope that you'll be up and about and moving around a lot more. May God bless you. Chief Martinez: Thank you, Commissioner. Appreciate it. Commissioner Sanchez: Mr. Chairman, if I could just put a closing to this. I'm prepared at this time to make a motion to have 8PM Entertainment consultant meet with the committee and the City Manager to come back -- to have the City Manager bring back some recommendations by the 25th, and let me -- and when you -- just look -- next meeting, which is the next meeting, and just looking at the City cost, and that was one of my concerns, $125,000 just alone in police; 320 police officers, 27 -- Lina Blanco: Excuse me. Lina Blanco, Special Events Coordinator. For the record, I just want to state that the figures that they gave you, they got themselves. They have not met with City staff, but I gave them -- it's just a basic sheet that says $23 per officer, per hour, but they have not -- Commissioner Sanchez: You're making my point. These numbers aren't realistic. If you can come back with recommendations. I think we all agree on the concept itself, that we want the concert -- the mega concert to be there. Just come back with reasonable numbers that are acceptable to this Commission and we'll vote on it, but it's very important to sit down with the committee. That's what they were sent forth -- established to do, and come back with recommendations that we can vote on this issue. I mean, we can debate this back and forth. Now, there is one other key issue that I want to bring out. Would your plan deviate -- would we have to deviate from any construction of the park? Would we have to remove any trees or make any changes to the park? Ms. Fuller: That's correct, we have to remove some palms. Commissioner Sanchez: Well, some palms. Is it one, fifty, a hundred? Ms. Fuller: Fifty-six exactly. Commissioner Sanchez: Fifty-six palms? Who's going to pay for that? Vice Chairman Winton: There's another whole issue there. Ms. Fuller: It's already in the budget. Commissioner Sanchez: That's another whole issue. Fifty-six palms. You can't work around these palm trees? 44 July 9, 2002 Ms. Fuller: Well, yes, we have other alternatives. We're already had two plans. Ideally, what we wanted to do is put the stands. If we can't put the stands, we'll just provide seating. Vice Chairman Winton: No, you're not going to -- Commissioner Sanchez: Let me just tell you something. Can you spare me the attack that I'm going to get as Chairman from Bayfront Park removing trees? I mean, we've done it in the past and we had to do it, which I wasn't very thrilled, but I will not do it again, to remove palm trees, so please try to work out where you don't have to remove any trees or make any modification to the park. The deal is that we're going to have events in the park and everybody who's going to come in and make modifications to the park, we might as well just tear up the park and turn it into a stadium -- Vice Chairman Winton: A sandpit. Chairman Regalado: Well, if I may -- Commissioner Sanchez: My motion stands as it is. Chairman Regalado: Definitely, the issue on the palm trees is out. I mean, you have to work around or on top or whatever. Ms. Fuller: That was simply an alternative. Chairman Regalado: I mean -- because, you know, I think that Commissioner Sanchez motion is the right one that you -- so -- Vice Chairman Winton: I'll second the motion, and there's one final point that I think is absolutely crucial here, and that is that the committee and the Manager and whatever staff that the Manager needs to bring to the table, this thing is going to have to fly at warp speed to get it pulled off because it's already very late. Chairman Regalado: On the 25tH Vice Chairman Winton: But my point here is that the total cost here is what, $2,000,000? Chairman Regalado: No, no, but that's what the sponsors -- Johnny -- Ms. Fuller: Yeah, but in order to get the sponsors -- Vice Chairman Winton: Hold on. You have to spend the money up front. Chairman Regalado: Oh, I understand that. 45 July 9, 2002 Vice Chairman Winton: And so the issue that we have to make sure that we understand clearly is what the upfront exposure to the City is going to be, period, and secondly, what's the downside risk to the City if this thing flops and we need to understand that because there isn't somebody else out there. That's going to -- well, it's still $2,000,000, so we just need to make sure that we understand how those contingencies are going to be dealt with as a part of the presentation that comes back. Ms. Blanco: I would also like to address Commissioner Teele's couple of concerns. Our directions were from the Mayor's office and, yes, when we did find it on the process about the committee, we met with the committee. Basically, on terms -- if it is going to be a timeframe to (UNINTELLIGIBLE) 90 days is what we estimate on that. Again, this is July 9th. It's only six months in order to get the two million, especially the TV to attract because the sponsors are going to be definitely tied in -- Chairman Regalado: Excuse me. The motion of Commissioner Sanchez, which is the presiding officer appointed by the Commission, to the committee is before the 25th you have to meet with the committee and the committee has to be available. I'm sure that they will because they are amicable to any ideas, and then the Manager to fine tune the cost, and on the 25th, we will make a decision here, and by the 25th, in the afternoon, you will know exactly what is the will of the City Commission and, of course, the City of Miami, and on the 25th, too, the Manager will also give us an idea of the Holiday Village, because they had also some numbers that were not correct and the Manager decided that they were going to fine tune those numbers, so that day, we will have both things, and if this Commission decides on whatever issues we have here before us on this matter July the 25th, in the afternoon, you will be able to start working immediately, and I think it's enough time in terms of -- we do need, Mr. City Attorney, your input on what Commissioner Winton has requested. We need to have that before the 25th and for that the City Attorney's Office should also communicate with you, so we have plenty to do, so we have a motion -- Mr. Parente: Commissioner, just for the record, I have already penciled you in on our next agenda July 17th, 8 a.m., Commissioner Sanchez's conference room, members of the Manager's staff are already on our committee, so we will be happy to have you come before us then. Ms Fuller: Thank you. Chairman Regalado: Thank you very much. All in favor, say, "aye" on this project. The Commission (Collectively): Aye. Chairman Regalado: It passes. 46 July 9, 2002 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION 02-800 A MOTION DIRECTING THE CITY MANAGER TO MEET WITH THE WATERFRONT ADVISORY BOARD AND 8PM ENTERTAINMENT CONSULTANT, THE GROUP PROPOSING THE MEGA CONCERT FOR NEW YEAR'S EVE, AND COME BACK WITH RECOMMENDATIONS ON SAID PROPOSED CONCERT AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR THE JULY 25TH MEETING; FURTHER DIRECTING THE MANAGER TO FINE TUNE THE BUDGET FOR SAID EVENT. 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. 12. DEFER PROPOSED CHANGE OF CONTROL OF CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE -COMMUNICATIONS INC. FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002. (See #19). Chairman Regalado: I have to do some pocket items, but I'll do it, Mr. Vice Chairman, in the afternoon. I want to mention Item 5 and 5A have been deferred. These are the AT&T (American Telephone & Telegraph) items, deferred to July 25th, which brings me to a question that I have to ask members of the Commission. I checked the draft agenda for the 25th of July. The Manager tried to move some of the items to the consent agenda, but we could not do it. There are 12 or 14 items that need to be discussed. There is a time certain for a public hearing on Miami One Project at 10 a.m. in the morning, which is unusual for a PZ (Planning & Zoning) item, but we need to do it. There are several other PZ and public hearings. My question to you, would you want to call for a special Commission meeting on July 26th at 2 p.m. in case we need to finalize before the August break all the items that we have in the agenda? If we don't do this, I mean we may finish everything and we may not need the special meeting, but if we don't finish with everything, you know, not that we can't be here until 4 a.m. in the morning, but the problem is that the administration has a lot of items. We keep sending items back to us on the 25th. I would ask you to consider to call for a special meeting to follow up. 47 July 9, 2002 Commissioner Gonzalez: What date? Chairman Regalado: The 26tH Commissioner Teele: Mr. Chairman, before we do that, can we look at our schedules and coordinate this? Mr. Attorney, I'm opposed to a special meeting because a special meeting is a different thing. What we would need, it would be to designate another day as a continuation of the same meeting, but to call a special meeting as a -- Chairman Regalado: Arthur, it wasn't -- Arthur, it was just to finish the agenda. I saw the draft agenda and it's big. Commissioner Teele: I think the thing we should look at is, would we prefer to come in on Friday, the 26th, or Monday -- Chairman Regalado: The Manager is not going to be here on Monday, and you have to understand, we need to vacate this room because they're going to start working at the end of July on this room. First the lights, then the dais -- Commissioner Teele: Mr. Chairman, if we could just -- I think we ought to consider our schedules. I mean, what you seem to be suggesting is that the 26th is the only day that's available. Chairman Regalado: No. Commissioner Teele: If the Manager is not going to be here, we certainly don't want to schedule when he's not here. Carlos Gimenez (City Manager): I plan to be on vacation as soon as the final Commission meeting on -- Vice Chairman Winton: So we can look at our schedules and make this decision as soon as lunch break over. Chairman Regalado: OK. So, Mr. Vice Chair, can you chair when you want to come back? Three o'clock? Vice Chairman Winton: 3 o'clock, fine. Alejandro Vilarello (City Attorney): Mr. Chairman, just quickly on the AT&T matter, the extension has to be considered by the City Commission accepted and deferred to the meeting of the 25th Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: It's been moved and second. All in favor, say "aye." W. July 9, 2002 The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION 02-801 A MOTION TO DEFER PROPOSED CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE -COMMUNICATIONS INC. (THE "LICENSEE") FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 13. BRIEF COMMENTS BY COMMISSIONER TEELE REGARDING PRESENTATION AND ORDER TO AGENDA ITEMS. Vice Chairman Winton: What item are we on? Did we do -- Carlos Gimenez (City Manager): You can go to Item Number 4. Chairman Regalado: We did all the blue pages. We did Item 2, so you need to do -- Item 3 has been pulled, I think. Mr. Gimenez: Yes, sir, Item 3 has been pulled. Commissioner Teele: Mr. Chairman, before you leave, I really think there's something we should consider over the next meeting and over August. We've got to be a little more efficient with the way we bring the public in here on matters of the public, with all due respect to lobbyists, to vendors. I mean, we routinely put these kinds of projects, which went over an hour, ahead of people that are here for public appearances. We need to make an absolute commitment that public appearances, which are limited to two to three minutes, that are advertised and taken up before the noon break, because otherwise what we do is that we bring people in here at 10 o'clock, 9 o'clock for a two -minute item, a public appearance item -- and public appearance, in 49 July 9, 2002 my way, is really a part of our constitutional framework for being able to petition government for their absolute right to be heard, and I don't know, but I'm all for it, and I made the motion that blue page items should come ahead of the regular agenda, but I don't think it should come before public appearance, because I really do think we have a contract that goes all the way back to the Declaration of Independence, which gives the public the right to petition their government and putting them off and moving them around during the course of the day is extremely, I think, discourteous; particularly when the matters that we take up are always matters or something that are contractual matters where somebody's asking us for something that's in their best interest, so I would ask that the Vice Chairman -- the Chairman, I guess, is gone to do what he has to do, and I certainly don't -- Vice Chairman Winton: And if there's someone -- I don't know who all the public appearances are, but if there's someone that you recognize here that is a public appearance, let's do them, because I agree with you 100 percent. I hate --- Commissioner Teele: I'd like to take up any public appearance item, Mr. Chairman, of people that are here that were on the schedule to be taken up before noon, and I think, Mr. Attorney, that we need do a resolution. Note for the Record: Chairman Regalado left at 11:48 a.m. Vice Chairman Winton: So, let's go. It's 11:50. Let's move it. Mr. Gimenez: Commissioner, if it's the wish of the Commission, we could certainly put the public appearances portion of the agenda before the blue pages or actually even before consent agenda. Vice Chairman Winton: To make a perfect case in point, you all can debate this later. If you want to get to the people that are here right now, let's get to them, and we can debate what we're going to do about them after -- we're holding them up further, so if there are people from the public, Item Number 10. Thank you. 14. DISCUSSION RE COMMISSION ON STATUS OF WOMEN Commissioner Teele: Item Number 10 is not here. Number 11, Mr. Chairman. Where is 10? Vice Chairman Winton: So are we on 10 or 11? Commissioner Teele: On 11. Carlos Gimenez (City Manager): You can go to 11. That's a public appearance. We can come back to that later. Vice Chairman Winton: OK, so 11, and there's a couple of parts to 11, as I understand, and we want to defer 11 for the next meeting. 50 July 9, 2002 Commissioner Teele: No. Allison Warren: Only one part of it. Vice Chairman Winton: Yeah. The part on -- Ms. Warren: Only one part of it. We're going to do two, right. We're going to do the ERA (Equal Rights Amendment) -- Commissioner Teele: Your name and address for the record. Ms. Warren: I'm sorry. Allison Warren, 650 Northeast 82nd Terrace, Miami, with the Commission on the Status of Women. With me are Karen Cartwright, Pauline Ramos and Connie Johnson. We've come in front of you this morning to ask you if you would consider the resolutions that we have passed out to you, that you have in your packages, the first of which is urging Florida Government to ratify the Equal Rights Amendment. It's been pending for many, many, many, many years. We do have a chance of having a female Governor soon, whatever the percentage on that may be, but it would be nice if Florida was one of the States that finally ratified this. The second one that we would ask you to consider today is renewing a resolution that we put in front of you in the year 2000, which is supporting the United Nations Convention on the elimination of all forms of discrimination against women. This is coming up for a vote this year, I believe, before the end of the year, and this was your resolution Number 00-917, from October of 2000, which you all have a copy of. Vice Chairman Winton: Allison, we need to deal with these one at a time, so if you -- Ms. Warren: I'm sorry. Vice Chairman Winton: Which is the one that you want done first? Ms. Warren: ERA. That is a draft resolution, which is in your package. Vice Chairman Winton: So we have a draft resolution in our package. Commissioner Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second on the draft resolution on supporting the Equal Rights Amendment in the State of Florida. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. 51 July 9, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-802 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE STATE OF Florida TO RATIFY THE EQUAL RIGHTS AMENDMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE STATE OF FLORIDA. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Vice Chairman Winton: Next issue. Ms. Warren: Thank you. That would be the resolution on the United Nations Convention Eliminating Discrimination Against Women Internationally. Commissioner Teele: I so move that. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second. Is there any further discussion on that resolution? Commissioner Teele: Mr. Chairman, I think what has happened in Afghanistan or Pakistan is a travesty. I think that we should ask you all to come back to us with a separate resolution for the 25th, to be submitted either as a pocket item or a consent item regarding what has happened to women with the gang rape of -- I think it's a travesty, and it should be a companion to this. Ms. Warren: And one of the things that we're considering for our program coming up in the fall is the issue of children in warfare situations, the children who are kidnapped and -- Vice Chairman Winton: OK, so -- Ms. Warren: But that's a separate issue, also. 52 July 9, 2002 Vice Chairman Winton: There is a request to bring a specific resolution back on that specific item for the 25th, so I trust that you will do that. Ms. Warren: We will do that, and -- Commissioner Teele: Call the question. Vice Chairman Winton: And that's the motion to bring it back. Commissioner Teele: No. That was just discussion. The motion is on supporting of this worldwide ERA, I mean -- Ms. Warren: The convention against -- Commissioner Teele: The convention, the international convention. Vice Chairman Winton: OK. Commissioner Teele: But I mentioned that under the discussion, as a request for them, to bring back a specific resolution condemning -- Vice Chairman Winton: Got it. OK, so we have a motion and a second. Further discussion? Commissioner Sanchez: Second. Vice Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-803 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) RESTATING ITS SUPPORT FOR THE UNITED NATIONS' CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN AS STATED IN RESOLUTION NO. 00-917, ADOPTED OCTOBER 26, 2000, URGING THE UNITED STATES CONGRESS TO IMMEDIATELY RATIFY SAID CONVENTION; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 53 July 9, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Vice Chairman Winton: And you want to defer the issue on the human rights ordinance in Dade County to the 25tH Ms. Warren: Correct. That way, we can take both of these up at the same time. Vice Chairman Winton: So move to defer that item. Commissioner Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Winton: So we've got a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. 54 July 9, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-804 A MOTION DEFERRING A PROPOSED RESOLUTION SUPPORTING MIAMI-DADE COUNTY'S HUMAN RIGHTS ORDINANCE, WHICH PROHIBITS DISCRIMINATION BASED ON SEXUAL ORIENTATION IN HOUSING, CREDIT AND FINANCE, PUBLIC ACCOMMODATIONS AND EMPLOYMENT TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 25, 2002. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Ms. Warren: Thank you, gentlemen. Commissioner Teele: Mr. Chairman, I would like that the other members of the Status Committee be introduced, at least, just to say their name and address for the record. Connie Johnson: Connie Johnson, 1499 Northwest 32nd Street, Miami, Florida. Vice Chairman Winton: Welcome. Ms. Johnson: Vice Chair. Commissioner Sanchez: Thank you. Pauline Ramos: Pauline Ramos, from Allapattah. Hi. 17th Avenue. Vice Chairman Winton: Welcome. Karen Cartwright: Karen Cartwright, 1770 Northwest 5th Avenue, and my Commissioner is Teele. Vice Chairman Winton: Welcome, Karen. Ms. Warren: Thank you very much, gentlemen. 55 July 9, 2002 Vice Chairman Winton: That's it. Thank you all. Commissioner Teele: And we'd like to apologize for the delay. 15. DIRECT MANAGER TO PROVIDE NEW OVERTOWN NET ADMINISTRATOR WITH CLEAR MISSION STATEMENT, INCLUDING ROLE AND FUNCTION OF OVERTOWN NET OFFICE. Vice Chairman Winton: Number 10. Commissioner Teele: The next one will be 10, Mr. Mason, the NET (Neighborhood Enhancement Team). Although, I don't really think this should be viewed as a public appearance, but it's on the agenda that way. Dennis Wheeler: Dennis Wheeler, Director of NET. I just want to get him back to work. In keeping with the past year, we've brought other NET Administrators who were selected here to introduce him to the Commission and the public and Mr. Mason is the newly appointed NET Administrator in Overtown. It was a very intensive process, to say the least. We had over 150 applications for NET Administrator. Human Resources narrowed it down to 15 individuals in which we interviewed over a three-day process, and Mr. Mason was selected. He comes to us from Pro Player Stadium, where he was the Director of Housekeeping, where he supervised about -- you had about 25 supervisors under you, and over 300 people. He has a degree in finance from Florida Atlantic University and we needed some new energy in Overtown and I think Mr. Mason is the guy to give it to us, so without any further ado -- Gary E. Mason: My name is Gary Mason, the new NET Administrator for the Overtown area. I'd just like to thank Mr. Wheeler and the City Manager for giving me the opportunity to work for this fine City. Vice Chairman Winton: And, Mr. Mason, we need your address for the record. Mr. Mason: 1360 Northwest 95th Terrace. Vice Chairman Winton: Thank you and welcome. Commissioner Teele: Mr. Chairman, I also would like to commend the Manager, the Assistant Manager, Mr. Wheeler and the Human Resources Department. They went through a very laborious process. I want to commend you for having identified a person with Mr. Mason's background and, you know, I think having persons that have the kind of academic credentials are very important. That has not always happened in our City process and, again, I think it's a strong step forward. Mr. Mason, I would like you to know that the process there is very intensive. It's one of the most historic areas, and I would urge you to work closely with the Planning Department and the Historic Planning process that we're just undertaking. It's very new in our City, but I would hope that your office would be among the most lettered and involved in historic preservation and historic designation, as well as the other activities. I will take this opportunity, 56 July 9, 2002 Mr. Chairman, to renew my request that I made to the previous Assistant Manager, who promised faithfully before he left that there would be an organizational sort of structure. There was going to be this big retreat, and again, we hear from people time and time again on the inequity or the imbalance in personnel and resources, et cetera. I'm not making those charges, but I am suggesting that we need to balance out the NET structure and the mission and the role of NET, Mr. Manager, needs to be clearly defined and I'm going to ask for a pocket item to ask that a part of the budget process, that the mission and role of NET be adopted, because I think one of the challenges that you have in the NET office, Mr. Mason, is that NET was involved in teenage pregnancy. It was involved in basket weaving, sewing classes. It was involved in concerts, ticket give -a -ways, I mean, and none of those things are bad things; I'm not against any of it. I'm in favor of all that. I don't know what the role of NET is, and I think that coming into the Overtown NET, you need a clear mission statement and a clear mission challenge more so than anyone because the Overtown NET, unlike, say, maybe Model City's NET, has had this very diffused mission that has been guided by what the public and what individuals and what Commissioners thought the role should be, and -- I mean, I don't want to put you on the spot, but I will tell you, if you don't get a mission statement in the Overtown NET, you're not going to succeed. If you don't get a written mission statement from the Manager, you are not going to succeed because the expectation of the public are so diffused and so diverse and what people -- Dennis, you know what I'm talking about because I've talked to you about this before. People in Overtown expect the NET office to be something totally different from what I understood it to be. Now, maybe we ought to reeducate me, but between the Manager, you, me and the public, there needs to be a very clear roles and mission and function statements and, Mr. Manager, I'm very interested in your reaction because I don't want you to feel that I'm beating up on him or starting out getting off to the wrong foot. I'm trying to protect this young man because, I mean, he has an impossible mission if we don't make it very clear, not only to him but to the public. Carlos Gimenez (City Manager): Commissioner, I couldn't agree with you more. I think he needs a clear mission direction and what the role of NET is in Overtown and I think we all understand what happened there and we want to make sure that he succeeds and we'll give him a mission statement. 16. KIDS IN DADE SOCIETY, INCIFLORIDA YOUTH CADETS ADDRESSES COMMISSION CONCERNING FINANCIAL SUPPORT FOR STRUCTURED SUMMER DAY CAMP PROGRAM WITHIN MIAMI-DADE COUNTY PUBLIC SCHOOLS. Vice Chairman Winton: Now, we have one more public appearance and that's on 1113. Carlos Gimenez (City Manager): 11A is also here. Vice Chairman Winton: 11A? So why don't we do them in order? 11A and then we'll get to 1113, so 11A. Victor Castro: Good morning, Commissioners. My name is Victor Castro. I'm the Director of Kids in Dade Society, Incorporated, Florida, for Youth Cadets. It's a not-for-profit organization that's been working for 10 years since 1990. We are currently scheduled to begin a pilot summer day camp that's starting on July the 22"d through August 16th. It's been approved for Dade 57 July 9, 2002 County Public Schools for the insurance, security and facility. I am requesting, specifically from you Commissioners, to assist our organization in financial support for the kids that we have active in our cadet program. First and foremost, I'd like to apologize. I don't have packets, but I have gone to several Commissioners' office and spoken with your aides and you'll also be handed an up to date packet this afternoon as well. First and foremost, I'd like to speak on behalf of the organization as a whole. We have been working as a mentoring program for 46 weeks for the past seven or eight years actively. We go into the facilities of Dade County Public Schools; started at Booker T. Washington, went on to Jose D. Diego, and now we are currently at Allapattah Middle School, which the active principal, Mr. Grice, who is very fond of our organization. I have spoken to numerous elected officials in the last month requesting financial support. I am in the process of receiving grants or processing grants -- I'm sorry, I apologize -- processing the grants that I have written for the State of Florida to assist us, as well. Currently, my main goal is to have a successful program throughout the summer. I have gone to the DHS office, the City Police, which are processing from the LETF (Law Enforcement Trust Fund) fund $2,000.00 to be allocated from us. We have acquired from the private sector $6,000.00 and we have a total budget of $49,000.00. I am trying to acquire -- specifically, I'm asking you for $15,000.00, and the reason being is because I have to fully clothe our cadets. This is a pre- JROTC (Junior Reserve Officers' Training Corps.) program. This is not a high school level JROTC program. We are targeting to middle schools and primarily because this year Dade County public schools have cut back to 17 days for summer school for the kids. In the community of Allapattah and Culmer areas, there's a lot -- it's a low-income community. There's a lot of kids that are at risk to -- susceptible to gangs, to violence, to drugs and we try to work at creating and instilling a structured environment for as many kids as possible. We do not charge the families, nor the children. We actively have 53 kids that we are working with right now and we are actually going to be receiving more kids. From the grass roots, from what I've heard, so long as we're an active program. Starting on the 22"d, there's going to be more kids that's going to be coming wanting to join the cadet program. It's imperative that I have your assistance. It has been very difficult for me to acquire the funds from multiple resources because I've come at such a late of date. Given the fact that the founder of the organization just received the chairman position for the democratic committee for Dade County, his name is Raymond Zeller, who is the founder of this organization, I have now come on board as the Deputy Director for this organization and I'm trying to come up with a more structured program. I don't want to just give these kids the ability to just, on Saturday, get together and play games and have someone from the army teach them about drilling. I want to provide an anger management course that people from the University of Miami will be coming in donating their time. They're going to research the community about our program. Vice Chairman Winton: Excuse me. Two things. One, did you put your name and address on the record in the beginning? Mr. Castro: I apologize, I didn't. Did I? Vice Chairman Winton: He did? OK, great. Thank you, and what's your name? Mr. Castro: My name is Victor Castro. 58 July 9, 2002 Vice Chairman Winton: Is this for this year, Victor, this summer? Mr. Castro: Yes, sir. Commissioner Teele: What's the venue? Where's the venue for this activity? Mr. Castro: I requested -- actually, I'm somewhat in a bind. I'm from the DHS (Department of Health and Human Services) office and then Allapattah area, I was told that the Commissioner for that district is Mr. Angel Gonzalez. Then I was sent from your aides, Commissioner, to go to your office. Commissioner Teele: No. What I'm asking you is, where is this program going to take place? Mr. Castro: In Allapattah Middle School. It is --- Commissioner Gonzalez: Which is in Model City. Mr. Castro: Well, it is in Model City, and we're working through Dade County Public Schools at the -- Commissioner Teele: It's 12th Avenue and 47th Street. Mr. Castro: 13th and 46th Streets -- I was sent to your office, Mr. Teele, but you were unavailable last week. Then --- Commissioner Teele: I'm glad I was unavailable because I tell you this, this is the kind of thing that I don't like to deal with. I'm going to be honest with you. You're totally out of the -- you know, this is an ideal project for consideration by the Community Development office and the public service -- or social services. It's a great program, if it's gang related, as you --- Mr. Castro: We're working on the prevention of alcohol and drugs. Commissioner Teele: Prevention of gang related, it may be eligible for Law Enforcement Trust Fund dollars, but again, we have a process here and we're not in a position to entertain these proposals throughout the year. You have to get in where you fit in and it has to fit in within the timeframe that we're dealing with, and I -- notwithstanding Mr. Zeller's comments and all that stuff, I, for one, am very, very much inclined to want to provide some kind of support because, candidly, although you dismissed the drill and the Army and National Guard involvement, I think one of the things that our community needs most, being a former ROTC and an ROTC graduate, is the drill and the organization and discipline that that gives. I'm very sympathetic and emotionally sympathetic to a program such as this. I just think it's the kind of program that we can ask -- the Chief is here and his staff is listening -- if you would meet with them and see if there's a way that they can meet law enforcement eligibility. We may be able to, not we, but the Chief may be able to -- 59 July 9, 2002 Vice Chairman Winton: Well, I'll tell you, I have a serious problem with it. In light of yesterday, when I'm telling agencies that have ongoing programs we've been funding, that their funding is going to be cut by 30 and 40 and 50 percent, that are serving kids, I mean, how do I take this out of order, and tell them that we're going to figure out some way to find some money, somewhere in the City to do this, and I'm telling them they're out of luck; so I think that this has to go through a process like everybody else does, and coming to us at the last minute to kind of bail the program out, it just doesn't work, so I think you've got to go through -- I don't think there's -- I don't know. I'm only one vote, but I couldn't support finding money somewhere in this City for this program at the expense of the programs that I had to tell yesterday they were going to be cut, whether it's LETF or CDBG (Community Development Block Grant), when we know there's no CDBG money. Mr. Gimenez: Commissioner, we can guide this gentleman through the process and maybe, you know -- and get him in competition for some available funds for next year, either for CD or LETF. Vice Chairman Winton: That'd be perfect, and that's exactly what we should do. Mr. Gimenez: That's what I'd be recommending. Mr. Castro: Not only that, I wanted to also add -- and I understand that I am cut for time, but it's not that I haven't gone through the process. I've gone to most elected officials that have to or concerned with the Allapattah, Culmer District. I've gone to the NET offices. I have gone to -- Mr. Gimenez: There's a different place and processes that I'm talking about. These are more formal processes. These are applications. Commissioner Teele: We're at the end of the process and, I mean, to start with -- meeting with Commissioners is really a strike against you because the last thing we want to do is to try to rank unsolicited, unevaluated, unstructured proposals ahead of the kinds of things that Commissioner Winton just eluded to, where we've got an audience, overflowing audience, full of people that have gone through a process and wind up with zero, that have staff who have cars and houses and children in school and all of that, who are going to be laid off because we can't come up with money for programs just like this, so it's not that we're against your program. What we're simply saying is that you have to be a part of the Citywide process if you want to be considered for funding. Mr. Castro: Definitely. Vice Chairman Winton: So, Mr. Castro, my suggestion is that you meet with -- who from the Manager's office? Mr. Gimenez: Well, we'll contact him as soon as he gets off the podium and we'll make sure he's got the right contacts and the right timeframes, et cetera, when they make the applications. Vice Chairman Winton: Great, perfect. Thank you, Mr. Castro, for coming. July 9, 2002 Mr. Castro: Thank you very much for your time, sir. 17. AUTHORIZE MANAGER TO EXPEND $11,000 FOR IN-KIND SERVICES FOR AMERICA'S LIFE LINE FOUNDATION'S TRIBUTE TO AMERICA EVENT SCHEDULED FOR SEPTEMBER 11, 2002 AT JAMES L. KNIGHT CENTER. Vice Chairman Winton: OK. 1113. Ann Miller: Good morning, Mayors and Commissioners. My name is Ann Miller. I live at 14025 Southwest 208th Street. I stand before you today for a tribute to America, a patriotic event scheduled for September 11, 2002, at the James L. Knight Center, in Miami. We are trying to make this a free event for the people of our communities, and for the many people out there that are not able to afford these events. We have to give them the opportunity to do so. There will be approximately a thousand children of every race, religion and creed, gathered from our schools' choruses and orchestras participating in this magnificent display of patriotism. It is a commemorative event to honor our armed forces, as well as the men and women of uniform who risk their lives every day for the brotherhood of man, and to all Americans to lift their spirits and show the world that we're America, strong, proud, brave and bold. This event, under the direction of Salvador Ordonovilla (phonetic) formerly Director of Concerts at Madison Square Garden, will not only be educational and entertaining, but strong, powerful and uplifting for our entire community. It is, therefore, at this time, I would like to request from the City of Miami, its Mayor and Commissioners to waive the fees for the James L. Knight Center. This includes the Riverfront North Hall, the house expenses, which are the operational costs for the Knight Center, the thousand tickets surcharge, and also the stage hands, which are all union workers, and the banners. Vice Chairman Winton: Mr. City Manager, do you all have a recommendation on this? Carlos Gimenez (City Manager): Are the tickets for this free or is there going to be a charge? Ms. Miller: No. This is a free event for the community. We want it to be a fabulous event. We're very lucky. Mr. Ordonovilla has done some of the most fabulous events in the entire world. This is for every race, religion and creed, and let me -- and I couldn't even say it better than to say it's sitting -- it's in front of City Hall, a proclamation that was made by 31 Mayors of our community. I think this is the most fabulous proclamation I've ever seen. It should be for every City in the nation. I would like to just read this one moment because this is what America's lifeline stands for, and this is what our City needs. Vice Chairman Winton: How long is that? Ms. Miller: Very short, maybe less than a minute. Vice Chairman Winton: Thank you. 61 July 9, 2002 Ms. Miller: "We are at a course in history of Miami -Dade County when it has become necessary for people of all races, creeds, color and political backgrounds to connect with one another, and to put away all the things that separate and divide us, and concentrate upon our shared love and respect for the culture and opinions of all mankind, and declare righteousness and victory of this declaration of diversity. Be it known, Mayors of 31 municipalities declare that we will uphold, promote among our family, friends and constituents this declaration of diversity, promoting multi -cultural diversity, racial harmony and brotherly love throughout this great world." This says it all. This is the event that we would like to put on at James L. Knight. Vice Chairman Winton: Mr. Manager. Christina Abrams: Christina Abrams, Director of Public Facilities. This event, you know, would be a wonderful event for the City of Miami to have. Most cities around the country are doing something to commemorate September 11th, and we believe that the event that they have planned seems like it would be a good reflection of the City of Miami. The only issue is that we do not have the fund balance in the special event account to provide the total request that she has, which, according to the James L. Knight Center staff, is 20,160, and that doesn't include the banners or the other things that I hear are being requested. Vice Chairman Winton: What's the total budget of this event? Ms. Miller: You mean of the entire event or just the one that I'm requesting? Vice Chairman Winton: I'm not sure I understand your answer. Ms. Miller: No, I'm requesting from the City -- as co-sponsors, I'm requesting $23,760. Vice Chairman Winton: And what's the -- OK, so -- Ms. Miller: The total that we will get from sponsors is going to be $150,000. Commissioner Sanchez: Ma'am? Ms. Miller: Yes. Commissioner Sanchez: Are you a non -for-profit or -- Ms. Miller: We're non-profit. Commissioner Sanchez: Are you registered as a non-profit organization, 501(c)? Ms. Miller: Yes, sir. We have applied for all our -- 501(c)(3). I have all the papers here that I would be happy to show you. Commissioner Sanchez: Oh, you've applied. 62 July 9, 2002 Ms. Miller: Yes, everything is applied for, and they've responded, and I'm returning the final reply. Commissioner Gonzalez: But have you already been certified as a 501(c)(3)? Ms. Miller: No, we have applied for it. We're non-profit. We are -- Vice Chairman Winton: And so what's staff s recommendation on this? Ms. Abrams: Our recommendation is, you know, there are certain costs that are for the rental of the facility, and also for the staff cost, and that would be approximately 11,000, and our recommendation would be, if the City chooses to sponsor this event, that it not exceed 11,000. Commissioner Sanchez: So move, not to exceed $11,000. Ms. Abrams: If that would still allow the event to continue. If not, maybe -- Ms. Miller: The only -- Vice Chairman Winton: Yeah, and you all have to go through the same processes that you normally go through, so I think that there's a motion on the floor to accept staff s recommendation on this. Do we have a second? Commissioner Gonzalez: I'll second the motion. Mr. Gimenez: One more thing, Commissioner. Vice Chairman Winton: We have a second. Discussion. Yes. Mr. Gimenez: Before the event, though, there has to be some proof that you have been accepted as a 501(c)(3). Ms. Miller: All right, and if not, we are work -- I'm trying to work with some other organizations that are 501(c)(3), so we will definitely -- You know, I'm sure we should have it by then. I talked to the IRS (Internal Revenue Service), and they told me I should have it by then. Commissioner Sanchez: Well, that will be a condition, that you area 501(c). I mean, I just can't see the City giving you money and you not being a 501(c). That clearly classifies you as a for- profit. Ms. Miller: But we have filed for non-profit, but if we do it with another 501(c)(3)? Vice Chairman Winton: Yeah. I think if they're the sponsor --if they're the lead entity, then that's probably -- 63 July 9, 2002 Commissioner Sanchez: We just want this to be crystal clear. Ms. Miller: We will make sure, if we don't get it in time, we will have another 501(c)(3), very well known organization do it with us. The only thing here is it's going to be very -- it might be difficult for us -- I don't know at the moment -- to make it a completely -- I mean, for most of the people, it will be free, a free event, but if we can't get all the funds, we'll have to try to maybe sell a thousand tickets for a VIP section. Vice Chairman Winton: So we have a motion and a second. Do we have any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. Thank you. Ms. Miller: Thank you, sir. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-805 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE AMERICAN LIFE LINE FOUNDATION "TRIBUTE TO AMERICA", TO BE HELD AT JAMES L. KNIGHT INTERNATIONAL CENTER ON SEPTEMBER 11, 2002; AUTHORIZING THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW AND THE PROVISION OF SERVICES, IN AN AMOUNT NOT TO EXCEED $11,000.00; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE SPECIAL EVENTS ACCOUNT, CODE NO. 001000921054.289; SAID AUTHORIZATIONS CONDITIONED UPON THE (1) ORGANIZATION'S DESIGNATION BY THE INTERNAL REVENUE SERVICE AS A 501(C)(3) ORGANIZATION PRIOR TO THE EVEN TAKING PLACE, OR IN THE ALTERNATIVE, THE ORGANIZER CO -SPONSORING THE EVENT WITH A DESIGNATED 501(C)(3) ORGANIZATION; (2) THE ORGANIZERS (A) OBTAINING ALL PERMITS REQUIRED BY LAW; (B) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (C) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (D) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. 64 July 9, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Vice Chairman Winton: Recess till 3 o'clock. THEREUPON, THE CITY COMMISSION RECESSED AT 12:30 P.M. AND RECONVENED AT 3:19 P.M. WITH ALL MEMBERS PRESENT, EXCEPTING VICE CHAIRMAN WINTON. 18. ACCEPT MANAGER'S RECOMMENDATION AND APPROVE DOWNTOWN'S HOLIDAY VILLAGE WHICH WILL TAKE PLACE DURING HOLIDAY SEASON AT BAYFRONT PARK, $60,000. Chairman Regalado: We have a presentation by Unipro. This item was deferred from the last meeting. They were told to go back and sit with the Manager, and this is the Holiday Village and Bayfront. Mr. Manager, have you gone through the different items and the services? Carlos Gimenez (City Manager): I don't have the sheet in front of me, but what I understand, it's a $60,000 expenditure over a -- during the period of the event. We have cut this down substantially, and I think it's a reasonable expense for the attraction and the amount of time it's going to be open at Bayfront Park, so I would recommend approval of it. It will come out in next year's budget. Chairman Regalado: Mr. Nelson, you wanted to offer to the City Commission the park in terms of community event? It will last how many days, 13? Nelson Barreda: Nelson Barreda, 7003 North Waterway Drive, Miami, Florida. I wanted to come up with a program where we have each district be part within the park and maybe have certain days during off times where we open up the park to bring in families, particularly children for the holidays. In addition to that, there are other synergies that we should work with the offices after like during supplement that we're going to have in the Herald, and doing a guide to other holiday events within the City and each district besides at the park. Chairman Regalado: OK. Commissioner Gonzalez: Move to approve. 65 July 9, 2002 Commissioner Sanchez: Second. Chairman Regalado: OK, we have a motion and a second to accept the Manager's proposal. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: Thank you very much. Mr. Barreda: Thank you very much. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-806 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE DOWNTOWN'S HOLIDAY VILLAGE, TO BE HELD AT BAYFRONT PARK FROM NOVEMBER 29, 2002 THROUGH JANUARY 5, 2003; AUTHORIZING THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW AND THE PROVISION OF SERVICES, IN AN AMOUNT NOT TO EXCEED $66,744.00; AUTHORIZING THE ALLOCATION OF FUNDS FOR SAID SERVICES, FROM THE SPECIAL EVENTS ACCOUNT, CODE NO. 001000921054.289; SAID AUTHORIZATIONS CONDITIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton July 9, 2002 19. BRIEF COMMENTS ON DEFERRAL OF PROPOSED CHANGE OF CONTROL OF CABLE TELEVISION LICENSE (See #12). Chairman Regalado: AT&T (American Telegraph & Telephone), did -- we had a motion? Alejandro Vilarello (City Attorney): We had a motion and deferred the item to the meeting of the 25tH Commissioner Sanchez: Yeah, but didn't the letter specifically ask for a deferral of 120 days? Mr. Vilarello: It talked about the federal requirement that makes us make a decision within 120 days and that time having lapsed, but AT&T agreed to the extension through and including July 25th Commissioner Sanchez: Would that require a motion for us to defer to the 25th? Mr. Vilarello: You did. Commissioner Sanchez: We did? Priscilla A. Thompson (City Clerk): We did that. Chairman Regalado: OK. 20. APPROVE CITY'S FIVE YEAR STRATEGIC (FY 2000-2004) AND ANNUAL (FY 2002- 2003) PUBLIC HOUSING PLANS, IN CONNECTION WITH IMPLEMENTATION AND ADMINISTRATION OF CITY'S SECTION 8 MODERATE REHABILITATION VOUCHER REPLACEMENT PROGRAM. Chairman Regalado: Six is the five years FY 2000-2004. The public housing plans administration of the City's Section 8. Is this for rehab or for Section 8? Daniel Fernandes (Acting Director, Community Development): This is only Section 8, Commissioner. This is a federal requirement in order to continue our Section 8 program. It includes the voucher program for the 140 participants. Vice Chairman Winton: So move, Mr. Chairman. Chairman Regalado: OK, it's been moved and second. All in favor say -- Alejandro Vilarello (City Attorney): Public hearing. Did you open and close the public hearing? Chairman Regalado: There is a public hearing. It's item 6 Section 8 and on the regular agenda. This a public hearing. Anybody from the public? There being none, we close the public hearing. If Commissioners want to make any statement before we take a vote? 67 July 9, 2002 Commissioner Sanchez: Call the question. Chairman Regalado: OK. