HomeMy WebLinkAboutCC 2002-09-26 MinutesMINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26 day of September 2002, the City Commission of Miami, Florida, met at the
Lyric Theater, 819 Northwest 2nd Avenue, Miami, Florida in regular session.
The meeting was called to order at 9:20 a.m. by Chairman Tomas Regalado with the
following members of the Commission found to be present:
Commissioner Angel Gonzalez (District 1)
Commissioner Joe Sanchez (District 3)
Chairman Tomas Regalado (District 4)
ABSENT
Vice Chairman Johnny L. Winton (entered at 9:40 am)
Commissioner Arthur E. Teele, Jr. (entered at 9:26 am)
ALSO PRESENT:
City Manager Carlos Jimenez
City Attorney Alejandro Vilarello
City Clerk Priscilla A. Thompson
Assistant City Clerk Sylvia Scheider
September 26, 2002
1. CHANGE LOCATION OF OCTOBER 10, 2002 COMMISSION MEETING TO BOOKER
T. WASHINGTON HIGH SCHOOL AUDITORIUM LOCATED AT 1200 NORTHWEST 6
AVENUE.
CHANGE LOCATION OF OCTOBER 24, 2002 COMMISSION MEETING TO MANUEL
ARTIME CENTER LOCATED AT 900 SOUTHWEST 1 STREET. (See #24)
An invocation delivered by Commissioner Gonzalez, after which Commissioner Sanchez led
those present in a pledge of allegiance to the flag.
Chairman Regalado: OK. We are waiting for Commissioners Teele and Winton and so we will
not do just now the consent agenda we will wait for them because there are some issues that they
want to address. However we have many visitors. Just a reminder we have the budget hearing,
which will start around 5 P.M. We have zoning plus we have a CRA meeting and we have a
very full agenda today so we need to move this, also because of the City Hall work we need to
pass a resolution for the next 2 meetings of the Miami City Commission. I would suggest to
have the first meeting in October, which will be October 10t at the Booker T. Washington High
School and the second meeting of October, October 24th at the Manuel Artime in Southwest 1st
Street, so do we have a motion for this?
Commissioner Sanchez: So move.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes, so the first meeting of October, the Booker T. Washington and
the Manager and the Sergeant -At -Arms and the City Commission will be working together on
the logistics and the second meeting of October, October 24th, we will have it at the Manuel
Artime.
The following resolution and motion was introduced by Commissioner Sanchez, who moved for
its adoption:
RESOLUTION NO. 02-1038
A RESOLUTION OF THE MIAMI CITY COMMISSION CHANGING THE
LOCATION OF THE FIRST REGULAR CITY COMMISSION MEETING OF
OCTOBER, CURRENTLY SCHEDULED FOR THURSDAY, OCTOBER 10,
2002, COMMENCING AT 9 A.M., TO THE BOOKER T. WASHINGTON
HIGH SCHOOL AUDITORIUM LOCATED AT 1200 NORTHWEST 6
AVENUE, MIAMI, FLORIDA.
2 September 26, 2002
MOTION NO. 02-103 8.1
A MOTION CHANGING THE LOCATION OF THE SECOND REGULAR
CITY COMMISSION MEETING OCTOBER, CURRENTLY SCHEDULED
FOR THURSDAY, OCTOBER 24, 2002, COMMENCING AT 9 A.M., TO THE
MANUEL ARTIME CENTER LOCATED AT 900 SOUTHWEST 1 STREET, MIAMI,
FLORIDA.
Upon being seconded by Commissioner Gonzalez, the resolution and motion was passed and
adopted by the following vote:
AYES: Chairman Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
2. DIRECT MANAGER TO: (1) IDENTIFY SITE FOR RELOCATION OF CORAL WAY
NET (NEIGHBORHOOD ENHANCEMENT TEAM) OFFICE FROM FACILITY LOCATED
AT 1300 SOUTHWEST 12TH AVENUE; PROVIDE FOR CUBAN MUSEUM'S AND NET
OFFICE'S SHARED OCCUPANCY OF FACILITY UNTIL SUCH TIME AS RELOCATION
SITE HAS BEEN DETERMINED; NEGOTIATE AGREEMENT FOR OCCUPANCY OF
CUBAN MUSEUM AT 1300 SOUTHWEST 12TH AVENUE AND PRESENT TO
COMMISSION.
Chairman Regalado: We have some visitors. Commissioner Sanchez has an item in the blue
pages. So, while we wait for Commissioners Teele and Winton, I understand, Commissioner,
that you have an item regarding the Cuban Museum, and we have the leaders of that group here.
I see most of them, and you're welcome, and you want to go ahead?
Commissioner Sanchez: Thank you, Mr. Chairman. Yes, we have with us Ofelia Tabares-
Fernandez, President of the Cuban Museum, Inc., and she has requested to come in front of the
Commission. The Museum has requested to return back to its original site in Little Havana.
They were there for many years, and as the movement -- and we have been able to revitalize
Little Havana, especially through the arts and culture, and now the new committee that has been
set, the Arts and Entertainment Council. I think that this would be, not only a significant move
for the City to show that we are behind the arts and culture, but also to do everything we can to
promote them, so they have asked to come in front of the Commission, and at this time, I would
like to yield to have Mrs. Fernandez, who is here, give her presentation to this Commission.
Mrs. Fernandez, welcome. Pleasure to have you here, ma'am.
Ofelia Tabares-Fernandez: Thank you very much, Mr. Commissioner. My name is Ofelia
Tabares-Fernandez, and I live at 160 Southwest 30th Avenue, Apartment 106-A, in Miami, and I
3 September 26, 2002
come representing the Cuban Museum, Incorporated, and with me here today, I have board
members, and I would like to present them to all of you. Mr. Alonso, who is the secretary of the
museum, Mrs. Martha Caraballo, the treasurer, and also the chairpersons of the Amigos
Committee, because you know how important this Amigos Committee for any of these
organizations as a fund raising -- of the cultural organizations, and as Commissioner Sanchez
said, I come in front of this honorable Commission to request the use of the City property
building located at 1300 Southwest 12th Avenue, formerly known as the Station Number 15,
whose petitioners, and of course, in our opinion, the exile community consider their cultural
home. The City -owned building at 1300 Southwest 3rd Avenue was requested and was leased,
free of charge, to the then Cuban Museum of Art and Culture on October the 2nd, 1991. The
Cuban Museum of Arts and Culture was formed in 1974, 28 years ago. The Cuban Museum of
Arts and Culture developed a series of first-class cultural activities, and was a top quality vehicle
for the cultural community of the area residents. In 1996, the then board of directors adopted the
(INAUDIBLE) and purpose as Cuban Museum of the Americas. On September 24, 1996, the
founders of the Cuban Museum of Arts and Culture -- and I believe she's coming here a bit late -
- Ms. (UNINTELLIGIBLE). Dr. Medrano, and myself are founders of the first Cuban Museum
of Arts and Culture, decided to take back the purpose for which the Cuban museum was formed,
and organized what is known as Cuban Museum, Incorporated, which is non-profit, with the
benefit of the 501(c)3, with regard to tax exemptions for donations that we receive, and in
August 1999, we all know that the Cuban Museum of the Americas was dissolved, and
relinquished possession of the aforementioned City property and the Coral Way NET
(Neighborhood Enhancement Team) Office was established there. On Exhibit 1, that I presented
to all of you, we give you some information about our activities, and you have some copies and
the issues of the different cultural activities we have presented in the last three years. It's more
than 30. We have a very good relationship with other cultural organizations, particularly, the
Cuban Center of the University of Miami. We plan for next year a very important concert of
Cuban music, classic. That's music at the Gusman Center of the University of Miami, and we
have also developed a close relationship with the Teatro Avante and with Miami -Dade
Community College. As you can see from the different programs, especially during Christmas
time, we have had the support of the choir of the South -- Kendall Campus, which is famous and
was considered for many of them as one of the best. The same with regard to the U.M.
(University of Miami) School of the Arts. You know that it is not unusual for cities to give
agreements of occupancy, even for one day a year, and in many cases, most cities help
organizations with operational expenses. We all know the City of North Miami support the
(UNINTELLIGIBLE). The City of Miami Beach help the Bass Museum, and you remember the
City of Coral Gables supported the Metropolitan Museum and Arts Center until their dissolution,
and their building in the Biltmore property, which is the property of the City of Coral Gables.
We don't have a building of our own to present our cultural activities. We have, at the present --
and we are very, very grateful to them, the Bank of America, who has given us, free of charge, a
wonderful office in Coral Gables. We have always considered Miami the home of the Cuban
exile community, so in closing, I want to say that this Cuban museum was a request today to the
City fathers to allow the Cuban culture in exile to come back home, and we want to answer any
questions you want to do, and thank you very much.
[Note for the Record: Commissioner Teele entered the meeting at 9:26 a.m.]
4 September 26, 2002
Chairman Regalado: I think that what you've done for the Cuban history is something that we
have to be grateful to you, Ofelia, and to all the members of the museum. There was an
unfortunate situation that made the museum to go away, and you're right, cities do support
museums. We have the duty of supporting history of all the communities in the City of Miami.
That's why this City is fully supporting the Virginia Beach Trust in their plans of having a Black
History Museum. This City is supporting the concept of the Park Museum in Bicentennial, and
there have been even plans to use some of the bond money to have the City support, with money,
this concept. The City has supported the Children's Museum in Watson Island. And I would
hope that Commissioner Sanchez, who I really commend for bringing this item, will make a
motion to state that it's the will of the City to bring back the museum, and to have the museum in
their old home.
Commissioner Sanchez: Mr. Chairman?
Chairman Regalado: Yes, sir.
Commissioner Sanchez: I do have a resolution prepared, but just -- I don't want this to be a
broadsided item. Let me just say that, for the long-term goals that we have in my district,
especially in that area, we have now -- we're in the process -- and I have a resolution that will be
presented later on, as a pocket item -- of property right behind the Tower Theater that's for sale,
and we all know that the lack of parking and infrastructure basically has hurt my district, as well
as everybody else's district. So, that resolution will be directing the City Manager to look for
ways of purchasing to turn that into a parking lot, or make it into — that will follow the master
plan, to create what Little Havana has turned into between 17th and 12th, with the Cultural
Fridays, which is an Arts and Cultural District. This will -- the master plan that will exist will
connect the Cuban Memorial Drive with Coral Way and 8th Street, where people could walk,
and basically go to 8th Street, one business corridor, walk through a pleasant promenade onto
Coral Way, which is another business corridor, and along the way, stop at the original home of
this museum, which this -- we want to accomplish. Now, the other thing is, in no means are we
going to kick out the NET (Neighborhood Enhancement Team) Office, you know, right away.
We're basically going to allow -- this resolution allows them to share the facility. It's a large
facility, where people that could come to the NET Office could also enjoy the artwork and the
museum and then, later on, we'll be able to find a location either for the NET Office, or if we're
able to find the funding through a private source and create that property, if we buy it, maybe put
some parking and create another area where the museum could go, so right now, we're basically
just shuffling around, but the intent here is to bring this museum back where it belongs. The
home of that museum is that location, so at this time, if there's no further discussion on the item,
I have a resolution that I would like to read for the record.
Chairman Regalado: We have a motion. Do we have a second?
Commissioner Gonzalez: Second.
Commissioner Sanchez: Well, the resolution reads: A resolution of the City of Miami
Commission directing the City Manager to: (1) Identify a site for the relocation of the Coral Way
NET, Neighborhood Enhancement Team, Office from the facility located at 1300 Southwest
5 September 26, 2002
12th Street -- 12th Avenue, Miami, Florida, (the "Facilities"); (2) provide for the Cuban Museum
and NET Office share occupancy of the facility, until such time as a relocation site for the NET
Office has been determined; and (3), to negotiate an agreement for the occupancy of the Cuban
Memorial -- sorry -- Cuban Museum at 1300 Southwest 12th Avenue, and present the agreement
to the City Commission for consideration. So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second. For the purpose of our colleagues and the
press, the headline should read, if it passes: there will be a Cuban museum in Little Havana
again, so I am very happy that Commissioner Sanchez did this.
Carlos Gimenez (City Manager): Mr. Chairman?
Chairman Regalado: Yes, sir.
Mr. Gimenez: I think I need to advise the Commission that we had just spent about a hundred
and fifty thousand dollars ($150,000) on a facility, and so there is a fiscal consideration to this.
We had just spent some money on that, and this is going to be an added expense for us to go and
look for somewhere else to put the NET Office, so keep that in mind when you take your vote.
Commissioner Sanchez: Mr. Chairman, just for the record, the facility was in horrible condition.
It is ours, and we have the responsibility to fix it.
Chairman Regalado: Anybody else? Being none --
Commissioner Teele: Mr. Chairman?
Chairman Regalado: Yes, sir. Commissioner Teele.
Commissioner Teele: I, too, want to lift my voice in support of this. I think our -- we keep
talking about celebrating our diversity, and, yet, we do very little -- the Cultural Friday, I think,
is a very good first step. I've asked the Manager to look, in a similar way, at what we're doing in
Little Haiti, in the context of having an art museum as a part of the NET Office there. I think
one of the things that we've got to do a little bit more of is integrate government functions with
community, particularly educational, historic functions, art, such as what the Mayor did this past
weekend, and so I really think, notwithstanding any economic impact, even if the NET Office is
dislocated, but, hopefully, you know, having a Cuban Museum with the NET Office, I think,
would add even more diversity, and more security and a much better mix but, again, I think the
preference should be for the art -- for the Cuban Museum to move forward, and I'm very pleased
to support our history.
Chairman Regalado: Thank you very much, Commissioner. We really thank you for those
words and your support, so we have a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
6 September 26, 2002
Chairman Regalado: It passes.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 02-1039
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO (1) IDENTIFY A SITE FOR THE RELOCATION OF
THE CORAL WAY NET (NEIGHBORHOOD ENHANCEMENT TEAM)
OFFICE FROM THE FACILITY LOCATED AT 1300 SOUTHWEST 12TH
AVENUE, MIAMI, FLORIDA (THE "FACILITY"); (2) PROVIDE FOR THE
CUBAN MUSEUM'S AND NET OFFICE'S SHARED OCCUPANCY OF THE
FACILITY UNTIL SUCH TIME AS A RELOCATION SITE FOR THE NET
OFFICE HAS BEEN DETERMINED; AND (3) TO NEGOTIATE AN
AGREEMENT FOR THE OCCUPANCY OF THE CUBAN MUSEUM AT 1300
SOUTHWEST 12TH AVENUE AND PRESENT THE AGREEMENT TO THE
CITY COMMISSION FOR CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman Johnny L. Winton
Chairman Regalado: Thank you. Congratulations.
Ms. Tabares-Fernandez: Thank you very, very much, indeed, on behalf of everybody at the
Cuban Museum. Thank you very much.
7 September 26, 2002
3. COMMENDATION TO RETIRED PURCHASING AGENT JUDY CARTER FOR
OUTSTANDING 27 YEAR CAREER WITH CITY.
SALUTE TO MARY BROWN FOR COMMUNITY CHARITABLE WORK AND FINE
WORK AS FINANCIAL ANALYST TO POLICE DEPARTMENT.
EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF
OF CITY ITS CITIZENS TO FAMILY AND FRIENDS OF MYRNA D. BRICKER UPON
HER UNTIMELY DEATH.
[Note for the Record: Vice Chairman Winton entered the meeting at 9:40 a.m.]
Chairman Regalado: We have proclamations that we need to do on behalf of the Mayor. Judy,
could you come up? Where are you? Oh, OK. I don't know if you can, but try.
Judy Carter (Director, Purchasing): I'll try.
Chairman Regalado: Gentlemen, we have a proclamation for Judy Carter.
Commissioner Teele: Mr. Chairman, I don't know why we're doing this. I think we should
rescind the proposed retirement and not allow it.
Commissioner Sanchez: So moved.
Commissioner Teele: But this is America and, certainly, Ms. Carter has made an invaluable
contribution, not only to City government, but to our community, where she is a leader in
sororities and civic and charitable organizations, and whereas the City of Miami seeks to
recognize those outstanding individuals with a legacy of professional contributions to the well
being of our citizens and an unwavering commitment to our mission; and whereas, Ms. Judy S.
Carter, the Director and Chief Procurement Officer for the Purchasing Department of the City of
Miami, has spent well over 27 years in the service of our City, in a stellar career marked by the
installation of innovative systems and a highly productive work environment, reflecting fair and
consistent purchasing decisions and skilled output; and whereas, Ms. Judy Carter is known for
her quest for professional excellence, honed her skills at Fisk University and at the University of
Michigan, where she was awarded a Bachelor's and Master's degrees, respectively, and has been
consistent in the embracing knowledge, and in-service training opportunities in leadership
programs at the Harvard University Kennedy School of Government's Senior Managers Program
and Leadership Miami, sponsored by the Greater Miami Chamber of Commerce; and whereas,
Ms. Carter, an appointee to several local Executive Boards and recipient of countless community
and civic awards, has stood out as a member of our administrative team as the first female
department director and, most recently, distinguished herself in the position of Chief
Procurement Officer, by drafting the Procurement Ordinance 12271, a major legislation designed
to expedite purchases and improve our procurement and secure the successful passage in
overseeing its implementation; and whereas, it is fitting and proper that local officials, on behalf
of our citizens, pause in our deliberations to pay tribute to 27 years of outstanding professional
8 September 26, 2002
and volunteer service to our community by Ms. Judy S. Carter, whose dedication, zeal and
brilliance have brought an increased integrity to our City. Now, therefore, I, Manuel A. Diaz,
Mayor of the City of Miami, do hereby officially commend Judy S. Carter the City of Miami
Chief Procurement Officer. And this proclamation is signed not only by the Mayor, but one,
two, three, four, all five of our City Commissioners. Let's give her a big hand.
(APPLAUSE)
Ms. Carter: It's not always good to give Judy Carter a mike, because you all know I love to
speak, but words cannot express what all of you have meant to me. I've worked very hard to
serve each of you all, and I'm so very thankful that I had the respect of each of you. I truly
believe, from this Commissioners here to those of you out there, I could feel very good that, even
though sometimes you didn't always agree with what I felt was appropriate to do, and that's
understandable when you're heading a Purchasing Department, but at the end of the day, I do
believe that I felt the energy through each of you all in recognizing and appreciating and,
therefore, I know that you respected the decision that I would make. I don't plan to leave you.
I've served my entire life, basically, with the City of Miami, 27 years. So, I've said to the
Manager, because I am leaving, that I want my department to succeed. I do plan to continue to
come, voluntarily, on a Monday and Wednesday, in the afternoon, so that my Director, the
Acting Director, can, of course, be successful in his position.
(APPLAUSE)
Ms. Carter: So I thank you very, very much, and do know that you'll still see me parking there,
and coming to do what I think is best to ensure the success of that implementation of that
ordinance, because it's kind of like my baby, and I don't want to see it without it being in a
situation that you would feel good, Commissioners, that you did approve it. And, so, thank you
very much. Thank you, City of Miami. Thank you, Commissioners. And I just say, God bless
America.
(APPLAUSE)
Commissioner Regalado: We have two moments of joys. However, we have a moment of
sorrow. There has been a loss in the Law Department, and we have here a resolution of the
Miami City Commission expressing deepest sympathy and condolence on behalf of the City of
Miami and its citizens to the family and friends of Myrna Bricker upon her untimely death.
Myrna passed away yesterday, and today they have the service. Assistant City Attorney and the
City Attorney is going to bring to the family this resolution.
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Sanchez: Second.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
9 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1040
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF
THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF MYRNA D. BRICKER UPON HER UNTIMELY DEATH.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
Chairman Regalado: The Commissioners and the Mayor signs the resolutions. OK.
4. BRIEF COMMENTS BY COMMISSION REGARDING POSSIBLE RELOCATION OF
NOVEMBER MEETING TO HADLEY PARK CENTER OR GUSMAN THEATER. (See #10)
Chairman Regalado: Commissioners Winton and Teele were not here when we passed a
resolution, just for your information Johnny and Arthur, setting the places for the next 2
meetings for the City of Miami Commission. The first meeting of October, October the 10th will
be at the high school which is Booker T. Washington which is very close from here. The second
meeting of October we'll be back at the Artime.