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-807 A RESOLUTION APPROVING THE CITY OF MIAMI'S FIVE (5) YEAR STRATEGIC (FY 2000-2004) AND ANNUAL (FY 2002-2003) PUBLIC HOUSING PLANS, IN CONNECTION WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S SECTION 8 MODERATE REHABILITATION VOUCHER REPLACEMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE ATTACHED PLAN(S) ATTACHED HERETO AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO EXECUTE ANY AND ALL DOCUMENTS AND CERTIFICATIONS REQUIRED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF THE ATTACHED PHA PLANS. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 21. REPRESENTATIVES OF BAYSIDE MARKETPLACE TO DISCUSS ITS OPERATIONS, INCLUDING POLICE, SECURITY, PROMOTIONS, AND THE MINORITY PARTICIPATION AGREEMENT AND WHETHER OR NOT BAYSIDE IS IN COMPLIANCE WITH SAME. Chairman Regalado: OK. Bayside. Bayside Marketplace representative to discuss operations, including police, security, promotions, and the Minority Participation Agreement, and whether or not Bayside is in compliance with the same. This item was deferred from the meeting of June 13th, and what the members of the Commission wanted was to hear the Bayside representative in terms of what they get from the City, but especially the Bayside Foundation and the interaction 68 July 9, 2002 of this Foundation with the community. Lucia. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm joined today with Raul Tercilla, who is the general Manager for Bayside, as well as Detra Shaw, who is my co -counsel. She has been counsel to Bayside and all of its tenant issues for the past eight years. We are happy to be here in response to your invitation to address operations and minority participation. I think Bayside has a great story to tell and we're happy about the opportunity to do so. Chairman Regalado: I believe you better get the portable mike. Ms. Dougherty: Great. Thank you. First, I'd like to start off with the economic benefits of Bayside because -- I think that we actually had been pretty lax about reporting back to you regularly about things that are happening at Bayside, and particularly what the benefits are of Bayside to the City. Now, in total, the City has approximately $3,600,000 in annual revenue to the City from Bayside. And it comes from guaranteed rent from the City of Miami, property taxes to the City of Miami, garage surcharge, City's percentage rent, sheriffs sales tax, fees generated by Bayside Marketplace, annual payment totals, and here's an interesting statistic that I did not know. There are 1500 employees at Bayside. Half of those employees live in the City of Miami, so in total, there have been $375,000,000 in payroll revenues since the beginning of Bayside. One half of that or $187,000,000 is paid to City residents. The second issue that we would like to talk about is, what do you -- what is the City putting into this? The City has approximately five officers that patrol Bayside, but this is not just Bayside. This is also your park, that is, Bayfront Park, as well as the perimeter roads and the marina. Remember, that's your marina and it's your park as well. So, there are five -- a total of five officers, which we estimate to be about $230,000 per year in police officers that patrol both the park, as well as Bayside and your perimeter roads. The security budget for Bayside, itself, is $730,000 per year. So, while the City's putting in $230,000 in police patrol, which is not just Bayside, but it's also the park, Bayside itself is putting in $730,000. Total -- by the way, total off-duty police is $140,000. Chairman Regalado: How much is it off-duty? Ms. Dougherty: Total off-duty is $140,000, but we have our own security personnel at $553,000. A total of $730,000 we're paying in security and off-duty police officers. Since the beginning -- this is dealing with minority participation and one of the requirements that the City - - that we have, pursuant to our minority participation agreement, is to give cash grants to assist in funding to do technical support to minority participants and tenants. We have paid $1,500,000 to the Bayside Foundation since the beginning; $6,280,000 in cash grants for minority construction of tenant spaces; organized and solicited $3,300,000 in loans from Miami Capital Deco and private banks for minority tenants; $3,000,000 in rent abatement from the beginning, and three hundred thousand in direct cash for technical assistance. Of the original minority tenants that we had at Bayside, there were originally 24 stores or 17 percent were African-American and 40 stores or 29 percent were other minorities, for a total of 46 percent. Currently, Bayside has 52 percent minority tenants. There are 45 percent other minorities and seven percent African- American. We are unhappy about this number. We would like to have this number increased 69 July 9, 2002 and, you know, we do a lot to try to do that, and we'll describe our efforts in that regard in a minute. Now, there was some issue about what have we done about retaining our original tenants? Of all of the original tenants at Bayside, there are only 18 stores remaining. And that's not an unusual kind of statistic, because, in fact, nine out of ten stores close within the first year. So, out of that 18 stores of the nine minority -- non -minority stores, there are nine percent remaining. Of the African-American stores, there's eight point three percent, and of the Hispanic stores, there are eight percent. So, it's really not out of line in terms of the national statistics to have that many of the original stores remaining. What are we doing in terms of efforts to get more minorities in the -- in Bayside as tenants? Well we joined CAMACOL, the Miami -Dade Chamber of Commerce. We advertised for opportunities. We attend entrepreneurial workshops. We go to malls. We actually prospect for tenants in other malls and craft shows, fairs, business - - street businesses. We monitor newspapers, professional journal and publications. And we've actually established an entrepreneurial incubation situation, where you could start in a cart, move up into a larger store in the mall and then move into a further store. So, we've actually incubated tenants from the beginning and had them carry through. They've also had flexibility for start-up opportunities. We've had temporary and seasonal uses. We allow existing tenants to charge -- to change uses in concept. We assist them in changing their uses and concepts. And we try to suggest joint ventures and do business opportunities. For example, the garage at Bayside is a joint venture between -- and we put that together, Bayside put that together -- between an African-American owner as well as the parking garage tenant. And that joint venture partnership carried through to the airport because, currently, the airport has a joint venture of the same tenant. So, we think we have a great story to tell, and we'd be happy to answer any questions for you. Chairman Regalado: I want to understand the Foundation, Bayside Foundation. Bayside was supposed to, every year, like give up an amount of money. Ms. Dougherty: We give -- we gave an amount of money, five hundred thousand per year -- excuse me, a hundred thousand per year, and the total amount of money that paid to the Foundation is $1,500,000. Chairman Regalado: And -- well, my question, I guess, is -- so who runs the Foundation? Ms. Dougherty: I'm going to turn that over to George Knox. He is their legal counsel. Chairman Regalado: I think she has to open the mike there. It's open. George Knox: Members of the Commission, my name is George F. Knox. I'm an attorney with offices at 150 Southeast 2nd Avenue, and I am counsel to the Bayside Minority Foundation, and I've been directed to answer your questions to the best of my ability. Your question related to "Who runs the Foundation?" The Foundation is run by a board of directors who serve as trustees of the Foundation, along with an Executive Director and staff. The board consists of 15 persons, five of whom are named by the Miami City Commission, five of whom are named by the Rouse company, and five of whom are named by the combination of ten persons representing the City and the Rouse company. This 15 -member board of directors -- of course, that's policy -- it implements the mission, goals and objectives of the Foundation. 70 July 9, 2002 Chairman Regalado: I always thought -- and I really don't know too much about what the Foundation does or have done, but I thought that that money could and will be used for two purposes. One, to incentive and generate new tenants, minority, that would want to go to Bayside or -- which will be my preference, but I have ideas on this matter -- is to sponsor activities that will be done within the Bayside Marketplace. The way I thought that that Foundation worked or should work is, for instance, if we, like every weekend, want to sponsor an art exhibit of -- I think we had this gentleman in Overtown that did a show that was very nice -- or the people that have different galleries or musical groups that would want to. Of course, Bayside -- and because these people are not famous, probably will not be able to pay them, and that the Foundation would take care of the expenses of moving or some kind of payment to this group. I thought that by doing that, not only Bayside would promote the culture and the whole community, but it would bring more people, which is the purpose of Bayside, of any venture. And, so, I don't know what's the criteria of the Foundation or if the Foundation ever meets. I don't know. Because we were looking at last appointments of the Commission and it dates back when no one that is here was here. So, I want to understand that because I think that that would be an important element to see the future of Bayside in a different way than we see it now. Mr. Knox: Right. Well, Commissioner, what I can say is that the activities that you have described certainly don't appear to be inconsistent with the mission and purpose of the Foundation, but you make also a very valid point, and I think that it is worth at least highlighting, and that is that no sitting member of this Commission has formally made an appointment to the board of the Foundation, with the single exception of a member who was appointed by Commissioner Teele, who, unfortunately, is now diseased, which means that that position has been automatically vacated. And, so, it would appear that, you know, an enlightened pursuit of the Foundation's mission could certainly be accomplished by the City Commission reviewing the selection process and exercising or reinforcing decisions that have been made in connection with the appointments to this Foundation board. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, Commissioner Teele. Commissioner Teele: Madam Clerk, would you read off the names of the current members of the Foundation that are appointed by the City Commission? Priscilla Thompson (City Clerk): I'll have to get that information for you, sir. Mr. Knox: I'd be glad to do it, if you'd like? Commissioner Teele: Yeah, I'd like very much. Mr. Knox: All right. T. Willard Fair is appointed by the Rouse Company. Commissioner Teele: The Rouse Company. 71 July 9, 2002 Mr. Knox: Esther Monzon-Aguirre was appointed by the board. And when I say, "the board," that's the combination of the appointees from the City and the Rouse Company, who appoint the last five. Bill Perry. I'm assuming that's Bill Perry, III, was appointed by the Rouse Company. Daryl Sharpton was appointed by former Mayor Suarez. Gary Siplin was appointed by the Rouse Company. Commissioner Teele: How long has Gary Siplin been a State Representative from Orlando, representing ... Mr. Knox: At least a term. Commissioner Teele: At least -- two terms now. I mean, you know -- folks -- Chairman Regalado: He lives in Orlando. Commissioner Teele: Been living in Orlando. Left here five, six years ago. Who were the board -- City of Miami appointees. Mr. Knox: Daryl Sharpton was appointed by former Mayor Suarez. Ralph Packingham, who's diseased -- Commissioner Teele: Diseased. The late Ralph Packingham, who died a month or so ago. Mr. Knox: That's right. He was appointed by Commissioner Teele. Sam Mason was appointed by then Mayor or, perhaps, Commissioner Carollo. Ileana Hernandez was appointed by Commissioner Plummer. Luis Fernandez was appointed by Commissioner Gort. And those are the Commission appointments. Commissioner Teele: So, Madam Clerk, we obviously have a glitch in our process. I mean, I don't want to turn this -- I don't want to let these two brilliant and shrewd lawyers deflect the whole issue, as they're attempting to do, but, you know, again, we are responsible, in some ways and shapes and forms, for the situation that exist. I mean -- Chief, just so that I don't catch you by surprise, I asked your staff to make sure that we were able to respond to one of the things that the Union had pointed out to me in this discussion; that we are, in fact, providing police officers there out of the Police budget, and I had asked for a report on that. I don't believe -- Vice Chairman Winton: Did you say we are or we are not? Commissioner Teele: We are. We currently are. And while that number has decreased from the original number, the fact of the matter, if the information that I have is correct -- let me put this in a different context. One of the things the Union was saying is that we have different standards for different organizations. For example, if a business in my district or Commissioner Gort or Commissioner Gonzalez or Commissioner -- any of the Commissioners' districts want to have security, they have to pay for it. Flagler Street, as an example. And, again, it goes back to my point about the structural problem of the budget, which we need to focus on. But Bayside -- while they had a large number of police officers when this thing started, there are residuals, of 72 July 9, 2002 which there is about seven police officers assigned there now -- at least, it was, you know, the information that I had -- that are paid for out of the City's budget. And I don't want to get into that issue, Chief. I just want you to be -- I don't want to blind -side you. I think Attorney Knox, George Knox, makes an excellent point. I would hope that, before the close of the meeting today, each of us could look, perhaps, at our staffs or at people that we know and appoint someone to serve on this. But -- is there a term of office, Mr. Knox? Mr. Knox: According to the by-laws, the term office of each member is -- Commissioner Teele: I'm talking now solely about the members appointed by the City Commission. Mr. Knox: There's a three-year term of office. Commissioner Teele: So, I would assume that all five positions are currently available for appointment. Mr. Knox: Unless there's an interpretation that suggests that they were automatically appointed at -- reappointed at the termination of whatever their term of office may be. Commissioner Teele: You are a former City Attorney. That would be a huge stretch. I mean -- Vice Chairman Winton: Probably all 15. Commissioner Teele: I just think we ought to deal with our five for the time being, but the fact of the matter is is that, if we want to do the kinds of things that Chairman Regalado is suggesting or, quite candidly, the kind of things that I would like to suggest, I think the first step we need to take is we need to do our -- carry out our responsibilities in making the appointments, as each of us see fit, to administer the dollars. What is the amount of -- what's the cash balance in the Foundation now? Mr. Knox: Commissioner, I don't have that information. Chairman Regalado: I think it's $1,000,000. Alejandro Vilarello (City Attorney): Mr. Chairman, if I might. Dr. Igwe is not here, but at the commencement of the direction from the City Commission, he had requested from the Foundation all of that information. At least as late as last Friday, he had not received any of the information from the Foundation. There was a late referral to Mr. Knox, and I've not had an opportunity to ask him whether he has those records available to disclose to Dr. Igwe. But we've not had an opportunity to review that. Now, Dr. Igwe -- Commissioner Teele: Mr. Knox, do you watch CNN (Cable News Network)? Mr. Knox: On occasion, yes. 73 July 9, 2002 Commissioner Teele: Did you watch it last night? Mr. Knox: No, sir. Commissioner Teele: You missed the Arthur Andersen representative speaking before Congress? Mr. Knox: I did. But I can indicate that I know that Dr. Igwe and the Foundation staff are in communication with each other. And, for the record -- Commissioner Teele: George, look, this is a sandbagging. You opined to me, privately or in a quasi -private role that -- 18 reasons why you don't have to turn the information over. I've indicated to you that we do have the power, as the Commission, to subpoena them. Mr. Attorney, don't we have that extraordinary power and ask the Foundation Executive Director and board to come before us on matters that are within the subject matter of our jurisdiction? Mr. Vilarello: I'd have to review the Charter section to determine whether or not we could do that. However, we do have five appointments to that board. You certainly could demand that they provide those records from our appointments. Mr. Knox: And -- I really don't think that is necessary. I was not being -- Commissioner Teele: Which one, the appointments? Mr. Knox: The City Attorney to research the question that you asked. Chairman Regalado: The Executive Director resigned, as of today, because -- Commissioner Teele: How do you know? Chairman Regalado: Because I'm a journalist. I'm supposed to know. Commissioner Teele: I mean, I don't think this thing ought to become an issue of beating up the Foundation. Chairman Regalado: No. But, Arthur, if I may. Just 30 seconds. I think that there are two issues here, completely separate issues. I think that the Foundation has the ability and the money to support arts and culture throughout the community and, at the same time, help Bayside, which is bring people to Bayside and to downtown. That's -- I believe that the Foundation can do that, only if they, you know, get their heads together and want to do that. The other issue, you know, it's open to discuss. But what I propose -- I think it's totally different from the other issues that brought them here. But since we are discussing Bayside, I tried to find out some details about the Foundation and the money that they have, and the things that they could do. And the question that I have, I already knew the answer. And Mr. Knox gave me a very detailed answer to what I asked, which I knew already. But I think that we should deal with the issues that are on the table, but we also work on using the Foundation to promote the arts and cultures throughout 74 July 9, 2002 the community with the money that they have, and they can use it for that. And to, at the same time, bring people to Bayside. So -- Commissioner Teele: Mr. Chairman, respectfully, I fully and one hundred percent -- one hundred and one percent subscribe to the notion that the Bayside Foundation can promote the arts, the culture, and should do so, and should promote pluralism and diversity in attendance at the Bayside marketplace. However, I think that role should be subservient to the notion of why this City Commission and management set up the Foundation. And that Foundation was set up largely to support and promote the kinds of things that Ms. Dougherty and them talked about that they're doing, which is to assist in the diversity of minority tenants at the marketplace. And may I respectfully remind this Commission that the reason we're having this discussion is because one person came here, under her right, to petition her government with a grievance that she was not being treated fairly in the business as a tenant. We've been very careful not to impose ourselves in between a lessor and a lessee, because I think the City Attorney has opined correctly that we need to be very careful that we don't interfere with the commercial relationship. But having said that, clearly we can instruct, and we can direct, and we can suggest and cajole the Bayside Foundation that they should be much more aggressive in helping minority tenants and supporting minority tenants, which is why this whole program got set up, and if they have a half a million dollars or upwards of a million dollars, that's even more reason. Mr. Knox, how long have you been the attorney for this fine organization? Within the last 90 days, I would suppose? Mr. Knox: Yes, sir. As a matter of fact, within the last 30 days. Commissioner Teele: So, what's getting ready to happen with the money, with all due respect, as -- you know, as a professional courtesy -- said one madam one to other -- you know, legal fees are not necessarily the best use of these dollars to come before the Commission, and spend time explaining to us why they don't need to comply with our request for information or any of those other things. And I certainly want to, again, say, on the record that Mr. Knox, you, as a former City Attorney, they -- the board is obviously functioning very well. They've done well to go out and identify you and bring you here to dazzle us with your usual legal confusion and brilliance. But the fact of the matter is, we've got a tenant that has petitioned -- and I have only one issue, and Ms. Dougherty knows this. Ms. Dougherty knows this. I believe that anybody who comes to the City Commission, or any local government, and petition their elected officials for a problem, should not be -- I want to be very careful -- but there should be a clear sense that people are free to come and petition government without a feeling that they're going to have reprisals. And what literally got me involved in trying to right a wrong -- and the wrong is not the commercial issue, in my mind, Ms. Dougherty. And I want you to respond to this very briefly, please, please -- was that when this fine young lady came down and testified and then came back two weeks later before this Commission and said, once she'd finished testifying -- and I think the Attorney confirmed this. And correct me, Mr. Attorney, if I'm wrong -- that she received on her door an eviction notice or, admittedly, there were eviction proceedings going on back and forth, but there was like an immediate "get out of our office, get off of our venue." And, ma'am, am I correctly -- Panzegna Wood: Yes. Yes, Commissioner. 75 July 9, 2002 Commissioner Teele: Would you just state your name for the record? Ms. Wood: My name -- Commissioner Teele: Because I think this transcends all of the discussion that's going on. If we, in Miami -- I mean, we -- I'm prepared to be just one person and to fight the whole City, but if we are prepared to let anybody not be able to express their views before this Commission, without a reprisal, then we may as well just turn this place over to Castro or to Saddam Hussein, because that's not democracy, folks. And we, as legislators, must be very cognizant of the fact that Amnesty International has said that Miami is one of the few places in America where people are afraid to express their views. I didn't say that. Amnesty International is saying that. And we cannot allow presentations before this Commission to have a chilling effect, because you know what? Because if it begins to have a chilling effect, it's going to go through all communities, and we're going to be right back where we started, you know, some 15 or 20 years ago in this town, where people can't say certain things for fear of somebody denouncing them or politically or whatever, et cetera. So -- I mean, my issue is a First Amendment issue. It's not a commercial issue. And I've said this to everybody that would listen to me. It is not a commercial issue. I have no desire to inject the City into a commercial transaction between a tenant and a landlord. I do believe that there are third parties, like the Foundation, that may be called upon to provide assistance. But I want to be very clear that that's what I'm responding to. And if I'm wrong, then I apologize to everybody involved. But we need -- I need to know this, because there's enough of this scurrilous innuendo, damning by insinuation, that has gone on in this town for long enough, and I'm prepared to spend the next few years that I'm here as a Commissioner, basically denouncing it every time that it raises its ugly head, because it's gone on long enough. Ma'am. Ms. Wood: My name is Panzegna Angela Wood. I live at 13364 Southwest 108th Street, Circle, in Miami. The zip code is 33186. Commissioner, you're absolutely right. Not just the minority tenant of Bayside, I was the first tenant to sign a contract with the Rouse Company back in 1986, and -- Commissioner Teele: Ms. Wood, I want to just focus in, for just one minute, on one issue. Ms. Wood: Yes. Yes, sir. Commissioner Teele: You came here about two months ago. Ms. Wood: Yes, sir. Commissioner Teele: You testified. Ms. Wood: Yes. Commissioner Teele: You came back to me -- Ms. Wood: Yes. 76 July 9, 2002 Commissioner Teele: -- hysterical. Ms. Wood: Yes. Commissioner Teele: And said that, when you got back to your office -- Ms. Wood: Yes. Commissioner Teele: -- there were certain legal documents there that had not been there before. Ms. Wood: Yes, the eviction notice evicting me from the premises. Commissioner Teele: And that happened on the same day. Ms. Wood: Yes. My -- as a matter of fact, the day that I came in front of the Commissioners and then I went to a hearing, while I was at the hearing, Mr. Tercilla had his locksmith change the lock on one of the stores, Miami Destination, and the employees were evicted. Everything was locked up. Haven't been into the store or seen the store since May, since my first hearing there. The second store that I had in Bayside and have been paying rent since 1987, on April, I was told, after my -- the only father that I have, known as my dad, he died and I had to go home. I was told by Mr. Knox, "It's OK. Close the store. Go bury your dad. Come back. We'll meet July 15th and we'll discuss it with the Rouse Company. They're open to sit down and talk with you and work the issues out." Well, when I got back, the only thing I got was that "No negotiation. If you want a new store, you can have a new store." The keys were changed again. The alarm went off. Got a bill from the City for false alarm. And the young lady, the lawyer for the Rouse Company, talked about the seven percent minority participation at Bayside. Out of the 24 black tenants that were there, there's only four left. So, I don't know how she get seven percent on that. They said that they're open and they're going into the community and they want to work. If you have your first tenant, who have been paying overage rent for five years, number one in square footage, not just for the Rouse Company in Miami, but for the Rouse Company of all their shopping centers -- for five years I was number one for square footage. You have a Foundation with over a million dollars. And after 9/11 -- I had problems before 9/11 because of the concept. They took my concept that was very successful and they spread it over into four different stores, OK. I submitted other concepts. And instead of giving me that concept, they gave it to somebody else. So, now the Foundation is there. I said, can I get some help from the Foundation? I can come up with something else. If you want to take the T-shirt resort wear from me, that's fine. I can always do something else. So, they're saying they're going into the community. They're doing this, they're doing that, and they want to work with black tenants. They have their first tenant, black tenant, woman minority, single mother, everything. If they really want to work with me, why are they pushing me out? Why are they taking the space that I spent my mother's money, my father's money, my uncle's money, my sister's money? I have put everything I have into Bayside. I'm a retailer before I got married. I was a retailer before I became a mother. And if they really want to work with me, why are they taking my space and giving it to somebody that they have not been dealing with for 15 years? And tell me, "OK, you want to start again? We'll give you a cart." How is that endorsing minorities and how is that building up what they have? I have come before this board and I have talked on Bayside's behalf 77 July 9, 2002 as a member of the Association and of the board, and I have never -- I've always cooperated with Bayside. I have never gone to the Herald when they were doing stories on the minorities and on Bayside. I have always worked with management. So, you tell me, how is it they're saying in front of the City that they're working with minorities, that they have this seven percent, and they're going into the community and they're doing all of this? Where is the proof? Where is the proof? When we went in front of the judge -- if you want the whole story -- the judge, quickly, without calculation says, "OK. You owe about $45,000." Commissioner Teele: Ma'am, I don't want to cut you off, but I just want to establish one thing. Ms. Wood: Yes. Commissioner Teele: Because, again, we cannot -- and you're free, as long as the Chairman allows you to, to discuss any of the commercial aspects. I'm here and I'm going to continue to defend the right of any citizen, whether they live in this City or not, to come down and petition this Commission, without fear of recrimination and fear of being financially or personally or psychologically put in jeopardy, and that's a very important principal to me. I need to understand, Mr. Attorney, was she given -- obviously, an eviction process had to be going on, but was that process, in any way, expedited or accelerated, based upon the testimony that we've heard here? And the testimony we heard is that Ms. Wood came down here before noon. She went back to Bayside right after lunch, and everything was there neat and tidy with a get -out. And I just need to understand that, because I don't know the facts. I've not discussed this with you. I've heard her side of it. I've heard Lucia's side of it, and it doesn't help me. Mr. Vilarello: Commissioner, the first time Ms. Woods came and spoke before the City Commission, we had -- the City Commission asked me to intervene or mediate the process, if it was possible. We had at least three meetings between that first discussion and the final action, which, ultimately, Ms. Woods was evicted. The time over which that took place was a significant amount of time, at least a month, if not more than a month. The last meeting that we met -- the last mediation ended abruptly, a few days earlier than the parties had agreed to, but that was a matter of days. We had a meeting, where we met on a Tuesday. They had a final hearing that Thursday, which the parties agreed that Rouse would proceed on, and the only disagreement was whether that -- that Ms. Woods would have an additional four or five days to consider various options that had been put on the table. That process ended that very Thursday, at the conclusion of the hearing, as I understand it. But there was at least a month and a half, and at least three meetings with my participation, from the first appearance of Ms. Wood before you, until the eviction. And I believe she did come before the City Commission at least one other time during that period of time. Commissioner Teele: So, the statement that -- it's not fair to assume that because she appeared before us, that the eviction process was expedited solely based upon that appearance? Mr. Vilarello: Well, I'm not going to speak on behalf of Rouse Company, whether that expedited it or not. I can tell you that there was a significant passage of time from her first appearance. And the eviction processes had commenced long before that first appearance, before the City Commission. 78 July 9, 2002 Commissioner Teele: You do understand, Mr. Attorney, I hope, what my concern is. And my concern transcends Bayside or Ms. Woods or any of the principals. It really goes to whether or not this Commission is going to be able to function as a repository of the democratic process, that people can come here and express their feelings without recrimination or attack or a fear that they -- that something's going to happen to them, economically. And that, to me, is a much, much, much more important principle than any other principle. And, again, I want to be a guardian for the fact that anybody has a right to come before this Commission and express their concern. Mr. Vilarello: Commissioner, I was not pleased with the conclusion of this process, but my concern was really with regard to the matter of days and some commitments that were made that I felt that weren't fulfilled, but that was just a matter of the last few days of this process. It was not -- I did not perceive that the Rouse Company was retaliating against Ms. Woods on account of her appearing before the City Commission. That was my perception. Commissioner Teele: Thank you, Mr. Attorney. Detra Shaw -Wilder: Commissioner, Detra Shaw -Wilder of 200 South Biscayne Boulevard, Suite 2800. Ms. Dougherty introduced me earlier as her co -counsel. I am the attorney for the Rouse Company. I have the unfortunate job to do all of their eviction work. I am the attorney who filed the eviction action against Ms. Woods. And if you still have concerns, I've prepared a time line and I'm able to give you dates, dates that can be confirmed by the Clerk's records of how the eviction action proceeded. Commissioner Teele: You're a member of the Florida Bar? Ms. Shaw -Wilder: I am a member of the Florida Bar. Commissioner Teele: Of course, I accept your word as a member of the Bar. Ms. Shaw -Wilder: OK. And I will assure you, as a member of the Florida Bar, as a person who lives not in the City of Miami proper, but born here, who have -- I have the same concerns as you. I can assure you that Ms. Wood was not retaliated against because she came to the City Commission. I filed the eviction action on April 12th, under a five-day summons, and evictions regularly proceed on an expedited basis. I had a right of possession as of April 25th. We did not enforce that right until well after, as Mr. Vilarello discussed, to give her an opportunity to give us an opportunity to address some specifics and commercial issues that I am not at liberty to address before you, but Ms. Wood is. But to address your specific questions: Absolutely not. The dates, the public records will confirm that she was not, absolutely not, retaliated because she came to the Commission. And, in fact, no tenant at Bayside is retaliated for coming to the City Commission. We do not use the legal -- I, as the attorney for Bayside, do not use the courts, abuse process to retaliate against anyone who feels they would like to express. Commissioner Teele: Your statements are very comforting. 79 July 9, 2002 Ms. Shaw -Wilder: Thank you. Ms. Wood: Why did you send the letter apologizing for the rush eviction after I had come before the Commission? Ms. Shaw -Wilder: Commissioner, again, I am not at liberty to -- Ms. Wood: The eviction has a "rush" stamped on it, a red "rush" stamped on it. And then you sent a letter of apology when I had called the City Attorney and told him what was done. Ms. Shaw -Wilder: I am not at liberty to discuss the specifics of my dealings with Ms. Wood within the litigation. But, again, if you would like me to give you information that is in the public records, that is in the Clerk of Court files, I am at liberty to do so. But with respect to the specifics and the interaction that went on in the litigation or tenant negotiations, I am not at liberty to do so. Chairman Regalado: No. Commissioner Teele said that he was satisfied with what you said. Vice Chairman Winton. Vice Chairman Winton: How many African-American tenants do you have at Bayside? Ms. Shaw -Wilder: Ten. Vice Chairman Winton: You have ten today? Ms. Shaw -Wilder: Yes. Vice Chairman Winton: And you could provide it? Is -- I guess that's private information or is it public information? Ms. Shaw -Wilder: That's -- Ms. Dougherty: There are ten businesses, including carts, stores -- Chairman Regalado: Mike, mike, mike. Ms. Dougherty: There are ten businesses, including carts, stores -- and we'll provide that for you. Vice Chairman Winton: Well, in the total stores, you had 139 in 1985 and 139 in 2000. Ms. Dougherty: Those are including the carts. A hundred and thirty-nine businesses. Vice Chairman Winton: OK. That's what I -- so, 139 is carts and stores? Ms. Dougherty: Yes. July 9, 2002 Vice Chairman Winton: And, so, -- so you do have ten, and you could provide us with the names of those ten companies, so that could be also confirmed? Ms. Dougherty: Absolutely. Ms. Shaw -Wilder: I'd just like to clarify, so there's no misunderstanding. There are ten minority owned businesses. Some of those may be the same people. So, there may not be ten individual people at Bayside, but there are ten minority-owned businesses. Vice Chairman Winton: Minority-owned. Chairman Regalado: No. There should be more. Ms. Shaw -Wilder: African-American. Chairman Regalado: There should -- you're talking African-American? Ms. Shaw -Wilder: Yes. Chairman Regalado: OK. Ms. Wood: There's four African-American businesses left at Bayside. Commissioner Teele: Including carts? Pauline Walton: My name is Pauline Walton, and I've been at Bayside since the ... Chairman Regalado: Would you speak into the mike, please? Vice Chairman Winton: Come close. Come close. It won't bite you, I promise. Ms. Walton: Are you sure? Yeah. My name is Pauline Walton and I've been at Bayside since inception. I started on a cart and then expanded. But currently, there are five black tenants at Bayside, and then some have multiple stores. Three of which -- Vice Chairman Winton: Some of the five have multiple stores? Ms. Walton: Yes. Vice Chairman Winton: So, that -- well, that's what they said. Because they said that some of the individual owners have multiple stores, and that's how they got to the ten. So they're -- Ms. Walton: Have more than -- exactly. Vice Chairman Winton: OK. 81 July 9, 2002 Ms. Dougherty: And the original 139 also had multiple stores, some of them. Chairman Regalado: OK. Thank you. Any issues that any member of the board want to discuss, other than the appointment of the five members? Question, Mr. City Attorney: Can we appoint the five members as of today, if we wish to? Mr. Vilarello: Yes, sir. Your appointments are due. In other words, there's no appointments that have been made. Anybody who has continued to serve, has continued to serve waiting for their replacement, and you -- the appointments are appropriate today. Chairman Regalado: Do we have -- could a member of the Commission appoint himself to be a member of that committee? Mr. Vilarello: Commissioner, I can't tell you, at this moment, whether or not you can. I don't have my agreement with me to determine whether or not you can appoint yourself as a member of the Foundation. Commissioner Teele: Mr. Knox, who represents the foundation, may be in a better position to opine. Mr. Knox: And I will advise the Chair and the Board, respecting the qualifications for membership as it appears in the by-laws of the organization, any natural person may become a member of the Foundation, provided that such person resides or works in Dade County, is not less than 18 years of age, indicates an interest in becoming a member of the corporation, and those are the qualifications. Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir. Vice Chairman Winton: Mr. City Attorney -- and my apologies because I came into this late. So, if you answered this question, you can give me the answer again, just without detail. We have -- the City of Miami -- this property's on City -owned land. Mr. Vilarello: Yes. Vice Chairman Winton: And we had some sort of an agreement in the beginning that dealt with this whole minority participation issue. And as I told -- Ms. Wood? Ms. Wood: Wood. Vice Chairman Winton: -- in my discussions with her, if it weren't for that fact, there wouldn't be a reason for her to be before us because this is a tenant/landlord dispute that government can't do anything about. But there is that one element about the original partnership. And is there anything in that document, that I assume you have reviewed, that gives us any power to do 82 July 9, 2002 anything, whether we thought something was really amiss here or not? Mr. Vilarello: With regard to this particular individual situation? Vice Chairman Winton: Yes. Mr. Vilarello: No. The City Commission has the right, on an ongoing basis, to monitor and review Bayside's and Rouse's compliance with the agreement that is entered into with the City. It does not give us the right to go into individual tenant matters between Rouse and individual tenants. There's no privity between the City and the tenants. Now, the Foundation is a little bit different creature. It's a foundation that is a private foundation, funded by Rouse, where you do have the right to appoint certain members to the board, and they have the right to assist in minority issues. That's independent of it. The minority participation issues that were the burden of Rouse, most of those requirements were requirements that were created at the inception of the lease. The Foundation is ongoing -- Vice Chairman Winton: And do they carry forward? Mr. Vilarello: It was for the inception of the lease. In terms of the ongoing obligations with regard to minority participation, there are requirements. Vice Chairman Winton: There are? Mr. Vilarello: The significant one is the continuing funding of the Foundation. Vice Chairman Winton: That was the significant -- Mr. Vilarello: It is designed to assist in minority participation. Now, we don't know -- Dr. Igwe has been trying to get the information to determine exactly what the Foundation has been doing, and we don't have that information. So, we cannot report back to you. And Dr. Igwe has not been able to report back to ... Vice Chairman Winton: So, the -- how would Rouse or would Rouse ever be in violation of their minority participation agreement? Or is it only the Foundation that could be in violation of something or neither of them? Mr. Vilarello: No. Certainly, the Rouse Company could be in violation by failing to fund, failing to do other obligations with regard to the Foundation, appointments. Vice Chairman Winton: So, it really all comes back to Foundation. Mr. Vilarello: The continuing obligation is the participation with regard to the Foundation. Vice Chairman Winton: And what's the penalty? Mr. Vilarello: For breach of the lease? It could include everything, up to including termination 83 July 9, 2002 of the lease. They would obviously have an opportunity to cure, if that failed. Would include termination. Ms. Wood: Commissioner Winton? Vice Chairman Winton: Yes, ma'am. I'm sorry. Ms. Wood: There is also a Charter that was passed by the previous Commission in regards to the minority program, that it was not just for the inception. It was for the continuation of the program, and it was under that that I invested my mother -- and my parents' and my money, and my time for the last 15 years into Bayside. So, you need to look into that Charter that was also passed, that has to do with that minority component of the agreement between the Rouse Company, and Bayside and the City. They have a 99 -year lease, and we were just used as guinea pigs to get in. Vice Chairman Winton: What Ms. Wood's saying is that her view is that there is an ongoing obligation for minority participation that doesn't just funnel through to the Foundation. Now, how -- so, that's in conflict with what -- Mr. Vilarello: Well, the agreement sets goals and the goals are for minority participation. However, we have to be cautious as we walk down this road. The law of the land, at the time that this agreement was entered into, was different than the law of the land today. This Foundation, however, is someone -- is something that clearly falls within the -- my understanding of the law today, where there can be a valid assistance to minorities and their participation in the Rouse Company's lease. Chairman Regalado: Johnny, if I may. If I may just -- if I -- would you Chair one second so I can make a motion? Vice Chairman Winton: Yes, I would. Chairman Regalado: I'd like to make a motion. And I think that what the City Attorney is saying, that the most effective tool that the City Commission has to change, either short- or long- term, the perception or the reality regarding all minorities and all minorities participation would be the Foundation, since we cannot go in, enforce and dictate to this private venture whatever the wishes are, if they are complying with all that has been set in the contract. So, my motion is to start the appointment process, and I would like to move the appointment of Commissioner Arthur Teele as my appointment to the Foundation. Because I think -- for two reasons, Arthur, I'm doing this. Commissioner Teele: I'll decline. Chairman Regalado: No. But, hear me. Hear me on this. Two reasons. You know, clearly, we have a situation with the Afro American community in Bayside. We all recognize that. Whether that's an economic problem, something, they will have not been able to resolve with the company, I don't know. But I think it's important that a person of your stature and leadership 84 July 9, 2002 goes into the Foundation, because the Foundation can and will solve some of these issues by using that money to promote business or to promote participation in other ways with Bayside. You know, I think that at least you should give them a try, 90 days, two meetings. But, you know, the members of this board should see that the City Commission is serious in wanting to resolve some of the issues. And if you don't want to be there in the second meeting, well, just resign, but hear me out. I think it's important that your presence is there, that your presence is noted, because it would bring comfort to many people that wish to be participants, and it would bring ideas. If you, later on, want to leave, and we should appoint somebody else, fine. But I think that -- you know, if we ... Vice Chairman Winton: So, Commissioner Teele, he is trying to appoint you. So -- Commissioner Teele: You know, Johnny, let me tell you something. I came to Miami in 1984. One of the first people I met was Brenda Rivers, lady in the black. And the one thing that I talked about, having served as the President of the largest black trade association in the country, the National Business League, which was founded in 1900 by Dr. Booker T. Washington -- I was privileged to serve two terms as the national president, the 12th national president, the organization by which the U.S. Chamber of Commerce was incorporated and patterned after -- by President Roosevelt, President Theodore Roosevelt. And the one thing that I noted, walking in the door, is that something has gone dreadfully wrong in Miami. When you look at Oklahoma City, Birmingham, Montgomery, Atlanta; Richmond, Virginia; Raleigh/Durham, North Carolina, something went wrong. It's not us. Something has gone dreadfully wrong in this City. And you know, old habits are hard to break. This is the most racist freaking town that I've ever lived in, that I've ever visited -- there is a total conspiracy against black businesses in this town. If I go on this board, I'm just going to piss off Off -Street Parking and the Bayside Trust, and the Miami Herald or the Miami New Times, or the Miami Today. Because let me tell you something, people don't want to -- the fact that Miami is the town where you don't have a black savings and loan, you don't have a black insurance company, you don't even have a black -owned Pop Eyes. You got that itty bitty, Mississippi, bugaloo (phonetic) piano. Didn't just happen. It's not us. There is a total conspiracy against black business people in this town. And, Johnny, I -- I mean - - you know, I don't mind fighting. I mean, in some cases, at one point, I'd rather fight than have a drink or other of those things. But let me tell you something. This is a tough town. And I said this on the occasion of the funeral of Mrs. D. A. Dorsey's daughter -- what's her name? Dana -- who worked for this City for 40 years. I said this at her funeral, because she said it to me. Even though her father built this town, even though her father gave money, what today would be hundreds of millions of dollars. Brickell Key sits on land that was owned by the Dorsey family. Most of 3rd Avenue -- the historic 3rd Avenue Business Corridor was owned by D. A. Dorsey. The school, he gave hundreds of acres of land to the City for a library. Go look at the library. We own it. Go look at the library. Go look at the schools that he donated. And he was supposedly, I guess, one of the first documented millionaires in this City. Dana said to me a hundred times, as an employee of this City, "I don't know how you're going to do it, but somebody's got to change this town." And, folks, I've got to tell you something. You know, what goes on -- and it's largely in the City of Miami. Because, remember, the City of Miami was once 70 or 80 percent of Dade County. So, you know, we can dance and we can shuffle and we can scratch our head and all that. But, you know, it's pretty apparent what's going on. I mean, what's going on is, you know, African-Americans are having a very difficult time. Everybody 85 July 9, 2002 wants to package it and call it minorities. Cubans are doing very well in this community, thank you very much, and nobody begrudges them. I certainly don't. But the fact of the matter is, is that what is going on at Bayside is no different than what's going on all over this City and all over urban America in this town, and that's why black unemployment is four times that. I mean, you know, Ms. Dougherty wants to talk about the number of employees, and those are impressive numbers, but the fact of the matter is, when you start breaking them out, I can guarantee you there's going to be a separation of sheep and goat real fast, and black from white and black from everybody else. So, you know, Tomas, I have no objections for serving for 90 days, I'll tell you that. But it's the same old thing, you know. As soon as you get up and you make some recommendations, you know, the Bayside people will hire their lobbyists and their spin doctors and their publicists and the next thing, the Miami Today, "The Miami Herald", everybody will be out saying, "Oh, Teele wants to take over Bayside," you know. The fact of the matter is, I don't want to take over anything, but I can tell you this. I believe that black people in this town, not because of this Commission, not because of the previous Commission, or the Joe Carollo or Maurice Ferrer or Suarez, this thing happened 60, 70 years ago and it just never -- it's never taken hold. And there is a quiet conspiracy to keep black people out of business, and that was the conversation I had with Brenda Rivers, when she was fighting up against all odds. She and Dwayne Wynn's father, who was out there at the airport. The first two people at the Miami International Airport was a gentleman named Bill Wynn, who died. You know, Dwayne Wynn was smashed like a bug at Bayside. You know why? He advised somebody -- Dwayne was once the highest ranking black -- and he's going to be very upset for putting his business in the street -- at Bayside. They smashed him like a bug because he advised somebody, who was having the kind of issue that she -- that Ms. Wood is having that "I recommend that you go get a lawyer." He was called in and summarily fired. That's what happened. But you won't read that, you won't hear that. That's just the kind of thing that Kunta Kinta's grandmother had to tell him that's been passed on from person to person to person to person. But, folks, let me tell you. Some of us see, some of us understand what's really going on. You know Dwayne. He serves on your board. Vice Chairman Winton: (Inaudible). Commissioner Teele: OK. He's the kind of person that ought to be appointed to this thing, because he worked at Bayside as one of the Managers, helping to induce -- and he told somebody to hire a lawyer, in this kind of issue ... Vice Chairman Winton: I'll be glad to appoint him. Commissioner Teele: And that's what goes on. So, you know, Commissioner Regalado, it's not that I'm afraid of a fight. And I'll -- I mean -- you know, I still relish a fair and an honest fight. But, you know, let me tell you something, it's personal, because this town does not want to see black people in business. Most of the black leaders from the non -group -- from the point of time that I have been in this town, were people who had jobs, corporate offices at public corporations, university presidents, not to besmirch any of those people. Unlike Atlanta, you don't have Herman Russells. You don't have entrepreneurs who can say, "Commissioner Teele, I don't give a damn. Mr. Mayor, I don't care. This is the way I see it, and I'm going to go back out and run my $200,000,000 company." We don't have it. And if you look at Black Enterprise, every year - 86 July 9, 2002 - you know, don't take my word for it. Go get Black Enterprise Magazine and thumb through it. Thumb through it. What makes Miami so different from a town like Birmingham or Mobile, New Orleans? You know what makes the difference? There ain't a black entrepreneur -- there is nary a black entrepreneur in this town who can write a check for $1,000,000 and say, "Let's make Virginia Key Project work," or who can own a car dealership in the City of Miami. We've got car dealerships in St. Louis and in -- so, you know -- and then we talk about, we want to do -- buy business from Miami. You know what? If you buy business from Miami, then the one or two black car dealers are automatically excluded, because there is a history there, OK? And I've said it before, Johnny, and I'm going to say it to you again. I ain't fighting no more battles for the City of Miami. I'm fighting only for the -- because I've served here for five years, and what I see happening very clearly is an effort, a last grasp effort to prevent black businesses from being able to evolve in this town. Any black business that sticks its head up is shot at. And, so, -- Vice Chairman Winton: So, does that mean you do or do not? Commissioner Teele: I will serve for 90 days, but I'm telling you right here, right now, I ain't going to worry about stepping on Rouse's toes or Off -Street Parking's toes or the Foundation's toes, because I'm not in this for anything, for me or my family. I'm in this to change one hundred years of what has gone on wrong in Miami. Blacks have a right to be at the table in Miami, like in every other City. And what is going on at Bayside has been wrong every since -- and I don't think we can get into a commercial dispute, and I've been very careful, Ms. Wood. I said I don't want to upset you, but I'm not going to mediate and fight your commercial dispute. Ms. Wood: I'm not asking you to. I'm asking you -- I went into Bayside under the program, under the City of Miami program, under the minority program. And I'll give you an incident with Bayside. Commissioner Teele: What are you asking us to do? Ms. Wood: Let me just give you this incident and I'll tell you what I'm asking you to do, because you talked about something that I have personally experienced at the hands of Bayside. I went in with a Spanish colleague of mine, to Mr. -- to talk about a business proposal, and in this meeting mister said to the lady something in Spanish, and her expression on her face changes. When we went outside, she said to me, "Panzegna, you need to be very careful." You know what she said to me in Spanish? She said, "You don't need that black person to come with you to go into business at Bayside. You comeback and we'll do it alone." OK. So, Bayside -- Chairman Regalado: Well, I really think that you shouldn't be putting those things on the record here because ... Ms. Wood: But it happened. It happened. Chairman Regalado: Could you bring -- would you bring the other person? Ms. Wood: I am being forced out of Bayside, not because I'm a bad businessperson. I'm being forced out because I'm a black business that was doing very well. You need to know that. I sent 87 July 9, 2002 to your office, where I was doing over half a million dollars out of 569 square foot space, with no formal experience, except my creativity and my hard work. So, you need to understand that. It needs to be on the record. I would like to see when they force me out, are they going to give my two spaces to another black tenant or have they put another white or another Hispanic in that space? It's important, Commissioner -- Chair, that you understand. I put everything I have into that business and they don't want to work with me, only because I am a black woman, not because I am a bad businesswoman. Chairman Regalado: And I wanted to say, also, that I'm sorry because of your father dying and I know that you have -- Ms. Wood: Yes, and my business taken away from me at the same time. Chairman Regalado: And I know that you had to go to Jamaica to bury your father. But what is it -- what you want from the City Commission? Ms. Wood: I want to rebuild my business, because, fine, they took my T-shirt concept away. Let them take it. I have a new concept, which I submitted to them, that they told me to submit to them, that they have not responded to. I want my space. I don't want to be put back into a cart. I already did my dues from 1986. Why should I start at a cart again, 15 years later? Chairman Regalado: But, you know -- Vice Chairman Winton: Ms. Wood. Ms. Wood: I'm sorry, Commissioner. Chairman Regalado: You understand what has been said to you? Ms. Wood: But they come in here -- Chairman Regalado: No, no. But do you understand we cannot interfere. Ms. Wood: You have a lease with them. They're your tenants. We went under the program. Chairman Regalado: Mr. City Attorney, what she's asking you ... Ms. Wood: It's not right that they use us as guinea pigs, year in, year out. Chairman Regalado: Wait a second. Just give us a second. What she's asking from the City Commission, is that something that the City Commission has the power to do? Mr. Vilarello: Under the terms of the lease agreement, you do not have the power to require Rouse to retain any particular tenant. The only thing I can suggest is, again, if you'd like -- well, actually, there's a better way of dealing with this, and that's is actually through the Foundation becoming involved and assisting in -- 88 July 9, 2002 Chairman Regalado: I said I from the beginning that the Foundation is the only tool that we have. The Foundation can help this lady. It can help other minorities. That is why I asked Commissioner Teele to serve as my appointment, and he can appoint somebody else. And you all should appoint right away somebody, because I think that the Foundation -- listen to me. I know about the Foundation. I tried -- I didn't know anything about the Foundation, but I try to learn and I know that they have the capability and the money to help people like her, and to help all the community. Vice Chairman Winton: Mr. Chairman, may I interrupt, because I think we all understand that. And you have a motion on the table. Chairman Regalado: It's time. I have a motion, but I need a second. Vice Chairman Winton: Did you get a second? Commissioner Gonzalez: I'll second the motion. And I want to have an opportunity to say a few words after all of this discussion is over. Vice Chairman Winton: After the motion? Chairman Regalado: Can we vote, though? Can we vote on it? Commissioner Gonzalez: Yes. Vice Chairman Winton: So, we have a motion from Chairman Regalado to -- Commissioner Sanchez: What is the motion? Vice Chairman Winton: -- appoint Commissioner Teele -- Chairman Regalado: To appoint -- as my appointment for 90 days, Commissioner Teele, as a member of the Foundation, as one of the appointments of the City Commission -- of the five appointments -- Commissioner Sanchez: And this is to look into the Foundation and -- Chairman Regalado: Only Foundation. Only Foundation. Vice Chairman Winton: It's to do whatever he wants to do as a board member of the Foundation. Chairman Regalado: He's a board member of the Foundation. He can request -- Vice Chairman Winton: So, we have a motion. Any further discussion on the motion? Being none, all in favor aye. 89 July 9, 2002 The Commission (Collectively): "Aye." Vice Chairman Winton: Like sign oppose. Motion carries. The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-808 A MOTION APPOINTING COMMISSIONER ARTHUR E. TEELE, JR. TO THE BAYSIDE MINORITY FOUNDATION FOR 90 DAYS OR FOR TWO (2) BOARD MEETINGS; FURTHER TO INITIATE THE COMMISSIONER'S REAPPOINTMENT OF MEMBERS TO THE BAYSIDE FOUNDATION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Thank you very much. OK. Thank you. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes. Commissioner Gonzalez, go ahead. Commissioner Gonzalez: If -- may allow. I don't know why -- Chairman Regalado: Four to zero. I mean, four to one or four -- Commissioner Teele absent. Commissioner Teele: I left out. I walked off the bench. (INAUDIBLE) voting on me. I don't know who voted on me. Commissioner Gonzalez: One thing that I -- Commissioner Teele: Mr. Chairman, I would move Carol Ann Taylor as my appointment. Chairman Regalado: OK. We have a motion by Commissioner Teele. Vice Chairman Winton: And let me add one to that. all July 9, 2002 Commissioner Gonzalez: Second. Vice Chairman Winton: I would nominate Dwayne Wynn as my appointment. Chairman Regalado: OK. Anybody else who wishes to appoint somebody to the Foundation? Commissioner Gonzalez: I'll defer my appointment until I find someone capable to handle it. Commissioner Sanchez: What was the -- there's one that's appointed right now. Commissioner Teele: There's no appointment. Commissioner Sanchez: There's non -- Commissioner Teele: Mister -- Commissioner Sanchez: Mr. City -- Mr. Attorney. Commissioner Teele: The gentleman died. Commissioner Sanchez: Can you read the names that -- Chairman Regalado: Sam Mason. Commissioner Sanchez: No, no. Can -- excuse me. Vice Chairman Winton: The only one appointed by the Commission was Commissioner Teele's appointee, who passed away two months ago. Commissioner Teele: That was over three years ago. Mr. Knox: That was -- Vice Chairman Winton: That was Ralph Packingham. Mr. Knox: There was Daryl Sharpton, who was appointed by then Mayor Suarez. Commissioner Teele: We have five appointments as a Commission. Commissioner Sanchez: And we've only done two? Chairman Regalado: (INAUDIBLE) appoint one, which is -- Mr. Knox: Sam Mason was appointed by then Mayor Carollo. Ileana Hernandez was appointed by then Commissioner Plummer. Luis Fernandez was appointed by then Commissioner Gort. 91 July 9, 2002 Commissioner Sanchez: Wasn't there an Esther something? Esther -- Mr. Knox: Esther Monzon-Aguirre was appointed by the Board. She's a current member, who was appointed by the Board. Vice Chairman Winton: OK. We have a motion and a second on two new appointments. Chairman Regalado: We have a motion on two appointments and a second. All in favor, say LL " aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-809 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI BAYSIDE MINORITY FOUNDATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: I would move that the three appointees that have been named will replace the respective persons who were appointed by the appointing authority, based upon the current district Commission numbers. In other words, Commissioner Plummer's appointment would replace -- would be replaced by Commissioner Winton; Commissioner Regalado's appointment would replace -- who was the district -- Carollo, and my appointment would replace the late Mr. Ralph Packingham. Just so that the records are clear. I would so move. Chairman Regalado: OK. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." 92 July 9, 2002 The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-810 A MOTION THAT THE THREE APPOINTEES MADE TODAY TO THE BAYSIDE MINORITY FOUNDATION WILL REPLACE THE RESPECTIVE PERSONS WHO WERE APPOINTED BY THE PREVIOUS COMMISSION BASED UPON THE CURRENT DISTRICT COMMISSION NUMBER. 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: Commissioner Gonzalez. Commissioner Gonzalez: Yes. I've been quiet, listening to the entire discussion, and I have to say what I'm going to say because, otherwise, I won't be able to sit here for the rest of the Commission today. And the fact is that many, many instances -- we talk here about racism and discrimination and we seem to sometimes, not all the times, but sometimes we seem to blame the failure of some people on some other people. I just heard a comment about the blacks being not allowed to advance or to have positions or to have businesses. Well, let me tell you. Forty-one years ago, I arrived at the City of Miami when I was 14 years old -- 15 years old, to be correct on the record -- and I remember, while we were trying to rent an apartment, seeing signs that says "For rent. No Cubans. No dogs." All right. I also remember that whenever we went to look for a job, for a part-time job, because I had to go to school, I was not hired because I could not speak English or because I speak more Spanish than English. What I had to do, as many, many Cubans that came to Miami on those days, I had to move up to New York, where I didn't find the same discrimination that I found in Miami in 1960, when I arrived here. I live in New York four years -- for three years. I found a job and I went to school and I never found a sign that said "No dogs and no Cubans." Maybe no dogs, but not no Cubans. I was never told, "Cubans, go back to Cuba." In the City of Miami, on those days, even if we require the basic services of calling Florida Power & Light or Southern Bell, they will not answer our calls if it was not in English, OK. It took us Cubans three hundred or four hundred thousand Cubans to come to Miami, to start opening a small business, and the Cubans supported each other, buying from the Cubans 93 July 9, 2002 that had the small business, to start growing and growing and growing. And everything that we did and everything that we have done and everything that we have achieved so far has been a very, very strong sacrifice. Working -- as I said here in the Commission three or four years ago, there was a time when we had a full-time, a part-time, and overtime. We worked seven days a week, 12 hours a week, in order to progress and advance. So, it really -- I mean, it really -- I know there is discrimination. Discrimination is still here. There is still people here that don't like African-Americans and don't like Cubans, and they see us and they smile at us, but back deep inside them, you know, they would like to send the African-Americans to Africa and the Cubans back to Cuba. But, unfortunately, the African-Americans are here to stay and we, the Cubans, are here to stay. Maybe, if Castro decides to leave or the United States has enough courage to get him out of there, maybe we will all disappear and go back to Cuba and then many people won't have to see us, OK. But it really makes me feel very bad, as a Cuban, that suffer discrimination, OK, and I suffered the same exact discrimination -- talk -- you know, keep talking about discrimination, because every time we bring that subject up, what we're doing is dividing more and more the community. I, as a Cuban, I, as a Cuban, have participated in Afro American organizations. I have always treated African-Americans in equal terms because, when I was in Cuba, I was in a very, very poor neighborhood. And my best -- one of my best friends that went to school with me were black. So, I didn't -- I learned to live without distinction of colors. And my mother taught me to treat everybody equal, as human beings. We're all human beings. We're all created by God and we all have the same rights. So, saying that -- I'm sorry, Commissioner Winton. You know, that I -- but I had to say it because, otherwise, you know, I would have exploded here today. Thank you. Chairman Regalado: OK. Vice Chairman Winton: Are you suggesting that I'm one of those that want you to go back to Cuba? Commissioner Gonzalez: I don't know. Let me see. Maybe (INAUDIBLE). Vice Chairman Winton: I thought most of those people left in 1980 with the -- what was that -- when I got here in 1980. The favorite bumper sticker was "would the last American in Miami please take the flag with them" or some dumb thing like that. So, I thought they were all gone. Chairman Regalado: Well, anyway -- Vice Chairman Winton: Charlie, I guess you and I are the cause of this. (Comments off the record) Chairman Regalado: Well, look, we've got to have a closure of this. Commissioner Teele: Mr. Chairman, I'd like to bring this to some closure. We've got four people here. I think we ought to allow them at least two minutes, if they want to, and then move on. I mean -- 94 July 9, 2002 Chairman Regalado: We have a 5 p.m. certain CRA (Community Redevelopment Agency), and many, many items, and I ask you, please, you understand that this City Commission is trying to do what we can, legally, through the Foundation, to help. There are three new members, and members of the Commission will appoint as soon as next week, by memo, the other two members. They have, I guess, the direction of the City Commission to change the Foundation -- Vice Chairman Winton: But, Commissioner Regalado, I'm not sure we should be giving Ms. Wood some false sense of hope here. I would be shock -- Chairman Regalado: I'm not saying to her. I'm saying to -- you know, the people -- Vice Chairman Winton: Because I would be shocked if the Foundation has any authority to make them sign a lease with you. Chairman Regalado: Absolutely not, and they know that. But what I'm saying is, Johnny, that the only thing that we can do is through the Foundation, and the City Commission has moved in an expedite way, to work within the Foundation. And in the next 90 days, we'll see the results or we'll do something else. Ms. Wood: I have a request for the Commission. Chairman Regalado: Two minutes, and that's it. Ms. Wood: Yes. The Rouse Company said that they were doing all they can, and their efforts into working with minorities. I am asking the Commission to ask management, Mr. Tercilla, if he will give me those 90 days to look at the proposal that was submitted to him, and to try to work with the Foundation to get some assistance to move the new concept forward, so that I can provide for my daughter and my family and, thereby, they would be keeping their minority participation to that seven percent, instead of reducing it to six percent. Chairman Regalado: I don't know if we can do that. Mr. City Attorney. Ms. Wood: Well, he's here. You could ask him. No? Chairman Regalado: Of course, we can. He has heard what you have said, but -- Vice Chairman Winton: I think someone's coming to the microphone. Ms. Shaw -Wilder: Just to respond to that. The Rouse Company has been working with Mr. Knox, on behalf of Bayside Foundation, to try to, once again, extend some time to Ms. Wood, but we are not at liberty to discuss those tenant negotiations before the Commission. Chairman Regalado: OK. That's the response. That's all we can do. OK. Anybody else wishes to address the Commission, so we can close this item? Ma'am. Ms. Walton: Yes. I'm Pauline Walton. As I had mentioned before, I started at Bayside from day 95 July 9, 2002 one on a cart. It wasn't my intention to be a Bayside tenant, but I go back a little bit further. I was the Business Analyst at Miami Capital. I was a Manager at BAC (Bank of America Corporation). I worked with Noel Daltrey, while he was at BAC. However, when Bayside started, someone meant -- someone said, why doesn't someone do a cart?" I said, OK, I'll try it. I started a cart and it did reasonably well. And from that, I expanded into a kiosk and I was able to get a second kiosk Absolutely no financing from any outside source. I got the opportunity to get a space, an in-line space, which is, of course, the prima donna of retail, because you'd like to have some air conditioning if you're going to be at Bayside. It is a very hot place. I got the opportunity and I tied up all my assets, which is one of the problems in minority financing. It ties up your entire asset base. Therefore, if anything happens, there is absolutely no funding. I did quite well at Bayside. Then I had some surgery and I was out for a bit and my business took a dive. May I have some more time? Chairman Regalado: Thirty seconds. Ms. Walton: I went to the BAC. I went to Metro -Dade Revolving Loan Fund, I went to Miami Capital, and I could not get any funding. I went to the Foundation. They said they were not able to. And I'm here to say, I'd appreciate it if you do work with the Foundation, so that they see -- I mean, I lost my two businesses. I am currently there with one small business, and I'm building it from scratch. So, I went to the pinnacle and now I'm back at the bottom, all because I didn't have access to funding. Thank you. Chairman Regalado: Thank you. Thank you. Ma'am, you -- Brenda Rivers: Hi. My name is Brenda Rivers and I was one of the original tenants at Bayside. I presently have two locations. And I came before you last month to ask for some assistance in terms of mediation. I think it's clear that you cannot interfere with landlord/tenant negotiations, but I want to say that I do have an appointment with Mr. Tercilla for this week, and I'm hoping that it will be better served than the numerous appointments I've had with him over the years, and that's what I've been saying. That I've met with Raul for year after year after year, and I've never gotten anything that I've requested, in terms of giving me those tools to be successful at Bayside. As you know, in retail, or any other business, it's the terms that you have, and I've always, for years, asked for better terms, for feasible terms. I've presented documents and documents to him, showing what is necessary for me to be successful, and each time they were ignored. They were diverted. So, again, I have a meeting scheduled this week with Mr. Tercilla. I hope they will go better than the meetings I've had over the last 10 years. And I just want to inform you of that fact. Vice Chairman Winton: Mister -- Chairman Regalado: Thank you. Go ahead, sir. Vice Chairman Winton: Mr. Chairman. Raul, you've got three of your maybe four or five African-American tenants all singing from the same sheet of music here. And, you know, I know you gave the pitch about how Bayside reaches out to the community. I've never been -- I've never -- it's been a long time since I've bought into that story line completely, because I'm 96 July 9, 2002 not sure y'all really do. And lots of retail businesses, frankly, don't. So, it's never had any real impact on me. But y'all have a very unique position in this community, in that you are on publicly -owned, very, very, very valuable real estate, and I think that y'all have an obligation to go back and rethink how you're dealing with the African-American community at Bayside. And I'm not suggesting you do anything in particular with any of these tenants, because that's a deal between you and them. But I am going to suggest that y'all need to really rethink, in light of these figures here, what you're doing within the African-American community and what kind of real resources you're providing to make them successful, successful. And that's -- our community wins at the end of the day when these businesses become and stay successful. And you and I both know that you can grow to the point where you outgrow your ability to control your own business. Y'all have also the tools available to help these small businesses take those next steps, and to give them guidance and advice and other kinds of tools. And I sure hope -- I can't make you. I don't think we can make you, but given your position in this community on that valuable City -owned land, I'm going to suggest that -- and I made a public announcement not long ago that I'm going to run for office again. So, that means I'm going to be here for five more -- well, presumably. I don't know. Maybe I'll get my rear end beat. But maybe I'll be here for five more years. And I think that what I want to see in your next trip down here is a group of African-American vendors that you have at Bayside, who are talking about the assistance that Bayside has given them to be successful in our community, not the other way around. Raul Tercilla: Commissioner, my name is Raul Tercilla. I'm Vice President and Senior Asset Manager of Rouse Miami, Inc., which is the company that owns and manages Bayside Center Limited Partnership. I concur with you. I agree with you. And I think that the discussion that we have here has been a positive one. I think that the possibilities, with the direction of the City, in terms of the Foundation -- and the more important point, which Ms. Walton made earlier, which is source of funding, which is the key element. Ms. Rivers and I have known each other for 15 years. We negotiate hard. We may disagree on some things, but we have done business deals with her in the past, and I know that Brenda is going to be tough on Thursday, but we'll end up working something out. But I think that what's very important is the context of which Ms. Walton was talking about. After Miami Capital ceased to operate, there have not been true financing mechanisms, of any substantial source, to put people into business. We have, historically, very small amount of square footage every year. Being a successful project, anywhere from three to five. In tough years, like it is right now, we probably have about a 10 percent factor. But some of them are tough space, spaces that I would not venture to put a small business into that environment. So, that's the context. I look forward to working with you and the rest of the members of the Commission. I think that your experience in real estate and in business leasing and other matters will be very helpful on this. But I think, and I emphasize the key thing that many of the business opportunities at Bayside need at different levels, anywhere from a cart to a full restaurant, is sources of fund and financing. Many of these original tenants at Bayside, very successful individuals, who have gone from carts to multiple stores, need those sources of financing for working capital in tough environments. I can help them with rent issues for a period of time, but they do need inventory to purchase clothing and purchase other kind of retail merchandise that they need to produce their sales. That's the key. It's a tough business out there in retail today. It's a tough business, whether you're a national tenant, like the Gap. There's conversation of them going to bankruptcy. It is a very tough environment. And I think that the leadership that Commissioner Teele, I think -- and we look forward in working with him in the 97 July 9, 2002 Bayside Minority Foundation. I think we'll -- I see this as a great opportunity and a positive opportunity. Thank you. Chairman Regalado: Thank you. Sir, if you want to, you have two minutes, and then we'll close this item. Go ahead, sir. Your name. Trovel Williams: Yes. My name is Trovel Williams and I'm one of the original tenants, too, at Bayside. I also started on a cart and currently have three spaces. I think one of the problems really for us to go outside is to come in to try and get funding. There's a lot of negative things out there about Bayside, with some of these funding organizations. So, you know -- Vice Chairman Winton: With some of what? Mr. Williams: Some of the funding organizations. When you go to them. Simply because they have experience with people who have gone before us and have already left, you know. So, it becomes very difficult. And that's why the Foundation becomes important in trying to, you know, help the tenants that are there, and the fact that we're a different kind of retail. I mean, basically, we're, you know, tourists oriented, which is different than regular retail. You know, so Vice Chairman Winton: Well, you know what's really upsetting is the fact that you have -- you know, generally, when you hear these public organizations providing public funding, they're always providing funding for start-ups. Most of these (inaudible) established businesses -- if the damn Foundation had just been operating to come to the rescue of established businesses that have a successful track record. It's -- the Foundation is the answer or a big part of the answer and we're going to work to get that thing cranked up. Chairman Regalado: Johnny, I keep saying. I've done a little homework. I know that the Foundation can help, not only help, but promote a lot of ideas and projects within Bayside, which will help Bayside, because it's all about people. It's all about getting people in downtown. OK. Thank you very much. Thank you for your time and for your patience. 22. WAIVE COMPETITIVE NEGOTIATION PROCEDURES FOR PROVISION OF PROFESSIONAL SERVICES FOR ADMINISTRATION OF EDUCATIONAL, RECREATIONAL AND CULTURAL PROGRAMS AT CITY OWNED PROPERTY, LOCATED AT 3255 PLAZA STREET, ELIZABETH VIRRICK PARK; AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH BOYS & GIRLS CLUBS OF MIAMI, INC. Chairman Regalado: We have a time certain, but if we have some time, why don't we do Item 8, which is a four-fifths vote. It needs a four-fifths vote and it's a resolution, Mr. Manager, Frank. This is a property on 3255 Plaza Street, Elizabeth Virrick Park. Do we have a motion? Commissioner Sanchez: So moved. W. July 9, 2002 Chairman Regalado: It's been moved. It's 8. It's a resolution, needs a four-fifths vote. It's professional services. Commissioner Sanchez: Mr. Chairman, it's a public hearing. Chairman Regalado: It is a public hearing, yes. It has to do with a park. It's a Boy's and Girl's Club of Miami, the provider, and athletic and counseling programs available to the community of Virrick Park, so this is a public hearing. We invite anybody from the public to address the Commission on this matter. Being none, we close the public hearing. Do we have a motion and a second? All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-811 A RESOLUTION OF THE MIAMI CITY COMMISSION BY AN AFFIRMATIVE FOUR-FIFTHS (4/5 THS) VOTE, WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE ADMINISTRATION OF EDUCATIONAL, RECREATIONAL AND CULTURAL PROGRAMS AT THE CITY -OWNED PROPERTY, LOCATED AT APPROXIMATELY 3255 PLAZA STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS ELIZABETH VIRRICK PARK (THE "PARK"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BOYS AND GIRLS CLUBS OF MIAMI, INC. (THE "PROVIDER"), FOR THE PROVISION OF ATHLETIC AND COUNSELING PROGRAMS AVAILABLE TO THE SURROUNDING COMMUNITY OF THE PARK, AT AN INITIAL TERM OF FIVE (5) YEARS, WITH THE OPTION TO EXTEND THE AGREEMENT FOR THREE (3) ADDITIONAL FIVE (5) YEAR PERIODS. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Regalado: It carries. July 9, 2002 23. WAIVE COMPETITIVE NEGOTIATION PROCEDURES FOR PROVISION OF PROFESSIONAL SERVICES FOR ADMINISTRATION OF EDUCATIONAL, RECREATIONAL AND CULTURAL PROGRAMS AND ACTIVITIES AT CITY OWNED PROPERTY, LOCATED AT 3255 PLAZA STREET, ELIZABETH VIRRICK PARK; AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH COCONUT GROVE CARES, INC. Chairman Regalado: It has a four-fifths resolution, needs a four-fifths vote. It's the same, Coconut Grove Cares. It's been moved and second. We open the pubic hearing; anybody from the public who wishes to address the Commission on this matter? Priscilla A. Thompson (City Clerk): I was looking for the second. Commissioner Sanchez: I seconded, yes. Chairman Regalado: Winton and Sanchez. We close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-812 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/51H) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT THE USE OF COMPETITIVE NEGOTIATIONS ARE NOT PRACTICABLE OR ADVANTAGEOUS; WAIVING COMPETITIVE NEGOTIATION PROCEDURES AND APPROVING THE ACQUISITION OF PROFESSIONAL SERVICES FOR THE ADMINISTRATION OF EDUCATIONAL, RECREATIONAL AND CULTURAL PROGRAMS AND ACTIVITIES AVAILABLE TO THE SURROUNDING COMMUNITY OF THE ELIZABETH VIRRICK PARK (THE "PARK"), AT CITY -OWNED PROPERTY LOCATED AT APPROXIMATELY 3255 PLAZA STREET, MIAMI, Florida, FROM COCONUT GROVE CARES, INC. (THE "PROVIDER"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PROVIDER FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL FIVE (5) YEAR PERIODS. 100 July 9, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez 24. DISCUSSION CONCERNING DESIGNATION OF 1995 SANITARY SEWER BOND PROCEEDS, ORIGINALLY INTENDED FOR COCONUT GROVE AREA, TO BE APPROPRIATED TO OTHER AREAS WITHIN CITY FOR PROJECTS ALLOWABLE UNDER BOND DOCUMENTS. Chairman Regalado: Item 12, we did that? Carlos Gimenez (City Manager): No, sir. Chairman Regalado: OK. Marcelo Penha: Marcelo Penha, Budget Department. Item 12 is a discussion regarding the 1995 sanitary sewer bonds that we're anticipating reallocating part of it in this appropriation and then just giving public notice of future allocations. Chairman Regalado: OK. Where's the City Attorney? Commissioner Teele: Move the item, Mr. Chairman. Chairman Regalado: OK, the item has been moved. Anything that we should, you just want to add to that? Alejandro Vilarello (City Attorney): Simply to provide a pubic advertisement that we were changing use of the proceeds. There's no action necessary. It was advertised (UNINTELLIGIBLE) in the agenda. Chairman Regalado: So we don't need any action on this? Commissioner Teele: I thought we were approving the advertising of the notice. This is going to be noticed is that right? Mr. Gimenez: It already was. It was noticed for today's meeting. It's not in your agenda package, and I was asking that they please provide the City Clerk with a copy of ad so the record would be clear. 101 July 9, 2002 Chairman Regalado: So do we need a vote? Mr. Gimenez: No action is necessary. You should allow any members of the public, who might want to speak on this item, to speak. If none are heard, then conclude the item. Chairman Regalado: OK, this is a pubic hearing, so this is Item 12. Anybody from the pubic? This item was deferred from the meeting of June 27th. Being none, we close the pubic hearing. 25. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12128, ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002; APPROVE CHANGES TO TABLE OF ORGANIZATION ADOPTED SEPTEMBER 25, 2001 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002. Chairman Regalado: We'll move on to Item 13. It's an emergency ordinance and it requires a four-fifths vote. It's a Johnny's ordinance, $6,000,000, right? That's not the $6,000,000 man? Carlos Gimenez (City Manager): No, this one is a different ordinance. Chairman Regalado: It's more money? Vice Chairman Winton: It was seven. Chairman Regalado: Mr. Manager. Mr. Gimenez: Mr. Chairman, if we could, we'd like to take 13-A first and then come back to 13. Chairman Regalado: OK, 13A, it requires a four-fifths vote an emergency ordinance and is capital improvement projects --- Commissioner Teele: 13A, this isn't capital improvements, is it? Vice Chairman Winton: No, this is operating. Chairman Regalado: 13A, it's appropriations for capital improvement. Vice Chairman Winton: No. Marcelo Penha (Acting Director, Management and Budget): It has operating and capital improvement and what you're getting handed out is actually the motion passed today regarding the Commissioners' increase in budget of 30,000. Commissioner Teele: That's a part of 13A? 102 July 9, 2002 Mr. Penha: That's being handed to you right now, the revision to include that. Commissioner Teele: As a part of 13A? Mr. Penha: Correct. Vice Chairman Winton: Now, could we hear what this is? I don't want to -- I want to hear what this is all about, the details. Mr. Penha: OK. Basically, for the general fund, there's an appropriation -- Chairman Regalado: Before you do, Mr. Manager, why is it that you want 13-A first and then go back to 13? Is it any reason? Mr. Gimenez: Well, because we have a number that the item corresponds back to Item 13, so we need Item 13-A passed before we get Item 13 passed. It relates to one another, but it should have put 13 -- 13-A should have been 13, and then 13 should have been 13-A. Chairman Regalado: There is nothing weird here. It's just the agenda made a mistake. Mr. Gimenez: Right. Chairman Regalado: 13-A goes before 13. Commissioner Gonzalez: I have some questions, Mr. Chairman, on this. Chairman Regalado: On 13-A? 13-A, you said, Angel? Commissioner Gonzalez: Yes, on 13A. OK, this is a proposed revision including increase totaling $6,666,500 to the operational of budget of media relations police. Why it's increase for the police department? Vice Chairman Winton: Well, actually, I asked the same question. I was hoping -- I want to know what all these details are because I don't -- Commissioner Gonzalez: I'm concerned with the increase for the police and I'm also concerned with the increase for solid waste. Is it going to include improving the equipment or are we talking labor or -- Mr. Gimenez: Most of the cost, but not all of the cost for solid waste, is dealing with -- we have increased cost in the tipping fee because we have the Clean Up Miami campaign. We are picking up more garbage. Therefore, it's costing us more in Dade County to deposit of the waste. That's all of it, right? 103 July 9, 2002 Commissioner Gonzalez: Well, we're adding this up. I don't know. This doesn't relate -- what I was going to say doesn't relate exactly to this emergency ordinance or whatever, but Mr. Manager, I believe that we need to do something in order to start improving the appearance or the looks of the solid waste equipment. We have some trucks out there picking up garbage. They look a real, real bad image to the City of Miami. I don't know if those trucks could be painted or pressure cleaned or whatever, and something else that I noticed during my business visit to solid waste for the solid waste committee meeting is that some trucks are painted orange, some trucks are painted white and some trucks are painted some other color so you know. Some of the trucks, I noticed, are even missing the seal of the City of Miami. We don't know if it's a garbage truck that belongs to a private entity or if they belong to the City of Miami, and I believe that we need to be a little bit more prouder about our departments and the equipment that we have out there. Mr. Gimenez: Yes, sir, we will standardize color. We'll make sure that every truck is identified and the ones that are, we'll try to clean up the ones that are not up to par. Those are probably some of the older trucks and we'll do the best that we can. Chairman Regalado: OK. Could you give the details? Commissioner Winton has information and then we all benefit from -- he wants all the details of this ordinance. Mr. Penha: OK. Solid waste, we just discussed, that was a $1,800,000 increase. In Department of Risk Management, there's -- Vice Chairman Winton: On the $1,800,000, so you're saying that the Clean Up Miami campaign generated a million, eight in new costs all by itself? Mr. Penha: It's not the full 1.8. It's contributing -- there's an additional cost, which is picking up more garbage, and also there's the increase in tipping fee charged by Miami -Dade County. Vice Chairman Winton: But didn't the tipping fee increase, get put into our budget? Mr. Penha: We anticipate the tipping fee -- actually, it increased, I want to say, recently, June sometime. Vice Chairman Winton: I mean -- but doesn't it get increased the same time every year or can they just unilaterally increase the tipping fee anytime they want? Mr. Penha: I'd have to ask Solid Waste for the specifics. I think the large portion of that really has to do with the clean-up campaign, the City just picking up more tonnage. Commissioner Gonzalez: Should or we are sure that we're going to be picking up more? Mr. Penha: According to billings, we are picking up more tonnage. Vice Chairman Winton: Well, go to the next one while we're waiting on Mr. Patterson. 