Commissioner Teele: What's the date of that meeting?
Chairman Regalado: 24th, the 2e of October we'll be back at the Artime, and then the October
10th meeting we will need to decide the venue and the date for the November meetings and then
hopefully we will be back at City Hall; if not, then (UNINTELLIGIBLE).
Vice Chairman Winton: January.
Chairman Regalado: Yeah we might want to set the schedule for 2 o'clock, anyway --
Vice Chairman Winton: Actually, Mr. Chairman, the Gusman Theater is undergoing a very
extensive renovation and is suppose to be finished.
10 September 26, 2002
Chairman Regalado: December.
Vice Chairman Winton: Oh you already talked about that? It's available after October. Oh so it
can be available. They'll be finished in October and it can be available for one of the meetings in
November.
Chairman Regalado: Why don't we think of doing the November meeting at the Guzman.
Vice Chairman Winton: Yeah, that'd be great.
Chairman Regalado: So it'd be nice because it's a very nice venue so if we Johnny, if we got
information that it'd be available in November then on the first meeting of October we'll --
Vice Chairman Winton: Great.
Chairman Regalado: Set.
Commissioner Teele: Mr. Chairman, I would also make available, with cooperation of the
Manager, the Hadley Park facility. We have a 200 person plus meeting room space there and I
think it would be a very good opportunity to look at that.
Chairman Regalado: OK. We have no vetoes from the Mayor. I would remind the members of
the Commissioner and the public that we have the budget hearing at 5 P.M. We have a CRA
(Community Redevelopment Agency) meeting today.
Commissioner Teele: I thought it was at 4 o'clock.
Chairman Regalado: 4 o'clock yeah CRA meeting will be at 4 o'clock, then at 4:30 around that
time we will have a brief presentation from the members of the bond oversight committee that
they have requested to come before the Commission and then of course we have zoning matters
that we have to deal with after 3 P.M, so if anybody has any change, just let us know.
5. CONSENT AGENDA
COMMENTS ON PROPOSED RESOLUTION AUTHORIZING MANAGER TO EXECUTE
REVOCABLE PERMIT WITH RACEWORKS, LLC, FOR PURPOSE OF STORING RACE
COURSE SAFETY SYSTEMS, EQUIPMENT, AND BARRICADES ON UP TO FIVE ACRES OF
VACANT LAND AT VIRGINIA KEY. (See 5.10)
COMMENTS ON PROVISION OF RENTAL VEHICLES FOR POLICE DEPARTMENT. (See 5.3)
COMMENTS ON PROPOSED PAYMENT FOR FULL SETTLEMENT IN CASE OF STATE OF
FLORIDA VS. ANTONIO MIR. (See #5.11)
Commissioner Teele: Move the consent agenda.
11 September 26, 2002
Commissioner Sanchez: Second.
Chairman Regalado: We have a motion and a second on the consent agenda. Anybody who
wished to
Vice Chairman Winton: Yes. I would like to speak to consent agenda item 10, and this is about
Raceworks and a permit to build a warehouse type facility. Obviously it'll be a metal building so
it won't be very expensive on Virginia Key, and I know as a part of our original negotiations we
has made a commitment that would find someplace to store, as I remember, their barricades each
year and the thought was to store them somewhere out on Virginia Key; and I didn't have much
problem with that concept but this is very different. Building a structure, even though they have
a -- it's a revocable license so it can be revoked on a 30 -day notice, it's still a warehouse, and I
guess I'm bothered by two facts. One, that we're going to build a warehouse on Virginia Key and
which is really a park, and secondly that if they need warehouse space, they can go rent a
warehouse somewhere in the City of Miami and pay the private sector money that pays us taxes,
as opposed to getting a special deal in the City of Miami that competes with the private sector
that pays taxes, while I understand that there's a revocable license so that they got some risk
there, neither part of this sits very well with me. It just doesn't seem to be the kind of thing that
we ought to do.
Carlos A. Gimenez (City Manager): Mr. Chairman, we have some other issues that make what
you're saying -- you're right, it's impractical what we're -- in item number 10. What we'd like
to do is allow the temporary storage there and then for about six months and then they can find
another place. We have some zoning issues now that's been brought to my attention concerning
building that sort of facility at that location.
Vice Chairman Winton: I would have no problem with a six month timeframe to get this all
squared away.
Chairman Regalado: You want to amend that resolution, Mr. Vice Chair?
Vice Chairman Winton: Sure, so I guess we'll amend the resolution to allow them to store
whatever the Manager deems appropriate to store on Virginia Key for a period not to exceed six
months which gives them the time they need to make alternate arrangements.
Commissioner Sanchez: But no structure will be built right?
Vice Chairman Winton: And no structure will be built.
Mr. Gimenez: No structure built just if they want to use the space for to store the barriers etc.
that's fine no stretcher. They got six months and then they got to find a permanent location.
Alejandro Vilarello (City Attorney): Mr. Chairman, I'd like to (INAUDIBLE) that the resolution
should simple be amended to strike that provision to allow them (INAUDIBLE) 30 day license
(INAUDIBLE) in excess of that 30 days (INAUDIBLE).
12 September 26, 2002
Chairman Regalado: OK.
Commissioner Teele: But are we talking about a facility or space? You said an alternative
facility.
Mr. Gimenez: The contract, if I recall, just says that we will make our best effort to provide
space, we're going to make our best effort to provide space and if we can't find space we've
make best effort. There is nothing in the contract that said that we had to build a facility or that
they would build a facility. This was, I guess, thought as a way to secure all their items, but if it
can't be done because of zoning issues then it just can't be done.
Commissioner Sanchez: Second as amended on the record.
Chairman Regalado: Anything else?
Commissioner Teele: Mr. Chairman, I discussed this with staff and I'm glad that Commissioner
Winton brought it up. I wasn't prepared to bring it up because it was my understanding that it's
temporary, but I would hope Mr. Manager the staff would not recommend anything else go on
Virginia Key that is not taken before the Waterfront Board and the Virginia Key Trust is
appropriate and that was my understanding exactly what you said that this is very temporary and
it was not a permanent use, but I do think there can be misunderstandings and I would ask
respectfully that your staff brief both the Waterfront Board and the Virginia Key Trust on what
we're doing.
Mr. Gimenez: Yes, sir.
Chairman Regalado: Ok, anything else on the consent agenda?
Mr. Gimenez: Yes, sir.
Vice Chairman Winton: And I have one more, too.
Mr. Gimenez: We need to discuss item CA -3. There's going to be a change in that one of the
vendors has dropped out so we have to make a form in it.
Vice Chairman Winton: Mr. Chairman, do we have to pass the resolution on the modification of
10 before we go to another item or does this kind of wait and get --
Chairman Regalado: No. He just amended it and it will be included in the consent agenda.
Vice Chairman Winton: Ok, thank you.
Chairman Regalado: So what do you want to do with three, Mr. Manager?
Chief Raul Martinez: Yes Commissioner, Raul Martinez, Chief of Police at, we were notified,
Procurement was notified yesterday, there were three vendors that were splitting this contract.
One of the vendors, InterAmerican, notified us yesterday that they were no longer interested in
13 September 26, 2002
this bid. They are having some financial problems or whatever as a corporation. They were not
going forward anymore, so the bid has to be amended. It's going to be awarded to two of the
vendors, because the third one is no longer going to, will no longer be doing this type of
business. InterAmerican is out of the bid process. It'll be the other two, Royal and Enterprise.
Commissioner Teele: Move the amendment.
Commissioner Sanchez: Second.
Chairman Regalado: OK, answer the question, Chief, InterAmerica is being demolished because
of the DOT (Department of Transportation), that's why, right?
Mr. Martinez: No, sir. I mean, I'm not sure that is the real reason. I think they are having some
financial problems because Royal, which is right next door, is also being moved. All those
companies are being moved to the north or the expressway because of the Intermodal.
Chairman Regalado: It has been demolished on that side of Le Jeune.
Mr. Martinez: Yes, they are, sir.
Vice Chairman Winton: Mr. Chairman, on CA -11 this is the case where the officer that worked
for Mayor Carollo was arrested in the airport for carrying his gun in the airport and we have the
right to agree to pay -- I think he was found not liable or guilty and the charges were dismissed
but what he did he knew was wrong and it was stupid, and it seems to me that for stupidity you
ought to pay part of your own bill rather than us footing the whole tab, I'm thrilled about paying
the whole tab over a really -- he knew better than to do that and it ended up costing somebody
$33,000 and I'd be happier if he had to foot half the bill and the taxpayers half the bill for that
kind of mistake. I'm not sure the taxpayers should be paying the whole bill for something that
was really not very smart.
Commissioner Sanchez: Mr. Chairman, did this case ever go to court?
Mr. Vilarello: Charges were filed and ultimately were dismissed, Commissioner. I don't have
the details of exactly the procedural history of the case. I will tell you, in viewing the attorney's
fees that we have determined are reasonable. We have reviewed all the files the attorney
representing Mr. Mayor have received copies of them, gone through the entire trial and I did
receive an expert criminal defense attorney, who reviewed the files and found that this fee was
appropriate for the nature of the claim and the work, the actual work that was done on file.
Chairman Replado: And this was before September 11th; imagine this happening after
September l It .
Commissioner Sanchez: I just think $33,000 for a case that didn't even go to court it was a
settlement or a plea whatever --
City Attorney: It was no plea. The charges were dismissed.
14 September 26, 2002
Commissioner Sanchez: They were dismissed?
Chairman Regalado: Anybody wants to amend that?
Commissioner Teele: Mr. Chairman, I think given the, I'm in total agreement with the
statements of Commissioner Winton. I think it sends the right signal for the officer to participate
I think however we need to turn the page on some of this stuff and I'm mindful of the fact that
this is the end of the fiscal year as it relates to our risk management accounts, et cetera. As I told
the attorney, that if anybody makes the motion to defer, I'm not going to object at all, but I really
do think that the chief of police ought to come down and say to us the same thing that we asked
the chief to say in all these cases and that is, chief, were the charges were filed against the officer
or not to me is not the issue. Have we taken correction actions to inform and train people in
similar positions and the police department so that we don't get these reoccurrences? I mean I
was brought up in the school that anybody can make a mistake. The second mistake that I don't
want to be in the position for paying for, but notwithstanding all of that, I agree completely
$33,000 for a misdemeanor dropped is the kind of thing that I hope we don't do again and I'd
like to basically say to the union and the chief that I think that any future settlements like this
similar to this the officer clearly where's there a judgment issue, it's not a question of right or
wrong, this is a judgment issue, and in my judgment this was not great judgment, so have we
made sure that people in these similar positions and people don't hot dog it and wave their
badges and dah, dah, dah, dah, dah.
Mr. Martinez: Commissioner, Raul Martinez, Chief of Police. Yes, we have. We have even
created a standard operating procedure for all the Sergeant -At -Arms on how to conduct
themselves whether it be the Commission Sergeant -At -Arms or the positions assigned to the
Mayor's office, beyond that that the dignitary protection detail is under SIS --
Commissioner Teele: Please don't add the Mayor's executive security to Sergeant -At -Arms
because if we continue to say Sergeant -At -Arms is a legislative official, not an executive official.
The Sergeant -At -Arms has nothing to do with the Mayor's office. The Mayor is entitled to a
higher form of security called executive security or the Mayor's detail and we should make a
clear distinction. This was not a Sergeant -At -Arms. I don't want the public to perceive that this
was a Sergeant -At -Arms that did this. This was a Mayor's executive detail that did this.
Mr. Martinez: Yes, sir, it was.
Chairman Regalado: By the way
Commissioner Teele: Who is a good man, otherwise.
Chairman Regalado: By the way, just for the information I sent the members of the Commission
a recommendation for the second Sergeant -At -Arms and the Manager and the chief I think you
have the recommendation that we have the City Commission approve that and so when would
that be affective, Mr. Chief?
15 September 26, 2002
Mr. Martinez: Commissioner, we are working with human resources to create the second
position and the pay scale for the second position. As quickly as I can finish out the paperwork,
we will initiate the second position and hopefully in the next couple weeks.
Commissioner Teele: Is anybody objecting to this item?
Commissioner Gonzalez: Mr. Chairman, I have a question. Mr. Attorney, what were the
charges filed against this police officer? Was possession of a firearm inside the airport right?
Mr. Vilarello: Yes, and I believe is a felony charge, not a misdemeanor.
Commissioner Gonzalez: Yeah, I ask you that the shield didn't have to give a course or training
on issues related to carrying a firearm into the airport because every citizen -- as a matter of fact
if you walk into the airport and you have 150 signs all over you tell you that guns are not allowed
into the airport. The only people that are allowed to carry weapons in the airport are federal
agents.
Commissioner Teele: No, sir. With permission, Secret Service cannot carry weapons unless
they get approved permission and that is what the issue is.
Commissioner Gonzalez: And the county.
Chairman Regalado: And now the pilots.
Commissioner Gonzalez: And the county that has the jurisdiction of the airport.
Chairman Regalado: The pilots have the right to carry weapons inside the place.
Mr. Martinez: Commissioner, if I may, I'd like to clear up a fact here. He was not carrying a
firearm when he entered the area. In fact, the firearm was in the trunk of the car. It all have to do
with the magnetometer went off when he entered the area. He was told to stop, just like we're all
told to stop we need to see what you have and he kept going but the Officer Murr did not have a
firearm when this happened. He must have had something metal that made it go off but the
firearm was in the trunk of this vehicle. He didn't have a firearm into that area.
Chairman Regalado: So you mean that we're paying $30,000 for not having a firearm? Imagine
how much would it cost if he had a firearm?
Commissioner Gonzalez: But my point is that it isn't fair to tell the Chief you have to give a
course now on going into airports carrying a weapon or anything like that because any citizens
that goes to the airport knows that you're not allowed to carry a weapon into the airport, so you
know, if he was wrong, if he was right, if we are going to pay for it, well, we pay for other what
higher -- much higher attorney's fees for worse things than carrying a badge or flashing a badge
to a metro officer, so that was just my question.
Chairman Regalado: Anybody want to amend or defer that item?
16 September 26, 2002
Commissioner Teele: Call the question.
Chairman Regalado: OK. It stands as it is. OK, we have a motion and a second on the consent
agenda. We have closed the public hearing on the consent agenda. One motion, amended. We
proceed. 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 Teele and seconded by Commissioner
Sanchez, 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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
17 September 26, 2002
5.1 ACCEPT BID OF HPI INTERNATIONAL, INC., FOR PURCHASE OF POLAROID
FILM, FOR DEPARTMENT OF PURCHASING TO BE USED CITY-WIDE, ALLOCATE
FUNDS FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS OF VARIOUS USER
DEPARTMENTS AND AGENCIES.
RESOLUTION NO. 02-1041
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF HPI INTERNATIONAL, INC., (NON-MINORITY/NON-LOCAL
VENDOR, 6655 N.W. 174TH LANE, MIAMI, FLORIDA) FOR THE
PURCHASE OF POLAROID FILM, FOR THE DEPARTMENT OF
PURCHASING TO BE USED CITY-WIDE ON AN AS -NEEDED
CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS,
ALLOCATING FUNDS FROM INDIVIDUAL DEPARTMENTAL
ACCOUNTS OF THE VARIOUS USER DEPARTMENTS AND
AGENCIES, SUBJECT TO BUDGETING APPROVAL PRIOR TO USAGE.
5.2 ACCEPT BID OF CASA DE RADIADORES, INC., A/K/A HOUSE OF RADIATORS,
INC. FOR ACQUISITION AND INSTALLATION OF AUTOMOTIVE RADIATOR
RECORING AND REPAIR SERVICES FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, FLEET MANAGEMENT DIVISION, TOTAL $81,000; ALLOCATE
FUNDS FROM BUDGET OF DEPARTMENT OF GSA, HEAVY FLEET DIVISION.
RESOLUTION NO. 02-1042
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF CASA DE RADIADORES, INC., A/K/A THE HOUSE OF
RADIATORS, INC., FOR THE ACQUISITION AND INSTALLATION OF
AUTOMOTIVE RADIATOR RECORING AND REPAIR SERVICES FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
("GSA"), FLEET MANAGEMENT DIVISION, ON AN AS -NEEDED
CONTRACT BASIS, FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS,
IN AN ANNUAL AMOUNT OF $27,000, FOR A TOTAL CONTRACT
AWARD NOT TO EXCEED $81,000; ALLOCATING FUNDS FROM THE
BUDGET OF THE DEPARTMENT OF GSA, HEAVY FLEET DIVISION,
ACCOUNT CODE NO. 509000.420901.6.670.
18 September 26, 2002
5.3 ACCEPT BIDS OF ENTERPRISE RENT -A -CAR, INTERAMERICAN CAR RENTAL,
INC., AND ROYAL RENT -A -CAR, FOR PROVISION OF SEVENTY-FIVE TO ONE
HUNDRED AND TWENTY RENTAL VEHICLES FOR POLICE DEPARTMENT, $900,000;
ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. (See #5)
RESOLUTION NO. 02-1043
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF ENTERPRISE RENT -A -CAR, AND ROYAL RENT -A -CAR, FOR
THE PROVISION OF SEVENTY-FIVE (75) TO ONE HUNDRED AND
TWENTY (120) RENTAL VEHICLES FOR THE POLICE DEPARTMENT,
IN AN ANNUAL AMOUNT NOT TO EXCEED $900,000; ALLOCATING
FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NOS. 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING
BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE
TO EQUITABLE SHARING" AND FLORIDA STATE STATUTE,
SECTION 932.7055, AS AMENDED.
19 September 26, 2002
5.4 AUTHORIZE PROCUREMENT OF PERSONAL COMPUTERS, MONITORS,
TERMINALS, ASSOCIATED HARDWARE AND SOFTWARE, INSTALLATION
SERVICES, AND MAINTENANCE SERVICES, FOR DEPARTMENTS OF POLICE, FIRE
RESCUE AND INFORMATION TECHNOLOGY FROM VARIOUS VENDORS, UNDER
EXISTING STATE OF FLORIDA CONTRACT NOS. 250-040-99-1, 9730561-03-1, 252-024-
01-1, 250-00-03-1, 255-001-01-1, AND FAIRFAX COUNTY, VIRGINIA CONTRACT NO.
RQ00-341360-16A-G, TOTAL $75,000; ALLOCATE FUNDS FROM E-911 ACCOUNT.
RESOLUTION NO. 02-1044
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE PROCUREMENT OF PERSONAL COMPUTERS, MONITORS,
TERMINALS, ASSOCIATED HARDWARE AND SOFTWARE,
INSTALLATION SERVICES, AND MAINTENANCE SERVICES, FOR
THE DEPARTMENTS OF POLICE, FIRE RESCUE AND INFORMATION
TECHNOLOGY FROM VARIOUS VENDORS, UNDER EXISTING STATE
OF FLORIDA CONTRACT NOS. 250-040-99-1, EFFECTIVE UNTIL
SEPTEMBER 30, 2002, CONTRACT NO. 9730561-03-1 EFFECTIVE
UNTIL JULY 17, 2003, CONTRACT NO. 252-024-01-1, EFFECTIVE
UNTIL MARCH 22, 2004, CONTRACT NO. 250-00-03-1, EFFECTIVE
UNTIL JULY 31, 2005, CONTRACT NO. 255-001-01-1, EFFECTIVE
UNTIL JANUARY 31, 2004, SUBJECT TO ANY FURTHER EXTENSIONS
BY THE STATE OF FLORIDA AND FAIRFAX COUNTY, VIRGINIA
CONTRACT NO. RQ00-341360-16A-G, EFFECTIVE UNTIL APRIL 30,
2003, SUBJECT TO ANY EXTENSIONS, FOR A TOTAL AWARD
AMOUNT NOT TO EXCEED $75,000; ALLOCATING FUNDS FROM THE
E-911 ACCOUNT CODE, NO. 196002.290461.6.850
20 September 26, 2002
5.5 APPROVE PROCUREMENT OF NINE EVOLUTION 4000 THERMAL IMAGING
CAMERAS FOR DEPARTMENT OF FIRE -RESCUE, FROM TEN -8 FIRE EQUIPMENT,
INC., UNDER EXISTING CITY OF CORAL SPRINGS, RFP NO. 02 -C -077F, $104,166;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
RESOLUTION NO. 02-1045
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF NINE (9) EVOLUTION 4000 THERMAL IMAGING
CAMERAS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM TEN -8
FIRE EQUIPMENT, INC., UNDER EXISTING CITY OF CORAL SPRINGS,
RFP NO. 02 -C -077F, EFFECTIVE THROUGH MARCH 5, 2004, ON A
CONTRACT BASIS FOR TWO (2) YEARS, WITH AN OPTION TO
RENEW FOR TWO (2) ADDITIONAL TWO-YEAR PERIODS, SUBJECT
TO ANY EXTENSIONS BY THE CITY OF CORAL SPRINGS, IN AN
AMOUNT NOT TO EXCEED $104,166; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO.
289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT.
5.6 AUTHORIZE PURCHASE AND INSTALLATION OF SECURITY SYSTEM FOR
POLICE HEADQUARTERS BUILDING FROM SECURITY 1 SYSTEMS UNDER
EXISTING STATE OF FLORIDA SNAPS AGREEMENT NO. 6802563-1, TOTAL
$158,267.55; ALLOCATE FUNDS FROM LOCAL LAW ENFORCEMENT BLOCK GRANT
V.
RESOLUTION NO. 02-1046
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE PURCHASE AND INSTALLATION OF A SECURITY SYSTEM FOR
THE POLICE HEADQUARTERS BUILDING, CONSISTING OF ITEMS
LISTED IN THE INCORPORATED ATTACHMENTS FROM SECURITY I
SYSTEMS, (NON-MINORITY/NON-LOCAL VENDOR, 5747 N. ANDREWS
WAY, FT. LAUDERDALE, FLORIDA) AWARDED UNDER EXISTING
STATE OF FLORIDA SNAPS AGREEMENT NO. 6802563-1, EFFECTIVE
UNTIL OCTOBER 29, 2002, SUBJECT TO FURTHER EXTENSIONS BY
THE STATE OF FLORIDA, AT A TOTAL CONTRACT VALUE NOT TO
EXCEED $158,267.55; ALLOCATING FUNDS FROM LOCAL LAW
ENFORCEMENT BLOCK GRANT V, ACCOUNT CODE
NO. 142023.290525.6.840.
21 September 26, 2002
5.7 AMEND RESOLUTION NO. 02-821, TO INCREASE FUNDS, $28,062.36, FROM
$58,393.90 TO $86,456.26, APPROVED FOR PURCHASE OF ADDITIONAL DIVING
EQUIPMENT REQUIRED FOR DEPARTMENT OF FIRE -RESCUE; ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENTS PROJECT.
RESOLUTION NO. 02-1047
A RESOLTUION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 02-821, TO INCREASE FUNDS IN AN AMOUNT NOT
TO EXCEED $28,062.36, FROM $58,393.90 TO $86,456.26, APPROVED FOR
THE PURCHASE OF ADDITIONAL DIVING EQUIPMENT REQUIRED
FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENTS PROJECT NO. 313304, ACCOUNT
CODE 289401.6.850, AS FUNDED BY THE FIRE ASSESSMENT FEE.
5.8 ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF
EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ)
NO. 01-02-153, THAT MOST QUALIFIED FIRMS TO PROVIDE ASSESSMENT STUDY
OF RISK MANAGEMENT PROGRAM, FOR ARE, IN RANK ORDER: (1) MARSH USA,
INC. AND (2) KPMG LLP.
RESOLUTION NO. 02- 1048
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER APPROVING THE
FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFQ) NO. 01-02-153, THAT THE
MOST QUALIFIED FIRMS TO PROVIDE AN ASSESSMENT STUDY OF
THE RISK MANAGEMENT PROGRAM, FOR THE OFFICE OF THE
CITY MANAGER, ARE, IN RANK ORDER: (1) MARSH USA, INC. AND
(2) KPMG LLP; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, WITH
MARSH USA, INC. THE TOP-RANKED FIRM, FOR AN INITIAL PERIOD
OF ONE YEAR, WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE
SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH
THE TOP-RANKED FIRM AND PRESENT THE AGREEMENT TO THE
CITY COMMISSION FOR CONSIDERATION.
22 September 26, 2002
5.9 AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH
EQUITY VENTURES REALTY, INC., FOR USE OF CERTAIN AREA UNDER I-95
BETWEEN SOUTHWEST 6TH AND 7TH STREETS AND SOUTHWEST 3RD AND 4TH
AVENUES AS CONSTRUCTION STAGING AREA FOR PUBLIX SUPERMARKETS, INC.;
SAID LICENSE TO BE REVOCABLE -AT -WILL FOR SIX MONTHS AT MONTHLY FEE
OF $1,400.
RESOLUTION NO. 02- 1049
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT, ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH EQUITY VENTURES REALTY, INC., FOR THE USE OF
THE CERTAIN AREA UNDER I-95 BETWEEN SOUTHWEST 6TH AND
7TH STREETS AND SOUTHWEST 3RD AND 4TH AVENUES, MIAMI,
FLORIDA, AS A CONSTRUCTION STAGING AREA FOR PUBLIX
SUPERMARKETS, INC.; SAID LICENSE TO BE REVOCABLE -AT -WILL
FOR A PERIOD OF SIX (6) MONTHS, AT A MONTHLY FEE OF $1,400,
SUBJECT TO THE REQUIRED APPROVALS OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE FEDERAL
HIGHWAY ADMINISTRATION.
23 September 26, 2002
5.10 RESCIND RESOLUTION 02-834 WHICH AUTHORIZED MANAGER TO EXECUTE
REVOCABLE PERMIT WITH RACEWORKS, LLC, FOR PURPOSE OF STORING 4,000
BARRIER TIRES ON TWO ACRES OF VACANT LAND AT VIRGINIA KEY AND THIS
RESOLUTION AUTHORIZING MANAGER TO EXECUTE REVOCABLE PERMIT WITH
RACEWORKS, LLC, FOR PURPOSE OF STORING RACE COURSE SAFETY SYSTEMS,
EQUIPMENT, AND BARRICADES ON UP TO FIVE ACRES OF VACANT LAND AT
VIRGINIA KEY. (See #5)
RESOLUTION NO. 02-1050
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION 02-834, IN ITS ENTIRETY, WHICH AUTHORIZED THE
CITY MANAGER TO EXECUTE A REVOCABLE PERMIT WITH
RACEWORKS, LLC, FOR THE PURPOSE OF STORING
APPROXIMATELY 4,000 BARRIER TIRES ON TWO (2) ACRES OF
VACANT LAND AT VIRGINIA KEY AND SUBSTITUTING IN LIEU
THEREOF THIS RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A REVOCABLE PERMIT ("PERMIT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC
("PERMITTEE"), REVOCABLE -AT -WILL, FOR THE PURPOSE OF
STORING RACE COURSE SAFETY SYSTEMS, EQUIPMENT, AND
BARRICADES ON UP TO FIVE (5) ACRES OF VACANT LAND AT
VIRGINIA KEY, SUBJECT TO PERMITTEE: (1) PROVIDING THE CITY
WITH A LETTER OF CREDIT, RENEWABLE ANNUALLY, IN THE
AMOUNT OF $40,000 AS SECURITY TO COVER THE COST OF
REMOVAL AND DISPOSAL OF SAID RACE COURSE SAFETY
SYSTEMS, EQUIPMENT, AND BARRICADES; (2), TEMPORARY
STORAGE FOR NOT TO EXCEED SIX (6) MONTHSS AND PERMITTEE
WILL SECURE ALTERNATIVE LOCATION THEREAFTER; (3)
REMOVING AND DISPOSING OF THE RACE COURSE SAFETY
SYSTEMS, EQUIPMENT, AND BARRICADES UPON THE
REVOCATION OF THE PERMIT AND RESTORING THE AREA TO A
CONDITION ACCEPTABLE TO THE CITY MANAGER, AND IN
ACCORDANCE WITH ALL TERMS AND CONDITIONS SET FORTH IN
THE PERMIT.
24 September 26, 2002
5.11 AUTHORIZE DIRECTOR OF FINANCE TO ISSUE CHECK PAYABLE LAW FIRM OF
SALE & KUEHNE, P.A., $33,089.62, IN FULL SETTLEMENT OF ALL CLAIMS FOR
ATTORNEY'S FEES AND COSTS INCURRED BY BENEDICT F. KUEHNE, ESQ., FOR
REPRESENTATION OF POLICE OFFICER ANTONIO MIR, IN CASE OF STATE OF
FLORIDA VS. ANTONIO MIR, AND ALLOCATE FUNDS FROM CITY'S SELF-
INSURANCE AND INSURANCE TRUST FUND. (See #5).
RESOLUTION NO. 02-1051
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO ISSUE A CHECK PAYABLE TO THE
TRUST ACCOUNT OF THE LAW FIRM OF SALE & KUEHNE, P.A., IN
THE AMOUNT OF $33,089.62, INCLUSIVE OF ALL COSTS, IN FULL
SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY'S FEES
AND COSTS INCURRED BY BENEDICT F. KUEHNE, ESQ., FOR THE
REPRESENTATION OF POLICE OFFICER ANTONIO MIR, IN THE
CASE OF STATE OF FLORIDA VS. ANTONIO MIR, MIAMI-DADE
COUNTY COURT CASE NO. M00-72563; AND ALLOCATING FUNDS
FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 515001.624401.6.652.
5.12 ENDORSE, URGE AND RECOMMEND NAMING OF DINNER KEY SOUTH
CHANNEL AS "JOHN A. BRENNAN CHANNEL"; REFER AND RECOMMEND SUCH
ACTION TO CITY'S WATERFRONT BOARD.
RESOLUTION NO. 02-1052
A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING,
URGING AND RECOMMENDING THE NAMING OF THE DINNER KEY
SOUTH CHANNEL AS THE "JOHN A. BRENNAN CHANNEL";
REFERRING AND RECOMMENDING SUCH ACTION TO THE CITY OF
MIAMI WATERFRONT BOARD; AUTHORIZING AND DIRECTING THE
CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO
ACCOMPLISH THE SUPPORT OF AN INITIATIVE TO ACCOMPLISH
THE NAMING OF THE CHANNEL, INCLUDING BUT NOT LIMITED TO
THE PROVISION OF EVIDENCE OF LOCAL COMMUNITY SUPPORT,
AND THE TRANSMITTAL OF THIS RESOLUTION TO THE
APPROPRIATE STATE AND FEDERAL AGENCIES.
25 September 26, 2002
5.13 AUTHORIZE EXTENSION OF TERM OF AGREEMENT BETWEEN CITY AND
GLOBAL FACILITIES LIMITED PARTNERSHIP FOR MANAGEMENT AND OPERATION
OF MIAMI CONVENTION CENTER/JAMES L. KNIGHT INTERNATIONAL CENTER FOR
ADDITIONAL PERIOD OF 5 YEARS COMMENCING ON OCTOBER 1, 2002.
RESOLUTION NO. 02- 1053
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE EXTENSION OF THE TERM OF THE AGREEMENT BETWEEN
THE CITY AND GLOBAL FACILITIES LIMITED PARTNERSHIP FOR
THE MANAGEMENT AND OPERATION OF THE MIAMI CONVENTION
CENTER/JAMES L. KNIGHT INTERNATIONAL CENTER FOR AN
ADDITIONAL PERIOD OF 5 YEARS COMMENCING ON OCTOBER 1,
2002; AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT FOR THESE PURPOSES,
SUBJECT TO CITY ATTORNEY APPROVAL
5.14 FIND THAT INCLUSION OF TERRITORY IN DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) DISTRICT WILL REVITALIZE AND PRESERVE PROPERTY
VALUES IN DDA DISTRICT AND ITS SURROUNDING AREAS; DECLARE ITS
INTENTION TO EXPAND BOUNDARIES OF ESTABLISHED DDA DISTRICT BY
INCLUDING TERRITORY TO CORRECT ERRORS IN LEGAL DESCRIPTION OF DDA
DISTRICT; SET DATE FOR PUBLIC HEARING AT WHICH COMMISSION WILL
CONSIDER ADOPTION OF ORDINANCE EXPANDING BOUNDARIES OF DDA
DISTRICT.
RESOLUTION NO. 02-1054
A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT
THE INCLUSION OF THE TERRITORY DESCRIBED IN
"ATTACHMENT B" IN THE DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA") DISTRICT WILL REVITALIZE AND PRESERVE
PROPERTY VALUES IN THE DDA DISTRICT AND ITS SURROUNDING
AREAS; DECLARING ITS INTENTION TO EXPAND THE BOUNDARIES
OF THE ESTABLISHED DDA DISTRICT, WHICH IS DESCRIBED IN
"ATTACHMENT A," BY INCLUDING THE TERRITORY DESCRIBED IN
"ATTACHMENT B," AMENDING "ATTACHMENT A" TO CORRECT
ERRORS IN THE LEGAL DESCRIPTION OF THE DDA DISTRICT, AS
SHOWN IN "ATTACHMENT C"; FURTHER SETTING THE DATE FOR A
PUBLIC HEARING AT WHICH THE MIAMI CITY COMMISSION WILL
CONSIDER THE ADOPTION OF AN ORDINANCE EXPANDING THE
BOUNDARIES OF THE DDA DISTRICT TO CONSIST OF THE
TERRITORY DESCRIBED IN "ATTACHMENT D."
26 September 26, 2002
6. DIRECT ADMINISTRATION TO PROVIDE COPY OF VIDEO TAPE OF
PRESENTATIONS MADE AT TODAY'S COMMISSION MEETING BY STUDENTS WHO
PARTICIPATED IN CELL PHONE TOWER ESSAY CONTEST TO THEIR SCHOOLS AND
TO EACH FAMILY.
Commissioner Teele: Mr. Chairman, Mr. Jones is here on a public item regarding an essay and
the children are here. I would respectfully ask the Chair if we can hear from the children that
presented the essay regarding the cell tower again and commend Mr. Jones for the effort of
involving the community if that's --
Chairman Regalado: We will do this, this is the public appearance, is that right?
Commissioner Teele: This is number 4.
Chairman Regalado: Number 4, so we will, of course, as always, when we have residents, we try
to accommodate. The City Commission is willing wait to do that. We'll come back to the regular
blue pages in a few minutes, so Leroy, good morning.
Leroy Jones: Good morning. My name is Leroy Jones I'm the director of Neighbors and
Neighbors Association, 180 Northwest 62nd Street. I know the Commission is aware that some
months ago we started taking up the issue to try to see if we could get cell phone towers
relocated out of residential areas. I am the chairperson of the committee appointed by the
committee of which Ms. Athalie Range is a committee member, Mr. Herschel Haynes is a
committee member, Mr. Haneef Hamiachullah a committee member, Clayton Hill, Brian Dennis
and myself is committee members of the committee to relocate cell phone towers out of
residential areas. What we did was about two months ago we decided to have an essay with
some of the local school of the community and offer some certificates and cash prize awards on
first, second, third and forth place. What we did was we wanted to bring some of the students
that participated in the cell phone tower essay to read their cell phone tower essay into public
record. We're thankful that you all allowed us to bring the kids here. We want the kids to get
interested in City business and we want you all more importantly we want the community to
know how our community feels about cell phone towers being placed in our neighborhoods,
OK? So again I call them up our first, second, third and forth place winners. We got copies of
quite a few of response from the cell phone tower essay and I'll call them up, they will introduce
themselves let you know what school they attend, what grade they in and I will read their cell
phone tower essay off into public record, thank you.
Wilondra Nelson: Good morning, my name is Wilondra Nelson. I attend Brownsville Middle
School. I am 13 years old and I just completed the 7th grade. I attend Youth of America
(UNINTELLIGIBLE) during the summer and after school. This is what I think about the cell
phone towers being constructed and those that have been constructed in our community. The
people in the communities were not involved. There will be no jobs created for the people in the
communities. For every cell phone tower constructed in the community there should have been a
creation of jobs. We are all concerned of the health risk and concerned with the communities an
observation that (UNINTELLIGIBLE). Remember a tower is a high structure and these things
should be located so they could adequately cover the area. Perhaps one day you are driving on
27 September 26, 2002
Northwest 17th Avenue and 58th Street, we pass this tall tower and curiosity you turn your head
just for (UNINTELLIGIBLE) makes a traffic accident all because of this high structure, which
appeared before you. Now, what do you think about the cell phone towers all of them
constructed instead of being constructed. Who (UNINTELLIGIBLE) surveys for the
communities before they commenced building? Did the people in the communities have an
opportunity to voice their opinion? -- About the radiation coming from the tower? Did anyone
even consider the damage or health risk, birth defects, cancer as well as other illnesses years
from now? No. Cell phone towers should not exist in communities. Cell phone towers, like
cellular phones themselves are a relatively new technology. You really do not yet have full
information on health effects. The life you save can be your own. I think that the cell phone
towers should be an example of the second book of the Old Testament exodus. Exit away from
the communities and consume man away from communities like the FPL (Florida Power and
Light) power plant. We, the people, would have condemned cell phone towers being constructed
in communities (UNINTELLIGIBLE) knew this answer. Why did the people in the community
always suffer from someone's mistake? Let us get involved help create jobs for the community.
This is the answer why cell phone towers being constructed in (UNINTELLIGIBLE) might have
been constructed in our community. Thank you.
(APPLAUSE)
Cynthia Felix: Hello, my name is Cynthia Felix. I am 13 years old. The school I attended was
Horace Mann middle school and I just completed 7th grade. What do you think about the cell
phone towers being constructed and those that have been constructed in your community? My
response to what do I think about the cell phone towers being constructed and those that have
been constructed in my community is that can cell phone towers improve communication
systems? Does it create more jobs for people in the African American community? Can it be a
hidden health hazard that can have an adverse affect on the residents of the community? On the
other hand, people's lives can be in total danger without there being known. For example, illness
can be spread due to million of cell phone users of every day life. People lives can be in so much
danger while talking on their cell phones things can happen to their body such as radiation
poisoning, which can possible have an adverse effect on child bearing. One thing that is not
getting into the head of many African American people is the fact that cell phone towers are not
creating more jobs for the people in the African American community and how it is affecting us.
With the construction of cell phone tower, it is not a useful resource for the community because
most of the time residents of the African American community are the last ones to get hired and
we're usually the first ones to get fired. When African Americans are hired, we're usually
awarded with minimum wages for our skills. Many African Americans in the community are in
need of jobs in economic stability to maintain everyday living requirements. According to the
cell phone usage in the everyday lives and the putting up of cell phone towers in the African
American community, I would wonder if the construction of cell phone towers will create many
types of viruses or disease which can because the people of the community to become
dysfunctional and not carry on the day to day functioning of the community, so therefore it is my
opinion that the construction of the cell phone towers in the African American community will
create many health hazards as well as an eyesore to the members and visitors of the community.
This is my response to what do I think about the cell phone tower being constructed and those
that have been constructed in our community. Thank you.
28 September 26, 2002
(APPLAUSE)
Edward Kinsey III: Good morning my name is Edward Kinsey III. I'm an 8th grader at Charles
R. Drew Middle School. A couple of weeks ago, a cell phone tower was built on Northwest 59th
Street and 17th Avenue in the neighborhood of my school Charles R. Drew middle school. I have
heard comments that made me worry about the health of my fellow classmates, neighbors and
also my family. These comments are related to the new cell phone towers that were just
recently built in my school neighborhood. I've done some research on the new cell phone towers
and I have found that the towers were radiation, which can because diseases such as cancer, skin
cancer, brain tumors, fatigue and other serious diseases. These are very serious diseases and I
don't want to catch any of them and I would not want any of my classmates, family or anyone
else to catch any of these terrible diseases. I hope that something will be done to keep my
classmates, neighbors, family members and I safe from the radiation from the cell phone towers,
so just in case you are still not clear on my thoughts about the cell phone towers being
constructed and ones that are already constructed in my community, I think that they are a bad
idea. Thank you.
(APPLAUSE)
Jennifer Clark: Good morning, my name is Jennifer Clark and I attend Charles R. Drew Middle
School, and I'm an 8th grader. What do you think about the cell phone tower that have been
constructed and that have been constructed in your community? I think the cell phone towers in
this community shouldn't have been constructed. Most of all it's a health risk. Look at all these
people in this community. These cell phone tower are putting people at risk and or maybe be
causing death. The cell phone radiation has already been shown to reduce (UNINTELLIGIBLE)
damage DNA (Deoxyribonucleic Acid) and chromosome. Surveys show (UNINTELLIGIBLE)
for a very wide range health affects and not be limited to a narrow set. Radiation patterns from
broadcast towers match with cancer rate and people living in the vicinity of radio frequencies.