104 July 9, 2002 Mr. Penha: On the Risk Management Department, there is a $2,700,000 for property insurance liability. Basically, that's the effect of the market after September 11th. It reflects about an 80 or so percent increase, and from my understanding, that is typical of what's going on in the market with property insurance. Group insurance is about $800,000. Our group insurance have increased substantially in the last couple years, and we are anticipating more than was budgeted. That's Risk Management. And the Police Department, there's a $500,000 for overtime that deals with the effects of 9/11, basically putting more officers out there, and the second item is the earned -time payoff. Basically, in the Police Department, from previous years, they would generate enough salary savings to cover this item. They will not have salary savings this year and they were not budgeted for that. Vice Chairman Winton: I don't understand what that means. Mr. Penha: Earned -time payoff? That is -- Mr. Gimenez: Police officers earn what's called earned -time. They earn that either through when there's a holiday, they get a certain amount of hours to a bank. It's called "earn time." That, contractually, is paid out a certain time of the year. Normally what happened was the costs were taken out of salary savings. There will be no salary savings in the police line item, so we need to budget for that. We need to get the 800,000 to pay for the earned time payoff, which is a contractual issue. In terms of the overtime, it's already been explained that was 9/11. Commissioner Gonzalez: So that is to cover overtime that was produced --- Mr. Gimenez: Well, we had police officers at the MRC (Miami Riverside Center), we had police officers here. We continue to have police officers here. Those are not originally budgeted in our previous budget and these are cost that came up as a result of 9/11. Commissioner Gonzalez: All right. Mr. Penha: And the Media Relations Department, there is an increase of three positions and a dollar value of 66,500. That is restructuring of Media Relations and this is the prorated amount for this fiscal year. Commissioner Gonzalez: OK. In Media Relations, Mr. Manager, I have a comment. This past weekend -- and it hasn't been just the last weekend -- I have noticed on different occasions on weekends, I don't know what the problem is that whenever you turned to Channel 9, what you see is an ad that says "Windows 2000." I don't know what else. Enter password and that goes on and on and on for hours and hours and hours and we don't have any programming. Mr. Gimenez: I don't have the answer to your question. I'll find out. Maybe it is technical. Chairman Regalado: But at least give us a password, you know. Commissioner Gonzalez: At least, give us the password so we can at least access some kind of programming. 105 July 9, 2002 Chairman Regalado: Somebody is -- I know what is happening, and the problem is that the station is not being monitored and if it is, someone should have permanent access with the password. Because if you don't have the password, you cannot access the programming and what you have is probably the machine freezes, but if you don't make the password accessible to the person, whoever is on call, that will continue. This has been happening for many days and many weekends and just this week is happening. I don't know the answer to that, but I think that the logical thing would be to have the password. If it gets freezes on that particular person, then they should have the password there. Somebody may come in, do the password and access, and that's in. Mr. Gimenez: Kind of sounds like the computer is rebooting itself, maybe through a power outage or something like that, and the computer stops, has to reboot itself, and it asked for access to it. I'll make sure that somebody's monitoring it and if it happens, that if they get the programming up and running because it's all computer controlled. Chairman Regalado: Because it's much better to be up here than to have that annoying thing on the screen. It's much better to have the computer shut down and go off the air, if we cannot provide the programming that we are supposed to do, OK. Mr. Penha: Also, just a note on the printed version. There is a name change for the Office of Media Relations to the Department of Communications. There's also about a million one of AT&T settlement reserve and cable subscriber fees that's going into media relations capital. It has to do with the renovations here at City Hall, the dais and equipment for Media Relations. Chairman Regalado: But that's it's coming out of the AT&T (American Telephone & Telegraph) pool, so it's not coming out of the general fund? Mr. Penha: No, sir. Chairman Regalado: OK. Mr. Penha: And the final item, which was included today in your handout, was the appropriation for the Commissioners budget. That's the --- Chairman Regalado: Anybody has any questions? Vice Chairman Winton: Yeah. We still have Mr. Patterson here to answer the question on Solid Waste. There was 1.8 million increase in Solid Waste. They said that -- I think first explanation was, it was tied to the Clean Up Miami Campaign and tipping fees. I think were the two, was that right? Clean up campaign and tipping fees. Mr. Gimenez: Yeah. There's also an incremental -- there is the higher tipping fees, if you go to a transfer station. We're using a transfer station more now when we use the one -arm bandits. I think that's the explanation. 106 July 9, 2002 Clarence Patterson (Director, Solid Waste): That's part of it, but we've also had an increase of volume of waste generated. In addition to the increase that Dade County passed on to us on the disposal fees, which equals $4.35 per household, and of course, that will also increase again in our next fiscal year. Vice Chairman Winton: But that's in our budget. Mr. Patterson: No, it was not budgeted. Vice Chairman Winton: Why? Mr. Patterson: When we got the notice from the County, the budget was already adopted and -- actually signed, so we didn't budget it. We budgeted the same amount that we had the prior year. Vice Chairman Winton: Oh, we budgeted a zero increase in tipping fees from the County for this year? Mr. Patterson: Right. The other Interlocal agreement that we have with Dade County says that they may increase based on the CIP [Consumer Price Index] and, of course, that comes out in late July, and by that time, our budget is already adopted -- well, not adopted, but already prepared and submitted, and it didn't go in with the original. Vice Chairman Winton: Well, isn't it -- and I'm not sure I understand this concept because I know that we put CPI increases in every other thing out there, so why wouldn't we have a CPI increase in our budget for tipping fees if the County is allowed to do it? I mean, why would we budget when we're allowed to do that? Mr. Patterson: That is a part of the interlocal agreement that we entered in with Dade County. Vice Chairman Winton: Well, this is really a question for the Manager. Do we have other departments that forget to budget the real potential increase there or is there something else going on? Mr. Gimenez: No, this is it, and there may have been a (UNINTELLIGIBLE) forecast this increase and I don't know what portion of it is, the increase. We will certainly jot or put some kind of factor in for next year's budget so we don't have this midyear. One thing, though, it does do is it kind of shows that the increases -- a lot of the increases in Solid Waste are due to factors that are out of our control; that's Dade County and their increases, and they just continue to go up and up, and as Mr. Patterson said, this increase -- that one particular increase amounted to about $4.00 per household, and I know we just got another notification of another increase will probably take us another four or so dollars. Vice Chairman Winton: What percent is that, by the way, that increase? Mr. Gimenez: 2.25 percent. 107 July 9, 2002 Vice Chairman Winton: Was CPI that high? Somebody ought to check the number. Mr. Patterson: We'll check it for you. Vice Chairman Winton: Check the real consumer price, check whatever the -- Mr. Patterson: The southeastern region -- Vice Chairman Winton: I'm sure in the contract they talk about whichever index you're supposed to use and we ought to check that index against what their increase is, because you know they're pretty good at figuring out new ways to get a little more revenue out of us, and we might as well be doing our own math with them. Thank you. Commissioner Teele: Mr. Chairman, I'd like to just understand again. What was the total amount for the police department? Mr. Director? Mr. Penha: The Police Department increase was 1.3 million. Commissioner Teele: And how much of that was for the time -- what do you call it? Mr. Penha: Earned time. Mr. Gimenez: Earned time was $800,000. Commissioner Teele: Raul -- Mr. Chief now, what was said proves, I think, that the budgeting process is beginning to work because the budget document is no more than just a historical compilation looking forward with anticipation, and one of the things that we always ask is, has anything been left out now? It's not our fault. It's not the Commission's fault because we asked you and all of the other department heads and I guess the thing that is very -- the thing that we have to be really careful about is relying on subordinates who somehow felt that the old process was going to work its way out, and the most disturbing comment is the comment of the Budget Director, who basically -- who is acquiescing to what has happened in the past and admitting, just candidly, which is pretty bizarre to me, that we thought we'd make it up out of savings out of salaries, which means we've always over budgeted salary, as opposed to budgeting the salary for the number that it is and budgeting the earned time, so the question in my mind is, over the last three or four years, what has been the number that we have budgeted in our budget at the beginning of the year for earned time? Because I must tell you, I'm learning something today -- and maybe you are too -- but there should be a line, that $800,000 line, that's what I want to -- Mr. Gimenez: It's $800,000. Commissioner Teele: There shouldn't be a reoccurring $800,000 line, and what this is, this is flushing out now the old shell games that have gone on where you know everybody knows it's there, but we'll take it out of here and move it over there, and so I just wanted to get you to, at least, talk to the people that are working with you and the budgeting process to see if we can 108 July 9, 2002 figure out how to make sure we got all these numbers to line up. Because $800,000 anticipation of savings, even in an $80,000,000 budget, which is your direct budget -- recognizing you're fully loaded budget -- a part of it is in Risk Management and a part of it's in GSA (General Services Administration) and a part of it's spread over the City -- is a pretty staggering number and if we don't appropriate, then you've got a problem. Chief Raul Martinez (Chief of Police): Commissioner, you are right. I apologize for this not being on this year's budget. I can guarantee it will be in next year's budget. I was told though that was the buyout of people that retired. When they retire, they have three, four hundred hours worth of EO (earned overtime) time, whatever it is, and we contractually have to pay them when they leave their sick time and their EO time. We had to take a look and see how many people cashed out the younger retirees their EO bank because that does happen, but doesn't happen that frequently to do that. Commissioner Teele: Now, is that time -- but see, I thought that number was in a -- what they call a nondepartmental account and they charge these big numbers against that. Chief Martinez: That's what I thought, too. I thought when people retired, there was an account that pays for your payout check. Commissioner Teele: There used to be a nondepartmental account that was -- I remember this occurred when Ann left. When she left the City, she had like 15 years or some ungodly number. It would have been my whole budget, and I went to the Manager's office and I said, you can't charge that to my budget, and they said, no, they pay that out of nondepartmental accounts, which is a fair way to do it. Chief Martinez: The Budget Director is correcting me. He's saying that still does happen. I still find it hard to believe -- maybe they're right -- that offices has cashed out that number of EO hours during this fiscal year, but I guess if we're paying them. These are offices that work overtime, don't get paid immediately for the overtime; they bank them for hours and at some point, they cash them out. Commissioner Teele: Are we living up to our contract with the union? Chief Martinez: As best as I know, yes, sir. Commissioner Teele: Thank you, and the final thing on this, I think Commissioner Winton has just put his finger on a very important problem and that is, if we have an interlocal agreement -- and one of the things, Mr. Manager, that I have said repeatedly and I continue to say this because I know, drawing on my experience with the County, the County has a unit in the budget office that does nothing but keeps up and reviews interlocal agreements, and every time we turn a corner here, we find a new interlocal agreement, for example, with libraries, where we signed an agreement back in the `50's or early `60's that oblige us to acquire land, for example, and there's just all these interlocal agreements. Somebody ought to be bizarre of interlocal agreements, and we need to begin a very detailed process, probably with consultants or outside people, that can just come in and identify and analyze all these interlocal agreements. Hiring a bunch of staff 109 July 9, 2002 people, I think, to engage in the interlocal agreements, then they're going to all -- but we really need to get a handle on the interlocal agreements because what Commissioner Winton and the Director were talking about is contained in the agreement, and if it's got a cost of living escalator in it, we're not being very diligent as Commissioners in not factoring it in. You think the County's going to leave it on the table, so again, I think the budget process is light years ahead of where it was three, four years ago. It is obviously getting better and better because you're beginning to flush out these kinds of issues now, and I support the budget adjustment because I think this is not a time for recrimination; this is a time to learn, and it's really important that the department heads, Mr. Patterson, the Chief, and everybody understand what's happened so that we can avoid that in next year's budget, so I commend you through this learning process, is what I'm saying, because we are going through a learning process and the budget process is light years ahead of where it was three years ago. Mr. Gimenez: Commissioner, we see -- partly, we had an oversight in two places. One, we didn't factor in for the cost of living, for the tipping fees, and the other one was for the police earned time payoff, but a lot of these adjustments are just basically out of our control. The 85 percent rise in the property insurance rates because of 9/11, nobody could see that coming, so I mean, that's just one of those things, and there is another million dollars or so that's contributed to capital projects. A budget is a forecast and it's something that we try to live by and all, but there are things that happen throughout the year that are going to throw you off, and we have to come midyear and steer the course straight again and this is the process, and I think it's a lot better than what we're used to and it's a lot more clear, it's very transparent, and there's the revenue. These are the expenses -- and these are reasons why we're asking you to approve the midyear appropriations or this ordinance. Commissioner Gonzalez: Mr. Manager, during the Solid Waste Committee meetings, I addressed an issue that is very important in reference to the efficiency of solid waste and to cut cost. Mr. Patterson, you know what I'm talking about, and I hope that we're following up on making sure that we're addressing the problem of the apartment buildings. The situation is this - - what I have noticed in my district. You have an apartment building that may have 24 units or 30 units and the size of the container that they have is very small or is not being picked up often enough. What causes that is that once the container is full, people start throwing the garbage on the street; and who picks it up? The City of Miami. Who pays the dumping fee? The City of Miami, so I don't know if the Solid Waste inspectors are working on this, Mr. Patterson, or if we somehow can make the private haulers responsible for notifying you of any building that doesn't have a large enough container or it's not being picked up often enough so these people do not continue to dump on the streets of the City of Miami, because at the end, we are the one that are picking up and we are the ones that are paying the bill for these apartment buildings, so I just wanted to put that on the record. That is something that can bring quite a few dollar savings to the City of Miami. Mr. Gimenez: Yes, sir, and today's Item Number 20 will address a lot of the concerns that you have as far as stipulating the size of containers, depending on the number of units and the number of days they're to be picked up. Mr. Patterson might like to elaborate what's going on. 110 July 9, 2002 Mr. Patterson: That's in Item 20, coming for you today. The ordinance you have worked with us on the Solid Waste Committee to develop. Commissioner Gonzalez: Thank you, sir. Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: OK. We have a motion. Do we have a second? We close the public hearing. It's an emergency ordinance. Read the ordinance, 13A. Roll call. Priscilla A. Thompson (City Clerk): The ordinance has been adopted, 5/0. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001 & 2002; FURTHER APPROVING CHANGES TO THE TABLE OF ORGANIZATION ADOPTED SEPTEMBER 25, 2001 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None. 111 July 9, 2002 Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12252. 26. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12128, ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002. Chairman Regalado: 13. Maria J. Chiaro (Assistant City Attorney) Item 13 is an emergency ordinance of the Miami City Commission -- Chairman Regalado: Wait. Do we have a motion to move 13? Commissioner Gonzalez: Move. Commissioner Teele: Second. Chairman Regalado: OK, we have a motion and a second. This is a pubic hearing. Anybody from the public on 13 wish to speak? Being none, read the ordinance. The ordinance was read into the public record by title by the Deputy City Attorney. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir, before the roll call, Commissioner Teele. Commissioner Teele: Commissioner Winton, I want to establish on the record with the Manager, very clearly, because this is a matter which is your problem, but if it goes wrong, it's blamed on me. Vice Chairman Winton: I was listening to my voicemail. 112 July 9, 2002 Commissioner Teele: Oh, I'm sorry. I said I want to make sure that we're straight on one thing: it's your problem, but if it goes wrong, it's blamed on me. We have a situation now with the park -- what's the name of that park? Margaret Pace Park, which is not owned by the CRA (Community Redevelopment Agency), not managed by the CRA, nor will it be owned or managed by the CRA, in which the CRA agreed to be the expediter of the project because of the Safe Neighborhoods Bond money. We received noticed, I'm advised today, by the contractor that they're going to stop work on this project, in writing, because they have not -- they're having some trouble being paid. I discussed this with the Manager. I just want to make you very aware, Commissioner Winton, of how this system and how this process works. We've all agreed to expedite projects. We've all agreed to get projects done, and the contractor for any number of reasons has not been paid by the CRA. There's not a shortage of money, nor a shortage of commitment and, to the Manager's credit, he convened a meeting within the last week, the last three or four days really, week or so, and I think most of the issues, like just the loading of the budget and the proper allocation has been done, but again, if this project does not pass, then project work will stop at Margaret Pace Park. Because one of the problems is, we said let's go out there and do it. I know the Orange Bowl is in here. We have not started work there, but we have a totally different situation when we've got work underway, and that's what I want to apprise you of, that it's my understanding that the money earmarked from the Safe Neighborhood Bond money for Margaret Pace Park is in this document. It's not spelled out in here, but somewhere between the lines and in the details and the notes. Carlos Gimenez (City Manager): Yes, sir, and we'll be able to make that money available immediately. Commissioner Teele: OK, so we need to walk this up to the Mayor's office and see if we can get the Mayor to sign this, because if the Mayor takes 10 days or whatever period of time, we're going to have a problem with the contractor, and I just want to -- you know, I started to look at some of this stuff now because, candidly, this is not my expertise, finance, at all, but I'm looking at it and these are the day-to-day problems that are out there when you're trying to expedite these projects, and I just wanted to bring your attention to the fact that a substantial amount of dollars is tied up in this project when we go to the Margaret Pace Park. If it works out well, we'll all be taking -- the people that we read about in the Herald before will be taking all the credit and the bows, et cetera, but if this thing goes wrong, you know, it'll be more CRA discussions and headlines, so we got both headlines, the one when we started and the one when it got in trouble, and this is just an administrative problem that somebody's got to pay attention to and, candidly, it's beyond my pay grade and beyond my expertise. Chairman Regalado: OK. We have a motion and a second. It's an emergency ordinance. It requires a four-fifths vote. Read the ordinance. Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance has been adopted, 5/0. 113 July 9, 2002 An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND TO MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO COMMENCE IN FISCAL YEAR 2001 & 2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gonzalez and seconded by Commissioner Teele, 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. Whereupon the Commission on motion of Commissioner Gonzalez and seconded by Commissioner Teele, 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. 12253. 27. DIRECT MANAGER TO DEVELOP PROCESS AND COORDINATE MANAGEMENT TEAM TO MAKE RECOMMENDATIONS REGARDING FINANCIAL STRUCTURE OF COMMUNITY REDEVELOPMENT AGENCY (CRA). 114 July 9, 2002 Vice Chairman Winton: Mr. Chairman, I hate to get into this, but I've been sitting here thinking about what Commissioner Teele just said and I'm trying to figure out a way not to get in it because I know we would all like to get out of here at a decent hour, but I'm -- Chairman Regalado: Let me ask you this, do you -- if you want to talk about Margaret Pace Park, is that what you want to do? Vice Chairman Winton: Well, no, I really don't, but I'm really bothered that I don't. Chairman Regalado: I'm just asking because we have a time certain of the CRA (Community Redevelopment Agency) that was requested by the Chairman of the CRA, and if you want to do it within the CRA framework, it's fine. If you want to do it now, fine. Vice Chairman Winton: Well, it sounds like it fits in both, you know, because it's a City and it's a CRA and it sounds to me like it's -- that's -- Commissioner Teele: Mr. Chairman, I ask for 5 o'clock time certain for the City Commission to discuss the CRA finance and budget issues that have been raised and that is on the agenda for time certain at 5 o'clock. In addition, I think we asked for a deferral for one item or two items from the CRA, which was set for what time, 5 o'clock as well? So with the permission of the Chair, if that item is disposed, I would call for the order of the day and allow there to be some discussion on this issue on the CRA, the budget issue, finance issues, as well as the Margaret Pace Park or anything else, because I think a part of what I'm reading and hearing is number one, and two is that one board member is saying that he's not voting for anything until he has better transparency and better understanding and I think that's a fair request. Nobody wants anybody to vote on something without knowing. I'm prepared right here, right now to ask that the City or the County or both to make recommendations. I'm not at all -- Chairman Regalado: Should we start the CRA meeting now? Commissioner Teele: No, I'd rather have this as a City Commission meeting because that was what the item was. Because I think, consistent with my request, was that the Commission discuss -- and, of course, the media is widely covering, and it's very distressing to me to learn that at least one board member feels it's necessary to say they're not going to vote on something, on anything, and another board member has asked for the financial advisor to the Mayor to basically make advice, and I think what we need to do is two things: First, we ought to recognize, as a Commission, that number one, we don't need to have this organizational structure for the CRA, and I think that it would be very good if the Commission directed the City Attorney -- something I recommended that Commission Gort chair up two years ago, just so the record is clear, an alternative process to the CRA in terms of the Board of Governors, and I have been in favor of that, I continue to be in favor or that. I see no reason to continue the governing structure that we have, and I think we ought to look at it separately and individually for the Omni and for the Park West -- Southeast Overtown/Park West, or for that matter, whether or not we want to even continue the CRA. I'm open to all of these things. The only thing that I'm not open to is, basically, reversing the commitment to try to restore Overtown and, to a lesser extent, but to a very real extent, Park West to some sense of financial prosperity, consistent both with what has 115 July 9, 2002 happened in the past. The impact of I-95 and 395 on both communities, but most particularly Overtown, and candidly, what needs to happen is, there needs to be an open process, probably a workshop, but you know, it's very difficult to function under a redevelopment, board of directors, state law and at every other turn to have people who have not read the law or do not understand the law making statements, who supposedly are providing assistance and advice. I spent one of the worse 45 minutes of my life today with Oscar Corral. I said three times the same thing: The CRA never, never, never asked the City's Asset Management to dispose of some profit. For some reason -- and I've got the transcript here now -- they can't do that, and the rules for the City, as it relates to the disposal of property, don't even apply to the CRA, and the transcript is very clear. What we asked for was for them to provide an outside, that is, a third party, but if a third party is going to provide advice, they've got to provide advice not unto the City charter or the City ordinance, but they've got to provide it under Chapter 163, so you know, a lot of this has to do with the fact, candidly, when I marched in here as an usurper County Commissioner in 1994 and demanded that the City stop doing the CRA the way they were doing it. In 1994, the City didn't even have CRA board meetings. Most of the transactions that were taking place took place where the City would say we're CRA, blah, blah, blah, and move on. They didn't have board meetings. It was in `94 that it started. I have had this position ever since I'd realized, as the District 3 Commissioner in the County, just how badly and how much lip service was being paid to the redevelopment of Overtown. None of the infrastructure is in place, none of the infrastructure that the City has the total obligation for or the government does has been put in place, and now I'm having the City staff to basically criticize ignorance of Chapter 163. I was in a meeting today where I was asked the same question four times. Why did you ask the City to dispose of P5 if you didn't want them to? What was asked for was for the City to provide the advice that is mandated under Chapter 163, which is what is the fair market value for which the CRA board may or may not choose to use that. As the City Commission, we must use it. As the CRA board, it says -- what's the correct term, Mr. Attorney? The CRA board must dispose of property -- Alejandro Vilarello (City Attorney): Under the statute, it can dispose of property for fair value. Commissioner Teele: For fair value, which could be for $1 under a certain set of circumstances, or 50 percent of the land price. The crazy thing about all of this ignorance is, we said, as a board, that we're going to double the fair market value, so the only time the fair value comes in is if you're going to dispose of property for less than fair market value, but the only way you can get what is fair market value or what is fair value is under the law, it implies. It doesn't say it, but you should seek the advice from the City in determining what that is, and if you're going to dispose of it for less than that, then you have to have their approval. If you're going to dispose of it for less than fair value. Mr. Vilarello: Fair market value is a term that we're all familiar with. It's established through appraisals, et cetera. In the statues, the disposal is by fair value. When you dispose of property - - when a CRA disposes of property for less than fair market value, that's when it requires additional input from other sources to determine whether that's in the best interest of the CRA. Vice Chairman Winton: Which source would include the City? 116 July 9, 2002 Mr. Vilarello: Commissioner just pointed out that, in this case, the set price is actually in excess of fair market value, so it wouldn't even normally bring in that additional review. Commissioner Teele: But you don't know that unless you know what their determination of fair market value is, but the point that I'm only making is this, I am totally and open and hopeful that the City Commission will look to the Manager, as I have done on at least 15 different issues, from utilities, from planning, from overlay districts -- there is rarely a month that goes by that we don't ask the Commission -- the CRA Board doesn't ask the Commission, through the Manager, to look at something or to advise on something, and I am totally open to seeking that advice on financial and budgetary matters, and I would like to ask -- since Ms. Haskins has been asked to look at the matter, I would like to ask that the Mayor's office be asked to coordinate a financial review of the CRA in the context of Chapter 163, but the damage that can be done is that people don't read and understand the rules by which the CRA operates and those rules are 100 percent different in many areas from the role and mission of the City Commission. Then what we're going to do is waste a lot of time and get a lot of misinformation out there. I think, Alex, it's very fair to say that I have gone to school on this process over the last three years. The City Attorney's Office has gone. I think they've made a lot of internal efforts. We've all had meetings and conferences. We brought in outside lawyers that are experts in this. This is not something that you just sort of know the day you were elected, and it's not something that a Commission title or a board member title automatically, by osmosis, is conveyed, but neither is it something that a department director or a City Manager or a City Attorney gets through osmosis, because the truth of the matter is, as I will remind this Commission and the City employees that were here in '94, that I have objected to the manner in which the City of Miami has dealt with the CRA process for at least 10 years, and at least eight years on the record, and when you go through the financial transactions of the City -- you see, the problem with some of this stuff is this -- because I'm a City Commissioner, there are certain things I don't say, but the law is very, very clear. The City is to do certain things in accordance with the state law. For example, if there's money missing, the money that's missing is where the City deposits into the CRA account based upon the TIF (Tax Increment Fund). Vice Chairman Winton: Say that again. Commissioner Teele: The County is saying, why don't we raise the question? Everybody's got their little axes to grind and nothing anybody would like better than to see the City and CRA have a fight and County's beneficiary, but the County has looked at this and said, we make our check -- we make our payments to the CRA in accordance with the state law. Why doesn't the City? I asked Ms. Lewis, go back and check. Go back and audit this matter. It's unauditable [sic]. We can't find where the City's made certain payments into the CRA, and this isn't the Warshaw parking lot money that was going from the parking lots to Gusman and, by the way, the CRA does not and, in my judgment, should not, under severe circumstances, be involved in the collection of money. All of the parking venues were managed through the Off -Street Parking then, as they are now, but the fact of the matter is, hundreds of thousands of dollars were diverted. The fact of the matter is that the City of Miami conveyed the land the old arena sits on, sitting as the CRA board, and then for a dollar, and then, at the same, there's a transaction, which is legal if it were done by the CRA board, for a dollar, and then at the same time it sold it to 117 July 9, 2002 MSEA (Miami Sports and Exhibition Authority) for how much? How much was it sold to MSEA for the same day? Mr. Vilarello: I don't recall that transaction, the specifics. Scott Simpson: Scott Simpson, Director of Finance. Approximately $6,000,000. Commissioner Teele: So, you know, I don't go out -- you know, nobody's trying to -- because when you start this kind of stuff, you play into the hands and, candidly, what it begins to look like is, "There they go again and here you go," but I think with a clear sense towards transparency and competency, there needs to be a role in the interlocal agreement, which is up now for negotiation. I think it's the best mechanism to accomplish this, whereby we can spell out a series of things in the interlocal agreement and how they will be done and how they should be done, and I would hope that the Commission would approve a process of asking the Manager and the Mayor, not to the exclusion of an individual Commission member, to put together a management team to come in and make recommendations regarding the internal operations and procedures and roles and responsibilities for the City and the CRA and to be codified as a part of the interlocal agreement. That's the way to preserve both roles and I -- Vice Chairman, if you would allow, I would so move. Vice Chairman Winton: We have a motion on the table from Commissioner Teele. Commissioner Sanchez: For what, financial review? Vice Chairman Winton: It's much more in depth than that. Commissioner Teele: What I'm asking for is much more in depth than a financial review. A review of the finances and the financial structure and methodology and who does what because - Vice Chairman Winton: And structure, internal structure. Commissioner Teele: And the internal structure, as well, and for those recommendations to be made part of the interlocal agreement. Commissioner Gonzalez: Second. Vice Chairman Winton: Motion and a second. Discussion? Commissioner Sanchez: Thank you, Mr. Vice Chairman. I think that's a great idea. I think that once you open the door for individuals that want to question or they're looking at something that may seem like it's not doing the appropriate things. There's been a lot of questions. One of the things I want to put on the record is, yes, I have been the outspoken one in the CRA. It has never been personal; although, they want to make it personal in some ways. The article in the paper has both of our pictures on it. It's never been personal. I've always said that, as a Commissioner, I have a fiduciary responsibility and I had a lot of things that I wasn't too thrilled 118 July 9, 2002 with the CRA and there're some things that I was thrilled with, but I displayed them in a democratic process by voting no when I felt that, one, I wasn't well informed. Two, the concept wasn't crystal clear to me or it wasn't explained to me. We have a task here wearing many hats, City Commission, Bayfront Park, Orange Bowl Committee. You name it, we have it. The audit itself that was brought to life on the management letter taking so long was something that really concerned myself and some of the other Commissioners here. Why did it take so long for that KPMG to give us the management letter? Well, when the management letter came out that may not have all the documents necessary, it had given recommendations just along with many other auditors that give recommendations to the past that were never done at the CRA. Some things were corrected. Some things were never corrected, just leading a bad pattern of year after year after year of poor accountability and poor process. The issues that I could bring out that were concerns, one was lack of information in the agenda. I always said that, you know, people didn't like it, but it was something that really concerned me. On a financial record, same thing; money adjustments were going from here to there, very poor information, and you know, you have to only blame one person on that and you have to blame the staff that prepares all those documents. That's how I look at it. I don't want to put the finger on anybody, but the process itself has been very, very poor. The accountability has been very poor, and I stated on the record how I voted on the issue. I'm not ashamed of how I voted. I voted on the issues because I felt they were wrong. One of the things that brought out -- and you know the CRA is a very complicated process, Commissioner Teele. You're absolutely right. You have to know it. You have to study and in many ways, I feel like we were putting a piece of puzzle together and the only individual out of this Commission or the legislative body of that CRA that could put that puzzle together was you because you know the process. I didn't know the process. I went in there and I tried to do what was best to make things happen and some of the things I supported, some of the things I didn't support. One of the things -- I want to just say this. The CRA grew so fast that I think that it lacked the staff to keep up. Mrs. Lewis, you had -- you were the Executive Director and also keeping the books. That's unheard of. That is truly unheard of to have you playing those two roles. The other things I want to say is that as a board member of the CRA, the lack of information that was provided to us was incredible. It was incredible. I had several meetings with you on some of the issues. I felt that you provided me with some information, but weren't able to provide me on other issues and now we're at the situation that we're at, but I'm telling you, I'm not going to allow it to be a personal issue that's Teele versus Sanchez or Sanchez versus Teele on the CRA. I am going to say this, if we -- right now we are like a ship in the ocean without a captain. We don't have an Executive Director, so therefore, we're basically in limbo right now. We still have a lot of questions that have not been answered on the accounting side. Those are things that we need to put on the table today or in this process of financial review to continue to move forward because I have a fiduciary responsibility here and I'm not going to continue to take a leap of faith and six or seven months down the line, as now all of a sudden accusations are coming out and they come and ask you questions and basically some of these things you don't have an answer for, but they say "But you sit on that board and you voted on the issue," so I'm here to tell you, the statement on the paper -- and I made one simple statement, not to criticize anybody -- I stand firm on it. Until we get things financial and accounting crystal clear and we hire an executive director, this Commissioner will not vote on another issue that has fiduciary responsibility in the CRA. If I offend somebody, so be it, but that's how I truly feel about this. 119 July 9, 2002 Commissioner Teele: Mr. Chairman, if I may, and I will not debate or defend a staff against a board member because I think that the important thing is that each board member has got to feel free in a sense of openness and transparency in the context of -- because we're all equal board members, but I think that there's two or three things that factually need to be put on the record and this is exactly where I sat down here three years ago, four years ago when this whole issue of the CRA and Teele and Warshaw started, and I'm going to say it again. The CRA's books and records are maintained by the City Finance and Budget departments. We don't write one check that is not written by the City of Miami, and that's the only way I will function. If you want to make me resign, there's only one way you're going to make me resign, say that the CRA will have its own checkbook. I'm out. Even if you name my personal account, I'm out because I think, given the history of the CRA and the way that the CRA was born and the total ignorance, ignorance on the part of a lot of high-ranking people in the City about the role and the mission of the CRA, I've had too many people that are disinterested from the City that has met with high ranking officials of the City to say, "Oh, that's the CRA. That's their thing." not recognizing that the CRA does not have -- everything that the CRA owns or will own is (UNINTELLIGIBLE) to the City of Miami, and in the case, for example, Margaret Pace Park. All we're doing is stepping in and accelerating a project, which I will gladly pass over tomorrow if that will make you more comfortable, Commissioner Sanchez, to the Public Works Department. You know there's nothing magic here. All we're doing is hiring outside consultants as an extension of public works. I have no problem doing that, but our goal is different from the public works goal in building a parking lot or it's different -- or a parking lot and it's different from parks in building a park. Our goal is not about the park, and our goal is not about the parking lot. Our goal is about enhancing and expediting redevelopment, and if anybody wants to put the pen to the paper and look at it statistically, the record is clear. In 1998 the CRA was -- collected $148,000 a year in Southeast Overtown Park West. In 2002, January, we'll collect $1,500,000. It's unheard of I get calls everyday from across the state, people now asking me to come speak, and what is the key, when our redevelopment rate is twice that of the City, two and a half to three times the rate of the City in the coming year. We're doing things right, but you know what? It has very little to do with the amount of projects we do and you know, I want the board to understand. It has to do with the planning process, the project that we attract. It has to do with what somebody in the Finance Department may deem to be a waste of money, to rent a studio and bring in people from all over the United States, but I've got to tell you something, Johnny, that is what development is about, and the idea of promoting areas and looking at overlays. Last week, two weeks ago, we asked the City to look at an overlay for the so-called club district and certain parts of the area because what's going to happen is, if we don't get control over the cockroach trucks, the roach mobiles, you're not going to ever have a first class pizza place to come in there and pay $180 a square foot for property that was selling for $40 a square foot three years ago, and that's the kind of opportunities that we have, so it's really tinkering with the land use, the promotion, et cetera, but I just want to make sure that we understand one clear thing, there are no financial records that the CRA has -- you can argue about why you spent money, you can argue about why the board approved it or why the executive director recommended it, but the one thing is for sure -- and you cannot walk out of this room, Joe, and leave this hanging like the records of the CRA or the books, the financial records are in some state of illegibility because no disbursements can be made without the Swiss banker permission, the Swiss banker permission of the Finance Department and the Budget Department; Swiss banker, meaning all the papers are dotted, all the lines are there, and they've 120 July 9, 2002 got a copy of all the records, OK. Now, this is happening and I'll get right to the issue, and I think we've corrected it or we're on the way of correcting it. The CRA is a very small client to the external auditor. We have had this -- what's clearly today is a conflict of interest, but we have had this process whereby the CRA auditor was also the City auditor. They don't open the books of the CRA until they finish with the City, and how long does it take? When you start going back criticizing how long these audits take, just go back and start from the point, Joe, that the City auditors were closed, which were in March and April and May, and therein lies one of the major problems, you're all the way down on the food chain as it relates to who the auditors are. The audit should be going on simultaneously. In fact, the auditor closed the City books and then started with the CRA. Commissioner Sanchez: Commissioner Teele, there isn't any reason why they can't both be done at the same time. The CRA is not a major large corporation that needs months and months of record -- putting numbers together. There's no reason why they can't both be done at the same time. Commissioner Teele: Commissioner, I think that's a fair question, but the fact of the matter is, the people who are on the City audit are the same people, historically, that are on the CRA audit and those people don't work. They work sequentially, and I can understand the reason why, but that this has created a lot of problems in the past because, largely, the City books take precedent over the CRA books. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I see that this whole thing may be a little different than Commissioner Sanchez and Commissioner Teele because -- and I spent an awful lot of time thinking about this whole thing, an awful lot of time, and frankly -- and what I do many times when I'm in these kinds of situations is, I think about what I would do if I was in those shoes, and those shoes I'm going to describe Commissioner Teele's. I wouldn't want to be the Chairman of the CRA because the energy and creativity that Commissioner Teele, you've brought to the process, it never ceases to amaze me. I learned something. Probably at every meeting I have with you, I learn something about how to utilize the system out there, and this whole CRA thing is a mystery to me, but I also know that I've had to think about all of the criticism that's coming our way, our way, because we're all on this board, and our public doesn't trust us, and what I've tried to portray and say to the media when they talk to me -- and they talk to me a lot -- is that I really blame myself an awful lot for a lot of these things because they'll ask me questions and I simply can't understand and it turns out I voted for these things. I think that the way that you opened this -- and so the public, there's this distrust on the part of our customers out there towards us. Commissioner Teele, the way you opened this discussion, I think, was very exciting to me, because what you said is that you're willing to look at taking whatever steps we have to take in order to do two things, regain credibility with our customer base out there, which is the public, and the other thing that was implied in that, or at least that I felt that I picked up in that, was something that we -- that I need, as a board member, and that is -- and I don't even know how I - - but it's a complex process, and I need to do a better job as a board member of understanding the 121 July 9, 2002 issues and the points and the finances. When you talk about the finances, the reason that Linda Haskins got involved is because I found that I couldn't figure the damn finances out of the CRA, even looking at the reports, so the only person that I knew of immediately that I could turn to and trust was Linda, so I asked Linda to help me. I said, would you help me, on an ongoing basis, interpret the financial side of the CRA so that I can be an appropriately informed board member, and as an appropriately informed board member, I think, frankly, I can provide better service to you as the chairman. I don't think that I've been, as the Vice Chairman of the CRA, I think I, frankly, provided lousy service to you as the Chairman because I haven't understood all of the issues. No, I haven't understood lots of the issues the way that I should understand them as a board member, and I wouldn't want to see you, as the Chairman of the CRA, go away because you have, one, the unique knowledge and understanding of how, what is that, Chapter 163 works? How the CRA stuff is governed. I don't understand all of that. I don't want to have to learn it. I've got more stuff on my plate, but I do want to do a better job of providing the appropriate oversight to the CRA, so that with your creativity and my better diligence at understanding the details -- and, frankly, I think I'm also going to -- we had a discussion six or eight or ten months ago about whether we ought to do a search for an executive director or whether we ought to have this or whether that, and you had one sense, I had a different sense, and we're going to have that a lot, but I want to do a better job at thinking those things through and articulating my thoughts to you in these public settings, so again, I can provide a better service to you as a chairman. The job you have to do as the chairman of both those CRAB is mind-boggling for me. It is a huge -- I think that the CRA is almost a full-time job all by itself, never mind the City Commission stuff, and so I think our responsibility as board members is to be strongest in our understanding of our issues and the structure, and stronger in our commitment to make sure we have the right organizational structure, the right resources, the right skill sets at the table that work for all of us, with you being the chairman, and I think with all of that in place, which is what you recommended when this meeting started, I think with those kind of changes in place, I think that we can rebuild Overtown, Park West, Omni, Omni West into something that's absolutely fabulous because we're going to ride on the coat tails of something that you've already started, and the start was getting that whole organizational thing out of the rut that it was in, and it was in an awful rut until you got there, and you had to fight a nasty fight to get it out of the rut. Our job is to provide better assistance and support to you, but we can't do that if we don't understand things better. We can't understand things better if the staff resources and legal counsel -- and that's another issue at some point I want to put on the agenda, but we can't provide the service to you without having the appropriate kind of organizational structure and staff resources, internal as well as the appropriate connectivity between that staff resource and the consultants, when they're coming to talk to us, and so your idea -- this is kind of -- this is the circle back -- you introduced this discussion this afternoon by saying that you want to and we had a resolution where we're going to ask the City Manager's office and the Mayor's office to help us figure out how the CRA ought to be organized and structured and how we ought to work on our financial reporting and how we, frankly, create the kind of transparency that you talk about all the time, I think, that you already brought the right answer to the table, and I'm hugely supportive of that and want to do a better job in support of the hard work that you've put into this, and I think we can do it if we follow through very precisely in terms of your motion to reorganize the CRA. 122 July 9, 2002 Commissioner Teele: Mr. Chairman, I would also move that the City Attorney, working with us as counsel, be directed to develop an options paper for the governance board for consideration for the CRA over the next 90 days. I would so move. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. All in favor -- Commissioner Teele: Implied in that is this, that motion includes the outside counsel and the County Attorney, as well, because one of the things that we have to keep saying is that while the CRA operates under the governing board of the City, structural issues, financial issues are also equally under the oversight of the County, and we can take no action regarding the governance issues or the annual budget issues, which the County is obliged to consider, without consulting and conferring with them, and again, this is just Chapter 163. This isn't my rules. It's not something that I'm doing to protect the County. It's just the way -- and that's why the County's got as much right to raise questions as they raise, because they raised a number of questions about the fact that there may be some slack in there. There may have been in the past a lot of slacking going on. I can tell you this, the manner in which the City makes its payments to the CRA is not in compliance with Chapter 163. The manner in which the County makes its payments to the CRA are in compliance with Chapter 163, but I don't know. Is that in the audit? Annette Lewis (Interim Executive Director, CRA): Not for the 2000 audit, sir. Commissioner Teele: And see, the problem that you've got is, you've got an external auditor who's got a conflict of interest. He's not going to write up anything about the City because to do that means they haven't done their job in representing the City and reviewing the internal procedures of the City, and so again, the point that I want to make is that the County, when we start talking about governance -- because somewhere along the line, David Morris and some of those folks are listening or they got some of their people that will -- oh, you've got one right up in the front row. Welcome, Mr. Director, Mr. Manager. Again, the County is an equal partner with us in this and we are not -- this is not that TIF dollars, even though we're generating it at a much rate faster than the County and the City are generating it -- a portion of those TIF dollars come from the County, and so when everybody keeps saying what's the budget of the CRA, well, yeah, $148,000 if you do nothing. You can spend $1,500,000 with staff and do very little, and I'm not at all besmirching what the CRA has done in the past, but the fact of the matter is numbers don't lie. The figures are there: $148,000, $1,500,000, and you know, as I keep saying, there are CRAB all over this state and all of them are taking note of what's going on in the Omni and the Southeast Overtown Park West, because those numbers are staggering in terms of a turnaround going north. It's not the City's losing money, because if the City -- if there were no CRA, arguably, the kind of focus and development that is going on would not be going on now, so I don't want to convey, by any stretch of the imagination, that I am not concerned about the entire redevelopment area, but I just want to come back to one point that was the genesis of the redevelopment areas when Mr. Ruiz and others came down with this whole idea, and Mr. Bailey and Mr. Ferre and all them came up with it, and the idea was, you will never develop Overtown until you develop Park West because the theory was, it radiates. Redevelopment and development radiates. That theory is still a very, very, very important theory and it is valid 123 July 9, 2002 today, but the goal of the CRA has been to continue to work in areas where there is no redevelopment. I joked with the head of Housing, the very successful Housing group yesterday, with the successful one in your district? CODEC (Community Development Corporation), they are very successful, and this is not -- Angel and I want to be very clear. This is a very clear statement about race and I want to say it again, CODEC is more than welcome to come over and work with us in the redevelopment area, because I think the points that we give for redevelopment are not balanced based upon difficulty to develop. When you look at what CODEC has been able to do, that's color-blind, and so we need redevelopment activities and we need redevelopment infrastructure, but in that regard, Mr. Chairman, you know, one of the big issues that continues to come up -- well, let me just leave it at this. I think it's very important that the City, County, CRA understand that we have certain governmental responsibilities. The CRA, to my knowledge, does not engage in loans, which is one of the big things that the CRA did before. One of the things that I said that I was not going to do as long as I'm Chairman of the CRA is, I'm not going to run a loan program. I don't mind stepping in and working with developers on GAAP (Generally Accepted Accounting Procedures) and all of that, but I don't think that we can be everything to everybody. The most important thing that government needs to do within Overtown, and indeed within the entire historically deprived areas, is to provide the infrastructure which is lighting, sidewalks, streets, drainage. We just authorized, what, $3,000,000 for drainage in one of the districts today. I didn't object because the drainage is needed, but I've got to tell you something, you know, nobody's going to criticize that. We spent $800,000 for parking and everybody's got something to say about it. You know why? Because the one thing that has been lacking in Little Haiti is lacking in Liberty City and it does not exist, and we've asked the Manager three times or at least twice, that I know of, by resolution, for the Planning Department to put out a notice, an analysis of the parking shortfall in the Overtown area. It's the clear lack of governmental resources infrastructure in specifically including parking as a tool of redevelopment, and I will tell you this, if you look around each of the parking lots, this is what you won't have the parking purveyors to understand because it ain't their business. This is not what they're in it for, but around every parking lot that has been built, the properties have either been sold at five times the appraised value, which means that's how the TIF get bigger, and in each case where it's been sold, there was not a sell in the last 15 years, or it's on the market to be sold at five times the appraised value, and when you get that sale, that's how the TIF goes up. Vice Chairman Winton: The assessed value. Commissioner Teele: I'm sorry, the assessed value, at five times the assessed value, or there is major development not being contemplated but underway; in one case, the franchise; in the other case, a $6,000,000 redevelopment of a housing unit. I just want the record to be clear; we're not in the business of competing against Off -Street Parking. Off -Street Parking can do anything they want to do because all they're going to do is to pick the low -hanging fruit wherever there's a parking lot, but somebody has got to build parking -- and, Angel, you understand this better than I do -- somebody's got to build parking in these neighborhoods in the Black community, because that's all I can speak for is District 5. What is going on in Little Haiti, just drive through it. Every swale area, every sidewalk has got cars on it. Mr. Manager, you've been there. You know what goes on right around the Caribbean Marketplace down there, where we're trying to figure out how can we create some elbowroom to create parking. The Flagship of Miami, the 124 July 9, 2002 one thing that the Ford Foundation talked about, listed greatest project in the world, won all of the architectural awards, was the Caribbean Marketplace. Does anybody give a damn? It failed. You know why it failed? For one reason and one reason only, parking. Commissioner Gonzalez: If you allow me, I know what you're talking about because that's exactly the problem that we are facing on Northwest 20th Street; that if we don't find a piece of land to build parking, those businesses are going to go down because they will be a failure. Commissioner Teele: Let me tell you, Commissioner Gonzalez, I will support building parking in any area that is going to support commercial, not residential. Not for the sole purpose of -- with all due respect, we propose something radical here, that if you have a two-bedroom house apartment being built, you have to have a two -car garage. I heard from three County Commissioners. I heard from more people about that one issue, OK, because everybody, they call the second one a study or library and dah, dah, dah, dah, dah, and all these cute things, and what happens in the poor communities is that the place looks like a mess. If you want to make Overtown really look like the rest of this community, if you want to make Allapattah look like the rest, you've got to provide parking. I said it from the day I walked in the place. The standard for Overtown is Soyka's Restaurant, Biscayne and 55th. We want Overtown -- that's a redevelopment done with no government dollars, and the man said that if he had to do it again, he would have never done it because he got caught with everything from the whammy from the County, especially, but the number one problem in Little Haiti, the number one problem in Overtown, if you ever want to create a destination, is the lack of adequate governmental infrastructure. This ain't got nothing to do with grants to people and loans to people or technical assistance. This has got to do with government doing its job, and most of the hell that I'm catching is because we're in somebody else's business. I have no problem with what Off-street Parking does. They do what they do based upon their bond indentures and their structure, but they're not in the business of trying to redevelop and create jobs and create the kinds of jobs that we need and must create in Overtown, and so I ain't going to back down. I'm just not going to stop fighting. I'm going to stop fighting for them in Omni. I'm going to tell you that right up front, because I'm not taking arrows for the Omni when -- if Omni doesn't want to be a great area, then that's Omni's business, but I will say this, I am not going to back down on Overtown, because the one thing that this City has got to do is we've got to build sidewalks. We've got to build parking lots. We've got to provide better safety, lighting. We've got to remove the utilities, the same way we remove them downtown and on Brickell and all that. We've got to do that, if we ever want to create a destination. That's what this is about. Vice Chairman Winton: Remove them where, downtown? Excuse me. Commissioner Teele: Haven't we removed a lot of -- Vice Chairman Winton: We ain't done squat downtown in 30 years. Commissioner Teele: Well, if you come up with the plan, I'll support it, Johnny, but I've said a hundred times -- 125 July 9, 2002 Vice Chairman Winton: You gave my speech. I've given this speech a hundred times, since I've been here, about infrastructure improvements. That's the key thing we've got to do in the City of Miami, all over the City of Miami. I said it over and over and over again, and downtown's a classic example. There has been none, zero, zip. Commissioner Teele: And the point that I'm making is this. Anybody who wants to come down here and beg for money, I support them at the City Commission. The CRA is not going to be a grant agency for not -for -profits and CDCs (Community Development Corporations). If you don't understand what's going on, you need to go through and read the 20 to $40,000,000 of grant money that's gone out the door in Overtown for which the City and the CRA can show nothing for it. Anybody who wants to come and get a grant from the City government, if they got a plan, I'm going to support them. The CRA is not going to be the pass-through agency, which is what it's being developed out there. Because you know what, anywhere there's money - - it's just like a dead carcass in a desert -- you don't have to look far; just look up in the sky. You can figure out where the money is, and so Johnny, one of the things that you're hearing and listening to and everybody's got to listen is -- the one thing that comes to me is, we want the money. Give us the money. I know, with the Mayor -- well, one of the questions is that why don't you all pass the -- I said, listen, Mr. Mayor, if the CDCs need money, then they need to come to the City Hall and demand money. The CRA is not trying to supplant the City as governmental funding agency. The CRA has a mission and that mission is, first and foremost, to provide the infrastructure, the environment, to provide the rah, rah to bring in the developers, to do what we did the with the national franchise, to go all out and hustle and beg and work with people to try to come in, and that's where the mission of the CRA is totally different from that of the City, and so all that I'm saying to you, Commissioner Sanchez, in particular, on this issue, is there's a role for the City and there's a role for the CRA. The CRA needs to work closely with the County and the City, and I think included in that transparency, the County ought to have some representation, Mr. Manager, with the Mayor's Office, because this is not a closed book, but the fact of the matter is, the strategies that we have developed were three years in the making. I sat back for two and a half to three years and just listened to everybody and walked, and brought in consultants and experts to try to do it, and the one thing that I'm very clear on -- when Dick Judy sat up here and passed out the map in 1999 that listed seven parking lots pursuant to the 3rd Avenue business corridor and said what we're going to create between 8th Street and 14th Street is a destination, and the one thing that you've got to understand is that if you want people to come, you've got to have a place for it to go. Everyone said, but you have a parking lot, so -- yeah, but all of the parking lots that are in Overtown -- the so-called Folklife Village doesn't have one parking lot in it, but everyone says you have a parking lot behind the Lyric Village. Yes, but if you build the Lyric housing or whatever has been designated, there won't be any, so where are these tourists going to come? Where are these tour buses going to park? And that's what the role of the government is. I have a little bit of knowledge about transportation and mobility, having built most of the major urban malls -- what they call the urban initiative in this country. I built the Denver Mall. I built the Mall -- funded at least -- the mall in Providence, Rhode Island, the one in Long Beach. All of the great malls that were funded under the urban initiative agreement were funded by my office, and the one thing that you want to do is, you want to get people out of cars, if you want to develop an area and you want to have a convenient way, preferably by pedestrian, to move them around, but the most important thing about getting a person out of a car is you've got that you got to have some place to put them. 126 July 9, 2002 Commissioner Sanchez: Mr. Chairman. Chairman Regalado: We have two motions. We haven't voted on the first one. Commissioner Sanchez: Mr. Chairman, if I may. The fact of the matter is that the integrity of the CRA is in question and we have to address that issue. Whether it's the finance or the bidding process, or the parking lot, or land acquisition. I figure the quicker that we're able to answer all these questions and get this over with, we can get back on track. That's just the bottom line. How it's done, I don't know. It's the financial review or we find professional services to look at everything, the aspect from A to Z, and come back with a clean bill of health. I wish that KPMG was here because I would have had some questions for them, but they're not here, but the fact of the matter is that we need to address all these issues to get this gray cloud over the CRA to pass on. Chairman Regalado: OK. There are two motions. The first one we didn't vote on, so you, Mr. City Attorney, you want to remind the board members of the first motion? Jim Villacorta (Assistant City Attorney): I have one motion 90 days to develop an Options Board for the CRA. Commissioner Sanchez: That's the second motion. It was not voted on. We can vote on that one, if you want. Vice Chairman Winton: Well, you can't. I think you have to take -- Commissioner Teele: We already voted on the first one. Chairman Regalado: The City Clerk says no. Commissioner Sanchez: No, we didn't. We didn't vote on the first one. Chairman Regalado: We didn't vote. Commissioner Sanchez: No, sir. Chairman Regalado: She says no. Commissioner Teele: I call the question on the first one. Commissioner Sanchez: On the second question, which was -- Commissioner Teele: The first motion with the Manager and the Mayor looking through the interlocal agreement to come in with comprehensive recommendations regarding management, management structure and the responsibilities of all parties on both sides. 127 July 9, 2002 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 for its adoption: MOTION 02-813 A MOTION DIRECTING THE CITY MANAGER TO DEVELOP A PROCESS, IN CONJUNCTION WITH THE MAYOR AND NOT TO THE EXCLUSION OF ANY COMMISSION MEMBER, AND COORDINATE A MANAGEMENT TEAM TO MAKE RECOMMENDATIONS REGARDING THE FINANCIAL STRUCTURE OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA), INCLUDING THE INTERNAL METHODOLOGY; OPERATIONS; PROCEDURES; ROLES AND RESPONSIBILITIES OF THE CITY, THE COUNTY AND THE CRA; FURTHER STIPULATING THAT SAID RECOMMENDATIONS BE CODIFIED AS A PART OF THE INTERLOCAL AGREEMENT BETWEEN SAID THREE PARTIES. 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 Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Regalado: Second motion. Commissioner Teele: The options motion from the City Attorney special counsel involving the County on alternate models for governance of the Omni Redevelopment Authority and the Southeast Overtown Park West Redevelopment Authority. Commissioner Sanchez: So moved. Commissioner Teele: I moved it. Chairman Regalado: We have a motion and second. It's been moved by Commissioner Teele, seconded by Commissioner Sanchez. All in favor, say "aye." The Commission (Collectively): Aye. 128 July 9, 2002 Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION 02-814 A MOTION DIRECTING THE CITY ATTORNEY TO WORK WITH OUTSIDE COUNSEL AND THE MIAMI-DADE COUNTY ATTORNEY TO DEVELOP, WITHIN THE NEXT 90 DAYS, AN OPTIONS PAPER FOR THE GOVERNANCE OF THE COMMUNITY REDEVELOPMENT AGENCY. 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 Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, I would like to at least afford the opportunity to the Finance Director and the Budget Director of the City and Ms. Lewis as the Interim Executive Director and the finance person of the CRA to comment on anything that has been discussed, just as a matter of courtesy. Ms. Lewis: I just wanted to follow up. Annette Lewis, Acting Executive Director of the CRA. Last Tuesday we met, myself, the Budget Director, Finance Director, Linda Haskins, Albert Ruder, the Parks Director, Maria Perez, and Barbara Rodriguez from Community Development, and our Senior Auditor, who happens to be the senior on the City audit, as well as the CRA audit. This discussion really was about the budget, completion of the audit, and how to approach the audit, given that the City has already had a hard close. It was a good meeting in the sense that all of the CRA's funding sources, the budget and the finance, were in one room to discuss the manner in which the CRA operates for the Parks Department; that was specific reference to the Safe Neighborhood Bond issue and the Florida Inland Navigation grant because our issues were the CRA was actually paying the bills and expecting some level of reimbursements that the timing, of course, caused a couple of problems in that we didn't have the cash flow, so the discussion and the agreement was that the portions of the Margaret Pace Park construction that attributable to the grant, the Parks Department will pay their portion directly and then with the -- in as far as the bond issue or other sources, I'll work with the Finance Department and the appropriate department, department heads to get reimbursed or the bills directly paid by those parties as opposed to the CRA paying the bills and then expecting reimbursement, being it -- 129 July 9, 2002 especially now that that project has been expedited. With regard to Community Development, we have a few outstanding issues that are three years plus and Ms. Rodriguez and myself, along with other staff people, have to determine what exactly is required for each source that's been awarded to the CRA with regard to the audit, the external auditors they're wrapping up as we speak. I've spent the last week with them and we have preliminary numbers. Commissioner Teele: They're wrapping up what, Ms. Lewis? Ms. Lewis: The 2001 audit, sir, because their promise was to have it within two weeks of the last meeting, so that's due on Thursday of this week. The biggest problem -- and Mr. Simpson, Mr. Penha, I think they'll agree with me -- is that the CRA finance and budget had never actually sat down as a group and attempted to coordinate beforehand. All the discussions have taken place after certain things have occurred, namely, the budget process, getting the audit completed, so open line of communications are actually necessary for us to function properly, and understanding the nature of the CRA is also one of the key elements to how we operate in the environment, so -- Scott Simpson: Scott Simpson, Finance Department. In conjunction with that meeting, the Finance Department's always been to assist the CRA in anything that it needed, whether it's audit, whether it's payrolls, payables, and our position continues to be that way; and I have offered to go there and do their payroll personally. I offered anyone from my staff to help them. As far as financial records, the City maintains minimal records for them. The CRA is in possession of any kind of commitments, contracts, POs (purchase orders), Human Resource Records. To the extent that we have records, they have complete access, either online or we make copies or give them hands-on access to any of those, and we'll continue that, and that's always been my position. I think that the meeting that we had last week was very productive. For the first time in many years, I see a commitment from the CRA to come with open arms and tell us their problems, how we can help, and that was actually a welcome relief. I've had many meetings in the past where we've talked about closing accounts, formalizing their reporting structure, and it just never happened. In the last six months, I've seen the structure of old projects that were idle for years being closed and they told me they were going to do it, so I see the change, but -- Commissioner Teele: Over what period of time have you seen the change? Mr. Simpson: In the last six or seven months, but the problem is just like the auditors alluded to; Annette cannot continue to wear this many hats. When she does the accounting, the accounting is done, and when she goes to do executive type things, the accounting type activities are remiss. She needs help, that's all I have to say. Marcelo Penha: Marcelo Penha, Budget Department. Only to add that it was a very good meeting on Tuesday and from the budget perspective, I would agree fully with Annette Lewis, that it just needs to be a better line as to communication. That's been -- started to be established on a beforehand basis, so the Budget Department can assist the CRA in any activities or anything that it needs so we can be there beforehand and understand exactly the CRA processing the issues the CRA may or may not have. 130 July 9, 2002 Chairman Regalado: OK. Commissioner Teele: Mr. Manager, I just have one question. Does the City -- does the CRA have any methodology of cutting checks or draws independent of the City at this time? Mr. Penha: No, they do not, sir. Commissioner Teele: Do we maintain financial and budget records for all of the CRA requests? I mean, the request may be questionable in terms of why the CRA request it, but do we have a full auditable financial record of all disbursements of the CRA in the City? Carlos Gimenez (City Manager): Are we, the City, in possession of those? Commissioner Teele: No. Do you all have a document that codifies the request and backup for the expenditures, other than say a light bill or telephone or the kinds of extraordinary request? Mr. Manager, did you want to -- Mr. Gimenez: I think I need to caucus on that and find out what the answer to that is. In terms of, are you talking about something that actually the City has mailed out a check for to pay? Commissioner Teele: Yes. Vice Chairman Winton: What are you driving at? Commissioner Teele: I just want to make sure that there are records, so that nobody somewhere along the line -- Mr. Gimenez: My direction to our staff has been that, as the fiduciary, we are to make sure that everything that is submitted by the CRA to the City for payment is either eligible because you have CD funds, et cetera, all right, and that everything is fine for us to pay. There may be some occasions where the CRA may have -- and I'm not saying that it has -- but there may be -- one of the things that we wanted to guard against was that the CRA may order something, may make a purchase, say, for something that might have been an eligible activity, and for CD, you want to make sure that that did not happen, so hopefully every payment that we made on behalf of the CRA, there should be some backup material that says that it's an eligible activity. Commissioner Teele: Right, some backup material, and Ms. Lewis, your comments, I think, are very helpful, if you're a finance person. I am not a finance person. I don't have knowledge of finance; I have a budget knowledge. I have a very clear budget knowledge. I do not have a finance knowledge. You need to be very clear. When you kept saying the CRA is making payments, you're making payments pursuant to a board resolution on Margaret Pace Park; is that correct? Ms. Lewis: Correct, sir. 131 July 9, 2002 Commissioner Teele: But all of these payments that you're making are loans, in effect, or advances, in effect, against some City account. Ms. Lewis: That is correct. Commissioner Teele: Because see, that didn't come out at all. Ms. Lewis: Well, sir, I mean, it was in expectation of reimbursement from another source. Commissioner Teele: But they're advances. You're making it sound like we may get reimbursed or we may not, and the fact of the matter is, we, in the City, are partners in this, and these are just advances of CRA funds against City funds to be reimbursed. Ms. Lewis: I'm sorry if I didn't make that clear, sir, because within the Omni Redevelopment plan, Margaret Pace Park is not an approved project. Vice Chairman Winton: I'm done. I'm ready to move on. I think we've hit the nail on the head and I'm ready to move on. Chairman Regalado: Commissioner Teele. Commissioner Teele: I would just only say this, that it's hard for me to go half -way on something. The Margaret Pace Park project is the most important redevelopment project that we have in the Omni Tax Increment District today. The faster we bring that park online, the faster Ted Hollo and two other projects, both of which will total approximately $100,000,000, will be brought online. That's what those projects represent. Those two high-rise buildings, Johnny -- and in fact, Ted is proposing a high-rise and a low-rise along with the old 1800 Club, and those developers had very little faith in the CRA/City 18 months ago that it would happen. I met with Mr. Hollo directly and he asked me to look him in the eye and tell him that we were serious about moving this project along. I still say this, we're not in the business -- Mr. Public Works Director, please don't be like the Off-street Parking people are, think that we're trying to do public works projects. Our mission is to try to expedite development for the purpose of assisting in the redevelopment, in the redevelopment plan, and the Margaret Pace Park, in Omni, like parking lots in Overtown, represent a major magnet to developers, and so it's not the park that we're interested in. It's the developers. It's not the parking lot we're interested in. It's the redevelopment opportunities, and I just wanted to be very clear about that. Chairman Regalado: OK. Thank you. 28. OFFICIAL CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF PUBLIC RIGHT-OF-WAY OF ALLEY PARALLEL TO AND NORTH OF NE 36TH STREET, EAST OF NE MIAMI PLACE (Applicant(s): Design District Association, LTD). Chairman Regalado: PZ items. PZ -1 is a resolution closing, vacating, discontinuing an alley north of Northeast 36th Street, east of Northeast Miami Place, and Lourdes. 132 July 9, 2002 Lourdes Slazyk: Thank you. For the record, Lourdes Slazyk, Planning and Zoning Department. This item is an official closing, vacation, abandoning and discontinuance for public use of a portion of right-of-way of an alley parallel to and north of Northeast 36th Street. The Planning and Zoning Department had recommended a continuance on this. We have reviewed the application, and because it is located within a special district and we will be able to do design review at the time of request to special permit, we have no further objections to this item. Chairman Regalado: OK. Ms. Slazyk It was recommended for approval by Public Works and Plat and Street Committee. Chairman Regalado: OK. You, Commissioner Winton? Santiago Echemendia: I believe it's in Commissioner Teele's District, Mr. Chairman. Chairman Regalado: It is? Oh, it's parallel, but it's Commissioner Teele. It's in your district. PZ -1, it's an alley recommended by Public Works and by staff, closing of an alley. Commissioner Teele: Is that 7th Avenue? Mr. Echemendia: It's Northeast 36th Street and Northeast Miami Place, Mr. Teele. Commissioner Teele: Commissioner Winton had a concern for that. Commissioner Gonzalez: Mr. Chairman, I'm kind of lost here. Did we jump to Planning and Zoning now? Chairman Regalado: Yeah. We're doing PZ -1 because we have residents here and, of course, we always try to -- we'll come back to the regular agenda when we're done with PZ, and then we can spend quality time here with all the others. Commissioner Winton, Commissioner Teele said that you had some concerns on this item, PZ -1, the closing of an alley. Mr. Echemendia: Mr. Chairman, if you'd like, I'll make a brief presentation for Commissioner Winton's benefit and for Commissioner Teele's benefit. Chairman Regalado: OK, go ahead. Mr. Echemendia: Staff had previously -- Santiago Echemendia, 201 South Biscayne Boulevard, on behalf of Dacra. Commissioner Winton and other members of the board, staff had originally recommended for deferral because we were not providing a site plan. In second viewing this application, they have realized that there is no overlay district that requires us to submit a site plan prior to pulling a building permit, so they have changed their recommendation and are recommending favorable tonight. Moreover, the policy underlining the site plan requirement in this instance doesn't apply, as I understand it, and I think it's a very good policy. Folks were coming in and vacating alleys that bisected the two pieces of property, allowing them to 133 July 9, 2002 assemble and increase the density on the properties. Neighbors were then coming out at MUSP (Major Use Special Permit) applications, not realizing that the developers had previously assembled sites enabling them to increase the density. In this instance, as you can see, it really is kind of a nub of an alley that was dedicated not even by plat. It was dedicated by instrument back in 1923 and doesn't transect the site. We're therefore not increasing density. Whether the alley closure is approved or not, we still have the same density. There would be density averaging -- you have a little nub. We're not assembling two sites that enable us -- it all stays the same, and so the underlying policy that's being furthered by the site planner requirement no longer applies. Moreover, you will still have a site plan, and there will be design review before we have an ability to pull a building permit. Moreover, in this instance, we have gotten a plat approved. We were in the pipeline a bit before the policy was adopted, requiring site plan review, so as a matter of equity, we would also respectfully submit and request that you approve the application. You do have a favorable recommendation from staff. The site plan requirement policy doesn't apply. Our T -plat, in essence, expires if we're not able to -- our T -plat expires -- in any event, will expire but the departments have recommended favorably and made findings that all the criteria in Chapter 55 has been met. There are no opponents. There really is no basis -- there's actually -- Vice Chairman Winton: Well, the opponents never get here, though, until -- as Santiago said, they get here when they figure out what the development is, and then they're here in spades, but you said there -- you would confirm that there is no increased density? Ms. Slazyk: That's true. The FAR (floor area ratio) goes to the center lines of any streets alleys or right-of-ways anyway and they own both sides, so there is no FAR difference by doing this. Mr. Echemendia: It really is a different case, Commissioner Winton, because of the overlay and the fact that -- Vice Chairman Winton: Why did the Zoning Board originally recommend denial? Mr. Echemendia: We asked them to actually deny because staff was recommending for a continuance, pending a site plan, and so I implored them to actually deny so we can come before this board. Vice Chairman Winton: Second. Chairman Regalado: OK. It's been moved and second. All in favor, say -- Joel Maxwell (Deputy City Attorney): Mr. Chairman, please, it is a pubic hearing item. Can you open, close it? Chairman Regalado: We requested anybody in opposition but we're seeing none. We close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. 134 July 9, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-815 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTATCHMENT, CLOSING, VACATING, ABANDONING AND DISCONINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF AN ALLEY PARALLEL TO AND NORTH TO NORTHEAST 36TH STREET, EAST OF NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTATCHED "EXHIBIT A." Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez Chairman Regalado: It passes three to one. Before we proceed, we need to swear in the persons that wishes to -- Mr. Maxwell: Mr. Chairman, I think the vote was three to zero; you said three to one. Did someone vote against? Chairman Regalado: Three to zero. I said three to zero. Oh, I said it passes. Pricilla A. Thompson (City Clerk): This was for the approval? Chairman Regalado: For the approval. We need to swear in the persons that wishes to come before the City Commission, speak to the City Commission. Could you stand and raise your hand? The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish). 135 July 9, 2002 29. FIRST READING ORDINANCE: INCREASE BY 45 DAYS TEMPORARY DELAY IN ACCEPTANCE, PROCESSING, PLACEMENT OR CONSTRUCTION OF MONOPOLES AND TOWERS ASSOCIATED WITH 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: PZ -2, it's a First Reading Ordinance. It deals with a 45 -day delay on personal wireless service facilities, the famous wireless tower. It's your item, Commissioner Teele. This is first reading. Planning and Zoning is recommending approval, Lourdes? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Thank you. As you may recall, Commissioners, you approved a 45 -day delay on cell towers and monopole facilities, excluding rooftop and collocations. At that time, the Planning Advisory Board had recommended 90 days because the industry had agreed to 90 days in order to give us time to rewrite the ordinance and look at the criteria and standards, so this is the additional 45 -days in order to get a total of 90 -days delay on the cell towers. We recommend approval. Vice Chairman Winton: So moved. Chairman Regalado: OK. Commissioner Teele: Second. Chairman Regalado: It's been moved and second. This is a public hearing. Commissioner Teele: You want to put your name on the record, sir? Gil Pastoriza: Gil Pastoriza, on behalf of Cingular Wireless and Nextel. Chairman Regalado: We're closing the public hearing. Read the ordinance. Joel Maxwell (Deputy City Attorney): Just for the record again, Mr. Chairman, I would like for you to ask if there's anyone who would wants to speak. Even though it is obvious that there is no one, we need the record to reflect that. Chairman Regalado: It's obvious that there is no one here. We ask anybody who wishes to address the Commission on this item PZ -2, the first reading ordinance. Being none, we close the public hearing. All in favor -- read the ordinance, please. Mr. Maxwell: I'll read the ordinance. 136 July 9, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION OPPOSING ADDITIONAL 45 -DAY DELAY TO SEPTEMBER 30, 2002 IN ACCEPTANCE, PROCESSING, PLACEMENT OR CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITY TOWERS AND MONOPOLES 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 AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez The ordinance was read by title into the public record by the Deputy City Attorney. 