Transmitting towers produce consistent significant response relationships. In conclusion, I think
the cell phone towers are putting people at risk of disease and/or death. I know a lot of people in
this community loves there live and not plan to die until it's their time. I believe this community
cannot afford losing anyone at anytime. I know people use cell phones but not so much to die.
Thank you.
(APPLAUSE)
Haneef Hamiachullah: Good morning Commissioners my name is Haneef Hamiachullah
(UNINTELLIGIBLE) essay and we just wanted to express how the youth feel in our community
so we went to them to get up their opinion and we want their opinion to be expressed today
before this Commission. And I'd like to thank this Commission for the opportunity to allow us
to bring these kids before you on an important issue in our community. Thank you very much.
Arthur Blair: Good morning. Arthur Blair, with Neighbors for Neighbors Association project
administrator and I just wanted to say that all too often we hear about the negative side of the
kids in our communities and it's a pleasure to have been a part of this competition to bring out
29 September 26, 2002
some of the best that we have in this community. These kids researched this stuff. It's something
like a report that one of us probably would make. So I want to thank the Commission for this
opportunity we want to present them with a certificate as well as their awards.
Commissioner Teele: Mr. Jones and Arthur -- what's your last name?
Mr. Blair: Blair.
Commissioner Teele: Blair. Mr. Blair, one of the things with the Chairman's Commission we
like to do is we host every year something that a lot of the kids have a hard time getting to
something called the haunted house and I think good hard work -- is it the House of Terror? --
Should be rewarded and what we would like to do is work with you to see not just these children
but let them sponsor some kids from their class, and we'll provide that as an incentive because it
is not, I think that it is important that we honor them, but I also think that it's important that their
class know that we want to honor kids that do a great job and I'm going to tell you several of
those essays are college material and you start talking about chromosomes and --
(APPLAUSE)
Commissioner Teele: Gamma rays and this is very important and we appreciate that.
Mr. Blair: Thank you very much, Commissioner.
Commissioner Teele: The awards, were you going to give them now? Would it be alright if we
just let the kids just come up and maybe take a photo up here with us and you all?
Mr. Blair: Absolutely.
Commissioner Teele: I apologize about the situation, but it will honor us if they could come up
and be with us I think. Leroy.
Mr. Blair: Once again, some of the best in our community and the certificate reads Neighbors
and Neighbors Association certificate of excellence is hereby presented to Jennifer Clark for
honorable mention for her outstanding essay on "What do you think about the cell phone towers
being constructed and those that have been constructed in your community" presented Thursday,
September 26, Leroy Jones, executive director.
(APPLAUSE)
Mr. Blair: Third place is presented to Edward Kinsey for his essay. Edward?
(APPLAUSE)
Mr. Blair: Second place is presented to Cynthia Felix.
(APPLAUSE)
30 September 26, 2002
Mr. Blair: Which, of course, leads Ms. Wilondra Nelson as first place.
(APPLAUSE)
Mr. Blair: Thank you very much. Mr. Jones?
Mr. Jones: I just want to mention that I know that two of the winners actually came from a
program that Mr. Walt is the executive director it's Mr. Walter Hardeman, Youth of America, so
two of the winners actually came from his program, so I think it's first and second prize, the two
young ladies that did the extensive research. Two of them came from his program after school
Youth of America program OK? Thank you, Mr. Walt. I just want to say that I know when you
first took on the fight about the cell phone issue that it's always mentioned to us that we can't
talk about or we can't use the health issue in the cell phone tower because it hasn't been proven,
but I wanted everybody to know how our kids and how our community feel about it. Although
we feel that it's not an issue because it haven't been proven yet, the community feel it's an issue,
so we want to let you all know that our kids surely feel that it is a health issue in 20 or 30 years
down the line when it do becomes a health issue, then what we going to do about it? So, we
trying to prevent this from happening, so that it's no chance that it might be a health issue and
take effect on our families and our kids and our loved ones. If we didn't put it in residential
neighborhoods, we wouldn't have to worry about the perception of it being a health issue and
that's my point. If they wasn't there, we wouldn't have to worry about it, so let's not put them
there and take the responsibility or don't be here to take the responsibility 20 or 30 years from
now and it do becomes a health issue, we want to let you all know that, so I would like to thank
everybody who participated in this. I'd like to thank my organization, Neighbors for Neighbors.
I'd like to thank the parents who came out and let the kids know that we love them and we
understand how they feel and that we here to fight and make things better for them, so thank you
all so much.
Chairman Regalado: Thank you, Leroy. Commissioner Teele has requested, Mr. Manager, that
we get a copy on video of all this presentation so they can play it back at the school and see
themselves and their friends in this video, so we'll be getting the copy for you. Thank you.
Vice Chairman Winton: There should be a copy for each family (INAUDIBLE).
Chairman Regalado: Absolutely, it should be a copy for each of the winners.
Mr. Carlos Jimenez (City Manager): Yes, sir.
7. WITHDRAW UPDATE ON STATUS OF OLD MIAMI HIGH BUNGALOW PROJECT BY
MS. BECKY ROPER MOTKOV FROM DADE HERITAGE TRUST; AND PROPOSED
PURCHASES OF CELLULAR TELEPHONE EQUIPMENT AND SERVICES FOR
DEPARTMENT OF POLICE FROM VARIOUS VENDORS.
Chairman Regalado: OK, so we come back to the blue pages. Commissioner Gonzalez, do you
have anything?
31 September 26, 2002
Commissioner Gonzalez: No, sir, I don't.
Chairman Regalado: Commissioner Winton, you have discussion concerning the update of the
Gusman? You have a resolution, plus you have a time certain and also you have a very
interesting item the transportation initiate of the November 5th ballot question.
Vice Chairman Winton: And I think that's a time certain, I believe at 11, if I remember right.
Chairman Regalado: The time certain will be at the downtown Miami comprehensive
transportation.
Vice Chairman Winton: Oh, yeah, but the conversation about the county's half percent sales tax
is going to follow. That that was the intent because the presentation is what will stimulate, fire
the brain cells here to talk about that issue.
Chairman Regalado: OK, thank you. You want to do the other one?
Vice Chairman Winton: Yes.
Carlos A. Gimenez (City Manager): Mr. Chairman, just a point to move things along. I want to
pull items number 2 and number 16.
Chairman Regalado: Wait a minute item what?
Mr. Gimenez (City Manager): Number 2 that's going to be pulled and number 16.
Vice Chairman Winton: 2 and 16.
City Manager: 2 is a personal appearance and --
Commissioner Teele: I so move the 2 -- the withdraw of items 2 and 16.
Vice Chairman Winton: Second.
Chairman Regalado: 2 and --
Mr. Gimenez: And 16.
Commissioner Sanchez: Second.
Chairman Regalado: Ok, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
32 September 26, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-1055
A MOTION TO WITHDRAW
(1) UPDATE ON THE STATUS OF THE OLD MIAMI HIGH BUNGALOW
PROJECT BY MS. BECKY ROPER MOTKOV FROM THE DADE
HERITAGE TRUST;
(2) PROPOSED PURCHASES OF CELLULAR TELEPHONE EQUIPMENT
AND SERVICES FOR THE DEPARTMENT OF POLICE FROM VARIOUS
VENDORS.
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
8. AMEND RESOLUTION NO. 02-865 TO PROVIDE FOR CHANGE OF DESIGNATED
DEVELOPER OF TWO SINGLE-FAMILY, OWNER -OCCUPIED HOMES, AFFORDABLE
TO VERY LOW, LOW AND MODERATE -INCOME FAMILIES AND INDIVIDUALS ON
CITY -OWNED REAL PROPERTY LOCATED AT 3658 FROW AVENUE AND 3648 OAK
AVENUE FROM UNIVERSITY OF MIAMI, SCHOOL OF ARCHITECTURE, CENTER FOR
URBAN AND COMMUNITY DESIGN IN PARTNERSHIP WITH COCONUT GROVE
COLLABORATIVE, INC., TO COLLINS CENTER FOR PUBLIC POLICY, INC.
Vice Chairman Winton: OK, on my first -- on the Gusman thing, they're still not ready, so that's
going to be deferred; and on resolution 2, if you all remember we passed this resolution I believe
at the last Commission meeting. There's a technical change that we're making and the technical
change is that we're going to deed these properties to the Collins Center. They have a land trust
as opposed to UM (University of Miami) or the collaborative because they don't have the
appropriate mechanism to deal with it and the Collin Center does, so that's what the change is in
this resolution, and I so move.
Commissioner Sanchez: Second.
Commissioner Gonzalez: Second.
Commissioner Teele: Is this land or property?
33 September 26, 2002
Vice Chairman Winton: It is two vacant lots.
Commissioner Teele: One of the things that we put in, in the past and I just want to make sure
because what we got is we got land in the name of all kind of great organizations that we don't
have the right clauses in and we had instructed -- I don't know if that's codified as an ordinance,
but what are the continuance whereby the --
Vice Chairman Winton: It doesn't stay in their hands forever; is that your question?
Commissioner Teele: Say it again.
Vice Chairman Winton: Where they have to develop it or it comes back to us.
Commissioner Teele: Exactly.
Vice Chairman Winton: Yes. And there's a reverter clause what's the period of time?
Lori Billberry: It's 24 months.
Vice Chairman Winton: 24 months, so if they haven't started construction in 24 months it
reverts back to us.
Commissioner Teele: I mean we got one of our big problems is we got land in the name of
organizations all over this place. Great organizations that we didn't put that reverter clauses in.
Certainly, we're willing, I'm willing to vote to extend the reverter clause, but we shouldn't wind
up land banking and that's one of the main problems.
Vice Chairman Winton: You're absolutely right and we were very clear about that. They
understand that very clearly. One of the things that advantages also, an added advantage to the
Collins Center is that once they get -- they don't have the land trust is relatively new. They don't
have assets in the land trust. These two assets going are hard assets that we're going to land trust
which will allow them to go and raise money from foundations on the basis of having a real asset
in the trust, so there's a lot of positives to this move, including the reverter clauses in there.
Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
34 September 26, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-1056
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 02-865 TO PROVIDE FOR A CHANGE OF THE
DESIGNATED DEVELOPER OF TWO SINGLE-FAMILY, OWNER -
OCCUPIED HOMES, AFFORDABLE TO VERY LOW, LOW AND
MODERATE -INCOME FAMILIES AND INDIVIDUALS ON CITY -OWNED
REAL PROPERTY LOCATED AT 3658 FROW AVENUE AND 3648 OAK
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO, FROM THE UNIVERSITY OF MIAMI,
SCHOOL OF ARCHITECTURE, CENTER FOR URBAN AND COMMUNITY
DESIGN ("UNIVERSITY"), IN PARTNERSHIP WITH COCONUT GROVE
COLLABORATIVE, INC., TO THE COLLINS CENTER FOR PUBLIC
POLICY, INC. SUBJECT TO THE SAME TERMS AND CONDITIONS SET
FORTH IN RESOLUTION 02-865.
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
9. AUTHORIZE ISSUANCE $30,000,000 IN AN AGGREGATE PRINCIPAL AMOUNT OF
SPECIAL OBLIGATION NON -AD VALOREM REVENUE REFUNDING BONDS, SERIES
2002G, FOR PURPOSE OF PREPAYING ALL OF CITY'S OUTSTANDING LOAN
PAYMENTS DUE UNDER THOSE CERTAIN LOAN AGREEMENTS DATED AS OF MAY
12, 1994 AND AS OF OCTOBER 25, 1995 BETWEEN CITY AND SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION.
Chairman Regalado: Mr. Vice Chair, with your permission, would it be possible to do
something else now because we have here with us Broward County Commissioner John Rousin.
He is coming on item 15, which is the bond issue, and as always we extend to elected official the
courtesy. Is he here? Ok.
Scott Simpson (Finance Department): Scott Simpson, Finance Department. We're here today to
look for approval of approximately $29,000,000 to refinance variable rate debt. To discuss the
35 September 26, 2002
issues I have Mike Williams bond counsel Akerman Senterfit; Nate Echloff, financial advisor for
R.B.C. Dain Rauscher, and Senior Manager John Rodstrom from Salomon Smith Barney, Inc.
At this point, I'd like to bring bond counsel out to talk about the mechanics of the resolution and
what we did to get here.
Mike Williams: Thank you Scott for the record Mike Williams with the law firm of Akerman
Senterfit. The resolution before you today is very similar to the resolution you all passed on the
2002A and 2002B special obligation deals that you did earlier this year and that's because in
those resolutions you had a covenant of two-time coverage. We had to repeat that same
coverage here so really the only substantive change or substance addition to this resolution with
those you all had earlier this year is some language regarding the surety bond that will be
deposited in the reserve fund which is being issued by your bond issue on this transaction
financial veering insurance company. That's from a resolution perspective, I'm certainly glad to
answer any questions, but it is almost identical except for that one matter to resolutions that you
all looked at earlier in the year.
Chairman Regalado: Any questions?
Vice Chairman Winton: So we need a resolution?
Commissioner Sanchez: So moved.
Vice Chairman Winton: Second.
Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
Mr. Simpson: Thank you very much.
36 September 26, 2002
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1057
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $30,000,000 IN AN AGGREGATE
PRINCIPAL AMOUNT OF SPECIAL OBLIGATION NON -AD VALOREM
REVENUE REFUNDING BONDS, SERIES 2002E, FOR THE PURPOSE OF
PREPAYING ALL OF THE CITY'S OUTSTANDING LOAN PAYMENTS
DUE UNDER THOSE CERTAIN LOAN AGREEMENTS DATED AS OF
MAY 12, 1994 AND AS OF OCTOBER 25, 1995 BETWEEN THE CITY AND
THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION;
PROVIDING FOR THE PAYMENT OF SUCH REFUNDING BONDS FROM
LEGALLY AVAILABLE NON -AD VALOREM REVENUES BUDGETED
AND APPROPRIATED BY THE CITY FOR SUCH PURPOSE; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; DELEGATING TO THE CITY MANAGER THE
DETERMINATION OF CERTAIN MATTERS AND DETAILS
CONCERNING THE BONDS; AUTHORIZING THE NEGOTIATED SALE
OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN
CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND
BOND REGISTRAR; APPOINTING AN ESCROW AGENT; APPROVING
THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF
AN ESCROW DEPOSIT AGREEMENT AND A PAYING AGENT AND
REGISTRAR AGREEMENT; APPROVING UNCERTIFICATED, BOOK -
ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE
DEPOSITORY TRUST COMPANY; ACCEPTING THE COMMITMENTS
OF FINANCIAL GUARANTY INSURANCE COMPANY FOR A
MUNICIPAL BOND NEW ISSUE INSURANCE POLICY TO INSURE SAID
BONDS AND A MUNICIPAL BOND DEBT SERVICE RESERVE FUND
POLICY FOR SAID BONDS AND TO EXECUTE AND DELIVER ANY
RELATED AGREEMENTS IN CONNECTION THEREWITH; PROVIDING
FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL
STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER
THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE
IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH
SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND
APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH
RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS; AND
PROVIDING AN EFFECTIVE DATE.
37 September 26, 2002
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None
10. BRIEF COMMENTS ON USE OF GUSMAN THEATER AS POSSIBLE SITE FOR
NOVEMBER COMMISSION MEETING. (See #4)
Chairman Regalado: Commissioner Winton, we go back to your blue pages.
Vice Chairman Winton: I think that I think that I'm -- That's it for my blue pages, because the
next two items are related to transportation, right?
Chairman Regalado: And the Gusman you will find out about the possible Commission meeting
in November.
Vice Chairman Winton: Yes, I will.
Chairman Regalado: Thank you.
Vice Chairman Winton: Thank you.
11. DIRECT MANAGER TO INITIATE STEPS NECESSARY TO PURCHASE PROPERTY
LOCATED BEHIND TOWER THEATER AT 1501 SOUTHWEST 9TH STREET.
Chairman Regalado: Commissioner Joe Sanchez, you still have in left on the blue pages.
Commissioner Sanchez: Yes, Mr. Chairman, pertaining to parking which it continues to be an
ongoing problem in our City because of the past infrastructure, we have not adequately prepared
for parking, and let me just say that they development and redevelopment in my district,
especially along 8th Street with the Cultural Friday's and I continue to emphasize, and tomorrow
I take the opportunity for those of you who have not visited the Cultural Friday's tomorrow. We
celebrate Cultural Friday on 8th Street between 17th Avenue 12th Avenue. We have a golden
opportunity here that we could not let go by. Behind the Tower Theater, there's a property there
that the police and maybe I should have had them to come in and testify they have made
numerous arrest on that property, drug arrests. The owner has finally just said, "Forget it. I'm out
of here. I'm going to sell the property. It is a piece of property that it's in the best interest of the
38 September 26, 2002
City to purchase it, for whatever the reason whether it be additional parking for the area or to
later on to add on to the Tower Theater or the Dominos Park or the plaza that's in the works right
now. The property itself is located at 1501 Southwest 9th Street and I have a resolution basically
asking the, directing the City Manager to initiate steps necessary to purchase the property located
behind the Tower Theater at 1501 Southwest 9th Street, Miami, Florida; further directing the City
Manager to negotiate an agreement for the said acquisition and present the agreement to the City
Commission for its consideration. The property is on sale and on the market I think very
reasonable. I would just make the motion to approve. So moved.
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.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1058
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO INITIATE THE STEPS NECESSARY TO PURCHASE
THE PROPERTY LOCATED BEHIND THE TOWER THEATER AT
1501 SOUTHWEST 9TH STREET, MIAMI, FLORIDA; FURTHER
DIRECTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT
FOR SAID ACQUISITION AND PRESENT THE AGREEMENT TO THE
CITY COMMISSION FOR ITS CONSIDERATION.
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
39 September 26, 2002
12. APPROVE NEIGHBORS AND NEIGHBORS ASSOCIATION AS RECIPIENT OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED PILOT SMALL
BUSINESS "START-UP" GRANT PROGRAM, WITH FUNDING CAP OF $40,000; FUNDS
TO BE ALLOCATED FROM PUBLIC SERVICE DOLLARS; MANAGER TO COME BACK
WITHIN 30 DAYS BEFORE FIRST MEETING IN NOVEMBER WITH PROGRAM AND
PROPER NOTICE FOR MOVEMENT OF DOLLARS AND RECOMMENDATIONS FOR
FUNDING USE.
Chairman Regalado: Commissioner Teele we have the -- in your blue page discussion
concerning community development block grant, start off grant.
Commissioner Teele: Mr. Chairman, to the manger I'm a little bit concerned about the process
that we're dealing with now with the CD (Community Development). I've asked repeatedly for
the notices, and there is not one day that I pick up the Miami Herald that I don't see a notice on
the kinds of reallocation that going on in the county where the money comes from whatever, and
I ask for the notice the one that we talked about two weeks ago with reference to program
income. I still have not received that, but I want to send a notion of caution that I really think --
is the CD director here? That I really think that we don't need to start going back to old habits of
moving around CD dollars without it being properly and fully noticed and noticed in the
newspapers of general circulation. I have a request that was made I think this was made -- in
May of this past year -- to establish a pilot program regarding district 5 for entrepreneurship, and
it's actually -- what's the term? Micro it's a micro loan concept, and I would like to move this
item, further requiring that this pilot program have the businesses either be based in the district
or the principal residents be within the district as it relates to this. I don't want to jump the gun,
however this program that was outlined in May and I'm glad Mr. Jones has come back in because
there was a very heated discussion and a discussion about this in which community development
accepted the responsibility of coming back to us within 30 days, and it just continues to languish.
This would be, I want these funds to be from public service dollars not economic development
dollars because the strings and the regulatory requirements associated with economic
development dollars is legendary. However, in subsequent discussions with the Manager and
with the Mayor I'm very pleased, and I'll be happy when the Mayor comes to perhaps augment
this program with funds from the poverty, and I really think Mr. Manager that it's very important
that we figure out who's going to take the lead on some of these unique initiatives. Just because
the funds are CD doesn't mean that CD should do it. It doesn't mean they shouldn't do it either,
but we see, I see a series of initiatives coming forward, based upon the fact that we're the poorest
city in America. We sort of been sweeping that under the rug and fortunately I think the Mayor
is coming forward with it and the problem is this. The problems in my district are totally
different from the problems in Johnny Winton's district, and I don't think we need to have a one
size fits all; one shoe fits all. The problems of deep structured unemployment in the African
American community are unique to that community as compared to the problems of, perhaps, the
Haitian community, which may be African American, but it may be totally different; or in
Wynwood, or in Allapattah, which I'm pleased to represent, and so what I'm trying to make sure
that we're clear on is that pilot program, which we put the reserves aside from district 5 for
public service. It's the program is what I would like to move forward, but I want -- this motion
is to instruct the staff to come back both with the program, the outline of the program, and the
40 September 26, 2002
notice that's required by federal law of the movement of the dollars for this program and
recommendations on how it should be used. I think the story in today's Herald by Defede, I
guess really summarizes where I am on this issue with both these funds back to May the
initiative that Neighbors and Neighbors came up with in May when that discussion was being
held, Mr. Jones. You remember this discussion, and there was a commitment that the
community development would develop the program and come forward, and it hasn't. We also
would like to note that in today's Herald is a different story and I would really appreciate if
someone would get me that information of some foundation offering to put up a million and a
half dollars for a micro loan, so there is a leveraging issue here that can also be done and
obviously what I'd like to do is to see how we can leverage these community development funds
and then the third issue gets to the Mayor's initiative on development, and the forth issue is
another study today in the paper which I found absolutely shocking, Mr. Jones, that African
Americans today are more likely to want to go into business than any other group of people or
that seemed to be what the article said and it's some foundation a study and I'd like Mr. Director,
if you could get a copy of that study maybe off the internet or something and get it to us so that
we can all understand it, and I think that is a radical -- that is certainly inconsistent with the
previous census data, and I think it may be a function of wages and welfare to work and a whole
lot of other things, but I think we have to encourage African American and particularly African
American men to go into jobs and so my motion would be to instruct the Manager to come forth
within 30 days with a program and the notice for the release of the funds for this purpose as the
program has already been outlined by Neighbors and Neighbors in May.
Vice Chairman Winton: Second.
Commissioner Teele: And I did want to yield with Mr. Jones because I don't want the record not
to be replete with your voice, because you all brought the issue and the previous director met
with them in my office. This is going to come back in June or July and here we are.
Leroy Jones: Leroy Jones, Neighbors and Neighbors Association, executive director, 180
Northwest 62nd Street. I do want to say that Neighbors and Neighbors already does a program
called the mom and pop grant program through Miami Dade County. It started off in 99 with
Commissioner Barbara Carey -Schuler with $72,000. This year the county approved through
general funds a million dollars for the mom and pop grant program.
Commissioner Teele: Countywide.
Mr. Jones: Countywide. Five Commissioners will split up $200,000 per district and all of them
is in low-income areas. I'm requesting that --
Vice Chairman Winton: It wasn't a one shoe fits all approach in the county. That's good.
Mr. Jones: Well, it started off with only one district. This year two districts did it, District 5 and
District 2 did it and now for next year we got 5 districts doing it and it's called the mom and pop
grant program. My agency is the agency selected to provide technical assistance to the
businesses that would apply for the funding. We also take the lead in designing the program. It's
a real simple program, one page application, real simple. The maximum amount of these
41 September 26, 2002
programs though is $15,000 in all grant money, so you can get anywhere from $500 to $15,000.
I know the City is much smaller than the county, but we're hoping that the Commissioner will
consider instead of 40,000, a hundred thousand and instead of making the grants available at
2,200 or make them for $5,000 grants, and what so good about it that we can match the county
funds with the program with the City. We can identify businesses that can be approved. Any
county money, any city money, which will give them more bang for the buck. We don't want to
start off businesses and not have them have everything that they need to get the business on the
right track because everybody know who deal with businesses know that within the first 2-3
years 80 percent of the businesses fail. Why? Because they don't everything that they need
starting up so we hoping that the City will consider making it $100,000 instead of 40,000 and
making it $5,000 per grant and let Neighbors and Neighbors associations because we the one
who came to the City and requested this program providing technical assistance and all of the
dollars will get on the streets. Why? Because we already funded through the City and the county
to provide technical assistance, so you don't have to find nobody else to provide technical
assistance for a cost. We do it for free.
Commissioner Teele: If I may, let me respond to four points that you made in the affirmative
and respond negatively to one. Number 1, I have no objections to the notice because it has to go
to an existing organization or a new organization as an add-on to their under the contract
compliance, so I support that. Number 2, this is a program that is CD at this point as compared to
the county program which is where I'm trying to go which is why I want to the Mayor, hat in
hand on my knees for the last three weeks about the poverty program because the way to deal
with this is not really through CD dollars.
Mr. Jones: Commissioner, if I can say --
Commissioner Teele: It is through general fund dollars where appropriate.
Mr. Jones: You're absolutely right, Commissioner, because if we do this program through
CDBG it's a lot of things that businesses are going to need the money for they can't use it --
Commissioner Teele: But let me just make one point. The reason that it is here like this is these
are public service dollars and not economic development. And public service dollars are more
akin to general dollars. I'm sure Frank understands this better than I do because this has been his
business than economic development dollars and have all sorts of test, et cetera, but I am here to
say this is a pilot that I want to get off but if we do roll out with the Mayor's program, this is
where I'm saying that I want to go with District 5. I'm not trying to make this a citywide
program because I think if somebody wants to feed and this is where Johnny somebody said that
you said that there was some extra money. What I have always said is this if Allapattah and
Wynwood want to feed the elderly, I don't have any problem with that. Don't make me feed the
elderly, "A," because we never had a place to feed, and "B," because in my opinion jobs are
more important to my district than any other thing, so what I don't want to do, Mr. Jones, is try
to now make this a citywide program and that was one of your comments. The third comment is
this, this program is not what he described from my mind at this point for existing businesses.
This would have to be startups, and I respect the program of existing businesses of mom and
pop, but this is a start-up more on the lines I don't have a problem with the 2,000 to 5,000 and all
42 September 26, 2002
of that, but what were looking for, Mr. Manager, is a designable program that employs the
disciplines that we have in our City particularly in the business and economic development
where -- what's the other department?
Dan Fernandes (Acting Director, Community Development Department): Real Estate and
Economic Development.
Commissioner Teele: The economic development people that sort of do the studies and that sort
of thing and so this is very important for me that we get the right design and I'm totally
comfortable and would amend my resolution to designate Neighbors and Neighbors for the start
up consistent with the policy direction that you all write in and consistent with public service
dollars etc.
Mr. Jones: If I can say, Commissioner, a year this month, we've been working on creating the
new businesses and we have identified 20 new businesses that we have already done the
paperwork for. If this program is successful, we would like to see new businesses get the start up
funding this program and what I'll do is I'll work to get some extra funds from the county for
these new start-up businesses because the mom and pop program they can fund startup
businesses and home based businesses with this funding.
Commissioner Teele: And to my colleagues on the Commission, I want to be very clear and I
would like some statistics because if you go to the Dade County jail, if you go to the state prison,
you will see vividly, I do not want a prior criminal record to be a bar to someone starting up a
business and I want to be very clear about that. I do not want a prior criminal record to be a bar
to starting up business. We have got to stop redlining -- we'll never deal with structural
unemployment in my district if everybody's who's been arrested or convicted doesn't have a
chance to start life again. Anybody's that out on parole maybe that's a different story but if you
paid your time you should be able to move forward with your life, so I want to be very clear
about that I don't want somebody to say that I'm trying to do something. I can tell you there are
a lot of ex -felons -- the one thing that I can't deal with in my office are the ex -felons -- who
come in and say I can't get a job, I can't start up a business.
Mr. Jones: Well Commissioner, I'm one. I'm a convicted felon and without a doubt I believe
that Neighbors and Neighbors Association is the most successful technical assistance agency in
Dade County and the City of Miami, statewide, I really believe that because since the late 1999
over 120 businesses have gotten contracts through the City and the county for funding either
grants or loans and out of the 120 I think 117 have never done business with the government
before, so I'm living proof that giving somebody a chance because the county gave me my first
chance. They gave me $100,000 when I was just released from prison to do the Neighbors and
Neighbors Association and now look what it's blossomed to. Right now I've got 14 employees, 4
hired through the lot clearing program that you all approved us for through the City of Miami
and the other 10 is funded by City dollars 150,000 that I get and county funding that I get, so I
have fourteen employees right now and out of the fourteen employees, nine of them are
convicted felons, so I'm living proof that if we give these guys a chance and we give them the
right chance.
43 September 26, 2002
Commissioner Teele: And women.
Mr. Jones: Right, and money, that we can change this City around and make them taxpayers.
Let's make them taxpayers.
Commissioner Teele: Leroy, I said, "and women."
Mr. Jones: And women, I'm sorry, and women. I don't want women writing or calling me later,
telling me I'm excluding them.
Commissioner Teele: I would call the question, as amended, with instructions that this will be
back before the first meeting in November.
Chairman Regalado: We have a motion and a second all in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02- 1059
A MOTION OF THE MIAMI CITY COMMISSION APPROVING
NEIGHBORS AND NEIGHBORS ASSOCIATION AS THE RECIPIENT OF
A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
PILOT SMALL BUSINESS "START-UP" GRANT PROGRAM, WITH A
FUNDING CAP OF $40,000, WHICH WOULD PROVIDE FINANCIAL
ASSISTANCE TO AWARD RECIPIENTS IN AN AMOUNT NOT TO
EXCEED $2,200 PER GRANTEE; FURTHER REQUIRING THAT SAID
PILOT PROGRAM BE BASED IN THE DISTRICT OR PRINCIPAL
RESIDENCE BE IN THE DISTRICT AND FUNDS TO BE ALLOCATED
FROM PUBLIC SERVICE DOLLARS; AND FURTHER INSTRUCTING
THE CITY MANAGER TO COME BACK WITHIN 30 DAYS BEFORE
THE FIRST MEETING IN NOVEMBER WITH PROGRAM AND WITH
PROPER NOTICE, AS REQUIRED BY FEDERAL LAW, FOR
MOVEMENT OF DOLLARS FOR THIS PROGRAM AND
RECOMMENDATIONS FOR FUNDING USE.
44 September 26, 2002
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None
13. DENY REQUEST MADE BY MR. ENRIQUE KOGAN CONCERNING IN-KIND
SERVICES FOR "ROCK IN MIAMI" EVENT TO BE HELD ON NOVEMBER 10, 2002 AT
BAYFRONT PARK.
Chairman Regalado: We have a personal appearance, Enrique Kogan. He's here and this will
end the personal appearances, and then I have some items on the blue page, and then we proceed
if I cannot do mine, I will do it in the afternoon, but we'll proceed to their report on the traffic 11
AM time certain, Mr. Kogan.
Enrique Kogan: Yes, good morning everyone. As you know, I produced the Argentinean
Festival in Miami. My name is Enrique Kogan, my address is 1450 Brickell Bray Drive, Suite
1711, in Miami. What I say is I produced the Argentinean Festival in Miami. As you know, it
was declared the best festival of the year by the New Times. The resource they make must
include all the newspaper has had almost 2,000 tourists out of 15,000 came. They came from all
over the United States and Argentina. Most of the people go (UNINTELLIGIBLE). Now I
produce a festival in Miami you can see the other day in the Miami Herald choose us in the
Herald was the last phase of work in Miami. I want to create what happens in Rio de Janeiro
(UNINTELLIGIBLE) which started with 5,000 people and now it's 200,000 people in Rio
(UNINTELLIGIBLE) everywhere in Latin America, Spain, and they spend money.
(UNINTELLIGIBLE) come to the city for the first time (UNINTELLIGIBLE) police and the
fire. That's it. (UNINTELLIGIBLE).
Chairman Regalado: OK.
Commissioner Sanchez: I didn't understand what he wanted. I didn't understand. He wanted
the same benefits that you received for the Argentinean festival for this event?
Mr. Kogan: Yes.
Commissioner Sanchez: OK.
45 September 26, 2002
Christine Abrams: Christina Abrams, director of Public Facilities. Mr. Kogan is requesting
from the City of Miami to provide police, fire and solid waste services in the amount of $7,393
for the presentation of Rocking Miami. The Administration has reviewed his request and while
we find him to be a very reputable and excellent promoter, he already received a contribution
from the City in the amount of $8,300 approximately for the presentation of the Argentinean
festival in the same year.
Vice Chairman Winton: So I'm not sure what Christina said either, so what did you just,
Christina --
Mr. Kogan: (UNINTELLIGIBLE)
Vice Chairman Winton: Hold on. Wait, Christina.
Chairman Regalado: Why don't you give him the portable mike because that sound is bad. We
can't --
Commissioner Teele: I cannot understand what the staff is recommending. I want to know what
the staff is recommending.
Vice Chairman Winton: Neither can I.
Carlos Gimenez (City Manager): We're recommending denial. Cristina, can you say again what
Ms. Abrams: I'm recommending denial of his request, which is $7,393 to pay for police, fire and
solid waste services for the event to be held at Bayfront Park.
Mr. Gimenez: This is because this is the second event.
Ms. Abrams: The reason we recommend that is because this is the second event in a year that
promoter presents, so to be fair and provide funding for other organizations, we're not
recommending approval.
Commissioner Gonzalez: And if I would assume correctly, you said we already granted them
$8,000.
Ms. Abrams: Approximately $8,287 for the Argentinean festival which this same promoter
presented this year.
Commissioner Sanchez: Mr. Chairman, Enrique, we tend to be very gracious in the Commission
here. You're a promoter, you're a gentleman, you came you did an event, we're very proud of
your event, we helped you. We have limited funds that we have to spend and I'm sure that there
is going to be someone else to bring another event that we can help them out
(UNINTELLIGIBLE) situation. You have already been helped by this Commission to do your
event and we help you every year with the Argentinean festival. For you to come back and ask
46 September 26, 2002
for assistance again in the amount of close to $8,000 again, it's we helped you already, now
you're coming back for other help, come on, you got to understand.
Mr. Kogan: I understand, Mr. Sanchez, but if you can see, the first year, the Argentinean
Festival was the best festival of the year at Bayfront Park. We got more than 2,000 tourists only -
Commissioner Sanchez: That's why every year we help and we'll continue to help.
Mr. Kogan: But I see the helping (UNINTELLIGIBLE).
Commissioner Sanchez: No, that's incorrect, because that's Bayfront Park. We don't provide
the same assistance to the same promoter for two events.
Mr. Kogan: I guess these are kind of people that are just coming here to (UNINTELLIGIBLE)
benefits (UNINTELLIGIBLE) Miami that sounds good and it's not really a lot that I'm asking
and I always (UNINTELLIGIBLE) you should see my advertisement two months before this the
Miami Herald.
Commissioner Sanchez: I'm not questioning your promotional skills. You're a good promoter.
You bring a good event. The Argentinean event we're all proud of, but coming here and asking
us for assistance on another event we got to draw the line somewhere so in prepared to draw the
line and I make the motion to deny your request.
Commissioner Gonzalez: I second the motion.
Chairman Regalado: Ok, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: Thank you.
Commissioner Sanchez: You got good sponsors on your newspaper there.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-1060
A MOTION TO DENY REQUEST MADE BY MR. ENRIQUE KOGAN,
EXECUTIVE PROMOTER OF EDITORIALSUR, CONCERNING IN-KIND
SERVICES FOR THE "ROCK IN MIAMI" EVENT TO BE HELD ON
NOVEMBER 10, 2002 AT BAYFRONT PARK.
47 September 26, 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.
14. RELATED TO INTERNATIONAL TRADE BOARD AND ENTERPRISE -FLORIDA
TRADE MISSION TRIP TO MOROCCO TAKING PLACE FROM OCTOBER 19 TO
OCTOBER 26; MANAGER TO OFFER SUPPORT AND PROVIDE FUNDS AT HIS
DISCRETION FOR TRIP.
Commissioner Teele: Mr. Chairman, I had an item on the blue pages that didn't get written up.
Chairman Regalado: Go ahead and we'll do that, then Commissioner Winton's time certain,
and I will defer mine to the afternoon.
Commissioner Teele: Mr. Chairman, I would move that the City of Miami formalize a formal
resolution endorsing an supporting the International Trade Board's and the Enterprise Florida
trade mission from October 19th through the 26 to Morocco and ask that the Manager and the
trade office provide any necessary support and further to authorize expenditures within the
Manager's discretion in support of the activity. I would so move.
Commissioner Sanchez: Second.
Chairman Regalado: We have a motion.
Commissioner Teele: And I would like to I don't have a chance to talk to Johnny Chairman of
trade because of the sunshine law, but I wanted to commend you Commissioner Winton for
coming forth with this. I know that one of my appointees Dwayne Wynn and others are working
on this but I did want to make this very clear particularly to my colleague Angel Gonzalez and to
the CAMACOL (Latin Chamber of Commerce) people who I think really should also be invited.
Morocco has two situations right now that are unique. The first one is the fact that the US
Ambassador is probably one of the closest personal friends to the current president having been
Jim Bakers chief of staff for 20 something years, Margaret Tuckwiler, Ambassador Tuckwiler,
and as a result of that and the second phenomena which is there appears to be a major US
Government shift in alliances in the Middle East and it appears that the US Government and the
US Trade Ambassador along with the Secretary of Commerce are moving to make Morocco the
most favorite Middle East nation which was previously Saudi Arabia. If that happens, Morocco
48 September 26, 2002
is then in a position to negotiate on the fast track basis with the US a free trade agreement and
that has not been announced and that is not being -- that's not out there, but it means the
Morocco becomes the entry point into the Middle East and to Africa and in light of where we are
in Iraq and Baghdad and et cetera. This is very significant and so I really think in terms of the
potential trade opportunities, Angel, in the district that you represent and in the CAMACOL this
is going to represent a literally unprecedented opportunity to get in on the ground floor. The
Moroccan government appears to be moving 16 to $24,000,000,000 to be available within the
next 12 months to meet this initiative including the construction on a turn key basis of
$1,000,000,000 seaport which doesn't exist now but the kingdom has made this a part of their
publicized plans to move so we talk about the Saudi's and the Kuwait and all of that, well,
Morocco appears to be the position to be the big beneficiary of a shift in US policy and
commercial opportunities and I just wanted to make that known and make that public because I
had agreed to go on that mission and I wanted to make sure that this is really about how do you
change the economics of Miami one way is to get more trade and more business opportunities
and I'd like to work with you on that, Angel.
Commissioner Gonzalez: Thank you.
Vice Chairman Winton: And Commissioner Teele, as it relates to the International Trade Board,
I am the Chairman and we are taking -- and we try to be very careful what missions we take.
We're very much different than the old days in International Trade Board when trade, when
serving on the board seemed to be a fabulous exercise in getting a junket and a vacation on the
backs of the taxpayers and so we've been very focused on the missions, and one of the things
that we're doing differently is we're also trying to identify the appropriate skill sets to go on
these trade missions and who goes is as crucial as any question we deal with. You send the
wrong folks that don't have the right skill sets and the right connections, you're almost wasting
your time, and in that regard it's the reason why we've asked you to represent as an elected
official, the City of Miami, as opposed to me, because you've got already connections in
Morocco and some connectivity in the federal government I don't have, so, I go on that trip and
it'd be neat to go on the trip but it doesn't do anything. I'm not an asset to that trip and that's
how we're viewing this and we're going to do that with the entire Commission. I happen to have
the Chairman's job, but it's really about finding the right skill sets to go on these trips that will
create benefit back to us, so --
Commissioner Teele: Well, my point is, if this resolution passes, I'm going to be sending a
memo to each of the Commissioners recommending that we go to the Manager and if there's a
person especially like CAMACOL that we can identify where the Manager has the authority to
say spend up to a certain amount of money, that the Commissioners select --
Vice Chairman Winton: Well, we're also, though, in that regard, doing that a little differently,
and we're encouraging people to go along, but were not footing the bill for everybody. We're --
Commissioner Teele: We don't fit the bill I think for businesses, but if there is some
organizations like CAMACOL is our official organization that reaches out for us or some other -
49 September 26, 2002
Vice Chairman Winton: That may have some money.