30. APPROVE CERTIFICATE OF USE TO ALLOW "EMPLOYMENT OFFICE" USE AS SPECIFIED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, WITHIN C-2 LIBERAL COMMERCIAL ZONING DISTRICT AT 1330 NE 1sT COURT (Applicant(s): Partners for American Vocational Education (PAVE), Lessee and Lee Holdings, LLC, Owner). Chairman Regalado: PZ -3. It's a resolution, a Certificate of Use, requiring the City Commission approval 1330 Northeast 1st Court. Lourdes Slazyk (Assistant Director, Planning and Zoning): Thank you. As you may recall, this item is one of those oddities in the ordinance, certificate of use that requires City Commission approval for an employment office. This application was continued in order for PAVE (Partners for America Vocational Education) to meet with some of the neighbors and review the conditions. The Planning and Zoning Department is recommending approval with the six conditions that are in your fact sheet, if you'd like me to read them. The facility shall enforce the rule that on walk-ins without appointment will be accepted and to deny service to anyone without a referral and an appointment. Number two, the applicant shall install signage that 137 July 9, 2002 would read workforce development partnership, PAVE, and nothing more; said sign should clarify the nature of the use and that it is not open to the public without referrals or appointments. The applicant shall install night lighting on the front of the building that will operate continuously at night using the existing night light and timer. Number four, as proffered, the applicant shall employ a licensed private security guard to patrol the building at night for as long as necessary to discourage uninvited persons upon the property after dark. Number five, the applicant shall repaint the outside of the building. Number six, the applicant shall ensure that persons referred to the faculty shall not wait for their appointments outside in a manner which blocks public right-of-way. All candidates with referrals must wait for their appointments inside the facility. Chairman Regalado: OK. Mr. Knox. George Knox: Thank you very much, Mr. Chairman and members of the board. Pursuant to your suggestion at the last time that we considered this matter, the interested parties have had two opportunities to meet and I believe that we can represent that there's been at least an accommodation to the concerns that were expressed by the neighbors and opponents who appeared before the Commission at the last meeting. I can indicate to you, for the record that I'm aware that there was a correspondence, which emanated from one of the objectives at the last meeting. Mr. Jason Beck, who represented several of the property interest in the area, and I believe that at least some of you may have received a suggestion about conditions that were contained in that letter. I can indicate that PAVE has agreed to adhere to the conditions that's contained in that letter, which are not seriously dissimilar to the conditions that have been read into the record, and I will remind the Commission that, at the last meeting, in addition, there were seven conditions that had been suggested by the Klugar Family Limited Partnership, other interested parties in the area, and those will be incorporated, as well as a proffer of conditions. Finally, there was some reference to a Student Code of Conduct, which was referred to at the last meeting and has been proffered in the record, so from PAYE's point of view, not only have we satisfied all the technical and legal requirements, which were justified a Certificate of Use under these circumstances, but have also agreed to the adoption of a formalized enforceable code of conduct in order to allay the fears of concerned property owners in the area, and have agreed to three different sets of conditions regarding the privilege that they have to use the property and, therefore, we will urge you to adopt the resolution that's before you. Vice Chairman Winton: Mr. City Attorney, I guess I need to understand something. Mr. Knox is saying that they have reached agreement with the property owners. There is this letter that showed up that I just saw, so I haven't seen this, George, until 10 minutes ago, but you're saying that you reached agreement with the property owners and that you've agreed to certain additional conditions, and you said that you're agreeing with the conditions that are outlined in this letter. How do we deal with that? Joel Maxwell (Deputy City Attorney): A private agreement between a property owner and the applicant wouldn't be one that would be enforceable by the City. The City's not a party to that, really should not be -- 138 July 9, 2002 Mr. Knox: If I might explain the relevance of the indications. All of the proffers that have been made are -- can, I'm sure, be considered evidence of the intentions of all interested parties with regard to this matter. While the City may not be able to enforce conditions, the City does have the power to review, from time to time, the Certificate of Occupancy and any indications of an agreement that would have been violated would certainly be evidence of justification for the City to take adverse action on the Certificate of Use. Mr. Maxwell: Mr. Knox, you can publish the agreement that you're speaking of for purposes of information only, if you would like to do that, to advise the Commission of what's occurred. If you would like to voluntarily proffer those conditions to the extent that they may apply for the City and the City add as a condition subsequent -- subject to your proffer, then that's something that the City Commission can consider as well. You have not done so. Mr. Knox: Mr. Chairman, as I have previously indicated, there were three separate correspondents that have been offered into this record. Two of them were offered at the previous hearing. One was a correspondence from the Klugar Family Limited Partnership, which contained suggestions for conditions. The second was a student -- Vice Chairman Winton: Could you read those? Mr. Knox: Oh, sure, and I'll put it in the nature of a proffer. There may be some duplication and overlap, but I think that it's important that the record reflect each perspective regarding these conditions. These are conditions that have been agreed to by PAVE that have been suggested by an interested property owner. Number one, a Certificate of Occupancy to run for only the initial term of the lease maximum of three years; number two, no sublease allowed; number three, zero tolerance for those found to be loitering on surrounding streets and sidewalks before, during or after program hours; number four, removal from program for students found to be engaged in the drinking of alcohol or taking of illegal drugs; number five, after dark security guard; number six, maintenance of fences between adjoining properties; number seven, periodic review of tenants effect of neighborhood by the neighborhood, which would result in continuation or discontinuation on the Certificate of Occupancy -- that was the Kluger Family Limited Partnership suggestion, which has been agreed to by PAVE and is offered here as a proffer of conditions which would supplement those conditions that have been read into the record by the staff. In addition, I will read into the record a set of conditions that have been suggested by Jason Beck, who represented himself as an interested neighboring landowner or an interested party to which PAVE likewise agrees. Number one, a quarterly review of PAVE and its program by the areas neighbors -- and I'm quoting exactly from the correspondence -- if there have been overt problems with the facility and its immediate surroundings, action would have to be taken which would result in the discontinuance of the Certificate of Occupancy; number two, 24-hour security, except for nonworking day; number three, removal from program of any student found to be engaged in the drinking of alcohol or taking of illegal drugs as per existing student agreement; number four, maintenance of property to include exterior lighting, fencing and general appearance; number five, entrance to the faculty to be in the rear where the security will be stationed; number six -- Vice Chairman Winton: And you're agreeing to that, George? I just want to make sure. 139 July 9, 2002 Mr. Knox: Yes, sir. That means sealing off the front door, the entrance to the property, but PAVE has agreed in order to allay the fears of its neighbors. Number six, Certificate of Occupancy to run only for the initial term of the lease, maximum three years; the property owner is asked to undertake that he will not agree to lease or rent his property to a so-called similar organization following the PAVE term of the lease, and number seven, no sublet allowed, and so Mr. Chair, members of the Commission, Mr. Manager, staff and Mr. City Attorney, I would again urge that the Commission adopt the resolution as before you, accept a proffer of conditions that have been provided on the verbal and the written record of this deliberation and adopt the ordinance -- I mean, the resolution that's before you. Mr. Maxwell: Mr. Chairman. Chairman Regalado: We have a public hearing. Anybody from the public who wishes to speak on that matter -- your name and address, sir? Frank de la Paz: Good evening. My name is Frank de la Paz, 600 Palm Avenue, Hialeah. I'm a property owner in the vicinity, and as I expressed to Mr. Knox the last meeting, it's all a matter of perception, and I wish that his program could have been classified school in the beginning. I wish that it would not have come in, but I will agree to the proffers that he has made. I totally have to tell you that I'm happy with the Zoning Department and the Planning Department, the City of Hialeah. You see, for over the last five years, we have so a gleam of what's going to go on in the neighborhood. Vice Chairman Winton: Hialeah? Mr. de la Paz: I mean, City of Miami. I'm also happy with the City of Hialeah planning and zoning very often. We have been sold a dream as to what's going to go on in the neighborhood and we have seen our tax dollars being spent by DDA (Downtown Development Authority) and everybody else. For myself, I have a very (UNINTELLIGIBLE) commercial property where instead of being vacant waiting for all of this to happen, I could have had an automotive repair shop or body shop or whatever, but that's not what we want in the neighborhood, and I think that the City should -- Planning Department should look the next time something that doesn't fit the so-called entertainment district for those banners that we have been paying for and everything else, to say hey, this is not what we're looking for in this, and try to find a legal way to put it some place else, because it is definitely not fair for the applicant, after he's there, to be told, well, you shouldn't have done it, and I think it should be more communication as to what we want to do in that neighborhood and not continue to allow that dream to deteriorate. Because let's face it, people come in; they come with the idea what happened in the Kennedy Center in New York this and that, and when you say labor pool, doesn't sound good, even though it's not a labor pool, and I just feel that I have to say that because a lot of property owners have been holding on to do something that has to do with what we imagine, what we have been perceiving, what we been getting all those propagandas, and we should not be allowing other stuff that really will not be what we want to be detrimental for the neighborhood. That's all that I have to say. 140 July 9, 2002 Chairman Regalado: Thank you. Anybody? Go ahead, sir. Your name and address. You want to say something before, Commissioner? Vice Chairman Winton: I wanted the City Attorney to comment on how we can deal with these proffered points here. Mr. Maxwell: Mr. Chairman, Commissioner Winton, members of the board, I would suggest to you that the way to consider these would be for the applicant, as he has, I believe, now to proffer them in the form of a voluntary covenant, recordable and subject to approval of the City Attorney's Office, should this Commission decide to approve this application, and also with the proviso that to the extent possible, we would also incorporate as many of the conditions as possible, indicating that they were voluntarily proffered into any special exception that will result from your vote. Chairman Regalado: OK. Go ahead, sir, name and address. Elliot Alexander: My name is Elliot Alexander. I'm the property owner at 1242 Northeast 41st Avenue. My business is located there since November 2001. We're located about 50 yards from where the PAVE facility is located. From my front door, from my parking lot, I have a clear view of their building. Right now, I believe they use the rear door as access. I can simply look out my lobby door, and I can see their front door. I know the neighborhood extremely well. Prior to occupying the building at the corner of 13th Street and Northeast 1st Avenue, my business was located on Northeast 8th Street, since 1995. Although I live in Miami Beach, I probably spend more time in this neighborhood than in Miami Beach. I work everyday of the week. I'm there at night. I'm often there on weekends. I'm very familiar with the neighborhood, the people that live in the neighborhood, the homeless people that are in the neighborhood. I see everything that's going on there. A couple weeks ago, I passed by the PAVE facility during the day because I saw signs posted in the street regarding the problems with their trying to obtain a Certificate of Occupancy. I wanted to see what all the fuss was about because I didn't have any problems such as these when I applied for a Certificate for Occupancy for my business. They were kind enough to invite me in. They gave me a tour of their facility. I was quite impressed. They are professionals. I don't know why they're considered an employment office. Maybe that's for failure of having any other category to be placed in. If anything, they're more likely to be considered an educational facility. Their intention is to educate less privileged people, principally blue collar individuals, who are looking to improve themselves, possibly taking an educational course in order to qualify for a job position and that's the intention of this organization. I think wherever they will be located, they will make a positive contribution to the neighborhood. Now, I don't understand why all these conditions are being placed on them, just to obtain a Certificate of Occupancy. Commissioner Teele: They volunteered. They proffered. Mr. Alexander: Well, maybe I should have been at the last meeting. They volunteered these conditions only because several neighbors seem to be opposing their addition to the neighborhood, and really I don't know if it's fair -- 141 July 9, 2002 Vice Chairman Winton: Are you in favor of this or not in favor? Mr. Alexander: I'm 100 percent in favor of it. I think they'd make a fine addition to the neighborhood. Vice Chairman Winton: On the proffering part, we're going to accept the proffering, so -- Mr. Alexander: But I would like to point out that some of the neighbors who have complained about PAVE, I think their demands and concerns are unreasonable. Jason Beck, for example, I really don't see -- excuse me. Vice Chairman Winton: They've already proffered those themselves. They didn't have to; They just did, so I don't think we want to get into a debate, pro and con, here about -- Mr. Alexander: That may be true, but the Commissioners can also decide whether or not that's really necessary. I'm not required to have 24-hour security. I think that it's an unreasonable expense for them. There is no need for it. The neighborhood doesn't require a 24-hour security. Mr. Maxwell: Mr. Chairman, that's one thing that I would like to have the record be very clear on. The applicant has voluntarily submitted themselves to that. The Commission did not ask for that. The City did not ask for that security guard service. We have in fact litigated that very issue before and I would like the record to be very clear that that's something that was voluntarily proffered to this Commission. Mr. Alexander: I agree. That is correct, but -- Mr. Maxwell: If they want to submit themselves to it, then they can. Mr. Alexander: I believe they volunteered to those conditions out of fear that they may get their CO (Certificate of Occupancy) turned down. Chairman Regalado: Excuse me. There is nothing that we can do about it. First of all, the City Commission cannot intervene in what they proffered to the neighbors. We have to vote on the staff and the profession -- a recommendation. Mr. Alexander: OK, so in any case, if you vote in favor of Certificate of Occupancy, you have no method for policing that these conditions are met in the future, correct? Chairman Regalado: The City cannot enforce those. Although -- Vice Chairman Winton: If there's a covenant. Mr. Maxwell: If Mr. Knox's client offers the City a covenant, that covenant will run between the City and the applicant. That will be different from any agreement between the applicant and the neighbors. That's a separate agreement. The City's not party to that at all, but any covenant that he gives the City, the City can enforce. 142 July 9, 2002 Mr. Alexander: OK, so the City is simply deciding whether or not to approve the CO (Certificate of Occupancy)? Chairman Regalado: That's right. Mr. Alexander: Well, I'm 100 percent in favor of the City approving the CO. I think they'll make a big contribution to the neighborhood and, honestly, I look forward to more businesses moving to the neighborhood. I think one thing that keeps businesses from opening up in the neighborhood is, oftentimes, the property values have been rising because of a lot of speculation in the neighborhood. Properties get purchased and then they remain vacant, such as all the properties that Mr. Beck babysits. Chairman Regalado: Thank you. Anybody else from the public on this item? Being none, we close the public hearing. It's a resolution. Vice Chairman Winton: So, Mr. City Attorney, would you come back to a point I think that Mr. Knox needs to address, the question that you asked just a moment ago? Mr. Maxwell: I think that you should reiterate on the record, Mr. Knox, that you voluntarily -- that your client voluntarily offered the police protection, I believe security guard protection. In fact, all of the things that you voluntarily offered, that one, in particular, I am signaling out. One, because it's been raised as an unfair condition by someone, and two, we have in fact specifically litigated that issue in court and I want to be clear on the record that we have not imposed that condition; it was offered. Chairman Regalado: Mr. Knox. Mr. Knox: Mr. Chairman and members of the Commission, I would like to state for the third time that PAVE has voluntarily offered -- proffered covenants and pledges that it will adhere to all three sets of conditions that have been enumerated on this record; that it will provide, file and record any documents necessary in order to ensure that the City obtains the power, should it have the will to enforce these covenants against this lessee of private property in Miami -Dade County, City of Miami, Florida. Chairman Regalado: Thank you. Vice Chairman Winton: That was pretty clear. What's the motion that we need to make? Mr. Maxwell: Amen. Chairman Regalado: Is it clear enough? Vice Chairman Winton: I think that's the clearest I have ever heard any attorney make any kind of commitment ever since I've been here. Come back more often, George. 143 July 9, 2002 Mr. Knox: I look forward to it. Vice Chairman Winton: So what's the motion? Chairman Regalado: What do you want from him? Mr. Maxwell: Simply proffer an approval conditions and acceptance of the proffer, the application for -- Vice Chairman Winton: So move. Commissioner Teele: Second. Chairman Regalado: OK. We have a motion to approve and a second for discussion. Commissioner Teele. Commissioner Teele: Sir, I wish you had been here when this matter had come up before. This is, I think, a very important lesson to, I hope, the Planning Department. The Omni area and, particularly, this area around the Performing Arts Center is going to become -- held to a different standard and we possibly need to look at overlays or something to effectuate the public testimony that we have heard regarding this. I just think that -- and I want to apologize to the more enlightened member of the Knox family that hasn't said much to his lovely wife, who is the director that you know you're just sort of caught in a tale of two cities. This has clearly nothing to do with the ethnicity or the demographics. It really has to do with a very high level of attention that is necessary in going into what we hope will be one of the premiere pieces of real estate in Miami called the Performing Arts Center. If the matter had been brought to me informally a year ago, I would have strongly recommended against it. If anyone had asked my opinion of it as being involved in the redevelopment in the area -- because while I realize that it really does "fit in" today with a massive $25,000,000 construction site and that's what the whole area is, it will not fit in in three, hopefully, if the construction is completed, and so I think the lesson that we got to try an figure our to the staff and to the district Commissioner is these transitional uses that sort of sound good and to me, it doesn't sound nearly as bad as the testimony that we heard, but I think that the testimony that we heard with the deletion of the attacks on neighborhoods and the misrepresentation of what Overtown is and all that. Basically, the testimony was just property owners that are making an investment that are trying to ensure that the City polices itself in its land use policy, and so I would just want to be on record as hoping that we can do whatever is necessary to avoid this kind of transitional use. You know, a lot of people are talking about construction canteens and, you know, a lot of that. Even a lot of the property owners are talking about that. I don't know if that's the approach. I mean, if you don't want construction and a job training center -- people are going to work there -- then why should we build construction -oriented canteens or restaurant kind of things, you know, sort of -- so I think there's got to be a lot of thought given to this, but I just want to apologize to Mrs. Knox and to the Board of Directors at PAVE because you got caught into just a radical, fast moving change in use and change in public policy based upon an important investment that we're trying to make in that area, and I appreciate very much the manner, the professional manner that the entire team, especially the lawyer, Mr. Knox, has engaged in because this was a 144 July 9, 2002 knockdown, drag out before name-calling and accusations, and today, at least we have some semblance of collegiality, and Mr. Knox, that's a personal credit to your continued diplomatic skills. Chairman Winton: OK. We have a motion and a second to approve the Certificate of Use. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: It passes, 5/0. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-816 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN "EMPLOYMENT OFFICE" USE AS SPECIFIED IN ORDINANCE NO. 11000, AS AMENDED (THE "ZONING ORDINANCE"), WITHIN A C-2 LIBERAL COMMERCIAL ZONING DISTRICT, PURSUANT TO ARTICLE 4, SECTION 401, OF THE ZONING ORDINANCE, SCHEDULE OF DISTRICT REGULATIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1330 NORTHEAST 1sT COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," SUBJECT TO CONDITIONS. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. 31. TABLED: CONSIDERATION OF AMENDING ORDINANCE 10544, BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 42-140 NW 41 AVENUE. (See #46). Chairman Regalado: PZ -4, it's a first reading ordinance, 42-140 Northwest 41st Avenue. The applicant is BF Hospitality. 145 July 9, 2002 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-4 and 5 are companion land use and zoning change applications. This was recommended for -- this was continued by the City Commission in order for the applicant to meet with some of the neighbors that showed up at the hearing. The applicant had proffered a covenant with design review and proffering eliminating certain uses from the property. This is the property that is behind the former El Cid. The Department had recommended denial based on the application bringing commercial intrusion into a residential area. The covenant is being handed out now with the restrictions in uses and the covenant in design review being assured -- the Department -- if the City Commission were to accept the covenant, the Department would have no further objections. Chairman Regalado: Lucia. Lucia Dougherty: Good evening, Mr. Chairman, members of the board, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm joined by my colleague this evening Gloria Velasquez, as well as Jose Chedy (phonetic), who is the owner of the property, and his architect Don Sackman. At your last Commission meeting, we gave you a full presentation concerning this property. We are seeking again to rezone the rear portion SD-2 -- I mean, C-2 in order to build a 15-story residential structure that will either sell for $185 a square foot or rent for $1.50 a square foot. We had neighbors who were here the last time and they were concerned about certain things. We had proffered a covenant at that time and we also agreed to pay for an attorney to negotiate with us that covenant. We were pretty proactive and I'm afraid I don't have the same skills that Mr. Knox has because we were unsuccessful in that regard. We were very proactive at the next meeting. The next day, immediately after the hearing, Gloria Velasquez met with one of the neighbors and they had made suggestions, additional suggestions that you will see that are outlined in yellow on this property for the covenant. Just to refresh your memory, the covenant says that there will be no vehicular access on 41st Avenue, no storage, or trash, or garbage. There will be a 20-foot landscape buffer and one of the things that they wanted was that should we buy the property abutting that residential property, that the wall be extended for those purposes. I must tell you on the record that we don't have any intention at this point. We have not had any discussions about purchasing that property, but that's something that they were concerned about, so we put that in. However, if the abutting property still remains R-2, we will have a 20-foot landscape buffer between the properties. The height and setback is shown on this diagram below, which is attached to the covenant. The prohibited uses, we had two additional prohibited uses that the neighbors would like that we spoke to was new car sales would be prohibited, as well as a driving school agency, and the staff had asked that we also add no self- storage facilities, which we agree to. The existing conditions, we -- as a new one, we will not remove any of the shade trees on 41st Avenue, and I have to tell you that they are 30, 40 feet tall, so on 41st Avenue, if those trees are not removed, you will not see what we are building on the property that is currently asked to be rezoned. They asked us also to have a no left turn sign on Northwest 2nd Street, which we agree to. No liquor sales on the portion that's being rezoned, which we agree to, and again this covenant is running in favor of all persons within 500 feet of the property. In addition to that, the City -- and we've also agreed to go to internal design review, and one of the neighbors asked us this evening if we would include in that a requirement that we put in safety lighting within that internal design review, which we agreed to. Having said that, again, we don't have a consensus with our neighbors. We -- I failed to have the same 146 July 9, 2002 diplomatic skills that Mr. Knox did in this last week, but we still urge your approval of this rezoning. Chairman Regalado: Thank you. Anybody from the public who wishes to address the Commission? Your name. Miriam Guia: My name Miriam Guia, 125 Northwest 41st Avenue. He will speak for me. Joel Maxwell (Deputy City Attorney): What is your name, sir? Louis Nanson: Louis Nanson, the same, 125 Northwest 41st Avenue. Good evening, Commissioners. We've heard everything that they've proposed and we understand the situation, but we've composed a letter of petition that we've received signatures from various members of the community, which I would like to read for you all and the names and addresses of the people that have signed on, and basically, we'll describe the position that's being proposed here, and if you have any questions, I can translate for her. Mr. Maxwell: Mr. Chairman. Chairman Regalado: Yes. Mr. Maxwell: I would suggest to you that if they have petitions, that they simply submit them into the record; that they not be read from the podium, because the petitions will speak for themselves, if they're from individual persons. Chairman Regalado: You want to do that, sir? Mr. Nanson: Well, the people that have signed are not here because they are unable to be here. That is why we have the petitions. She's the only exception. She is here, so it's very short. It's very to the point, so I'd read it quickly, if you like. We have copies of the petitions. We -- Commissioner hand out to you all, if you like. Chairman Regalado: We have to listen to the City Attorney on this matter because this is a quasi-judicial board. What would you suggest, Mr. City Attorney? Mr. Maxwell: The petitions themselves have no probative value, as you know I've informed you in the past, but if they have this information, they should simply submit it into the record, because what they are saying is that these are petitions signed by other people, so those people who are not present can only speak in writing, so you simply submit that to the Commission. Mr. Nanson: She has also signed. Mr. Maxwell: So she should speak. 147 July 9, 2002 Chairman Regalado: No. Whoever signed it and is here can address the Commission, but the one in writing, you have to submit onto the record to the City Clerk, but she can talk. We have a translator here. She can talk as long as she wants. We have a translator here. No problem. Mr. Nanson: This represents what they want to say. It's just a very short, very condensed version. She can speak if she wants to, of course, obviously -- Chairman Regalado: We have a translator. We have a full-time translator here. You can speak in Spanish. She will translate for you exactly into the record what you say. Mr. Maxwell: If she wants to read that statement, let her read that statement. Ms. Guia (as translated by Ondina Suarez, official Spanish Interpreter): Actually, what I want to speak is already on here. It is in English. Do you want me to read it? Ondina Suarez (Spanish Interpreter): She says she wants me -- Chairman Regalado: She can read -- Ms. Suarez: It's in English. Chairman Regalado: Can you say it in Spanish? Ms. Dougherty: Mr. Chairman, I have no objection to them reading it. I don't think -- Mr. Maxwell: I said she can read it. Chairman Regalado: No, but she doesn't read English. It's in English, so she's going to say it. Mr. Maxwell: Either one of them can read it. It's her statement. The translator can read it. That's fine. Chairman Regalado: OK. Ms. Guia (as read by Ms. Suarez): In reference, petition for change of zoning for area 42-140 Northwest 41st Avenue, Miami, Florida, 33126 from an R-2 two-family residential and SD -12 buffer overlay district to a C-1 restricted commercial. We, the property owners, don't agree with said petition. We're opposed to the change of zoning and want to express our wish to conserve the zoning as it is presently. We are aware of all the restrictions that the covenant for this area would have in case it became a C-1. We also have seen the diagram presented by the owner as exhibit B of the covenant. Still, we believe our properties will lose value and the neighborhood would lose its private nature. In addition, the residential aesthetic balance along 41st Avenue would be compromised because of the sudden addition of a structure that is an (UNINTELLIGIBLE) to the uniformity of the residential street. The block in question has been divided into C-1 and R-2 for at least 10 or 15 years. All the businesses located on the C-1 side have respected and maintained this division, addressing their uses to the restrictions to the R-2 148 July 9, 2002 area. When we bought our homes, we also bought the neighborhood and we chose it because it was duplex residential zone. Mr. Bachetti purchased this property knowing about its existing zoning division. We wonder if now the zoning code will be changed from an R-2 to a C1 against the interest of the majority of the original neighbors in order to protect the interest of one newcomer who bought the property knowing its limitations. Take this into consideration when casting your vote upon the proposed amendment. The signature of Lazaro Fernandez, Miriam Guia at 125 Northwest 41st Avenue, and there is a list attached with several -- it's actually two pages worth of signatures on here. Mr. Maxwell: That's what you simply submit into the record. Chairman Regalado: OK. Anybody else who wishes to address the Commission? Ms. Guia: (as translated by Ms. Suarez): We also did consult several realtors with reference to whether our property would lose value, including inside the residential zone for a commercial zone, which would be different to that of having a nearby commercial zone to a residential. All of these that we have consulted so far have said that our properties could lose value. We also have a letter from a realtor that has it in writing and we do put it up to your consideration, and she does have a letter here. Do I also turn in the letter that's been signed? Mr. Maxwell: Yes, just hand them all to the City Clerk. Chairman Regalado: Anybody else from the public who wishes to -- Hector Almaguer: Chairman, members of the board, good evening. Hector Almaguer, representing -- my family owns the property located at 4729 Northwest 41st Avenue. Listening to the applicant's counsel and her suggestions that the property owners have consulted and come to an agreement or discussing a covenant, certainly I would like to make clear that that does not represent that there is some kind of agreement to allow this change in zoning; simply that in worst case scenario for the owners that they do need some kind of safeguards and they wish to have those safeguards in place in a form that, of course, runs with the land. What the owners see is a camel's nose scenario. We begin with a situation that allows -- Chairman Regalado: Excuse me, counsel. I didn't understand. You said that the covenant is sort of a safeguard for -- but they have rejected everything. Mr. Almaguer: Preliminarily, they have absolutely rejected the rezoning. Chairman Regalado: All the covenants. Mr. Almaguer: All -- there should be no covenant. The covenant is only in place should there need to be some kind of -- if the Commission decides to approve the rezoning only in that case, and in that regard, I had a chance to speak to counsel and the owner and the architect and they presented ideas of what they had this buffer zone, this area for landscaping, and when I asked to get an idea, they said, well, we haven't developed that yet. Frankly, there's not enough information to actually give a proper decision as to whether what they have in mind along the 149 July 9, 2002 lines of a parking structure would be aesthetically OK or would -- obviously, it's going to impact. We welcome the development of that land in the respects that part of it is commercial, part of it is residential and that residential area's currently slated to service the commercial area as parking. However, the idea that they wanted to increase 35 feet to add some kind of entranceway (UNINTELLIGIBLE), if you will, would simply be a situation that is the camel's nose. From there, we now change the entire zoning of that residential area. It's now commercial. What was started with a single level parking area will now be, from my understanding, start at 20 feet and then add additional 15 feet with their parking, further down and suddenly we have a four level parking structure in front of your home. This is the concern of the homeowner. This is the reason we oppose the rezoning. The zoning of this area again, we want to see the area developed. It has become a haven for homeless and, from my understanding, prostitutes. We do not want to have that in our neighborhood certainly, but at what cost as well? Do we clean that area up and allow (UNINTELLIGIBLE) to now encumber what is now a residential home? I lived in that neighborhood in the early `70s. My parents bought that property and built on it and finished the property in `72. When I married, we moved into that area, lived there. It is an area that is very close to that heart. I would hate to see it have its character change for the purpose of allowing a situation that gives too much deference to the commercial development. Too much -- well, let me stop there because simply put, the residential area has its purpose. It is serving properly the commercial area the way it's zoned now. There is no reason to change the rezoning of that particular area, and for that reason, I am going to reiterate that the owners are vehemently opposed to rezoning. Thank you. Chairman Regalado: I just want to find out, Lourdes, if you can -- I'm trying to get, if we should reject this, what can anybody build there in that site just now, right now? Ms. Slazyk: Well, with the R-2 zoning, they could put duplexes, but it has a SD -12 overlay, so they would be able to continue to use it as surface parking with a wall separating it from the neighborhood. Chairman Regalado: No, I mean on the site that is not -- that it's already commercial, where the restaurant was. Ms. Slazyk Oh, the LeJeune. Anything that's C-1. They could put apartments, hotel, retail, restaurants, all sorts -- anything allowed in C-1 today. Gas stations, CBR (UNINTELLIGIBLE) yes. Car dealerships, community-based residential facility, everything here that they are -- say that they won't do there. New and used cars, public storage facility, everything allowed in C-1, and the only thing that they can use the back for is the surface. Chairman Regalado: I guess she wanted to -- go ahead, ma'am. Haydee Valdes: Mr. Chairman, my name is Haydee Valdes. I live in 41 Northwest 41 Avenue. I live over there about 11 years. I know that there's some -- since I arrived here in the United States about 23 years. I work in the Republic National Bank for 11 years and nobody (UNINTELLIGIBLE). That's why 11 years ago, we decided to buy our house. We know the zone. Over there we was building two restaurants, that area was OK. Maybe they have problems. The building that was there was economical problem, but this is something that 150 July 9, 2002 happens for everybody. When we buy the house, we know that in front of our house, we can build only -- they can make only duplex residential area because nobody of you wants a commercial zoning in front of your door. You open your door and you see the commercial zone. You like to live on that area over there? No. When buy some houses, you want something residential. The company that buy that area right now, they know the restriction on the zone and they can't make anything that he want in the C-1. This is the right, because they buy that zone to make business, but the other area, we want it to remain residential because I have a child and it will change her. In the future, we want to sell our houses, the value will lower, maybe not. It doesn't grow at the same level the other residential areas, when we decided in the future -- not right now but in the future -- maybe we wanted to sell the house, we don't know if we can't sell the house in the same price, because where you live in front with a commercial area on front. From my point of view, it's too simple. The other day I wait here eight hours. I work. I have a child to take care. The people that buy property has money, have lawyers, have everything. We are community of working people. They have relatives that live in the house that is sick. I have also relatives that is sick. Do you think that it is eight hours in order to stay here to discuss something that when they buy the property, they know that they have restriction? You think that is just? I don't understand why I am here to discuss something that is in the zoning of Miami. It seems that everybody that buy a house, that buy it commercial property, then change the zoning of Miami. I was terrified on that because it's something that I don't understand. Even though the other day, I don't present appropriately because it was my first time to come here. Maybe my English is not so very good, but try to understand with everybody. I have the best relationship with everybody in the zone. If they wanted to build anything in the commercial zone that he bought, it's OK, but I think that we in that neighborhood respect for the things. We buy the house. We can't change the house to a new building. When we buy the house, we know the restriction and the things that we have over there. That's the same that he has. He has to respect the neighborhood. That's the only thing that we want, respect for the things that people that live many years ago want to maintain the same. We want that there be something nice, OK. That's his business, but we want to maintain when we open the door -- the front of our houses are maintained like a residential area, not commercial. Nobody wants to live in with a supermarket or whatever placed in front of your house. That's the only thing that I have to say. I appreciate your time and everything. Thank you very much. Chairman Regalado: Thank you. Ms. Dougherty: Yes. Thank you. Chairman Winton: OK. Ms. Guia: (as translated by official Spanish translator, Ondina Suarez): Among the ones that signed the letters, a lot of the neighbors also showed their concern to me of what these gentlemens are going to be building there is something really big from the point in time that they no longer have enough for just a commercially zoned area already. The neighbors have been showing their concern to me, that there was going to be a lot of movement of traffic coming out from 2nd Street to LeJeune and that would really affect them, even though that was not mentioned on the letter because it was not the majority of them that showed this concern, not all of them. I do want the opinion of most of these that I did go to see who did not find in this letter 151 July 9, 2002 in regard to that concern to be taken into consideration and asked. That corner here on to LeJeune and 2nd constantly, if not frequently, they have accidents there; mostly the people trying to make a left on LeJeune. They have expressed there is going to be a lot of more movement; that a building that high is going to take away visibility, and it is my right to come and tell you here what they have expressed, my concerns. Even though none of these were explained as motives in the letter, I just wanted them included. Thank you. Mr. Maxwell: Could you give her name again for the record? Ms. Guia: Miriam Guia, 125 Northwest 41 Avenue. Mr. Maxwell: Thank you. Chairman Regalado: Thank you. Go ahead. Ms. Suarez: She wishes to address for just a minute. Ms. Dougherty: Thank you. First of all, the neighbors keep talking like this is commercial. The purpose of doing this is so we can put a residential structure there. If it was commercial, we could continue -- we could put a lot of commercial there without needing to do this. We could put strip shopping centers and gasoline service stations and ACLS (Adult Congregate Living Facilities) and hotels even. We had a hotel actually approved -- a motel approved. We could do another El Cid, which caused major traffic problems in the neighborhood because there wasn't sufficient parking. The purpose of doing this, again, is because they widened LeJeune Road and it took 20 feet off the front of it, so it makes a very narrow frontage, and what we're trying to do is move our zoning line essentially 20 feet back and be able to have deck parking to accommodate the residential in the back. My client just suggested -- acceptable to the neighbors, I'm not sure. Right now what we had proposed is a 20 -foot setback from the base building line going up 20 feet, which is essentially the same size as a duplex home currently, and then going back and then being able go back 20 feet -- go up 15 feet. What I'm suggesting is what the client suggested, is just take this part off as well, so that on the rezoned portion of the property, it's no higher than a residential house, and so here you have 30 feet of trees, these existing trees are 25, 30 feet tall. You have a 20 -foot landscape buffer. You have a wall and then you have a 20 -foot high parking structure that will be totally obscured, and again, we agreed to go through design review, so we cut this off to 20 feet, so basically, we're using this portion in order to get the depth off of LeJeune Road to have a portico. We've also agreed remember not to have any cars seen on LeJeune Road, and one of the other concerns that the neighbor just brought up again is we have no left turn into this area whatsoever into the neighborhood, so there'd be no left turn and the driveway would actually be designed so you couldn't make a left turn into the neighborhood. Chairman Regalado: OK. Anybody else from the public? Anybody else? Ms. Guia (as translated by Ondina Suarez): This is just not much different from what we've been told and what the people who have signed on the letter have already stated. In reality to us, it doesn't mean much of a change from before we already have these plans. We have these in our 152 July 9, 2002 possession already. I know they just made some changes, but this is not much in this change. In that residential area that they're pointing to, whatever there was parking was just car level. Chairman Regalado: OK. Anybody else? So we close the public hearing. Ms. Guia (as translated by Ondina Suarez): And also the very high part of the tower is still also in the residential area, and also in reality, if you look at the height of the building itself, just by common sense, you're going to see the high volume of people where there would be a hotel or an apartment, and all the movement of traffic in that area is all going to come out through 2"d Chairman Regalado: It's residential. Is it residential or is it going to be a hotel? Ms. Dougherty: It's going to be residential. Mr. Maxwell: Mr. Chairman, I think you may want to make clear to the neighbors that what is before you now is one, a comp. plan change, application to change the comp. plan, and two, an application for rezoning. The project is not before you now, and what is being stated on the record regarding that project is irrelevant because they can build anything that they want. They can build nothing or build anything. Chairman Regalado: No, not if they bring the covenant. Ms. Dougherty: Within the parameters -- Mr. Maxwell: But the covenant is not going to be for a specific building, and the building itself will have to come back for some City review, depending on what they eventually decide to build, and at that point, it will be the proper time for the Commission to hear testimony on that and for the neighbors to object; not now. Chairman Regalado: You want to talk? Your name, please. Laimi Fernandez: Laimi Fernandez, 125 Northwest 41st Avenue. What I want to say is that you say that if the covenant exists. The covenant can be changed in a hearing, but it can be changed. Chairman Regalado: It can be changed here. It can be changed here. Ms. Fernandez: Yeah, but as she said -- as Haydee said, how many times are we going to come? How much time are we going to spend here? The point that the covenant exists is really -- it doesn't have any value for us. Mr. Maxwell: You would have to come back. If they -- depending on what they apply for, if they get approval from the Commission for the zoning change or even if they want to redevelop it with the existing zoning, they may -- they would probably have to get a special permit from the City for that and that may entail also a public hearing, so under any and all circumstances, you likely would be back here anyway. 