Commissioner Teele: That may have money that we should try to do that because I think a part
of what we need to do is establish those relationships. Thank you.
Chairman Regalado: OK, we have a motion and a second. Are you coming back the 26 or the
24th? Commissioner Teele, you are not going to be here for the 24th? OK, we'll talk about later
(UNINTELLIGIBLE). All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1061
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACKNOWLEDGING, ENDORSING AND SUPPORTING THE
INTERNATIONAL TRADE BOARD AND ENTERPRISE -FLORIDA TRADE
MISSION TRIP TO MOROCCO, WHICH IS SCHEDULED TO TAKE PLACE
FROM OCTOBER 19, 2002 TO OCTOBER 26, 2002; AND AUTHORIZING
THE CITY MANAGER TO OFFER SUPPORT AND PROVIDE FUNDING,
AT HIS DISCRETION, FOR THE SUBJECT TRIP.
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.
15. INSTRUCT MANAGER TO MEET WITH COUNTY AND REPORT BACK AT NEXT
MEETING AS TO PROPOSED USE OF TRANSIT TAX BY COUNTY. (See #16)
Chairman Regalado: 11 o'clock, we -- I'll do my blue pages in the afternoon. Commissioner
Winton.
Vice Chairman Winton: Going to do the transportation thing? No, it's in my blue sheet, yeah.
Mr. Chairman, fellow Commissioners, I would like to introduce this next piece as you all know,
this is really this was an initiative of Commissioner Teele. If you remember when I first got
elected, I think the very first action that I took was to block the reconstruction of the 2nd Avenue
50 September 26, 2002
Bridge in front of the MRC (Miami Riverside Center) building because I felt very strongly we
need a tunnel connecting downtown to Brickell over the long hall or were we going to create
some serious gridlock that would have serious economic repercussions for a city long-term, and
thank goodness Commissioner Teele sat on the Commission, because what he did in a series of
public hearing that we had was really guided the blocking of that bridge to something that was
much bigger and what we ended up with was a commitment and a partnership between Florida
Department of Transportation Miami Dade County and the MPO and the City of Miami to
develop a comprehensive master transportation plan for the greater downtown area, and we also
as a part of compromise and we identified through a very intense process an alternate potential
location for that bridge connectivity so that we can then allow Florida Department of
Transportation to move on with the bridge that they already had funded, designed, priced, bid
were ready to go to construction on and so they weren't going to be too thrilled to see that
project stopped. This transportation master plan has been a process that has been ongoing for a
little over for about two years now maybe about a little longer than two years now. I think
longer than two years it's been a very complex process and as you can all imagine with as many
roads and mass transit and buses and trucks and bridges and tunnels that we have converging on
downtown Miami you can imagine that in order to -- and it isn't downtown. The boundary lines
for the study essentially reach the Rickenbacker Causeway on South 36th Street on the North so a
very concentrated and complex program and we planned on having the study finished in 20
months. We got behind, but we got behind because it is very complex and a lot of people have
been working very hard. The plan is not yet fully complete. The plan is complete, but all the
steps that we have to take by law to bring a plan before this Commission and would have you
sign off on, that isn't complete. We have a series of public hearing that we still have to hold.
We have some tinkering that still needs to be done with the plan itself and so we don't anticipate
we will be ready to bring a plan back for adoption by this Commission until November.
However there's a major claim going on in our lives right now that is of utmost importance for
us to debate and that's the counties initiative for a half penny sales tax to support transportation
funding. That goes on the ballot on early November, so I ask our consultants if they can put
together a quick 10-15 minute presentation that gives you a clear snapshot of what we've done to
date and give you a picture of the scope of the requirement to meet our long-term transportation
master plan for this City over a 20 year period to give you that picture today. That will then lead
to a debate that we need to have about whether or not the City of Miami is going to support the
counties initiative for this half penny sales tax and you all will have a clear understanding now of
the impact that may directly have on our City, so that's the genesis f moving this thing up. You
won't get the whole report. We will come back to you some time in November early December
with the full version of the master plan and present it as we have done the others, so that's the
history here and with that, I would like to introduce two people one being our lead consultant
Tim Plummer and I think that he and his team have really done a good job and Frank Baron
who's with the Metropolitan Planning Organization and has been a key supporter and a big help
to getting us where we are today and Clark Turner from City of Miami staff is sitting back here
and Clark has really taken the lead from the technical standpoint the City staff, and I want to
thank you all, and with that, I turn it over to Tim.
Frank Baron: Well actually you turn it over --
51 September 26, 2002
Vice Chairman Winton: I think this microphone or the acoustics, one or the other, you can hear
people here, you can't understand in that corner; so if you all don't mind moving over here.
Mr. Baron: The downtown transportation master plan for the City of Miami, as Commissioner
Winton said, extends from 195 on the North down to the Rickenbacker Causeway on the South
and it runs from I-95 to the bay with an intense core study area that runs through the areas of
Omni, Parkwest, Southwest Overtown to the CBD (Central Business District) and to the Brickell
areas. In this study we're looking not only at what we might do for a master plan but what's
some alternatives might be in terms of what happens if we experience a surge in growth and we
work very close to the City of Miami staff and in particular Clark Turner and his people in
determining what might be a different levels of growth which we have termed a base case which
is straight line projection which is a bump up and visionary which is truly visionary. We've also
crafted a set of potential transportation improvements to match these three growth scenarios and
what we've done now is to acquire technical tools, two sets of models in a rather innovative and
unique way to try and determine technically good matches for how we can make some
recommendations to you for a future for downtown Miami. We hopefully will give you a guide
that will help the City fathers work with the county fathers and the state to direct transportation
improvements to the downtown Miami area as well as those for the rest of the county. We have
an extensively wide range and experienced team headed by principal in charge Tim Plummer of
David Plummer and Associates aided by Scott Leffwooch of Leffwooch Consulting Engineers,
who have taken the lead in implementing some really innovative tools in which we take just
about every street in downtown Miami and run a transportation simulation in such a way that we
can actually see cars backing up or not backing up as we make different kinds of transportation
improvements and implement different kinds of changes in the transportation system. With that,
I will turn it over to Tim and his presentation. Thank you.
Tim Plummer: Thank you, Frank. Again, Tim Plummer with David Plummer and Associates.
I'm very pleased to be here this morning as Commissioner Winton has mentioned it has been a
very long process but I think we're going to come to some very good conclusions and products
as we finish this process. Let me start by reminding you what the objective of this downtown
transportation master plan and that is to develop a transportation master plan that's going to
guide future transportation improvements in the downtown area. This is really a 20 -year plan
that we're looking at, but this project isn't just about transportation. It's about quality of life. It's
about community cohesion and it's about economic vitality. The economic success of downtown
Miami is crucial to the economic vitality of rest of City of Miami and all of Miami Dade County.
In order to compete with other major metropolitan areas, downtown Miami has to continue its
economic development. Our study area is broken down into three sub areas. I'm going to try to
work through this pretty quickly for you to give you a summary. The Brickell area, the CBD and
the Omni, Overtown, and Parkwest area. We've had a couple public forums lots of public
meetings. We've gone out to the community and gotten their feedback on what they wanted from
this transportation system. As a matter of fact, Mr. Tory Jacobs is here in the audience. He's
been very, participated greatly in this process and I'm going to share with you some of the
comments that we got from the public. The Brickell area wants to see pedestrian amenities
improved. The problems with the Brickell bridge opening they want those resolved. Potentially
extending metro -mover, reducing congestion and so forth. The CBD we got comments that they
wanted to make that area more pedestrian friendly. They want to have downtown Miami be a
52 September 26, 2002
place where people want to be 24/7. They also want to improve access to the CBD getting in and
out of the area. Signal timing came up over and over again with the central business district
folks. The confusion of the one-way street system, they'd like to see that simplified and that ties
into pedestrian improvements as well. An interesting one, which is how about considering free
transit in the downtown area to get ridership up. We're going to talk a lot about transit later on
in this presentation. The Omni Overtown Parkwest area, they felt separated from downtown they
want to see pedestrian connectivity and transit connectivity from their area with the rest of the
CBD reducing congestion and also looking at extending metro -mover into the Wynwood and the
Overtown areas. It was quite an immense amount of improvements that we've looked at.
Graphically I just wanted to display some of them. They're much more in the Brickell area and
the two other sub -areas. I'm going to show on the graph, so I'm just going to highlight some of
them. Including the Brickell area, implementing the traffic -calming alternative in the residential
areas, potentially extending metro -mover, looking at extending the Brickell shuttle to the
residential areas, converting Southwest 8th Street, the tunnel under the Miami River to help with
the bridge openings and so forth, and the CBD the conversion of the one-way streets to two-way
streets eliminating the I-95 distributor ramps including the Grand Boulevard into downtown.
The port tunnel project that you all have heard quite a bit about, even looking at possibly
knocking down I-95 for a section creating a Grand Boulevard in tunneling those through trips on
I-95 through this area, much like the cross section of I-395 alternative that we're looking at in the
North section. In the Omni Overtown Parkwest area, connecting transit to the other neighbors to
Allapattah to Buena Vista and those areas; potentially extending metro -mover; looking at
improvements on 14th Street; the bay walk improvements and so forth. That's just a quick
summary, and there's a much longer list of improvements that we've been looking at in this
process. We'll spend the next few minutes talking a lot about transportation and land -use cause
they go hand and hand. Development is not going to occur without a good solid transportation
system, and transportation systems don't really serve any economic purpose without
development. As Frank mentioned, we looked at a couple different growth scenarios with help
from the City and I'm going to try and explain these briefly. They're all through the year 2020.
The 2020 baseline looks at the county's projections, which is fairly conservative for growth in
the downtown area. Well, because transportation and land -use go hand in hand, we wanted to
look at more visionary type scenarios, so with the City of Miami Planning Department help they
worked on looking at more enhanced visions. What if we increased the density even more than
the county's projected for the CBD and then the visionary what the City of Miami Planning
Department looked at is the development that's occurred in the last five years, which has been
pretty great for downtown Miami. If they could sustain those levels of growth for the next 20
years, what would we need from our transportation system? Well, just to give you some
numbers, the 2020 baseline, we look at an employment growth of about 18,000 more employees
downtown and our enhanced scenario we said what if we almost double it go to 30,000 more
employees. In our visionary what if we just about triple it at 48,000 more employees in
downtown. We did the same thing with the residential components. The City -- the county's
numbers look at maybe 15,000 more dwelling units in the downtown area, and then we looked at
better growth than that. What if there were 23,000 more DU's (dwelling units) or almost 34,000
more dwelling units in 2020, so in our visionary scenario we're looking at 34,000 more dwelling
units and potentially almost 50,000 more employees. What are we going to need from our
transportation system? What does that mean to the City? The City of Miami Planning
Department also put together some numbers on the annual tax yield from getting dwelling units
53 September 26, 2002
in downtown. They basically came up with if we get the 15,000 dwelling units in 2002 dollars,
it's almost 15,000,000, more dollars in annual tax yield and that visionary scenario is over
$30,000,000 potentially very significant for the City of Miami. Frank had mentioned a couple of
transportation models we used. We start with the big county model which has a lot of social
economic data in it and it tells us how many people based on the land -use need to get in and out
of downtown Miami via auto, via transit and so forth. We use that for large-scale travel patterns.
It really helped when we started to change the growth scenarios in that enhanced and visionary
scenario. Then we used a new micro model called peramix. It's the largest peramix model in the
world that's been created. Dr. Scott Leftwoch whose was introduced earlier who's on the team
has been the torch carrier for this process. It's an unbelievable tool that the City is going to be
able to continue to use in the future as the look at their downtown transportation system. It's
more detailed travel patterns. We've got metro -rail and all the roadways, the signals. We've
even been able to simulate the bridge openings at the Miami River. Well, what are we using this
for? Well, basically the transportation improvements that we talked about earlier we put those in
place. We were able to put the tunnel in from the Miami River for example; or changed the one-
way streets to two-way. We evaluate how those improvements affect the transportation systems
and if those improvements are going to be helpful in relieving some of the congestion but even
more importantly, we start to figure out what our non -automobile travel needs are going to be in
the CBD, because quite frankly in downtown Miami we're not widening roads. There's not a lot
of capacity improvements we can do. Plus a lot of the public and others want to have more of a
pedestrian friendly environment. Well, that flies in the face of higher capacity for automobiles.
So it's really going to put us in the mode where we're going to become a much more transit
dependant City. We're going to be like London, if we're going to get those visionary growth
scenarios; like a Chicago, like a New York where people aren't really in their autos they're using
other modes of transportation. I mentioned the peramix model. I'm going to show you a couple
screen captures. It's got great graphic capabilities. Actually, when it's running, these vehicles are
moving; but this is Biscayne Boulevard looking North at 4th Boulevard. We modeled trucks.
The purple line on the left there that you see is the actual metro -mover. We've got trucks and
buses and cars and so forth in this model, and this is the Brickell area looking at the Miami River
that's what you see across the middle of your screen there in purple, and this is to show you the
simulation for when the bridge is opening. You can see the vehicles started to queue both North
and South of the bridge so this is a pretty powerful tool and we can get some good conclusions
from this. What do the issues become? Well, it becomes we need to balance our transportation
system if we want to get those enhanced in visionary growth scenarios to help the economy of
the City of Miami. We've got issues pedestrian versus vehicle. We've got transit issues and so
forth. No doubt we need to improve out pedestrian environment, if we want to make downtown
Miami a place where people are going to be 24/7 and what to live downtown; it's got to be more
pedestrian friendly and no doubt we've have to enhance our transit service; and I'm going to
spend the last couple minutes talking about that. With the different growth scenarios, we're
going to be very dependent, as I mentioned, on metro -rail, metro -mover and circulators and
buses. In 2020 we're looking at headways of metro -rail of about fifteen minutes during the peak
hours. Headway now is about fifteen minutes. So what we're talking about is metro -rail buses
that are going to be much more crowded, standing -room -only type buses. For enhanced growth
scenarios, we're looking at ten minutes and that visionary we're talking about 34,000 more DU's
almost 50,000 more employees we're talking five minute headways in the peak period with very
crowded metro -rail buses "a la" London, New York, Chicago if we're going to sustain that kind
54 September 26, 2002
of growth in downtown. Our metro -mover service, we're looking at one and a half minutes but
in the enhanced in visionary it's going to have to be every minute to handle the capacity that we
need through the downtown area. When metro -mover leaves the station you going to almost be
able to look down the track and see the next one coming. Buses and circulators in the baseline
scenario we're looking fifteen to thirty minute headways and our visionary we're talking five-
minute headway to be able to handle the transit need if we get those growth scenarios. So you
see what I'm getting at. We're going to have a very transit dependent transportation master plan
when we get to the end of it; and in summary, what we're looking at in 2020 with the baseline
during the peak hours is 25 percent of our trips coming in and out of the downtown area going to
be via transit because we don't have the roadways system to handle all of the volumes. We're
looking at one in three in that enhanced scenario, and really almost 50 percent of our trips
coming in and out during the peak hours we're going to need to be on transit if we're going to
have that very dense land -uses in downtown. Economic development is critical to the success of
downtown Miami. No doubt about that, and if the City's going to achieve this visionary type
growth, the transportation system must improve; and it takes a lot of money to do that there's no
doubt about that. The City of Miami is going to have to partner with Miami -Dade County, the
state and really the federal government to get some of these major transportation improvements
in place; and with that, I'm going to pass it to Commissioner Winton.
Vice Chairman Winton: First of all, I'd like to ask if any of my colleagues have questions of the
consultants and then I would like to make a couple of rapid comments. No? Downtown --
Chairman Regalado: I have a question.
Vice Chairman Winton: Yes sir, go ahead with your question then I'll --
Chairman Regalado: On the Brickell Bridge, who decides when and how we close and we open
the bridge?
Mr. Plummer: Clark's got a lot of detail on that, but it's basically the Coast Guard and the FDOT
(Florida Department of Transportation) that are ones in control of the Brickell Bridge.
Mr. Gimenez: We have very little control, we have no control over it.
Chairman Regalado: No, I know that, but I'm asking who, my understanding that it was the Coast
Guard, but not FDOT.
Mr. Baron: Commissioner, it is the Coast Guard. The Miami River is a navigable waterway.
Coast Guard has reserved the right to control that, as it does for all navigable waterways. What
we have is during the peak periods, we have the bridge locked down for surface traffic and off
peak periods when the Coast Guard says let the River traffic go. Part of the problem is that
unlike the highway, where a peak can come and go and it's about the same time, tides play an
important role as does the water depth, so you got a freighter coming out and it's high tide and
peak period now you've interrupted an economic cycle of getting something in and out. The
Coast Guard is, I won't say covetous, but protective of their rights to help the economic engine
of the port of the river of Miami, which David Miller is here and he would back me up on this. I
55 September 26, 2002
believe it's the fourth largest port in the State at this point, so if you look around, you've got
Miami you've got Jacksonville, you've got Port Canaveral, Tampa, Miami River is number four
on that list.
Chairman Regalado: I understand that, but my point was that for instance, my daughter works in
Brickell and 7th, and it's a law firm --
Vice Chairman Winton: And your son works at 2"d and 2"d, which has the same problem as
Brickell.
Chairman Regalado: Exactly, and I go sometimes I take her and take my son so I'm always
every -- about three or four times a week I am in downtown trying to cross the Brickell bridge. I
don't think that it's fair to the City of Miami that you get the traffic stopped because a little
fishing vessel with a mast --
Mr. Baron: Outrageous.
Chairman Regalado: -- tower, which is higher than the bridge, takes their time. I really do
believe where there are instances where you have this container ships and all of that that they
need to go through because they have an economic injury, but I don't know how we can get the
Coast Guard to understand that at 4 o'clock when I want to -- or 5 o'clock when I want to pick
up my daughter, I have to get off the expressway and wait for 15 minutes because this little
dinghy has to cross, so I don't know if the Coast Guard is willing to listen to you guys or the City
with a plan.
Vice Chairman Winton: Mr. Chairman, there's a complex answer to the question and part of the
answer is the Coast Guard is willing to listen and they feel strongly that we need to do some
more stuff on landside that we're not managing with the flip and there's some dialog about that.
There's got to be a greater focus on that in the not to distant future, and I was just looking at my
watch. I would like to finish the transportation discussion while you're still here, because this is a
big deal, and this presentation segues into the next piece, and so, if you don't mind, I'd like to
kind of set that aside and we'll focus on the bigger picture here. The consultants made the point
here. Downtown Miami is not just the current view of a District 2 Commissioner, or this entire
Commission of the City of Miami. Downtown Miami is an asset of the City of Miami and of
Miami -Dade County and it's one of the biggest assets in the entire state. It is the hub and the
focal point when people are talking about Florida all the time, it's Miami, and we have to begin
to look at downtown Miami as certainly a countywide and regional asset, and I fully intend to
strongly engage the county in partnering with the City of Miami in putting real money into
downtown Miami to help us clean up a major asset that represents all of us, and if you think
about downtown for a minute -- Brickell is a little different, at least on Brickell there's a few
voters. There's no voters in the core of downtown. There's no voters in Parkwest. There's not
many voters even in the Omni area, so the fact that I happen to represent it, so what there's no
voters there. This is a regional asset that needs to be focused on as a regional asset, that generate
one heck of lot of money that goes into a lot of different directions and it is the image in the view
of it -- is Miami, so that said, we have an opportunity I think to begin to catapult to push
downtown into one of the true 24 hour cities in the world, but as Tim Plummer said, that simply
56 September 26, 2002
won't happen. You guys have all been downtown. The damn bridge goes up and the whole place
is paralyzed, the whole downtown area is paralyzed, one bridge goes up. If we're going to reach
our true destiny, and I don't think our destiny is to dream any longer. There's a huge focus on all
of our City, including the greater downtown area, by people from all over the world, and we have
a real opportunity in front of us, but we can't make that opportunity work without solving our
transportation problem downtown and it will not be solved with cars; and that's what this plan is
saying. That segues into an issue that's crucial to the City of Miami's long-term future as far as
I'm concerned, and that's the half penny sales tax that's being promoted by the county; and I
asked Clark Turner if he would come prepared to talk about a couple of things as it relates to the
half penny sales tax. I wanted to know -- and he's been our contact person with county people
and our official representative on this master plan and I wanted to understand what commitment
the county was making through this half penny sales tax to help us fund the needs that we will
have associated with this master transportation plan, and what role does the City of Miami will
have and what benefits the City of Miami will gain if we help support the half penny sales tax,
and so I asked him to come prepared to talk about that and which he is and I will turn the
microphone over to Clark Turner.
Clark Turner: Thank you, Commissioner, members of the City Commission --
Vice Chairman Winton: And Clark I'd also like to be as brief and quick as we can because I
want to have some other dialog before Commissioner Regalado leaves.
Mr. Turner: My name is Clark Turner, City of Miami transportation planning. The proposed
half -cent transit surtax is calculated to provide the local share of the cost of essential and
transportation improvements in the entire metropolitan area. The projects that are to be funded
are to listed in a document called the People's Transportation Plan, which was adopted along
with the ordinance that sets up the mechanism for spending the monies, making sure that they're
properly spend and regulated, and that ordinance was passed by the county Commissioners. It
becomes effective if and when the tax issue passes. If the tax issue doesn't pass, then nothing
happens. The People's Transportation Plan was hammered out by one of the most intensive
public involvement efforts that we've seen here in recent memory. Last spring, dozens and
dozens of community meetings and several transportation summits were the ground work that
went in to making the list of things that the citizenry felt was necessary to include in a plan; also
including in the plan, are the major transportation issues that have been waiting funding in this
area, most particularly the East-West metro -rail line from the West to downtown in the port,
which has been fully approved and yet has been waiting for a local source of funding. There's a
long list of other improvements which essentially complete the Metro -rail system as it was
originally planned with a North line, a Northeast line, the West of Kendall line, the East-West
line extension to Homestead, Florida City and a number of others. These projects also include
funding for the Miami Beach light rail system and for the northeast corridor proposed light rail
system. All of these are things that will be funded from the proceeds from the tax. Tax would
yield about $164,000,000 the first full year that's it in effect --
Vice Chairman Winton: Clark, before you move on, I would like to have a clear understanding
of this question. This is a master transportation plan that was developed in partnership with the
state of Florida, Miami -Dade County through the Metropolitan Planning Organization, the City
57 September 26, 2002
of Miami; so this isn't the City of Miami master plan. This is a master plan created by everybody
involved in transportation from the state on down. My question is, is the county prepared to
adopt in principle the master plan that all the parties have worked on? I already know that they
are supporting the East-West corridor and all that other stuff, that many of those parks are part of
this master plan, but this master plan isn't the same as the county had on their horizon forever,
and -- because it's a brand new plan, so they haven't even had time to address it. What I'm trying
to understand is whether -- and I also understand that you can't say yes, absolutely because it
hasn't gone before the MPO (Metropolitan Planning Organization) and everybody for adoption
yet, but I'm trying to understand if it's a real commitment on the part of -- the same folks that sit
in those spots that are sitting on this committee helped promote the backing and support of this
kind of transportation master plan.
Commissioner Gonzalez: On the East West corridor, I understand -- I have heard, but I haven't
been contacted about it. There hasn't been any public hearings, even though public hearings are
called for -- everything that goes through 23rd Street and Allapattah, right?
Mr. Turner: Yes. The east/west corridor, as it stands now, includes a line from the Palmetto
Expressway to the Miami Intermodal Center, which is just East of Miami International Airport.
From that point, there's a planned line from there to downtown and to the port of Miami --
Commissioner Gonzalez: I know where connects from, where to and all that. My question was
very simple it goes through 23rd Street or 24th Street in Allapattah, is that correct? West to east.
Mr. Plummer: North 23rd
Mr. Turner: No, from the Miami Intermodal Center, it goes to 27th Avenue, then goes south
across 836 to the south side of the river, then it goes along approximately a corridor near north
7th Street where it was then planned to go underground in a tunnel to downtown Miami.
Commissioner Gonzalez: Well, that was a proposal, but it was -- that proposal was turned down
by the residents of West Little Havana and it was the battle was initiated by CAMACOL.
Mr. Turner: (INAUDIBLE) There is an East-West plan, which has received a record of decision
from the federal government and is ready to be implemented when the local source of funds are
available. That East—West plan is roughly as I described it, although that does not mean that it
can't be changed, and it is always open for revision until the final plan is actually nailed down
and the funding is fully in place and the construction begins.
Commissioner Gonzalez: OK, what I would like to do is to please to ask you as soon as possible
you can provide my office with whatever data you have in reference to that, because the last
meeting that I attended in respect to this corridor it was running from West to East on 23rd Street,
up to I-95 down I-95 to the port and that included the (UNINTELLIGIBLE) of about tenth
Avenues that was going to create, that was going to be a big negative impact on a lot of
businesses that were going to have to shut down their doors, because it would be no way for their
providers or their trucks to come in and out of the area so we appreciate if you could please
provide me with some data and in that respect.
58 September 26, 2002
Mr. Turner: I will be happy to.
Commissioner Gonzalez: Thank you.
Commissioner Sanchez: Could you just provide all of the offices with that?
Mr. Turner: Absolutely.
Chairman Regalado: I remember that the corridor to Northwest 7th Street was avoided
completely.
Vice Chairman Winton: Could I interrupt, Mr. Chairman. I don't think our debate ought to be
focused on the East West corridor, because that's kind of like a bridge -- it's a component that we
at some point need to debate, and it's absolutely perfect for us to debate, but what I would like to
do while your still here is focus on the global issue here, because that's the key here. None of
those things are going to happen if we don't do something, and we won't have to talk about any
of them.
Chairman Regalado: Johnny, I want to leave. Maybe my information is wrong. I have to leave
now. Maybe the information I have is wrong. I hope that Clark could provide this board with
more detailed information, but my information is that the City of Miami would probably
generate like $165,000,000 in that tax, right, more or less.
Mr. Turner: No, that's the expected yield from the entire county.
Chairman Regalado: The City will generate probably what the county figured was the about 30
percent of that tax will be generated by the City of Miami, because of the commercial activity in
downtown and other areas that is the projection. Of that, the municipalities will get 20 percent of
the 160 and the City of Miami will get third of the municipalities which we will be about
$10,000,000 more or less. That's their plan.
Mr. Turner: Yes, that's correct, Commissioner. The City of Miami would receive -- 20 percent
of the total proceeds of the tax issue would be reserved for the municipalities. That would be
approximately $32,000,000 the first year. Of that amount, the City of Miami would be the
recipient of about $10.6 million the first year. Now, there's an important point to hear in mind
here. That 10.6 million that the city would receive is not specifically allocated to any
transportation project; 20 percent of it would have to be spent -- about $2.12 million would have
to be spent by the City on transit improvements things that would facilitate bus movements,
neighborhood circulators, pull-out bays, et cetera. The remaining 80 percent or about eight and a
half million would be available for the City to use as it saw fit, as supplementary transportation
funds. It can't be used to replace transportation funds that we are currently are spending, but it
can be used for supplemental projects. That can be leveraged; it can be bonded; it can be used in
many different ways; but that --
Commissioner Teele: You said 8,000,000, right?
59 September 26, 2002
Mr. Turner: The first year 10.6 million would come to the City of which 2.12 million would
have to be spent on transit improvements in the City, such as neighborhood circulators. The other
8.48 million would be available for any other transportation purpose the City wish to put it to,
and that should be noted that is apart from the improvements in the People's Transportation Plan
that would be funded by the taxes raised countywide, and those are quite significant
improvements. Let me mention a few of them, because I think we need to recognize that while
the downtown transportation master plan improvements, all of them are not in this plan, there are
improvements that we knew before we complete the plan are going to have to be in this and have
been in the counties transportation plan for a long time.
Commissioner Teele: Before you do, I think once you start listing projects, you're back into that
same debate. You don't want to talk about the global issue. You want to talk about
(UNINTELLIGIBLE).
Mr. Turner: OK. The important point is that there is a document called the People's
Transportation Plan that spells out all of these out and it has been adopted by ordinance by the
County Commission and is the plan for which the money can be spent. Moreover --
Commissioner Teele: I'm going to vote for a (UNINTELLIGIBLE) transit plan submitted by the
county first but I want to caution my colleagues, Commissioner Winton, that's something that I
learned in the few years I've been sitting here. It is very dangerous to submit
(UNINTELLIGIBLE) of a Commission if you don't know you've got three votes, because a no
vote means it was defeated by the City Commission. In other words, if the discussion is to
endorse the county proposal, these issues are generally, in my opinion, better served with
everybody being free to do what they want to do, because if you submit something for a vote and
it's defeated here, then the City has defeated dah, dah, dah, dah. I mean, we're all free to do what
we want to do. I don't know where you want to go with this, but I want to say in the record, I
personally am going to vote for the transit tax. I cannot campaign for the transit tax. This transit
tax issue is a part of a bigger mosaic that we have talked about for the four years that I've been
here -- going on five in November. Until we get a deal with the county on the global issues, we
continue to just do this and give (UNINTELLIGIBLE) and this, we've been screwed on the bed
tax as it relates to all of the formulas, but what Tomas is trying to point our here is that this
formula and I think the formula -- that they've adopted is a reasonable formula, other than the
fact that I think the formula on the Convention and Business Bureau is a horrible formula, but it's
all cumulative. The county is in a lawsuit with us now trying to take the land around the Metro -
rail so that some developers that are politically connected can snatch the land for one dollar from
the county and do what they've done. They've turned joint development in this county into the
biggest political smorgasbord. Everybody's who's got a lobbyist or a politician that's got a joint
development deal. Are we going to sit here and let Bruno and whomever else it is, the guy that's
in your constituency, who's proposing to take the City land for a dollar, and then go to the
county and get $90,000,000 to build a county transportation facility and get 15 percent of that as
developers fees for the $90,000,000 of the federal money? Are we going to sit here and let that
happen in the City of Miami and downtown Parkwest, Overtown? I can't support that, that's
what I've been trying to negotiate with Alex and that was behind the scenes --
60 September 26, 2002
Chairman Regalado: Commissioner, I'm sorry I got to leave. I'm sorry, but you know, in cases
like this, I would follow Commissioner Teele's advice not to put it to a vote and let the
individual Commissioners, because the way I think probably I will --
Commissioner Teele: You've already been on the radio with that.
Chairman Regalado: I will oppose that tax. I will oppose that tax. It's basically because again the
City is not treated fair by the county. It's so simple, so might as well -- I'd rather leave.
Vice Chairman Winton: Commissioner Regalado is leaving and Commissioners, I think there
may be some thought that we may need to continue this discussion after the lunch break, but let
me respond to one thing that you said, Commissioner Teele, or a couple of things a couple of
points. I don't disagree at all; I'm as frustrated with you over all these issues with the county;
we're all very frustrated and it's wrong that we cant seem to get the right players to the table to
resolve these issues because as I said right from the beginning the county makes a ton of money
off of the success of the City of Miami, and why they continue to try to penalize the City of
Miami on all of these issues; I don't yet get; so it's very frustrating. However, this issue may be
more important to us than it is to the county, because we get more people that have jobs that
flood into the City of Miami every day than any other municipality in this county and we're
loosing ground. We're losing ground. I don't care what all of these investors are doing in terms
of paying record prices for these office buildings, but I will tell you that part of us gets very
excited because we see the taxes going up, I get depressed because I see a disaster coming --
fundamental because in order to get a great return on an investment. They have to raise the rents.
They have to raise the rents dramatically to get a return on the investment that they're paying,
and all of these office tenants have alternatives, and how many times have you picked up any of
the journals in the last year to year and a half and read where there was a business moving from
Blue Lagoon or Coral Gables or West Dade into downtown Miami? None. But how many times
do you pick up the paper and read that a business is moving out of downtown Miami or off of
Brickell a bank, a law firm, an accounting firm, a PR (Public Relations) firm, whatever the
business may be, and moving out of downtown and off of Brickell to Coral Gables, to Blue
Lagoon to those areas where infrastructure seems to be working. Their streets look good, their
sidewalks look good, they're doing things about transit. Coral Gables is setting up and already
has the funding for a circulator system in downtown Coral Gables. People are way ahead of us.
So while I share, as you know, I share your frustration equally with these issues with the county,
I see this differently because we have an awful lot to lose I think more than anybody else out
there to lose if this transit tax doesn't pass, and maybe it doesn't pass this year, but the longer we
wait, the less opportunities we have to address these crucial issues that have to get addressed or
those graphs that show what can happen with this City of Miami are frankly going to go in
reverse, and in spite of all the cranes we see and the excitement we see, there is a looming crisis
relative to the office market which is the real foundation in that whole downtown area and it will
take 20 years for all the residential development that we're trying to bring in there to have the
appropriate impact or 10 to 15 years to stand that kind of flow and by then the damage could be
so great that it takes another 20 years after that so this is a big deal for us as far as I'm concerned,
and while I agree with you it's always smarter to have the votes counted, I've never been, since
I've been here, I've never been smart enough to figure that out and the only thing that I know
61 September 26, 2002
how to do is bring the issues before all of you. I know that every time I come here I always walk
in this room knowing that I can trust a fair debate and a listening group -- nobody's ever not
listen to me. I've lost some; I've won some, but everybody always listens, and I can't ask for any
more than that, and so even if I lose, I'd rater lose having had the opportunity to try and do it
than to kind of just pretend that I didn't hit it hard, so I wouldn't want to call for a vote now but I
would like to resume this debate, hear some of you all's points after the lunch break with
Commissioner Regalado here and then make a decision.
Commissioner Teele: Mr. Vice Chairman, I would respectfully urge that we resume this, but we
set the vote for the October -- what's the day I'm going to be out of town? October 24th
Commission meeting. Let me tell you why. I think you do us a disservice, I think you do the
City a disservice. If we don't turn to the professional management and instruct them to go over
there and try to get some movement on some of these issues, and Johnny, I don't have an issue,
but I do have an issue that there's no movement on anything.
Vice Chairman Winton: I agree with you.
Commissioner Teele: We have the payment in lieu of taxes for the housing. They owe us over
a million dollars a year for that annual reoccurring. We're paying for that to say nothing about
the fire fee our own study show that the public housing which is a component of the county,
which they get reimbursed for their cost, so if they paid us an amount of money, they would get
reimbursed by the federal government. The public housing generates more calls for emergency
services disproportionally [sic] than any other single activity in this City, but yet, we're asking
all of the homeowners, all of these business owners to pay the fire fee. If the county would just
agree to pay the fire fee and to agree to live up to their commitment in the payment in lieu of
taxes; we've got the water and sewer issue. We've got the open litigation about property. We
have nothing from them and yet they always put their issue on the table and we say OK, and
maybe you get three votes, maybe you don't. I don't know. Maybe you only need two votes that
day; but the fact of the matter, there's another (UNINTELLIGIBLE). Maybe you can bring the
vote at 11:45 so he's not here. Maybe I'm out of town, but the point is this, Johnny, I think we
owe it to the City and the institution and we owe it to the Manager; we had list after list,
resolution after resolution. We owe it to ourselves before -- because the whole picture isn't
being told I don't want to put this thing totally in a negative; I'm trying to be positive. How
much money did we get when we had the five -cent gas tax? How much money did the City get
$3,000,000 a year? Aren't you the expert on this? How much money did the City get, budget
director, when we had the five -cent gas tax, and then that became a political debacle and they
rescinded that, but you see we're going along way around to get a few dollars is what I'm saying.
That was three or four million dollars to the City just with five -cent gas tax, which is much less
painless with all the trucks and all that. So, Johnny, I am going to vote for the tax. I did not vote
for the last one. I voted no. I'm going to vote in November for this tax, but as a City
Commissioner, I cannot endorse that tax at this point unless I know for a fact that we are trying
to do our best share to reduce the overall burden to the City form the expenses that the county is
putting on us. The county voted to do the litigation for that land.
Vice Chairman Winton: Can I respond? I want to make something clear here also. The reason
that I'm continuing to talk is this is the only time we have to talk, so I'm not trying to talk you
62 September 26, 2002
into something else, I'm really trying to get all the issues out there, so that I can I'm thinking
about this whole thing too. The reason, however, when I came in here wanted to get a vote, is
because I think that like we passed our bond issue and all the we passed five or six referendum
questions in November of last year because we had a good package, a good message and a good
sales pitch and we went out there; staff in particular worked on making this happen, and I think
that to our benefit, as it relates to this tax, that there some resources that the City of Miami can
put into selling this tax if we wanted to do that, which is the reason why I brought it up. That's
where I was going with this and it was just so you know.
Commissioner Teele: Hey, Johnny, absent the Manager at least come back with some
concessions on some of these outstanding issues, I'm telling you, I'll vote for a City resolution
without resources to endorse the tax. Having said I'm going to vote for it, but I don't think it's in
the City's best interest to continue to just (UNINTELLIGIBLE) ourselves down and not get any
type of financial remuneration or concessions so we're putting the burden on the taxpayers. I
didn't talk about water and sewer and the administrative costs on that in upward of $48 million,
which we should be getting 30 percent of that.
Vice Chairman Winton: It simply is impossible for me to argue those points that you're making,
and I --
Commissioner Sanchez: They're valid points.
Vice Chairman Winton: Extremely valid points.
Commissioner Teele: They're points we've been talking about for at least the four years that I've
been here, we been talking about the same points. We've not gotten one movement on one issue
from the county since I been here.
Vice Chairman Winton: I would add though also that I talked to Commissioner Morales last
week at a DDA (Downtown Development Authority) board meeting following our Commission
meeting and he wants to sit down with me -- we've got a meeting scheduled already, and that
whole laundry list of issues is going before him to talk about those very issues and how they
relate to the City of Miami. What comes out of that I don't know but there's somebody willing
to -- that sets policy -- willing to sit down and begin to talk about these issues.
Commissioner Teele: Would you allow, as Chairman, a motion from me to instruct the City
Manager to meet with the county as a request respectfully of the Mayor's office and your office
engage in those meetings and discussion and report back in the next meeting and schedule, not to
cut off the discussion --
Vice Chairman Winton: Yes, I would accept that motion.
Commissioner Teele: I would so move, Mr. Chairman.
Commissioner Sanchez: Second.
63 September 26, 2002
Commissioner Gonzalez: Second.
Vice Chairman Winton: We have a motion and a second any more discussion on that motion?
Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed. Motion carries.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-1062
A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH THE
COUNTY AND REPORT BACK AT THE NEXT MEETING AS TO THE
PROPOSED USE OF THE TRANSIT TAX BY THE COUNTY.
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
16. (A) ACCEPT PLAT ENTITLED MACHADO ESTATES.
(b) BRIEF COMMENTS ON GAS TAX (See #15).
Vice Chairman Winton: I guess it's past noon now. If you all don't mind, maybe we'll all take
another 10 or 15 minutes. Probably all it's going to take after the break with Commissioner
Regalado here to make some sort of decision one way or another and I'm open to you all's
thoughts and with that, you want to cover any agenda items, or should we break for lunch?
Commissioner Sanchez: They're not controversial. Where are we at number 5? So move
number 5.
Commissioner Teele: Second.
Commissioner Sanchez: It's a public hearing.
Vice Chairman Winton: We have a motion and a second on number 5. This is a public hearing.
64 September 26, 2002
Commissioner Sanchez: Could you, Mr. Plummer, could you provide me with a disk, please?
Thank you.
Commissioner Teele: Call a question.
Vice Chairman Winton: Oh, I'm sorry. This is a public hearing. Does anybody, anyone from the
public like to speak on item number 5? Being none, I'd like to close the public hearing. I have
one question and that is the planning department review this plat and are these appropriate lot
sizes in terms of what the City wants for lot sizes for single-family homes?
Commissioner Sanchez: It wouldn't be here if they didn't approve.
Commissioner Gonzalez: Yeah.
John Jackson: John Jackson, director of Public Works. The Planning Department did not review
this. They are part of the Plat and Street Committee that reviews the plat, but I'm not sure that at
this stage that the lot sizes.
Vice Chairman Winton: Well -- but they are part of the committee that approves the plat? Is
that what you just said?
Anna Gelabert: There's a staff person assigned to the Plat and Street. What I can do is I can
after the lunch break get back to you and find out about the size of the lots, but I don't have that
information right now.