153 July 9, 2002 Ms. Fernandez: But at the point that any have -- is changed to C-1, we consider that we will have a disadvantage. It will be C-1 already. Mr. Maxwell: Let me clarify that. Depending on what they build, eventually it will come back here, but there are some circumstances where it wouldn't occur. Chairman Regalado: OK. Johnny, can you chair because -- I'd like to just say that one of the eyesores of that area is that empty lot. The neighbors mention homeless and, yes, as a matter of fact, only two days ago there was a mattress -- although, the Flagami NET is very proactive in taking down the structure that the two homeless that are by Northwest 2nd Street have in that area. They come back and they come back. The place was fenced and they broke into the fence. The Flagami NET (Neighborhood Enhancement Team) had to cut the grass on the swale area. Some people were arrested by Lieutenant Orosa of the Flagami NET because they were able to go in and sell drugs and consume crack in that area. It's very unfortunate because it's LeJeune Road, one of the most beautiful and most used arteries in the City of Miami. I am, as the area Commissioner, very comfortable with the covenant because whatever they going to build, it has to come here. It will be a public hearing. Residential is the best thing that could happen to that area. We would rather have residential in Miami other than new car sales or ALF (Adult Living Facility). They can build a very nice, huge adult living facility, which will destroy the neighborhood, and I'm telling you because I know. I live next to one in the Shenandoah area, and I'm telling you what I'm saying. We're going to have upscale residential condos and I think it's the best that this could happen to the area. The project itself, we are not deciding on the project itself here. Whenever there is a project, there will be a public hearing and you will be invited by law to come and discuss this, so I am moving for approval on first reading. Commissioner Gonzalez: Second. Chairman Regalado: The change to amend Ordinance 10544 from duplex residential to restricted commercial, to change the future land use element of the comprehensive neighborhood plan. Vice Chairman Winton: Mr. City Attorney. Mr. Maxwell: Yes. That was the first. You're actually going to need two motions. He combined them there, but I would consider that a motion to amend the comprehensive plan. Chairman Regalado: It's first reading only. Mr. Maxwell: The Miami City Commission -- Vice Chairman Winton: Wait, I thought you wanted to make a comment. Mr. Maxwell: Me? No. 154 July 9, 2002 Vice Chairman Winton: There are no assurances or what assurances are there that this developer will ever even develop the site? OK. You came to the microphone. I thought you wanted to make a comment. Mr. Maxwell: None. Vice Chairman Winton: None, right. Ms. Dougherty: You know what? That's the thing I wanted to discuss when you cut me off, because I know that was your issue, and I want you to know that Mr. Bashetti (phonetic) is a residential developer. He bought this property for that purpose. He is actually constructing 500 units right now in West Dade, and as you know, West Dade is getting less and less places to develop, so he bought it for that purpose. He is a residential developer. He's not here to, what you say, speculate. Vice Chairman Winton: Yeah, but you know, tomorrow. Chairman Regalado: But you know what, Johnny? Vice Chairman Winton: Hold on. I think I have the floor right now. Chairman Regalado: No. Vice Chairman Winton: Yes, I do, so he gets busy with that project and another project and something goes a little upside down, where he decides that he doesn't like his dog anymore and he's going to move to Michigan. There's nothing here that says he develops that site. There's no guarantee he develops. There's no guarantee he develops that, and isn't there a tool that we can use here, since we're doing the zoning change? Mr. Maxwell: Tool to do what, sir? Vice Chairman Winton: A tool to -- if this developer doesn't develop, this a specific kind of product here, which is residential, the zoning would revert back to its current zoning? Mr. Maxwell: No, sir, I don't believe we have such a tool available to do that. Chairman Regalado: Yes, we do, second reading. Mr. Maxwell: Second reading would be you simply don't approve. Chairman Regalado: Exactly. Second reading is at the end of September, from now July -- almost the whole month of July, August -- Ms. Dougherty: July 25th is the second reading. Chairman Regalado: July 25th 155 July 9, 2002 Ms. Slazyk: Remember, they were originally at the June meeting and they were continued to now, so second reading was July 25th unless you were to -- want to move it. There is something else I need to clarify in the record. You had earlier stated that whatever they develop here has to come back to public hearing. That isn't necessarily the case. It depends on how much they develop. If they cross any of the thresholds that need a special permit, then they will be at a special permit or a public hearing, but if they develop something smaller, it wouldn't be necessary to go to a public hearing. At a minimum, with this covenant, it will get design review. That's the minimum that will happen, but it may not come back for a hearing. I just wanted to clarify that. Chairman Regalado: Then, Johnny, I would move that we hear this in September instead of July 25th, because from now to September, they will have time to think what they're going to do and on second reading, you could always decide because I think that they're going to have plenty of time, from now to the end of September, to find out what they plan to do, because I think it's important what you said, if they are going to develop, because the purpose is to develop. The best scenario will be residential in LeJeune. It's the best that could happen to LeJeune Road. Vice Chairman Winton: What his intent is -- probably, the best that we would ever hope for on LeJeune, that's his intent, but the issue here is not his intent. The problem is when, for whatever reason, he changes his mind, he bumps his head on the column that he's working on out at one of his (UNINTELLIGIBLE), who knows what can happen. People change their mind, and when -- as soon as we approve this change in zoning, the value of that property just went up, and so then the temptation is that well, you know, maybe I sell this, and so the residential project that you're approving today, tomorrow is a major commercial project that does something radically different and you don't have any way to stop it because you created a density ability here that's much greater than they have right now and you can't block that project. Chairman Regalado: You can block it according to the covenant. You can block a lot of things. Vice Chairman Winton: But you can't block if it isn't required to come back here, so you could get any number of things that you really don't want there that they couldn't put there today because of the configuration and the current zoning, and when you change this, you're going to drive the value of that site up, which will allow higher density, and that next developer doesn't have to develop that at all and may develop something that you didn't want at all that couldn't even get there today. That's the risk of doing these kinds of things, and that's the thing that I -- Chairman Regalado: But they will have to come and change the covenant. Ms. Dougherty: That's correct, and I have another suggestion. This is something that a former Commission did, I remember, 15 years ago. It's totally within your discretion to change the comp. plan or the City zoning ordinance, and what I'm saying to you, I will proffer on the record that if we don't develop this within one year, then you have the right to come back and rezone this. Vice Chairman Winton: We like that. 156 July 9, 2002 Ms. Slazyk: That we apply for the rezoning. Ms. Dougherty: I will proffer on the record -- Vice Chairman Winton: Would you please proffer that so -- Ms. Dougherty: Yes. I am proffering on the record that you have -- it's totally in your discretion anyway -- if circumstances are not changed on this property, you have a right to come back and rezone it any way in your discretion. It's your comp. plan, it's your zoning ordinance, and all I'm saying to you is, I will not object to it. Vice Chairman Winton: Wait, wait, wait. What you said, Lucia, is something different than I thought I heard the first time. The fact of the matter is, we can't -- if he sells the property, we can't come back and downzone it. Ms. Dougherty: Sure, you could. Vice Chairman Winton: And get sued and lose because he's going to sell it with the zoning in place and somebody's going to say, I like that zoning and then we're going to downzone it? Ms. Dougherty: Plus, the covenant that says you can't do all these uses. Chairman Regalado: The covenant says that in one year, there is no residential -- Ms. Dougherty: No, the covenant can't say that. That's not something that can be in the covenant, and I think your City Attorney will tell you why, but at any rate, I'm telling you, it's totally within your discretion. This is your comprehensive plan and your zoning ordinance and Commissions before have said, if you don't develop this, I want you to know we're coming back and we're going to rezone this property. Mr. Maxwell: With all respect to the former City Attorney, I would not recommend that you take such a course. Even though this particular owner may feel that way and may voluntarily proffer such a covenant, I don't believe that covenant will be enforceable, and any subsequent owner or some other party will probably successfully challenge that, which, as I said before, the comp. plan change you should consider that with the total view of how the property can be used as Commissioner Winton has pointed out, because once you approve it, that's what they're entitled to use it for, and your testimony on the record from your planning staff and from the neighbors and everybody else that supports your decision, if you were to approve it, should indicate that that's a proper use for the property. Any use under that comprehensive plan designation and any use under the zoning change that you change it to, and if they want to use it for those purposes subsequent to that, unless there's been a tremendous change in conditions, as Ms. Dougherty already pointed out, we would have difficulties supporting a downzoning of that property legally, so I would suggest that that not be -- even though she says it happened in the past 15 years ago or so, that that not be an alternative or option for you to consider here today. 157 July 9, 2002 Chairman Regalado: Well, if that is the advice of counsel, I have to definitely follow, so -- but I would -- Ms. Dougherty: There's another suggestion. On the back 85 feet -- because it's 105 feet wide -- the back 85 feet, we will not have any uses, other than residential for a parking garage, and limit it to 25 feet tall. Ms. Slazyk: Is the project going to have commercial uses on the frontage of Lejeune? Ms. Dougherty: Not that we intend to, no. Ms. Slazyk Then why not a change of zoning on the rear to a residential category, an R-3 or an R-4, which is equivalent in FAR. (floor area ratio) in density to a C-1, an assurance that there wouldn't be commercial on the back. Ms. Dougherty: They could probably do that. That'd be fine, and I think you can do it within the context of this zoning because it's a lesser included zoning. Ms. Slazyk Yes, it's a lesser. Chairman Regalado: OK, then we change it to residential. Commissioner Sanchez: Could you explain it to them? Chairman Regalado: Explain it to them, OK. Commissioner Sanchez: Do we have a deal? Let me rephrase myself. Do we have a compromise? This is a tough town. OK, let's go. Commissioner Winton turns into a pumpkin at 9. Ms. Suarez: It's coming along. Ms. Slazyk: We're explaining what commercial uses are and aren't allowed in R-4. R-4 allows certain commercial uses, but they have to be internal to a project, not open to the public, and they wanted to understand what the commercial uses allowed in R-4 are and how they're allowed to be situated. Chairman Regalado: The last one is a companion to this one. Vice Chairman Winton: Excuse me, everyone's in conference over there. Can you all go -- going to -- what do we do here, recess? No. Mr. Maxwell: You don't have to do anything but move back to the regular agenda. You're going to table this item -- Vice Chairman Winton: For 15 minutes, that's all. 158 July 9, 2002 Chairman Regalado: Ana, explain to them exactly what is proposed by the professional staff. Ana Gelabert Sanchez (Director, Planning and Zoning): That's what we're explaining. Vice Chairman Winton: And really 13 minutes. Ms. Gelabert Sanchez.: Thirteen? Mr. Maxwell: So you table PZ -4 and 5? Vice Chairman Winton: Yes. Commissioner Sanchez: And Lourdes, while you're doing it, smile. 32. EMERGENCY ORDINANCE: AMENDING ORDINANCE NO. 12128, ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, THEREBY REPROGRAMMING $100,000 FROM EXISTING CAPITAL IMPROVEMENT PROJECT ENTITLED "DINNER KEY MARINA DINGHY DOCK REPLACEMENT", TO NEW CAPITAL IMPROVEMENT PROJECT, ENTITLED "DINNER KEY MARINA RENOVATIONS", FOR PIER IMPROVEMENTS AND OTHER FACILITY UPGRADES REQUIRED AT DINNER KEY MARINA. Chairman Regalado: Item 14 is an emergency ordinance. It needs a 4/5th Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. It's a public hearing. Anybody from the public wishes to speak on this matter? Nobody. We close the public hearing. It's an emergency ordinance. Read the ordinance, please. Roll call. Priscilla A. Thompson (City Clerk): The ordinance is approved, 4/0. 159 July 9, 2002 An Ordinance Entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, THEREBY REPROGRAMMING APPROPRIATIONS IN THE AMOUNT OF $100,000 FROM EXISTING CAPITAL IMPROVEMENT PROJECT NO. 326013, ENTITLED "DINNER KEY MARINA DINGHY DOCK REPLACEMENT", TO A NEW CAPITAL IMPROVEMENT PROJECT NO. 326011, ENTITLED "DINNER KEY MARINA RENOVATIONS", FOR PIER IMPROVEMENTS AND OTHER FACILITY UPGRADES REQUIRED AT DINNER KEY MARINA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Chairman Winton and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Whereupon the Commission on motion of Vice Chairman Winton and seconded by Commissioner Gonzalez adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12254. 160 July 9, 2002 33. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12128, ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, THEREBY INCREASING APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECT NO. ENTITLED "CITY FACILITIES ENVIRONMENTAL REMEDIATION", FROM $110,000 TO $300,000. Chairman Regalado: 15, emergency ordinance. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and seconded. It's a public hearing. Anybody from the public wishes to address the Commission on this item, Item 15? Being none, we close the public hearing. It's been moved and second. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): The ordinance has been approved, 4/0. An Ordinance Entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, THEREBY INCREASING APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECT NO. 311062, ENTITLED "CITY FACILITIES ENVIRONMENTAL REMEDIATION", FROM $110,000 TO $300,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Chairman Winton and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 161 July 9, 2002 Whereupon the Commission on motion of Vice Chairman Winton and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12255. 34. DEFER PROPOSED AMENDMENT TO SECTIONS 40-291 AND 40-296 OF CITY CODE ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS', RETIREMENT TRUST," TO CHANGE NUMBER OF YEARS REQUIRED FOR VESTING OF PENSION BENEFITS FOR ELECTED OFFICERS IN OFFICE AS OF OCTOBER 1, 2001 AND THEREAFTER, FROM TEN TO SEVEN YEARS. Chairman Regalado: 16, second reading. Commissioner Gonzalez: So moved. Commissioner Sanchez: Second. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Did I vote on this? I don't recall voting on this. Did I vote on this? No, I was gone. Chairman Regalado: No, you were absent. Vice Chairman Winton: I was at the MPO (Metropolitan Planning Organization) meeting, so a couple of questions. Do we have any actuarial analysis to determine what the cost would be to the City, given our current salaries and whatever else we get? I don't know whatever else we get slides into this, and what the cost would be if we increase the salaries -- if we get the voters to increase our salaries to a level that we're hoping they will consider in November. Alejandro Vilarello (City Attorney): I don't think that second question was asked in the actuary; however, we should have one with regard to the first question. 162 July 9, 2002 Sue Weller: Sue Weller, Labor Relations Officer. The ordinance, as it is currently proposed, with the seven years retroactive to October of last year, would cost an additional $156,229. We have not asked the actuary -- Vice Chairman Winton: For what? Ms. Weller: For the -- changing the years from 10 years to seven years in vesting. Vice Chairman Winton: So that's a three-year period in total. The cost to the City would be $156,000, is that what you just said? Ms. Weller: That's an additional $156,000 per year. Vice Chairman Winton: Per year. That's what I asked, per what, so per year, an extra $156,000 per year. How does that happen? Explain that to me. We get $5,000 a year now. How do we suddenly get -- how do we get $156,000? Chairman Regalado: I don't understand that. Ms. Weller: This is the letter from the City's actuary. Vice Chairman Winton: Well, I'm excited about that, but the logic is -- Ms. Weller: All done by actuary numbers. I cannot -- I don't know how they determine and come up with those figures. Vice Chairman Winton: Well, did anybody ask them? Commissioner Sanchez: Well, let me just ask this question. Does it go back to prior elected officials that have had -- no. Ms. Weller: It only goes back to October of 2001. Commissioner Sanchez: How could that actuary be when you're not even spending any money right now? No one here -- Ms. Weller: What you're saying now is that anyone after their two terms or eight years will receive a retirement. Commissioner Sanchez: Seven years. Ms. Weller: I understand that, but I'm just saying -- in other words, assuming someone completes two terms, they're going to be entitled to a retirement benefit. Commissioner Sanchez: So they're basically saying all five of us -- 163 July 9, 2002 Vice Chairman Winton: It's going to be 30,000 -- a little over 31,000 something per year. We don't get -- Ms. Weller: Well, what you also have in your -- is your W-2 earnings, which is not just the $5,000 a year. Commissioner Sanchez: Yeah, you get everything. Vice Chairman Winton: So the car allowance and the -- but that adds up to 20 something. Commissioner Sanchez: $29,000. Vice Chairman Winton: Yeah. Well, it's not over -- it's not 30, so how do we get a retirement that's over 30? I mean, just the logic of it is escaping me. Chairman Regalado: What do you want to do? Do you want to defer this to the 25th? Vice Chairman Winton: You know, I think that is --we can afford to defer to September, if we have to, not add another item on the 25th. It's not as though -- Carlos Gimenez (City Manager): We can if you want to defer to September. We can try and run it through again and find out what the assumptions were and maybe the assumptions weren't correct. I mean, that's going to be -- the assumptions is really what's going to drive up the cost, so maybe the assumptions can be modified or maybe -- we need to find out what the assumptions were. Commissioner Sanchez: Johnny, do you realize -- maybe he can answer the question that we're looking for. Scott Simpson: The primary -- Scott Simpson, the Finance Department, was the actuary determination of changing the vesting period from ten back to seven. They're saying that now you're going to get that benefit sooner and longer and the payout will be a much longer payout period. Then, when they go to calculate the present value of the death benefit from the actuary standpoint, we have to get that funded and it's all actuary driven. Chairman Regalado: That's not good enough because the bottom line is that this thing, some people are going to say it's going to cost the City almost $150,000 a year and that's not true. It cannot be because it doesn't make sense. Commissioner Gonzalez: It doesn't make sense. Mr. Gimenez: Why don't we take it back? And again, it's the assumptions that drive the entire cost, so we need to find out what those assumptions were and make sure the assumptions are valid assumptions. They may be overly conservative in certain things. Again, it's the assumptions that drive us, so we need to look at it again. 164 July 9, 2002 Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: What I believe what we're discussing here is the time for retirement to change from 10 years to seven years, and due to the term limits, nobody is going to make 10 years -- I mean, maximum eight years. Vice Chairman Winton: I understand that. I'm not sure we deserve it after seven anyhow, so that's a whole different issue, but before I vote yes or no, I at least want to know what the cost is going to be. I want to make sure I know the total and so do you all. Chairman Regalado: Bring it back in September. Commissioner Sanchez: For second reading or does it go back to first reading? Vice Chairman Winton: No, it's still second. Mr. Vilarello: It comes back for second reading. I'm sorry. For September 12 meeting? Chairman Regalado: 12th, yes, sir. 35. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 12173, WHICH ESTABLISHED AND APPROPRIATED FUNDS FOR NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2001-02)", INCREASING APPROPRIATIONS, $120,000, RECEIVED AS CARRY-OVER FUNDS FROM PREVIOUS YEAR GRANT AWARDS. Chairman Regalado: 17 is a second reading ordinance. Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: There is a motion, and do we have a second? We have a second. It's a public hearing. Anybody from the public who wishes to speak on Item 17? Being none, read the ordinance. Vice Chairman Winton: Mr. City Attorney, you have to read an ordinance for us. Alex. Chairman Regalado: Alex, 17. Roll call. Priscilla A. Thompson (City Clerk): The ordinance is approved, 4/0. 165 July 9, 2002 An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION - AMENDING ORDINANCE NO. 12173, ADOPTED JANUARY 10, 2002, WHICH ESTABLISHED AND APPROPRIATED FUNDS FOR A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2001-02)", INCREASING APPROPRIATIONS IN THE AMOUNT OF $120,000 RECEIVED AS CARRY-OVER FUNDS FROM PREVIOUS YEAR GRANT AWARDS, FOR A TOTAL APPROPRIATION IN THE AMOUNT OF $228,376.96; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12256. 36. FIRST READING ORDINANCE: AMEND SECTIONS 22-1,22-2, 22-4, 22-6, 22-7, 22-12, 22-14, 22-15, 22-18, 22-46, 22-47, 22-50, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-87, 22-92, AND 22-93 OF CITY CODE ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION/ENFORCEMENT AND ADMINISTRATION" TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS. Chairman Regalado: OK, 19 was done already. 19A, Model City. Commissioner Teele had an interest in this, so we're going to wait. Commissioner Sanchez: Yeah, we'll wait till he gets back. I have some concerns on a couple of issue on 19A, so we'll wait for him to get back. Chairman Regalado: Item 20 is a first reading. It's about Solid Waste. Person engaged in commercial waste collection, enforcement and administration. I think that Commissioner Gonzalez had -- I Me July 9, 2002 Commissioner Gonzalez: Move Item 20. Commissioner Sanchez: Second. Chairman Regalado: OK. It's a first reading Vice Chairman Winton: I have one quick question. Have we always -- Clarence, before we went to the one -arm bandits, we had the trucks with the scoop come by on Friday, at least in my neighborhood, and pick up bulk stuff. We had recycling come by on Friday and pick up recycling? Clarence Patterson (Director, Solid Waste): Yes. Vice Chairman Winton: And then have another truck come by and pick up the regular garbage? So we always had three trucks running, OK. That was all I wanted to know. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: You move and second. Commissioner Sanchez: Call the question. Chairman Regalado: OK. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): The ordinance is approved on first reading, 4/0. 167 July 9, 2002 An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLES I, 11, AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION/ENFORCEMENT AND ADMINISTRATION TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22-1,22-2, 22-4, 22-6, 22-7, 22-12, 22-14, 22-15, 22-18, 22-46, 22-47, 22-50, 22-52, 22-53, 22-54, 22- 55, 22-56, 22-57, 22-87, 22-92, and 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. 37. FIRST READING ORDINANCE: ACCEPT GRANT FROM CORAL GABLES HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION, TO ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND APPROPRIATE FUNDS FOR OPERATION OF SAME, $2,500. Chairman Regalado: 21 is a second reading. Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Chairman Regalado: Accepting a grant from Coral Gables Hospital. This is a public hearing. Anybody from the public who wishes to speak? No one. We close the public hearing. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): This ordinance is approved on first reading, 5/0. .: July 9, 2002 An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION FUND (FY 2001-02)" AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,500, CONSISTING OF A GRANT FROM CORAL GABLES HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION FOR USE BY THE DEPARTMENT OF FIRE -RESCUE TO PURCHASE MEDICAL EQUIPMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. introduced by Commissioner Sanchez, 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 City Attorney. 38. ACCEPT BID OF WORLDWIDE WHOLESALE FORKLIFTS PURSUANT TO INVITATION FOR BIDS NO. 01-02-065 FOR PROCUREMENT OF FORKLIFT FOR USE AT COCONUT GROVE EXPO CENTER FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $17,085; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. Chairman Regalado: Item 22 is a resolution. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 169 July 9, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-817 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF WORLDWIDE WHOLESALE FORKLIFTS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-065, DATED JANUARY 14, 2002, FOR THE PROCUREMENT OF A FORKLIFT FOR USE AT THE COCONUT GROVE EXPO CENTER, FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $17,085; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 325006.359301.830. 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. 39. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR ACQUISITION OF REPAIR SERVICES FOR TAYLOR TM -120 MARINE FORK LIFT TRUCK AT MARINE STADIUM MARINA FROM A & S EQUIPMENT CO. & FORKLIFT REPAIR FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $7,900; ALLOCATE FUNDS FROM MARINE STADIUM MARINA GENERAL OPERATING BUDGET. Chairman Regalado: Item 23. Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Chairman Regalado: And it needs a four-fifths. It's a Manager's emergency. It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 170 July 9, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-818 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 229240 FOR THE ACQUISITION OF REPAIR SERVICES FOR THE TAYLOR TM -120 MARINE FORK LIFT TRUCK AT THE MARINE STADIUM MARINA FROM A & S EQUIPMENT CO. & FORKLIFT REPAIR FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $7,900; ALLOCATING FUNDS FROM THE MARINE STADIUM MARINA FY 2002 GENERAL OPERATING BUDGET, ACCOUNT NO. 402003.350508.670. 171 July 9, 2002 Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 40. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR REMOVAL, PURCHASE AND INSTALLATION OF THREE FLAGPOLES FOR MIAMI CONVENTION CENTER, FROM THE FLAG LADY FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $20,500; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS. Chairman Regalado: Resolution number 24 needs four-fifths. Vice Chairman Winton: So moved. Chairman Regalado: It's been moved, and do we have a second? Vice Chairman Winton: Not yet. Chairman Regalado: Not yet. Commissioner Sanchez: Second. Chairman Regalado: Second. All in favor, say " aye." The Commission (Collectively): Aye. 172 July 9, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-819 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER NO. 229104 FOR THE REMOVAL, PURCHASE AND INSTALLATION OF THREE FLAGPOLES FOR THE MIAMI CONVENTION CENTER, FROM THE FLAG LADY, FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACLITIES, IN AN AMOUNT NOT TO EXCEED $20,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 325010.359301.860. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez 41. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR ACQUISITION OF MEDICAL WASTE REMOVAL SERVICES FOR DEPARTMENT OF FIRE -RESCUE AND CITY-WIDE USE FROM BIO -MEDICAL WASTE SERVICES, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. IB5797-1/00-2/CW, $9,000. Chairman Regalado: 25 was done. 26 is a four-fifths. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 173 July 9, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-820 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 221049 AND 221050 FOR THE ACQUISITION OF MEDICAL WASTE REMOVAL SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND CITY-WIDE USE FROM BIO -MEDICAL WASTE SERVICES, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. IB5797-1/00-2/CW, EFFECTIVE THROUGH NOVEMBER 30, 2001, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $9,000; ALLOCATING FUNDS AS FOLLOWS: $4,500 FROM ACCOUNT CODE NO. 001000.280601.6.340 AND $4,500 FROM ACCOUNT CODE NO. 00 1000. 929601.6.3 40. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez 42. ACCEPT BIDS OF AUSTIN'S DIVING CENTER, INC., DIVERS UNLIMITED, LEISURE PRO, LTD., AND MERMAIDS DIVE CENTER, PURSUANT TO INVITATION FOR BIDS NO. 01-02-134R FOR PROVISION DIVING EQUIPMENT FOR DEPARTMENT OF FIRE -RESCUE, $58,393.90; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. Chairman Regalado: 27 is a resolution. Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Chairman Regalado: Accepting bids. It's been moved and seconded. All in favor, say "aye." 174 July 9, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-821 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF AUSTIN'S DIVING CENTER, INC., DIVERS UNLIMITED, LEISURE PRO, LTD., AND MERMAIDS DIVE CENTER, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 01-02-134R, DATED FEBRUARY 20, 2002, FOR THE PROVISION DIVING EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE, IN A TOTAL AMOUNT NOT TO EXCEED $58,393.90; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.850, AS FUNDED BY THE FIRE ASSESSMENT FEE. Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez 43. APPROVE PROCUREMENT OF AUTOMOTIVE FIRE APPARATUS FOR DEPARTMENT OF FIRE -RESCUE FROM PIERCE MANUFACTURING, INC., UNDER EXISTING LAKE COUNTY, FLORIDA BID NO. 99-150; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. Chairman Regalado: 28. Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 175 July 9, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-822 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF AUTOMOTIVE FIRE APPARATUS FOR THE DEPARTMENT OF FIRE -RESCUE FROM PIERCE MANUFACTURING, INC., ON AN AS -NEED BASIS, UNDER EXISTING LAKE COUNTY, FLORIDA BID NO. 99-150, EFFECTIVE THROUGH JULY 31, 2000, AND ANY EXTENSIONS, WITH AN OPTION TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313233, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT FEE, FOR THE INITIAL PURCHASE AND AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS, FOR THE REMAINING CONTRACT PERIODS. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez 44. ESTABLISH ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002, IN ACCORDANCE WITH CITY'S FIVE- YEAR PLAN. Chairman Regalado: 29. Commissioner Sanchez: So moved. Chairman Regalado: It's been moved. Do we have a second? Fire services. Vice Chairman Winton: 29, second and discussion. Chairman Regalado: Is this the fire fee? Vice Chairman Winton: Yes. Chairman Regalado: Is this going up? 176 July 9, 2002 Carlos Gimenez (City Manager): No. We can give you an update on it. The basic rate would stay the same for homeowners and the apartment buildings. All the rates basically stay the same. Vice Chairman Winton: How much money have we collected each year since this fee has been established, do we know? Commissioner Sanchez: On a yearly basis or total? Vice Chairman Winton: No, yearly, and how much did we collect last year and the year before last? How about that? Commissioner Sanchez: Well, Commissioner Winton, I would ask the same questions that you have. I would like to know how much we collect yearly and how much we've collected in total since we implemented the fire. Marcelo Penha: Marcelo Penha, Budget Department. Last year we collected about $15,000,000, annually. We've been collecting that since inception. Mr. Gimenez: It varies. It started out at 4.2 and then it went up to, I think, 11 and since then, it went up incrementally to about 15 and it's been at this 61 rate. This will be the third year? Mr. Penha: Yes. Vice Chairman Winton: And what do we anticipate collecting this coming year? Commissioner Sanchez: Somewhere around 15. Mr. Gimenez: It will be around the same thing as 15. Any increase will be due to incremental buildings that have been added to the City. Vice Chairman Winton: But -- by the way, the point of this, everyone, is that -- what I'm trying to understand is whether or not the degree to which this pool of money is growing, and Commissioner Teele has said this a bunch of times and that is, when we get these special revenue funds growing and they just keep growing and they create a life of their own and they never disappear and they ultimately get gobbled up by the general fund, and these are real burdens on people that have to pay these damn taxes and fees in our City, and so I don't want to just blindly approve these things. I want to understand precisely what we're doing with the money, because it should be a time when we start capping this stuff or decreasing this stuff as opposed to just letting it continue, and as our City continues to grow and expand and we have more ad valorem, more properties on the tax rolls, we ought to be working to get this thing down, instead of just expanding that gets gobbled up by the general fund, so that's why I wanted to know what these numbers are, and we need to approve this by when, in order for this to appropriately take effect? Mr. Gimenez: We need this to make the trim bill. 177 July 9, 2002 Vice Chairman Winton: So it needs to be done now, so would you -- I'm going to vote on this right now, but I would like to see a schedule of the amount of money that's been generated by this fee each year since its inception. Mr. Penha: OK. Commissioner Sanchez: Yeah, can you provide that to all of the Commissioners, please? Mr. Gimenez: Part of that money has been used for general funds, (UNINTELLIGIBLE) expenses. Another part of the money is used for capital, and we could break that down for you. Vice Chairman Winton: That's real good, the breakdown, to what goes to general and what goes to capital fund. Commissioner Sanchez: Commissioner Winton, did you move this item? Vice Chairman Winton: Yes. Commissioner Sanchez: Second. Chairman Regalado: OK. The item has been moved and seconded. Just for the record, there is no raise on the fire fee, so it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Alejandro Vilarello (City Attorney): I'm sorry, Commissioner. Was there -- did you open a public hearing on this? Chairman Regalado: Yes, I did. I didn't close it, though. Vice Chairman Winton: Commissioner Regalado, I think we promised the folks that we would allow 15 minutes. Chairman Regalado: They're still there debating. Vice Chairman Winton: Their 15 minutes is up, so -- I mean, I don't know who. It may be only a one -side debating, so -- Chairman Regalado: OK. If you want to bring them in, although Commissioner Teele had requested item 19, which is the Model Cities, it's a second reading. You want to do this now or - - go head, Commissioner. There was a motion to approve Item 19. Priscilla A. Thompson (City Clerk): We didn't vote on 29. Chairman Regalado: OK, we need to vote on 29. It's a resolution on the fire fee. All in favor, say " aye." 178 July 9, 2002 The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-823 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTATCHMENTS, RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, IN ACCORDANCE WITH THE CITY OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 12, 2002, AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez 179 July 9, 2002 45. AMEND PROPOSED ORDINANCE REGARDING MODEL CITY HOMEOWNERSHIP TRUST BY PROVIDING THAT EXECUTIVE DIRECTOR OF SAID TRUST IS TO BE CONFIRMED BY COMMISSION. AMEND PROPOSED ORDINANCE REGARDING MODEL CITY HOMEOWNERSHIP TRUST BY PROVIDING BUDGET WILL BE APPROVED BY COMMISSION; FILLING OF VACANCIES FOR UNEXPIRED TERMS SHALL BE NOMINATED EITHER BY COMMISSIONER FOR DISTRICT 5 OR MANAGER. SECOND READING ORDINANCE: AMEND SECTIONS 12.5-26, 12.5-27, 12.5-29, 12.5-31, AND 12.5-32 AND ADD NEW SECTIONS 12.5-33 AND 12.5-36 TO CITY CODE ENTITLED "COMMUNITY REVITALIZATION, COMMUNITY REVITALIZATION DISTRICTS, MODEL CITY HOMEOWNERSHIP TRUST" TO: (A) CHANGE NAME OF TRUST TO MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST; (B) EXPAND BOUNDARIES OF MODEL CITY REVITALIZATION DISTRICT; (C) EXPAND TRUST'S POWERS AND DUTIES; (D) PROVIDE FOR APPOINTMENT OF TRUST PRESIDENT/CHIEF EXECUTIVE OFFICER; AND (E) PROVIDE FOR TRANSITION OF PRESIDENT/CHIEF EXECUTIVE OFFICER AND TRANSITIONAL PROCEDURES FOR CERTAIN OPERATIONAL AND BUDGET FUNCTIONS. Chairman Regalado: Back to 19. It's an ordinance Alejandro Vilarello (City Attorney): Mr. Chairman, it's 19A, I believe. Chairman Regalado: 19A. Commissioner Teele had moved it. Do we have a second? Vice Chairman Winton: Second. Commissioner Sanchez: Mr. Chairman, discussion. Chairman Regalado: Yes. It's a public hearing, so Commissioner Sanchez. Commissioner Sanchez: This is a citywide issue of interest. My district, of course, is on line to be the second homeownership trust. I do have certain concerns that we, the Commission, would not have nothing to do with approving the budget. We do approve the budget just for about everything in the City, and I'm concerned that we will not be approving the budget on the first year of the homeownership trust, and also the Commission will not have a say in hiring the director. I think that those are two very important things, and the last thing that we want to see is for this homeownership to not succeed, so I think that at least this Commission will feel much better if I can have a say on budget, which is very important and also the director selection. Commissioner Teele: Mr. Chairman, may I inquire of the attorney why the budget is not for approval? Mr. Vilarello: Commissioner I believe that inadvertently -- obviously, the City Commission approves every budget. The question was with regard to the initial budget. We did set up a set of different rules for the initial executive director, the initial budget, and was inadvertently put in 180 July 9, 2002 that the initial budget would not be approved by the City Commission. In fact, I don't think you have the authority to do that if you wanted to. Only the City Commission can approve the budget, and I did bring it up to you in the interim between first reading and second, and I was going to bring it up today, but -- Commissioner Teele: And what was my response then? Mr. Vilarello: Your response was, as you normally talk about with budget, is that you always reserve on the right of the City Commission to approve each and every budget initial or otherwise. Commissioner Teele: So I -- just to be clear, that was not the intent that was -- I think one of the challenges realistically was the notion that the board would get set up as it did in June. Between June and September is the so-called interim budget. The budget is going to be September, and I think maybe I was not very clear that between June and September, what we really needed to focus on were transition issues, the transfer of land, the transfer of property, and a series of things that have to be done. It's my apology that this document -- does it say that the budget will not be approved? Mr. Vilarello: It provides for all budgets to be approved by the City Commission. However, it has a certain set of rules in transition. One of the rules -- in fact, it's identified under Section 12.5-36 Subpart B says the initial budget will not be approved, and that's the one I brought to your attention. Commissioner Teele: That's the one between now and September? Mr. Vilarello: Correct. Commissioner Teele: OK, so let's just say -- see, the problem that we're going to have is by operation -- by law, they're going to be approved anyway because it's going to be September before we can get a budget before us, but in any event, let's strike that provision so that it's clear. The other matter related to the executive director -- and there were very strong feelings in the community that given the fact that this district zone was inclusive of one geographic area, that the initial board should have the ability to name their executive director. Obviously, I believe that it's in the best interest to authorize the board to be able to do that; however, the board members being people whose names have been discussed in the public. My recollection, the names of those people are Shalley Jones, Linda Haskins, Patrick Range, the gentleman who's on -- Lucia Dougherty and the gentleman who's on the Housing Finance, Hispanic gentleman, who I had the pleasure of meeting for the first time, and I think it is a very good recommendation, Mr. Manager, so again it is in the sense of allowing the community to basically have some control over that process, if you would like to amend it. Commissioner Sanchez: Yes, sir, I would, to have confirmation by the City Commission. 181 July 9, 2002 Commissioner Teele: Well, I can't support it, but at the same time, I could see why it could potentially wind up becoming an issue for a lot of second-guessing of a board. It could very well wind up -- Commissioner Sanchez: Criticism and -- you know, I'm looking at this. I'm following your beat to this, believe it or not. Every resolution you put forth, I have either stuck it in a folder side because, you know, my district is the next in line on the homeownership, and I think it's just going to open up a lot of questions. As you're aware, all eyes are on us right now, whether we like it or not, and this is important for at least to have confirmation. Who they select is fine, but at least to have -- this Commission, at the end of the day, is the one that will be the one responsible for everything. We're going to be the ones that are going to get criticized or commended, which hardly ever happens when things go well, but at the end of the day, we're the ones that get criticized, so at least, I would have -- I would feel much better if I had, just like everything else, a confirmation, the power to confirm the executive director. Commissioner Teele: The difference between this trust and the public -- and the Virginia Key Trust, the Bayfront Trust and the Public Health Trust are night and day. This trust is an operational trust, like the Public Health Trust. The trust as Virginia Key and Bayfront Trust are advisory trusts. They're not operational trusts. I think it's the same issue that we talk about in the context of this morning of bringing in a board, empowering them to make decisions and then not listening to them. I will tell you, given the unique nature of this community, I am not interested at all in asserting jurisdiction in what is essentially a neighborhood development in your district. However, I can make just as rational arguments that the Commission as a body should have the approval right. Now, this is for the initial or all directories or the initial director? Mr. Vilarello: Only the initial. All subsequent executive directors would be appointed by the Trust, approved by the City Commission, so only the first transition -- Commissioner Teele: I mean, I would yield to what any three Commissioners want to do. However, I feel this could be the kind of issue that winds up where we -- wind up basically second-guessing and creating -- when you bring in a high-power board, like we have there -- and this is a high-power board -- I don't think anybody is going to say this is -- and the Manager made the recommendation on all of the board members, except the public advocate. The public advocate that has been designated is a person's late husband, has a school named for him. She's 80 years old and they're to protect the interest of what I consider to be the greatest challenge that this Trust has got and that is making sure that we don't do in Model City what we're doing in Omni, Overtown and Park West, and that is, see property values skyrocket because if property values skyrockets in the homeownership zone, we're dead, and again, it's that kind of thing where we have to put on different hats and wear different robes, so I just feel very strongly, but I respect totally the professional and the views of each of the members of this board. This is a matter you can cut it right down the center, six on one hand, half a dozen on the other. I come down establishing and empowering this board with the ability to make that initial decision and not have a second guess. Vice Chairman Winton: How are the board members -- the Manager appointed all of these board members; isn't that correct, Commissioner Teele? 182 July 9, 2002 Commissioner Teele: The Manager -- Vice Chairman Winton: I mean, selected them. Commissioner Sanchez: The Manager appoints the first one and then, after that, if that person were to resign or for whatever reason move on, then the executive director would be the one to appoint the members. Vice Chairman Winton: The executive director appoints future board members? No, it can't be. Commissioner Teele: No. The Manager nominated all of the board members, with the exception of the public advocate. The public advocate is Mrs. Porter, the lady who has lived in the area, who is 80 years old, and I think that's a very interesting issue that I'm on 180°. Everything that I talked about with redevelopment, I want to repudiate as it relates to the homeownership zone, because the one thing that we don't want is property values to just dramatically go up there, but with the one exception of Mrs. Porter, the five persons, there's one vacancy that is left for the Manager to nominate on. The five named persons are all, by any standard -- stretch of the imagination, overqualified and fully qualified -- Vice Chairman Winton: How do they get replaced? What's the successor process? Commissioner Teele: City Commission. They are replaced in the same manner that they are appointed. The Manager nominates and the Commission approves. Commissioner Gonzalez: Commissioner Teele, are you referring to Mrs. Clara Porter? Commissioner Teele: No, you're talking about Clara Porter. No, no, no, this is Wille Pearl Porter. Ms. Clara Porter is also -- she'd kill you if she heard you say she was 80 years old. Ms. Clara Porter is very well-known in the community and is an activist. Mrs. Willie Pearl Porter is an educator and a nurse and her husband was the late Dr. Gilbert Porter. Commissioner Gonzalez: The reason I ask you was, I work with Mrs. Porter and Mr. Packingham in tri -city, so the budget is going to be approved by the Commission, you said -- Mr. Vilarello: Yes. Commissioner Gonzalez: So there was a mistake here on the -- when you wrote up the recommendations? Mr. Vilarello: Yes. Commissioner Gonzalez: As far as the first director, I believe that a Commission is going to accept the nomination of the committee, whomever it is, but I happen to agree with Commissioner Sanchez, that the nomination should be ratified by the City Commission. We will 183 July 9, 2002 probably accept the nomination of the committee. I don't see a reason why not accepting the nomination. Commissioner Teele: If Commissioner Sanchez would make the motion to amend it and you second it, I'm just going to vote against it, but I think we ought to move on. Commissioner Sanchez: Motion to amend the motion -- the ordinance. Commissioner Gonzalez: Second the amendment. Mr. Vilarello: Commissioner, getting back to the filling of the vacancies. I might have misunderstood a question that you asked. The vacancies are filled by the District 5 Commissioner for the duration of the unexpired term, but the initial appointments are appointed by the Manager and approved by the City Commission. Commissioner Teele: We're saying vacancies of the board? Vice Chairman Winton: Yeah. Commissioner Teele: I thought that they were appointed in the manner that they would have -- Vice Chairman Winton: Yeah, because that's what you just said. Carlos Gimenez (City Manager): It says that should a board member resign, death, et cetera, before the vacancy term expires -- Commissioner Teele: But at the end of the term, what is the -- Mr. Gimenez: -- the same procedure applies. The Manager recommends, the Commission approves. Any vacancy or any -- somebody who's short of the term, drops out for any reason, then the District 5 Commissioner makes the appointment. Vice Chairman Winton: Commissioner Teele, is there a value in that versus they all come back here? Commissioner Teele: Well, they all come back. I think, candidly, I did not -- I was not aware that that particular provision was there. I would have no objection to allowing them to be appointed in the same manner that they are, other than I think that, in the case of a vacancy, it should say either the Manager or the District 5 Commissioner may nominate, but I think what we can't afford to do is to wind up with what happens across the board, where -- Vice Chairman Winton: That's right, and that's why your idea is a good one there, either the Manager or the District 5 Commissioner may nominate -- Commissioner Teele: May nominate and shall be subject to the full confirmation, and I would accept that without -- 184 July 9, 2002 Commissioner Sanchez: All right, there's a motion and second, as amended. Vice Chairman Winton: Double amendment. Mr. Vilarello: And that's nominated and appointed or nominated and then confirmed by the City Commission? Commissioner Teele: Nominated by either the Manager or the District 5 Commissioner and confirmed by the City Commission. Chairman Regalado: It's a second reading ordinance, as amended? Commissioner Sanchez: As amended. Commissioner Teele: You've got a motion and a second. I want to register a "no" vote, but I think, if the will of the Commission is to do this, I certainly am going to work with the process, but I just think that we need to be very careful when we appoint these kind of boards because I can see, if we get into a fight early on about nominations and that, this whole thing can wind up being set back for a couple of months or whatever, and I know this town -- I know this Commission. I don't want to run that risk in my district of seeing the thing, you know, get into a fight. Commissioner Gonzalez: But once again, the nominations will be made by you, Commissioner, or by the City Manager, right? Commissioner Sanchez: Either one or confirmed by us. Commissioner Teele: We're talking about vacancies based upon people who quit or fail to serve or cannot serve or for whatever reason, and the executive director -- all executive directors will be confirmed by this Commission after the initial one. The motion right now is to say including the initial one. That's the motion that you made and Commissioner Gonzalez seconded, and I just would like to have a vote on the motion, so that I can vote against it, because I think it really doesn't serve us well to put a board like this together and start it out this way, but in any event, the will of the majority is the will of -- Commissioner Sanchez: Call the question on the motion. Chairman Regalado: The motion is outside the framework of the ordinance; is that correct, Mr. City Attorney? Mr. Vilarello: You're making a motion -- Chairman Regalado: No, I'm not making a motion. Commissioner Sanchez made a motion, seconded by Commissioner Gonzalez, but they want to vote on this motion, but this -- we're not voting on the ordinance. 185 July 9, 2002 Mr. Vilarello: That's correct. You're voting on -- Commissioner Teele: You're voting on the language that will be included going forward. Vice Chairman Winton: Are we only voting on the executive director amendment and then we'll vote on the -- Commissioner Teele: The whole ordinance. Vice Chairman Winton: No, but on the -- Mr. Vilarello: Executive Director, vacancies, the budget -- Vice Chairman Winton: On the board issue. Commissioner Teele: I thought we had agreed to accept those without objection. There was unanimous consent on those, and as the sponsor of the legislation, I would authorize the City Attorney to make the changes that have been agreed upon. Vice Chairman Winton: So do we need to vote on that, though? That's all I'm trying to understand. Mr. Vilarello: I would certainly have you include all of those things you agreed on, because the problem is that once this ordinance has reached -- Vice Chairman Winton: Commissioner Teele, do you want them separated or not? Because you want to vote "no" on one -- Commissioner Teele: Let's vote on the motion that's on the table now, and then we'll come back and do exactly what the City Attorney is recommending -- Vice Chairman Winton: -- which is only the executive director. Chairman Regalado: On the motion for the executive director, the first one, to be confirmed by the Commission. The rest, we all know that it will. Let's have a roll call, please, Madam City Clerk. Ms. Thompson: Sure. Commissioner Winton? Vice Chairman Winton: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. :: July 9, 2002 Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes. Ms. Thompson: Commissioner Teele: Commissioner Teele: No, ma'am. Ms. Thompson: And Chairman Regalado? Chairman Regalado: Yes. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-824 A MOTION TO AMEND PROPOSED ORDINANCE REGARDING MODEL CITY HOMEOWNERSHIP TRUST BY PROVIDING THAT THE EXECUTIVE DIRECTOR OF SAID TRUST IS TO BE CONFIRMED BY THE CITY COMMISSION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: None. Vice Chairman Winton: And then the second motion is -- Commissioner Teele: I would move the changes that have been discussed by the City Attorney, and those changes include that the initial budget will be approved by the City Commission as all subsequent budgets. Commissioner Gonzalez: Second. Commissioner Teele: Let me give you all of the changes. Secondly, that the unexpired term shall be nominated either by the District 5 Commissioner or the City Manager and confirmed or approved by the Commission, and was there anything else, Mr. Attorney? I would so move. Commissioner Sanchez: Second. 187 July 9, 2002 Chairman Regalado: We have a motion to approve the ordinance second reading, with amendments. Commissioner Teele: Call the question on the amendments. Vice Chairman Winton: Yes. Chairman Regalado: You want outside of the ordinance? All in favor of the amendment, say LL " aye. The Commission (Collectively): Aye. Chairman Regalado: Passes. July 9, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-825 A MOTION TO AMEND PROPOSED ORDINANCE REGA4RDING MODEL CITY HOMEOWNERSHIP TRUST BY PROVIDING THE FOLLOWING: 1. THE BUDGET WILL BE APPROVED BY THE CITY COMMISSION; 2. THE FILLING OF VACANCIES FOR UNEXPIRED TERMS SHALL BE NOMINATED EITHER BY THE COMMISSIONER FOR DISTRICT 5 OR THE CITY MANAGER, AND CONFIRMED OR APPROVED BY THE CITY COMMISSION. 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. Vice Chairman Winton: Now, a motion to approve the second reading. Commissioner Teele: So moved. Commissioner Sanchez: Second. I've had too much understanding. Ms. Thompson: There's already a motion. Chairman Regalado: Read the ordinance, please. Alejandro Vilarello (City Attorney): For the Clerk's record, the title is changing slightly. It's not material, and I'll read the correct title into the record. Chairman Regalado: Roll call. Ms. Thompson: The ordinance is approved, 5/0, on second reading, with modifications. July 9, 2002 An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5, ARTICLE I, DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COMMUNITY REVITALIZATION, COMMUNITY REVITALIZATION DISTRICTS, MODEL CITY HOMEOWNERSHIP TRUST" TO: (A) CHANGE THE NAME OF THE TRUST TO MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST; (B) EXPAND THE BOUNDARIES OF THE MODEL CITY REVITALIZATION DISTRICT; (C) EXPAND THE TRUST'S POWERS AND DUTIES; (D) PROVIDE FOR THE FILLING OF VACANCIES; (E) PROVIDE FOR THE APPOINTMENT OF THE TRUST PRESIDENT/CHIEF EXECUTIVE OFFICER; AND (E) PROVIDE FOR TRANSITION OF PRESIDENT/CHIEF EXECUTIVE OFFICER; AND (F) PROVIDE FOR TRANSITION OF PRESIDENT/CHIEF EXECUTIVE OFFICER AND TRANSITIONAL PROCEDURES FOR CERTAIN OPERATIONAL AND BUDGET FUNCTIONS; MORE PARTICULARLY BY AMENDING SECTIONS 12.5-26, 12.5-27, 12.5-29, 12.5-30, 12.5-31, AND 12.5-32, AND BY ADDING NEW SECTIONS 12.5-33 AND 12.5-36 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance 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 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. 12257. 46. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT42-140 NW 41 AVENUE (Applicant(s): BF Hospitality, LLC). Chairman Regalado: OK. We're on to Item 30, unless -- 190 July 9, 2002 Vice Chairman Winton: Are they ready for the PZ (Planning & Zoning)? Chairman Regalado: Yeah, unless they're ready. Lourdes, are they ready? Vice Chairman Winton: They're ready. Everybody's ready. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Yes. Commissioner Sanchez: Is there a (UNINTELLIGIBLE)? Ms. Slazyk: No. Chairman Regalado: OK, so PZ -4 and 5 companions. Johnny, can you chair? Vice Chairman Winton: Yes, I will chair, and the Chair recognizes -- the Vice Chair that's chairing recognizes the Chair, who isn't chairing. Chairman Regalado: OK. Thank you very much. Lourdes, could you give us an idea of what's your proposal and what does it mean? Ms. Slazyk: Yes. Right. What -- we explained it to the neighbors. What the proposal we made was that the -- if the application were to change for the rear property, which is the subject property on this application, to a request for R-4 versus C-1, that perhaps that would alleviate some of the fears of the neighbors regarding the commercial intrusion into the area. Once we explained it to them, they still felt strongly that they would prefer those properties remain duplex. We explained that the purpose for the zoning change for the applicant was to get the additional -- this property lost 20 feet off of LeJeune when there was an expansion, a widening of LeJeune. What they want to do is move the building back the 20 feet necessary in order to have an entrance on LeJeune and not have the building right up on the base building line fronting LeJeune. They understood that that was the purpose. They had first said, well, why can't they ask for R-3? I said, well, with R-3, they wouldn't be able to move their building 20 feet back, which is what they were intending to do all along. We discussed different options of maybe lining the building fronting their street with other residential uses, which would at least give the appearance of the residential, and the applicant had agreed to do that, but the neighbors still felt strongly that they wanted the R-2. They don't want to change there, so that's where it ended. Chairman Regalado: So what we're voting here is on the change for R-4 or -- Ms. Slazyk To R-4, right. I think the applicant had agreed to modify the request to R-4, and since it's a lesser district than what was advertised, you would be able to act on the request. The Planning and Zoning Department, based on the proffered covenants all the conditions proffered in the original covenant, plus the condition, and the most important one is that they line 41st with residential uses at a height not to exceed 25 feet, which is the same height that's allowed across the street. We would recommend approval if all of that were to be accepted. Chairman Regalado: OK. Motion to approve on first reading ordinance. 191 July 9, 2002 Commissioner Gonzalez: Second. Ms. Slazyk: First reading. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Maxwell: Could I just have the Planning Department clarify something? Ms. Slazyk said if that were to be accepted. I believe what you're saying is, that is the Planning Department's recommendation with those conditions. Ms. Slazyk With ,yes. Vice Chairman Winton: That's correct. Ms. Slazyk With the voluntarily proffered conditions, the Planning Department would recommend approval. Again, the most important is the one that is not in the draft covenant that we've seen -- Vice Chairman Winton: Right. Ms. Slazyk -- which is the lining. Vice Chairman Winton: Which is the lining, which is a big deal. Ms. Slazyk Right. Ms. Dougherty: We are happy to do that, but I want you to recognize that we're not going to have that 20 -foot landscape buffer. Vice Chairman Winton: That's correct, right. Ms. Dougherty: So, if we're going to bring -- Vice Chairman Winton: Now it becomes homes. Ms. Dougherty: So, we'll come back with a separate -- we'll work with staff for another covenant— Ms. Slazyk Right, it would have to be 10 feet versus 20, right. Ms. Dougherty: -- and we will work with the staff and bring -- Ms. Slazyk: Before second reading. 192 July 9, 2002 Ms. Dougherty: -- before second reading. Ms. Slazyk: That would work. Vice Chairman Winton: OK. Chairman Regalado: OK. Vice Chairman Winton: We have a motion and a second. Do we have further discussion? And the public hearing has been closed, right? Commissioner Gonzalez: It's closed, right. Mr. Maxwell: You haven't closed it yet, I don't believe. Commissioner Gonzalez: I think Commissioner Regalado closed it. Vice Chairman Winton: I don't think he could because I was -- think I was chairing, so anyone else from the public want to comment on this issue? Haydee Valdes: Let me clarify something. My name is Haydee Valdes, 41 Northwest 41 Avenue, Miami, Florida, 33126. I understand that they wanted to change the part, but the main things for when we talk with the other residents on the area, that we don't want it to change the R-2. Vice Chairman Winton: We understand that. Ms. Valdes: Because even though they give you those things, they can change it later on, you know. It's something that doesn't stay. Constantly, we have come in here because we changing constantly and we live long time in that area. If they give you to R-4, you said? Chairman Regalado: R-4. Ms. Valdes: You build the duplex, but the duplex doesn't seem the same that the one that we have right now because they don't have a space in front. How do they make the duplex? And we can make also the decision because all the sign -- the people that sign the paper doesn't want to make any change. If you do something here, I need the 24 copies of the things that you decided to give it to the people because we only come because you see, it's a very long time and not everybody -- everybody has, you know, things to do. We don't have a lawyer. We don't have time. You know, he do his job, it's OK, but imagine, it's so many -- if you decide the same thing today that you having to come again and again and again. It's the same thing. We live long time there with the same restrictions and we very happy to stay like we are right now, and most of the houses (UNINTELLIGIBLE) space to make a nice building and to do a parking lot on that area that they come making R-2, you know. When he buy the property, he decide -- he knows what he's buying because something different. We are not discussing something 193 July 9, 2002 different. We want it like a neighborhood, to maintain the neighborhood that it is, you know. He can build a building, the right to do his building because he buy the property, but he need to maintain the restriction, you know. Vice Chairman Winton: OK. Ms. Valdes: Because next time, maybe we -- I am not here. He has the money to come every time that he come, I know. Vice Chairman Winton: OK. Ms. Valdes: You know. Vice Chairman Winton: Thank you for your comments. Ms. Valdes: Anyway, we have to tell him -- the other people -- Vice Chairman Winton: Right. Ms. Valdes: -- that signed that paper. Vice Chairman Winton: Thank you. Ms. Valdes: OK. Thank you. Vice Chairman Winton: OK, we're going to -- Any other comments? We're going to close the public hearing. We have a motion and a second. Mr. Maxwell: Just one moment, Mr. Chairman. Vice Chairman Winton: I'm sorry. Mr. Maxwell: I need a clarification on the record. Ms. Slazyk, would there be any change in the comprehensive plan designation or would it remain the same? Ms. Slazyk: Yes, it would change to high-density multifamily residential. Mr. Maxwell: So that's what you're asking the Commission to -- Ms. Slazyk Yes, yes. Actually, PZ -4 is the comp. plan change. PZ -5 is the zoning change. PZ - 4, the request would change, instead of from duplex residential to restricted commercial, it would be duplex residential to high-density multifamily residential, and on PZ -5, it would go from R-2 to C-1 -- I mean, to R-4. Vice Chairman Winton: Ma'am, we had closed the public hearing, but if you have something to say that's very different, I will reopen it for 30 seconds, but not to hear the same thing. 194 July 9, 2002 Laimi Fernandez: If it is going to be changed to R-4, we prefer to have the wall, the 6 -foot -- feet high wall, instead of houses that they are -- that she is proposing. Vice Chairman Winton: OK, thank you. Teresita Fernandez: May I? Teresita Fernandez, for the Hearing Boards of the Planning and Zoning Department. Mr. Chairman, do you still want the second reading in September? Chairman Regalado: No, in July. July 25tH Ms. Fernandez: OK. Thank you. Vice Chairman Winton: OK, so we'll close the public hearing. Now, there was an interesting comment by them. I -- frankly, I don't know what to do with this, on this particular comment because the neighbors said they would prefer not to have the linear -- Ms. Dougherty: I suggest we just leave it open on that issue. Vice Chairman Winton: I'm sorry? Ms. Dougherty: I'll deal with the staff, if you just leave that issue open on the covenant. Between now and the second reading, we will work out a covenant. Vice Chairman Winton: Joel, can we do that? Are you listening? The issue over whether or not you put linear -- put -- line that street back there with houses or leave it open. Ms. Slazyk: Leave a wall. Vice Chairman Winton: The neighbors just said, we'd rather leave the wall, have the buffer, that stuff, so -- Mr. Maxwell: That could be done on second reading. Vice Chairman Winton: OK. She just suggested that we leave that issue open so that you all can get that figured out between now and then, so that's all right? Ms. Slazyk: All right. Mr. Maxwell: Yes, sir. Vice Chairman Winton: All right, so we have a motion and a second. Do we have any further discussion? This is an ordinance or what is it? Chairman Regalado: Yes, it is. First reading. 195 July 9, 2002 Vice Chairman Winton: Read the ordinance, please. Chairman Regalado: Roll call. Vice Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance has been approved on first reading, 5/0, with modifications. Mr. Maxwell: Yes. An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 420-140 NORTHWEST 41sT AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Chairman Regalado, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. July 9, 2002 47. FIRST READING ORDINANCE: AMEND 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 (Applicant(s): BF Hospitality, LLC). Chairman Regalado: Move PZ -5, with modifications. Commissioner Sanchez: Second. Vice Chairman Winton: OK, we have a motion and a second. Is this a public hearing also? Chairman Regalado: Companion. Joel Maxwell (Deputy City Attorney): Yes, sir. You need to open and close the public hearing. Vice Chairman Winton: OK. This is a public hearing on 5, which is essentially -- it's the same subject matter. Anyone from the public want to comment on PZ -5? Being none, close the public hearing. We have a motion and a second accepting what, the staff s recommendation on this? Mr. Maxwell: That's right. Ms. Slazyk. Lourdes Slazyk (Assistant Director, Planning and Zoning): Yes, approval with the proffered conditions in the covenant. Vice Chairman Winton: OK. Do we have further discussion from the dais? Chairman Regalado: No. Vice Chairman Winton: Is this an ordinance? Mr. Maxwell: Yes, it is. Vice Chairman Winton: Please, read. Mr. Maxwell: As modified, and this going to R-4 Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Winton: Call, please. Ms. Thompson: The first reading ordinance has been approved, as modified, 5/0. 197 July 9, 2002 An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTATCHMENT, APPROVING THE CHANGE OF THE ZONING ATLAS OF ORDINANACE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING PAGE NO. 32, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL AND SD -12 BUFFER OVERLAY DISTRICT TO R-4 HIGH DENSITY MULTIFAMILY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 42-140 NORTHWEST 41sT AVENUE, MIAMI, FLORIDA, LEGALLY DESCDRIBED IN ATTACHED "EXHIBIT A." was introduced by Chairman Regalado, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 48. DESCRIBE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN CITY. Vice Chairman Winton: OK, back to the Commission agenda. Chairman Regalado: Thank you. Back to the Commission agenda, Item 30. Did we do 30? Vice Chairman Winton: I don't think so. Carlos Gimenez (City Manager): No. Chairman Regalado: No, we did not. Item 30, it's Department of Solid Waste, a resolution. Commissioner Gonzalez: Move Item 30. Vice Chairman Winton: Second. July 9, 2002 Chairman Regalado: No raise here. Mr. Gimenez: No, sir. Unidentified Speaker: No raise. Mr. Gimenez: I'd like to put something on the record. Vice Chairman Winton: Yeah. Mr. Gimenez: I would -- I'll come back to the Commission with a proposed ordinance that would give you automatic raises to the rate that coincide with the increases in the tipping fee that we get from Dade County. This is now the third year we're not going to have a raise in Solid Waste, but in actuality, we're going backwards because the County keeps on charging us more and we're not recouping those costs, so I think it's only prudent that we do that; it would be automatic, so that the next year you may have a $4.00 increase next year due just to the fact of what Dade County rise in the tipping fees. Vice Chairman Winton: I'm withdrawing my second. Chairman Regalado: OK. You want to think through this and come back on the 25th or what do you want to do, Johnny? Vice Chairman Winton: Well, I'll tell you where I am on this, is that Solid Waste already is partially subsidized by the general fund, and every time the damn County raises their fee, which just sucks more money out of the general fund as opposed to going directly to where the service is delivered, and I don't think that's fundamentally right, so I would be voting on increase in this to match the increase that the County is passing on to us, so that's where I would be coming from, personally. Mr. Gimenez: That's why I said that I will come back with an ordinance that we can do that next year. We're OK this year. We just need to make sure that we don't fall behind. Vice Chairman Winton: Well, we're not OK this year because we just ate the fee. Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Regalado: Go ahead. Mr. Vilarello: The County needs this information for the trim bill, I think -- I believe tomorrow. If you were to raise this, this would be the time to do it. If you don't raise it at this point, then you could raise it later, but it would be -- you would require to direct bill for that increase. Vice Chairman Winton: Which doesn't make a lot of sense. 199 July 9, 2002 Chairman Regalado: OK. The Manager says we're OK for this year. Johnny said we are not, so you -- we need to vote. Vice Chairman Winton: Well, we are to the agree that we're going to eat it. Chairman Regalado: We need to vote. Vice Chairman Winton: (UNINTELLIGIBLE) the general fund. Mr. Gimenez: My recommendation is that we pass it this year at the rate that we have, and that an ordinance be passed; that next year it's automatic. It'll probably be about a $4.50 raise, next year's rate, just so that we don't continue to go backwards. This year, my recommendation is to pass the ordinance as -- the resolution, as proposed. Chairman Regalado: OK. It's a resolution. We have a -- would you second it? Commissioner Gonzalez: I moved 30, Commissioner Winton second it, but then he -- Vice Chairman Winton: (UNINTELLIGIBLE) the second. Commissioner Gonzalez: -- (UNINTELLIGIBLE) the second. Withdrew from the second. Chairman Regalado: Do we need a second? Commissioner Gonzalez: Yes, sir. Chairman Regalado: We need a second. Where is -- are you going to second that? Commissioner Teele: On what? Chairman Regalado: On the Solid Waste -- Mr. Vilarello: Solid Waste assessment. Chairman Regalado: No raise, by the way. He second it. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: No. Chairman Regalado: OK, one no. 200 July 9, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-826 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 12, 2002; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: Commissioner Joe Sanchez 49. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR PROCUREMENT OF ENGINEERING READER PRINTER, MODEL RP 6009Z FOR NEIGHBORHOOD ENHANCEMENT TEAM (NET) FROM MINOLTA BUSINESS SYSTEMS, INC., $35,000. Chairman Regalado: NET (Neighborhood Enhancement Team) Office. It's a resolution, 4/5ths. Commissioner Gonzalez: Which one is that, Mr. -- Chairman Regalado: 31, 31. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. 201 July 9, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-827 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 219407 FOR THE PROCUREMENT OF AN ENGINEERING READER PRINTER, MODEL RP 6009Z, INCLUDING TRAINING AND A ONE-YEAR MAINTENANCE AGREEMENT, FOR THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM MINOLTA BUSINESS SYSTEMS, INC., IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.6.840. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 50. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH CITY DEPARTMENT OF OFF-STREET PARKING FOR CONSTRUCTION, OPERATION, MAINTENANCE AND MANAGEMENT OF TWO PARKING FACILITIES TO BE LOCATED ON WATSON ISLAND FOR TWENTY YEARS. Chairman Regalado: 32, Department of Off -Street Parking, an agreement for the construction of two parking facilities on Watson Island. Commissioner Gonzalez: Move Item 32. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. Martin Tritt: I'd like to know where they are. Chairman Regalado: OK. It's a public hearing, and go ahead, sir, your name. July 9, 2002 Mr. Tritt: My name is Martin Tritt, 5261 LaGorce Drive, Miami Beach. I just haven't heard anything about it. I'd like to know the location and what type of facility they are. Chairman Regalado: Sure. Mr. Noriega, could you? Art Noriega (Executive Director, Department of Off -Street Parking): There are two facilities. One is on the south side adjacent to what is going to be the proposed Children's Museum. At this point, roughly a 200 -space surface lot. If we can get FDOT (Florida Department of Transportation) to agree to allow us to build on top of the tunnel right-of-way, we might be able to increase it by 60, 70 spaces at the most. The north side is the boat ramp lot, so it's going to be directly adjacent to the boat ramp. Mr. Tritt: OK. All right. That's all I wanted to know. Chairman Regalado: Thank you. OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-828 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTATCHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND MANAGEMENT OF THE TWO PARKING FACILITIES TO BE LOCATED ON WATSON ISLAND FOR A PERIOD OF TWENTY YEARS, WITH THE OPTION TO RENEW FOR ONE TEN-YEAR PERIOD BY MUTUAL AGREEMENT, AND UNDER THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 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. NAYS: None. ABSENT: Commissioner Joe Sanchez 203 July 9, 2002 51. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY AND AMEND RESOLUTION NO. 01-477 BY INCREASING CONTRACT WITH MORLIC ENGINEERING CORP., $130,000, FROM $1,233,564.05 TO $1,363,564.05 FOR "ROADS AREA STREET/STORM SEWER PROJECT, B-5605". Chairman Regalado: 33, Department of Public Works. It needs a 4/5th vote. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." John Jackson (Director, Public Works): Commissioners. Chairman Regalado: Yes, sir. Mr. Jackson: John Jackson, Director of Public Works. Commissioner Sanchez, on Item 33, he may want to have a comment on this one. This is in his district. It's an increase in the Roads area project. Vice Chairman Winton: Well, why would -- Chairman Regalado: He'll be happy. Vice Chairman Winton: (UNINTELLIGIBLE) complain about it? Chairman Regalado: He'll be happy, that's what he will be. Vice Chairman Winton: You think he's going to complain about doing more (UNINTELLIGIBLE)? Chairman Regalado: He's not going to complain for more money. Mr. Jackson: I wouldn't think so, but you know -- Vice Chairman Winton: Me neither. Chairman Regalado: No. Vice Chairman Winton: If he does, it can come back. Chairman Regalado: OK. All in favor, say "aye." The Commission (Collectively): Aye. July 9, 2002 Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-829 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AND AUTHORIZING AN INCREASE IN THE CONTRACT WITH MORLIC ENGINEERING CORP., APPROVED PURSUANT TO RESOLUTION NO. 01- 477, IN AN AMOUNT NOT TO EXCEED $130,000, FROM $1,233,564.05 TO $1,363,564.05 FOR THE "ROADS AREA STREET/STORM SEWER PROJECT, B-5605"; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352279, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 52. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY AND AUTHORIZE INCREASE IN CONTRACT WITH H & R PAVING, INC., PURSUANT TO RESOLUTION NO. 01-1284, $25,000, FROM $88,246.65 TO $113,246.65, FOR ADDITIONAL WORK ON PROJECT ENTITLED "OMNI AREA PAVING PROJECT, 13- 4641". Chairman Regalado: 34, it needs a 4/5th Vice Chairman Winton: So moved. Chairman Regalado: It's Omni area paving project. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." 205 July 9, 2002 The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-830 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND AUTHORIZING AN INCREASE IN THE CONTRACT WITH H & R PAVING, INC., PURSUANT TO RESOLUTION NO. 01-1284, ADOPTED DECEMBER 13, 2001, IN AN AMOUNT NOT TO EXCEED $25,000, FROM $88,246.65 TO $113,246.65, FOR ADDITIONAL WORK ON THE PROJECT ENTITLED "OMNI AREA PAVING PROJECT, B-4641"; ALLOCATING FUNDS FROM PROJECT NO. 341170, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 53. APPROVE, SET FORTH AND SUBMIT TO ELECTORATE PROPOSED CHARTER AMENDMENT NO. 1, AMENDING COMPENSATION FOR COMMISSIONERS TO ESTABLISH SALARY INITIALLY EQUAL TO SIXTY PERCENT (60%) OF SALARY OF MAYOR ON JULY 9, 2002, $57,600, AND PROVIDE FOR ANNUAL INCREASES THEREAFTER BASED ON CONSUMER PRICE INDEX AND PROVIDE SUCH ANNUAL INCREASE MAY NOT EXCEED FIVE (5%) OF SALARY EXISTING ON THAT DATE. Chairman Regalado: 34A, Law Department, the charter amendment. Johnny is coming back. Vice Chairman Winton: Coming back. Yeah, this is the resolution to put a referendum on the ballot that will increase Commissioners' salary to an amount that's equal to 60 percent of the salary of the Mayor on July 9, 2002, which amount would be $57,600, and would further provide that there would be annual increases thereafter, based on the Consumer Price Index, and providing, however, that the CPI (Consumer Price Index) increase be capped at 5 percent, so if the CPI went to 10 percent, Commissioners would still only get a 5 percent increase. If the CPI was 2 percent, then the Commissioners would get a 2 percent increase. 206 July 9, 2002 Chairman Regalado: OK. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-831 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTATCHMENT(S) APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1; AMENDING THE COMPENSATION FOR CITY COMMISSIONERS TO ESTABLISH THE SALARY INITIALLY EQUAL TO SIXTY PERCENT (60%) OF THE SALARY OF THE MAYOR ON JULY 9, 2002, WHICH IS $57,600, AND PROVIDING FOR ANNUAL INCREASES THEREAFTER BASED ON THE CONSUMER PRICE INDEX AND PROVIDING SUCH ANNUAL INCREASE MAY NOT EXCEED FIVE (5%) OF THE SALARY EXISTING ON THAT DATE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. 207 July 9, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 54. CONFIRM APPOINTMENT OF TONY CRAPP SR. AS MEMBER OF BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY. Chairman Regalado: 35, a Commission at large, Downtown Development Authority. Johnny. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: Who is it? Vice Chairman Winton: Tony Crapp, Senior. Chairman Regalado: OK. All in favor -- it's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-832 A RESOLUTION OF THE MIAMI CITY COMMISISON CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A TERM AS DESIGNATED HEREIN. KIK July 9, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Commissioner Sanchez is not here for the Status -- Commissioner Teele: Let me congratulate Off -Street Parking for accepting the challenge and working in a very thoughtful and intelligent way for more diversity, and I know that I've been here for three years. Vice Chairman Winton: Who? Commissioner Teele: DDA (Downtown Development Authority). Chairman Regalado: DDA. Commissioner Teele: DDA, I'm sorry -- for looking for more diversity, and I think it's an excellent way to build relationships with the County, and I think, you know, it's obvious that you have a thoughtful person side. I commend and I would hope that you would pass that on because I know the board has been concerned that I've raised the question in the past for three years for lack of diversity, but I've never held an appointment hostage, so -- Vice Chairman Winton: Thank you. Chairman Regalado: And, besides, he's a nice guy, other than that. 55. APPOINT DALE WEBB AS MEMBER OF CITY'S ARTS AND ENTERTAINMENT COUNCIL. Chairman Regalado: The Manager has requested a resolution -- Vice Chairman Winton: I need to make appointments, you know. Chairman Regalado: -- that really needs to be done. Would somebody move it? Vice Chairman Winton: Commissioner -- Chairman Regalado: About the tires, the tires. KIM July 9, 2002 Vice Chairman Winton: -- I have an appointment to make. Chairman Regalado: No, you don't. Vice Chairman Winton: No? Well, I would like to make one, how's that, to the Arts and Council or whatever that thing is. Chairman Regalado: Oh, OK. It wasn't here. Vice Chairman Winton: No, it wasn't here. I didn't do it last time. Chairman Regalado: We have a motion to appoint. Vice Chairman: Dale Webb. Commissioner Teele: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-833 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 210 July 9, 2002 56. AUTHORIZE MANAGER TO EXECUTE REVOCABLE PERMIT WITH RACEWORKS, LLC, REVOCABLE AT -WILL, FOR PURPOSE OF STORING FOUR THOUSAND BARRIER TIRES ON TWO ACRES OF VACANT LAND AT VIRGINIA KEY. Commissioner Teele: Mr. Chairman, I would move the resolution requesting by the Manager, authorizing the Manager to accept -- to execute a revocable permit, acceptable to the City Attorney, with Raceworks, for the purpose of storing approximately 4,000 barrier tires on approximately two acres of vacant land, with certain conditions and restrictions as set forth in the written agreement. 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. 211 July 9, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-834 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH RACEWORKS, LLC (THE "PERMITTEE"), REVOCABLE AT -WILL, FOR THE PURPOSE OF STORING APPROXIMATELY FOUR THOUSAND (4,000) BARRIER TIRES ON APPROXIMATELY TWO (2) ACRES OF VACANT LAND AT VIRGINIA KEY, SUBJECT TO: (1) PERMITTEE AGREEING TO REMOVE AND DISPOSE OF THE TIRES UPON THE REVOCATION OF THE PERMIT AND RESTORING THE AREA TO A CONDITION ACCEPTABLE TO THE CITY; (2) PERMITTEE PROVIDING A SECURITY DEPOSIT IN AN AMOUNT AND TYPE ACCEPTABLE TO THE CITY MANAGER SUFFICIENT TO COVER THE COST FOR REMOVAL AND DISPOSAL OF SAID TIRES AND RESTORATION OF THE AREA IN THE EVENT PERMITTEE FAILS TO DO SAME; (3) PERMITTEE, AT ITS SOLE COST AND EXPENSE, OBTAINING ALL NECESSARY PERMITS; (4) PERMITTEE, AT ITS SOLE COST AND EXPENSE, INSTALLING ANY IMPROVEMENTS DEEMED NECESSARY BY THE CITY TO PROTECT THE CITY PROPERTY; (5) PERMITTEE HAVING THE RIGHT TO INSTALL, SUBJECT TO OBTAINING ALL NECESSARY PERMITS, FENCING AND SUCH LANDSCAPE IMPROVEMENTS THAT MAY BE REQUESTED BY THE CITY IN ORDER TO SECURE THE AREA; (6) PERMITTEE INDEMNIFYING AND HOLDING THE CITY HARMLESS WITH RESPECT TO ALL MATTERS ASSOCIATED WITH THIS STORAGE SPECIFICALLY INCLUDING, BY NOT LIMITED TO, HOLDING THE CITY HARMLESS WITH RESPECT TO ENVIRONMENTAL MATTERS; (7) PERMITTEE PROVIDING INSURANCE IN THE AMOUNTS AND TYPES REQUIRED BY THE CITY OF MIAMI DEPARTMENT OF RISK MANAGEMENT; AND (8) PERMIT NOT BEING ASSIGNABLE; AND (9) IN ACCORDANCE WITH OTHER TERMS AND CONDITIONS TO BE SET FORTH IN THE PERMIT. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 212 July 9, 2002 57. ACCEPT REPORT PREPARED BY OUTSIDE LEGAL COUNSEL MATTHEW LEIBOWITZ, LEIBOWITZ AND ASSOCIATES, P.A., REGARDING CHANGE OF CONTROL OF CABLE TELEVISION LICENSE GRANTED TO MIAMI TELECOMMUNICATIONS, INC., SUBSIDIARY OF AT&T BROADBAND LLC, FROM AT&T BROADBAND, LLC, TO AT&T COMCAST CORPORATION. Chairman Regalado: Can I do two banners, Mr. Vice Chair? Vice Chairman Winton: I'm sorry? Chairman Regalado: Johnny? Vice Chairman Winton: Yes, sir. Chairman Regalado: Can I do two banners? Vice Chairman Winton: Yes, you may. Mr. Chair, you're recognized. Chairman Regalado: OK. Commissioner Gonzalez: Mr. Chairman, are we finished with the agenda? Chairman Regalado: Yes. Alejandro Vilarello (City Attorney): Mr. Chairman -- Commissioner Gonzalez: That's great to hear that. Mr. Vilarello: -- there's Item 4. It's simply accepting a report. There's no action necessary. Chairman Regalado: We did that. Mr. Vilarello: It's not noted. Chairman Regalado: Because there was no action, remember? We did that. Vice Chairman Winton: What was that issue? Mr. Vilarello: Item 4 is simply a report from Leibowitz & Associates with regard to AT&T (American Telegraph & Telegraph). You deferred Items 5 and 5A. Chairman Regalado: Oh, but you told me -- oh, OK. OK, we have a motion to accept Matthew Leibowitz' report. Commissioner Gonzalez: Second. 213 July 9, 2002 Chairman Regalado: It's been moved and second. All in favor, say -- Vice Chairman Winton: Wait, wait, wait, wait, wait. What are we doing now, before I say LL yes.?" Chairman Regalado: Accepting the letter that Matthew Leibowitz sent you, telling you that we're coming with AT&T details on the 25tH Vice Chairman Winton: Oh, OK. Yeah, yeah, yeah. OK. Thank you. Chairman Regalado: Because there was a timeline and we needed that to ascertain that we are complying with federal guidelines or whatever. Vice Chairman Winton: Yeah, got it. Commissioner Gonzalez: That will be 4, 5 and 6, right? Vice Chairman Winton: No, it's only 4. Commissioner Gonzalez: We did 5 and 6? Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-835 A MOTION TO ACCEPT REPORT PREPARED BY OUTSIDE LEGAL COUNSEL MATTHEW LEIBOWITZ, LEIBOWITZ AND ASSOCIATES, P.A., REGARDING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELECOMMUNICATIONS, INC., A SUBSIDIARY OF AT&T BROADBAND LLC, BY RESOLUTION NO. 00-489 FROM AT&T BROADBAND, LLC, TO AT&T COMCAST CORPORATION. 214 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Mr. Chairman. Vice Chairman Winton: Did we vote? 58. AUTHORIZE CITY'S CO-SPONSORSHIP OF 2003 ART -MIAMI EVENT; APPROVE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES TO PROMOTE SAME. Chairman Regalado: The 2003 Art -Miami event is a major attraction that's scheduled to take place from January 9, 2003, to January 13, 2003. We -- last year, the City co-sponsor and the event was very successful. Now, in preparation for next year's event, Art -Miami is seeking permission to place street banners throughout the City, so my motion is to co-sponsor and authorize the placement of street banners in order to promote Art -Miami. Vice Chairman Winton: Second. Oh, no, I'm chairing it. Sorry. Commissioner Teele: Second. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second. Chairman Regalado: You want to lead. Vice Chairman Winton: Yes. Motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. 215 July 9, 2002 The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-836 A MOTION AUTHORIZING THE CITY'S CO-SPONSORSHIP OF THE 2003 ART -MIAMI EVENT; FURTHER APPROVING THE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI THOROUGHFARES TO PROMOTE SAME. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 59. AUTHORIZE CITY'S CO-SPONSORSHIP OF HOME DESIGN AND REMODELING SHOW SCHEDULED FOR AUGUST 3, 2002 TO SEPTEMBER 3, 2002; APPROVE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES TO PROMOTE SAME. Chairman Regalado: Second is the Miami Home and Design and Remodeling Show will be held from August 3, 2002, to September 3, 2002. The Home Show management is seeking permission to place street banners throughout the City of Miami to promote their show. Vice Chairman Winton: We have a motion on street banners. Chairman Regalado: It's a motion on -- Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Chairman Regalado, who moved for its adoption: mel July 9, 2002 MOTION NO. 02-837 A MOTION AUTHORIZING THE CITY'S CO-SPONSORSHIP OF THE HOME DESIGN AND REMODELING SHOW SCHEDULED FOR AUGUST 3, 2002 TO SEPTEMBER 3, 2002; FURTHER APPROVING THE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI THOROUGHFARES TO PROMOTE SAME. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Thank you. Thank you very much. Vice Chairman Winton: You're welcome. 60. SCHEDULE CONTINUATION OF JULY 25, 2002 COMMISSION MEETING FOR JULY 26, 2002 IN EVENT THAT JULY 25TH AGENDA IS NOT COMPLETED ON JULY 25TH Chairman Regalado: Anybody has anything? Commissioner Teele: Mr. Chairman, I want to apologize. I'm looking -- I realize that we deferred an item, which we never took up on the CRA (Community Redevelopment Authority) and we've had staff out here now for the better part of five hours, so -- Chairman Regalado: Is that one item? Vice Chairman Winton: Well, we've had us up here more than that. Just a j oke. Just a j oke. Commissioner Teele: The problem is that we get paid about three cents an hour, and so I would very much so like to try to bring some closure or at least some parameters to this final issue, Commissioner Winton, and essentially -- and Ms. Lewis and the consulting engineer in WRT, if you all would come. I would very much like permission, Mr. Chairman, to convene a very short meeting of the CRA, which we promised to do at 5 o'clock. We did not do. It's one issue and, Commissioner Winton, it's your issue. To me, I'm not being flip. I'm not being -- 217 July 9, 2002 Chairman Regalado: Before we convene the CRA, just needed to ask you something. Finally, are we going to advertise a continuance of the July 25th meeting for the 26th at 2 p.m. in case that we need -- if we don't finalize -- Vice Chairman Winton: Yes. Commissioner Teele: Mr. Chairman, we don't advertise it, per se, but I would move, at your request, that the 26th -- at what, 9:30 -- Chairman Regalado: 2. Commissioner Teele: 2 o'clock. Commissioner Winton: 2 o'clock; otherwise, we'll use the whole day. Chairman Regalado: Because you know we may run -- Commissioner Teele: That Friday, the 26th, at 2 p.m., be designated as an overflow day for the Commission in the event we do not complete the agenda on the 25th. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-838 A MOTION SCHEDULING THE CONTINUATION OF THE JULY 25, 2002 COMMISSION MEETING FOR JULY 26, 2002 AT 2 P.M., IN THE EVENT THAT THE JULY 25TH AGENDA IS NOT COMPLETED ON JULY 25TH Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez July 9, 2002 Chairman Regalado: Do we have any pocket items that you all wish to do? Vice Chairman Winton: I don't have any. Chairman Regalado: OK, so we need a motion to adjourn City Commission and convene the CRA meeting. Commissioner Teele: I don't think you want to adjourn. What's the right term? Priscilla A. Thompson (City Clerk): Recess. Commissioner Teele: Recess. 61. FIRST READING ORDINANCE: AMEND SECTION 2-817 OF CITY CODE ENTITLED "ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO ADD NEW SUBSECTION (h) TO PROVIDE THAT MANAGER MAY RELEASE OR SATISFY LIEN PLACED ON PROPERTY BY CITY OR BY ANY OF ITS AGENCIES AND INSTRUMENTALITIES IF PROPERTY IS USED FOR DEVELOPMENT OF AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT. RECESS TODAY'S CITY COMMISSION MEETING FOR PURPOSES OF CONVENING COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING. Alejandro Vilarello (City Attorney): Are you going to take up City Commission pocket items after the CRA? Commissioner Teele: I think we should, yeah, yeah. Chairman Regalado: Yeah, we did. Commissioner Teele: You took up yours. Chairman Regalado: No, but I asked, I asked. Vice Chairman Winton: He just asked if there were pocket items, and nobody had any. Chairman Regalado: I asked and Johnny said no and you said no, and that's why. Commissioner Teele: Didn't we have a pocket item, Mr. Attorney? Mr. Vilarello: You had the one that you requested yesterday about the waiver of the liens, was the only one. Commissioner Teele: Is that ready? Mr. Vilarello: That's ready. 219 July 9, 2002 Commissioner Teele: Is that an ordinance or a resolution? Mr. Vilarello: It's an ordinance. Commissioner Teele: This is regarding the liens as is limited to, this is liens regarding CLUC-90 (County Land Usage Code) properties or a list of lands properties and these are liens limited to homeownership. Mr. Vilarello: It authorizes the City Manager under certain criteria to waive liens and it only applies to homeownership projects. Vice Chairman Winton: To single-family homeownership projects or is it multi -family I mean there's a big significant difference here. I think. After I think through it, maybe it isn't, but on first (UNINTELLIGIBLE) I know we were only talking about single-family -- Commissioner Teele: I don't have any problem expanding this if we get a request but we're responding to the Habitat request to make an ordinance that is comparable to what the County has as it relates to Habitat. And I just wanted to at least put this up for first reading and we can adjust it down the road as we move forward. Mr. Vilarello: We prepare this ordinarily in the County. The County has allowed for this to be provided in rental projects as well. We narrowed it to homeownership that we did not specify single-family versus multi -family, but you certainly can. Vice Chairman Winton: Well, I guess you're probably right, Commissioner Teele. We'll pass it on first reading and then -- but we need to be able to talk about it. I don't understand. I haven't thought through the repercussion of applying this to a large site and what that might mean. A single-family site, it's real easy for me to see through. Commissioner Teele: CLUC-90 properties, Johnny, list of land, you're not going to have large sites. It's just, it's an animal that doesn't exist. If it does, it's got a lot of contamination of something that everybody's trying to get away from, so for all practical purposes, the list of lands are these abandoned vacant lots -- Vice Chairman Winton: And this only gives the Manager the right to do it. Doesn't mandate the right -- Commissioner Teele: It does not mandate it. It gives him the right under certain conditions. Vice Chairman Winton: So we're protected there also. OK. Commissioner Gonzalez: Commissioner Teele, you move it? Commissioner Teele: I would move the item. 220 July 9, 2002 Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. It's an ordinance. It's a public hearing. Anybody from the public? Being none, we close the public hearing. Read the ordinance. 221 July 9, 2002 An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO ADD NEW SUBSECTION (h) TO PROVIDE THAT, SUBJECT TO CERTAIN CONDITIONS, THE CITY MANAGER MAY RELEASE OR SATISFY A LIEN PLACED ON A PROPERTY BY THE CITY OR BY ANY OF ITS AGENCIES AND INSTRUMENTALITIES IF THE PROPERTY IS USED FOR THE DEVELOPMENT OF AN AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT BY A PROJECT SPONSOR THAT HAS BEEN ALLOCATED FUNDS BY THE CITY COMMISSION OR THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE FOR SUCH PROJECT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is approved on first reading, 4/0. Commissioner Teele: Mr. Chairman, I would move that the City Commission meeting stand in recess for the purpose of allowing the CRA to consider one item, the item that has been deferred to 5 p.m. Chairman Regalado: OK, we have a motion and -- Vice Chairman Winton: Second. Chairman Regalado: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. 222 July 9, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-839 A MOTION TO RECESS TODAY'S CITY COMMISSION MEETING FOR PURPOSES OF CONVENING A COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Winton: Motion to -- is there any other Commission business? Being none, motion to adjourn. Commissioner Gonzalez: Second. Vice Chairman Winton: We're adjourned. 223 July 9, 2002 There being no further business to come before the City Commission, the meeting was adjourned at 10:07 p.m. MANUEL A. DIAZ Mayor ATTEST: PRISCILLA A. THOMPSON City Clerk SYLVIA SCHEIDER Assistant City Clerk 224 July 9, 2002