Vice Chairman Winton: Well, it seems to me if we're going to approve a plat and the lot sizes
don't conform to what is acceptable within the City in terms of lot sizes --
Ms. Gelabert: Well, I would have John answer, but when a plat is -- they have to meet the
zoning regulations for the size of lots. A plat couldn't be approved if the lot doesn't make sense.
Vice Chairman Winton: OK, fine. You answered my question. Do we have any other further
issues on this or any other dialog on this? Being none, this is a resolution.
Commissioner Teele: Mr. Jackson, I'm still waiting on that number anytime after lunch. The
amount of money that public works received from the 5 -cent gas tax before it got rescinded.
Mr. Jackson: The gas tax $6,000,000
Commissioner Teele: Before it was rescinded?
Carlos A. Gimenez (City Manager): We still got $6,000,000. He's asking about something else,
John.
65 September 26, 2002
Commissioner Teele: The County had a 5 -cent gas tax, which became the political issue in `96
and most of the money went to the cities. How much was that money?
Mr. Gimenez: I think that was about $2,000,000 a year.
Vice Chairman Winton: OK, we have a motion and a second. No further discussion. All in
favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1063
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
PLAT ENTITLED MACHADO ESTATES, A SUBDIVISION IN THE CITY
OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND
STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN
ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
17. TABLED: PROPOSED AMENDMENT TO RESOLUTION NO. 02-979, RELATING TO
ALLOCATION OF $1,928,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM FUNDS AND $960,000 OF PROGRAM INCOME IN
CATEGORY OF PUBLIC SERVICES. (See #48)
Commissioner Teele: Move item 6.
Commissioner Gonzalez: Second.
66 September 26, 2002
Commissioner Teele: Public hearing.
Grady Muhammad: Good morning, Mr. Vice Chairman, Commissioners.
Vice Chairman Winton: Don't we need an explanation from the staff first, and then go on to the
public hearing?
Dan Fernandes: Dan Fernandes, Community Development. At the last Commission meeting, the
Commission directed the administration to come back to maximizing the use of Community
Development Block Grant funds for public services. Basically what we've done is we've taken
the full program income, as well as the cities regular entitlement and taking 15 percent of that
allocation to direct it to public services, which is the maximum amount available through federal
regulation. What we've done in our recommendation --
Commissioner Teele: Where was that done? I don't see that item. Where did you do that, what
you just said?
Mr. Fernandes: The $231,000 that was identified in the legislation that you have before you is
the additional funds that are available through the public services cap. The Commission had
taken action previously to allocate through the public hearing process 15 percent of what we
have estimated to be program income at the time of the public hearings, which was about $6.5
million. In actuality, the program income for the year is $7.9 million dollars, which increases,
our available pot by about $231,000; so what we've done in this particular legislation, we've
allocated, we recommended an allocation of $231,000 to those agencies that were impacted most
through the reduction of funds as a result of a loss of the 25 percent to 15 percent public service
cap.
Vice Chairman Winton: Well, Commissioners, I'm -- I assume that, Dan, the first or the second
page, so that adds up to the 231. District 2, I'm not talking about any increases, but District 2
when we did the reallocation, District 2 had a reduction from last year of something in the
neighborhood of $250,000 something like that, and Joe Sanchez' district had a some reduction. I
don't think that Commissioner Gonzalez' district has any real reduction. Commissioner
Regalado didn't I think Commissioner Teele's, because that's where the poverty was, had an
increase, and what staff has done here is kind of the back to the one shoe fits all. District 2, is
going to recover the $250,000 decrease we're going to recover $102,000, but the found money
just kind of distributed everywhere. Now I agree that's it's distributed differently everywhere,
but it doesn't come close to getting the agencies that we had to cut in district 2, and these aren't
agencies that are hanging out downtown. These are agencies that are in the West Grove and in
Wynwood and in Little Haiti, and so recovered $102,000 of the 250 or recovered 102,000 of the
231 that we're taking about, and I didn't think that that was the directive that we set to staff at
all.
Commissioner Sanchez: Mr. Vice Chairman, it may not have been a directive, but I think the
purpose here was to try to bring up to par some of the agencies that were providing social
services that were cut. There was a cut throughout all social services. My district suffered, your
district suffered. Your district suffered the most and in the process itself now we are able to get a
67 September 26, 2002
little bit more money than -- we're able to subsidize into a point where in other words didn't take
such a hard hit.
Vice Chairman Winton: Well, that may be in your district, but it certainly is not the case in
mine. Mine are taking a big hit.
Commissioner Sanchez: You were short $207,000 and got $102,000 back.
Vice Chairman Winton: If you look at -- yeah, and you were shorted how much? No, no this is -
- what was the total reduction in District 2, Dan?
Mr. Fernandes: I don't have the total reduction in front of me, Commissioner.
Vice Chairman Winton: And by the way, if they can clarify this point and I can understand it
better I'm going to be happy as a (UNINTELLIGIBLE). Yes, sir.
Commissioner Teele: I totally don't understand and I'm still trying to see the notice for this. Just
show me the notice provisions on this.
Mr. Fernandes: The ad went out and was published last week, Commissioner. What I have my
copy, I have a copy of the draft of it, not as it actually appeared.
Commissioner Teele: I continue to ask for respectfully that the ads that appear in the public be
made a part of the record that we see, because that's the whole issue of what is going on for so
many years is that nobody knew what was going on but the person who was signing the
documents at the top, and therefore it was very difficult to get some transparency. I am totally
confused on this item and I would respectfully ask, I have no objections to the grant going to the
individual agency, but where I'm trying to find, where is the documentation on the structure that
we're dealing with now?
Vice Chairman Winton: I think somebody, Commissioner Teele, I think that the City Attorney is
going to provide that to you. I would recommend that because Commissioner Sanchez maybe
I'm wrong and I hope I am so what I would like staff to do and I'd like to bring this back after
lunch. I would like you to pull out the analysis that you did before the last CDBG hearings where
you identified what districts in this reallocation of funding process that we all voted on a year
ago that you all brought to us at the 11th hour and said, "well, geez, here's the impacts I did to
your district, so we couldn't do anything about it." I would like math that you did that we all
looked at brought back before the Commission after lunch so that we can see how what the
impact of that reallocation was, and how that compares to this new allocation, and I may stand
corrected, and I'll be thrilled.
Commissioner Teele: I need to see the aggregate -- that's, you see, what we got to be careful
about is the unintended consequences because whatever we're doing this can be a one year deal,
but the aggregate has got to bear some relationship to where we plan to be next year. Otherwise,
we getting ready to really create a problem, so the aggregate of this has got to pass at least the
common sense approach as it relates to what the allocations are and where your districts are;
68 September 26, 2002
otherwise we getting ready to really create a mess. I don't see these numbers aggregated
anywhere that's what I can't understand and that's what I'm saying. The notice should include
the aggregate, in my judgment.
Vice Chairman Winton: You're right, so Dan, can you bring that back to us after lunch, please?
Mr. Fernandes: Commissioners, if you look at the -- there is an attachment to your document,
which gives you an overview of the entire process; what happened through the first public
hearing process, as well as what the additional funding recommendations --
Commissioner Teele: Show me the page where the numbers are aggregated.
Mr. Fernandez: On the sheet that shows it's a chart on the last column; it should be the last page
of your documentation, Commissioner. And the resolution itself does have an aggregate with all
the final funding actually is, the proposed resolution.
Vice Chairman Winton: So I think we can all look this over during lunch and, Dan, if you need
to prepare some additional stuff, prepare it, please, after the lunch break; and we'll continue this
discussion after the break, and it's 12:15. I unfortunately -- can you come back? What time
would you all like to come back? I have three meetings that I have scheduled during my lunch
break, 3 o'clock it is; so we'll recess and come back at 3 o'clock.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:15 P.M. AND
RECOVENED AT 3:18 P.M., WITH ALL OF THE MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.
18. CONTINUE APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD DECISION, WHICH APPROVED A CERTIFICATE OF APPROVAL WITH
CONDITIONS FOR REMOVAL AND RELOCATION OF TREES FOR INSTALLATION OF
PLAYING (BALL) FIELDS, FOR PROPERTY LOCATED WITHIN ENVIRONMENTAL
PRESERVATION DISTRICT #43-4 AND ALONG SOUTH BAYSHORE DRIVE SCENIC
TRANSPORTATION CORRIDOR TO SECOND MEETING IN NOVEMBER.
Chairman Regalado: (INAUDIBLE) we start, Commissioner Gonzalez will be here in a few
minutes, and Commissioner Teele will also -- is on his way. We have a quorum. Yes, go ahead,
go ahead. Do it quickly, because we --
Tucker Gibbs: Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Gibbs: My name is Tucker Gibbs. I represent the applicant (INAUDIBLE) matter of
Ransom Everglades on your agenda. We'd like to ask for a deferral for 60 days.
Alejandro Vilarello (City Attorney): Mr. Chairman, could you defer to a date certain, please?
69 September 26, 2002
Vicky Garcia -Toledo: Would be the PZ (Planning & Zoning) meeting of November. The name
for the record is Vicky Garcia -Toledo.
Mr. Vilarello: The second meeting in November, yes.
Ms. Garcia -Toledo: And I represent the property owner. Second meeting of November.
Chairman Regalado: Yeah, but that's a possibility, not a promise, right?
Mr. Gibbs: I think Commissioner Winton put it best when he said, you can defer it for as long as
you like.
19. CONTINUE CONSIDERATION OF PROPOSED CLASS 11 SPECIAL PERMIT FOR A
GRAPHIC MURAL SIGN AT APPROXIMATELY 200 SOUTHEAST 1sT STREET TO THE
COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 24, 2002.
Vicky Garcia -Toledo: And while I'm up here, if I may also ask for a continuance on Item
Number 4 of the PZ agenda. It's for a mural signage, and if we can have that for 30 days to your
next P&Z agenda of October.
Chairman Regalado: October 24. OK. Do we have a motion by --
Commissioner Sanchez: So move.
Chairman Regalado: We have a motion by Commissioner Sanchez, second by Vice Chairman
Winton on this deferral, time certain one for last meeting of November; the other one for October
24. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 02-1064
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED CLASS 11
SPECIAL PERMIT FOR A GRAPHIC MURAL SIGN AT APPROXIMATELY
200 SOUTHEAST 1sT STREET TO THE COMMISSION MEETING
CURRENTLY SCHEDULED FOR OCTOBER 24, 2002
70 September 26, 2002
Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
Ms. Garcia -Toledo: Thank you.
Chairman Regalado: OK.
20. TABLED: CONSIDERATION OF APPROVING WITH CONDITIONS, MAJOR USE
SPECIAL PERMIT FOR SKYRESIDENCE PROJECT. (See #24)
John Shubin: Is this the appropriate time for third party deferrals, affected parties? John Shubin,
Shubin & Bass, 46 Southwest 1st Street, here today representing Properties of Hamilton, Inc.,
which is the adjacent property owner on PZ -2. We have a number of reasons for the deferral, but
we would like a deferral for a time certain, 60 days, if possible. I'll state the two most important
reasons for the record. We recently retained an expert witness, Mr. Jack Luft. He was retained
yesterday, and has not had adequate time to study the plans. Secondly, an integral component of
this application is the Shoreline Development Review application that was filed with the County.
That was approved, apparently, on Monday, and we have not had adequate time to review the
plans or the modifications that were made, which we think very much dramatically affect this
application, which is a piece of waterfront property. I believe there are other individuals here
seeking deferral.
Chairman Regalado: Wait, wait, wait. But you said you're a third party here.
Mr. Shubin: We're the neighbor.
Chairman Regalado: Mr. City Attorney -- or Madam City Attorney, can a third party request a
deferral?
Alejandro Vilarello (City Attorney): Is the applicant present?
Chairman Regalado: We need to -- the applicant is present, yes.
Mr. Shubin: And I believe one more affected party wants to seek a deferral, as well.
Mr. Vilarello: Is this with -- by agreement with the applicant?
71 September 26, 2002
Chairman Regalado: I have no idea. I --
Lucia Dougherty: I represent the applicant.
Rosa De La Camara: May I speak as to the deferral, as well, and then we'll allow the applicant?
Is that OK?
Chairman Regalado: Well, let's -- one second. Let's hear from the applicant to see what's going
on here.
Ms. Dougherty: Good afternoon. Lucia Dougherty with offices at 1221 Brickell Avenue, here
today on behalf of the applicant. We are -- we would object to a deferral of the item. The item
has been pending in the City staff -- we've been to the Pre -Application Review Conference, the
Large -Scale Development Committee, the Urban Development Review Board, the Dade County
Shoreline Review Committee, which, by the way, we went to at least a month and a half ago, not
yesterday, and we've been to the Planning Advisory Board. We would urge your consideration
of the application today. The only reason that they would want to continue this thing is they
want to defer it and, basically, to stop the project. This is a 36 -unit multi -family building. It's a
very modest building in that respect.
Chairman Regalado: OK. Mr. City Attorney.
Mr. Vilarello: The deferral is --
Ms. De La Camara: May I please speak as to the deferral, before you --
Chairman Regalado: No. One second. Let us hear the City Attorney.
Mr. Vilarello: Mr. Chairman, the deferral is at the discretion of the Commission.
Chairman Regalado: OK.
Ms. De La Camara: Thank you. Thank you, Commissioners. I'm Rosa de la Camara from the
law firm of Becker Poliakoff, with offices at 5201 Blue Lagoon Drive. I represent the Bay Park
Towers Condominium, the property located immediately adjacent to the applicant's project. My
clients consist of 254 unit owners and their families, who are vehemently opposed to the project.
I would ask for a deferral because I have just been retained this week to represent -- a couple of
days ago to represent the association in this matter, and I do need additional time to be brought
up -to -speed and also, because several of my clients, who did want to attend today's hearing, did
not have a chance to do so because of the last minute change in venue for this particular meeting.
They did not get noticed -- I don't want to say none of them did. Some of them did not get
notices to the change to the Lyric Theater, so for those grounds, I am requesting a deferral on
behalf of the Bay Park Towers Condominium. Thank you.
72 September 26, 2002
Chairman Regalado: OK. Thank you. Well, I don't know about the notice. I saw the ad in the
paper, and I think that the change was properly noticed, according to the City Attorney.
Mr. Vilarello: Yes, sir.
Chairman Regalado: So I don't know about the notice issue. As to the deferral -- OK. If we are
going to continue this today, we are going to do other PZ (Planning and Zoning) items, and then
we'll move on. But anybody -- you want to wait for a full board? Johnny, it's your district. You
want to wait or what do you want?
Commissioner Sanchez: It's a deferral.
Chairman Regalado: What do you -- you want -- what do you -- we need to decide whether we
defer or hear this item today. If you want to wait for a full board of the City Commission, which
has to decide, or you want to take action right now.
Vice Chairman Winton: Well, if I were taking action right now, I wouldn't take any action. I --
the logic for deferral wasn't very strong, as far as I'm concerned, so it isn't as though this hasn't
been through all kinds of boards, and the fact that the group waited until last week to retain
counsel is not very compelling, so -- but if the Commission wishes to do so, that's --
Chairman Regalado: OK. So no motion is no action. We will hear the case -- this item today.
Vice Chairman Winton: That -- and -- well, I guess I can only talk about the deferral.
Chairman Regalado: OK.
21. WITHDRAW CONSIDERATION OF AMENDING ORDINANCE 10544, BY
CHANGING LAND USE DESIGNATION FROM "RESTRICTED COMMERCIAL" TO
"MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"
AT 105 NW 5' STREET.
Chairman Regalado: PZ -3.
Carlos A. Gimenez (City Manager) Mr. Chairman, the administration is withdrawing item PZ -6.
Chairman Regalado: OK, PZ -6 is being withdrawn. PZ -6 is 105 Northwest 5th Street. The
applicant is Planning and Zoning Department.
73 September 26, 2002
22. APPROVE WITH CONDITIONS MAJOR USE SPECIAL PERMIT PURSUANT TO
ZONING ORDINANCE NO. 11000 FOR SOUTH BAYSHORE TOWER PROJECT, TO BE
COMPRISED OF RESIDENTIAL/MIXED USE COMPLEX, WITH NOT MORE THAN 347
UNITS WITH ACCESSORY RECREATIONAL SPACE, 11,888 SQUARE FEET OF RETAIL
SPACE, AND 514 PARKING SPACES AT 183 SE 14TH STREET, 180 SE 13TH STREET, 1390
BRICKELL BAY DRIVE, 171 SE 14TH STREET (Applicant(s): Tibor Hollo, Owner of
Bayshore Royale Company).
Commissioner Sanchez: Which item are we on, PZ -3?
Chairman Regalado: PZ -3 it's a major use special permit for the South Bayshore Tower project.
Lourdes Slazyk (Planning and Zoning): Thank you for the record Lourdes Slazyk, Planning and
Zoning Department. PZ -3 is a major use special permit for the South Bayshore Tower project.
It is going to be comprised of a residential mixed-use complex with 347 units, accessory
recreational space and 11,888 square feet of retail space with approximately 514 parking spaces.
This project was reviewed by the large-scale development committee; recommended for
approval by the Urban Development Review Board and by the Planning Advisory Board. This
project consists of ground floor retail across two of its street frontages and has been designed
unlike a lot of the others to really maximize that ground floor pedestrian space with full retail.
Those two street frontages on which the retail is located have no vehicular curb cups so it really
will be a continuous ground floor active space. The department has reviewed the project and is
recommending approval with conditions regarding the final design details including the color
material and final landscape plan, and like I said, it was recommended for approval by the
Planning Advisory Board.
Chairman Regalado: OK.
Vicky Garcia -Toledo: Good afternoon. For the record, my name is Vicky Garcia -Toledo, with
offices at 2500 First Union Financial Center, and I'm joined here today by the private developer,
Mr. Tibor Hollo and members from his staff Gerald Hollo as well as Phil Dahind. The project
architect Zyscovich and Associates, the consultants, Rosario Kennedy, Daryl Sharpton, Ramon
Alvarez, and this is a residential project. It's a project that has been introduced by your staff so
I'm going to be brief and tell you that it comes to you with approval for a number of variances
from the Zoning Board; that approval being unanimous. It also comes with a recommendation of
approval from your Planning Advisory Board and that was a unanimous vote also. The project
consists of 347 residential units and it's situated basically in a left over parcel of the City block.
This project is directly east of the Spiritu Santo Bank. As you know, it's a rather large and
beautiful project, and it takes up an L-shaped parcel of land, which was quite difficult to develop
because it's not only a thru lot that goes from 13th to 14th Street but it's also a corner lot with
frontage on what used to be Bayshore Drive, now Brickell Bay Drive. I think that you will see,
as the architect Mr. Zyscovich introduces you and walks you through the project, that they gave
done a tremendous job in articulating a project that is compatible with the neighborhood that
meets all the requirements of your land -use plan, and that is consistent with the quality and the
elegance of the construction that is now part of the Miami skyline. Mr. Zyschovich?
74 September 26, 2002
Bernard Zyscovich: I am Bernard Zyscovich, I'm here with staff people Cyria Yaffa and Joy
Rackly. I'll take just a moment and I'll ask you to have questions if you have any. I'll briefly run
you through this project. As our legal counsel explained, this is our site. We are between the
Spiritu Santo and the new Jade that's going on. We have a very significant architectural
responsibility for design because these are both really beautiful projects. We feel very strongly
that our project contextually fits into the neighborhood. We've gone to a great deal of effort to
create a very interesting, we believe, tower that kind of twists and rotates as it moves up. We
have a very interesting pattern as well on the rest of the L-shaped building. The tower actually
comes all the way down to the ground. One of the big challenges with high-rise buildings is to
let the building appear as if it's coming all the way down to the ground rather than simply sitting
on a podium. We did that by actually carrying the character of the tower down to the ground
level, which has totally pedestrian -oriented retail. We've provided the vehicular access on the
back streets, so as not to interfere with the pedestrian connection between Brickell Bay
Boulevard and the rest of Brickell, and as Vicky said, we had not only approvals, but unanimous
approvals from all of the boards; so if you have questions I'd be happy to answer them.
Chairman Regalado: OK, anybody from the public who wishes to make a comment on this
project? OK, we close the public hearing. Commissioner.
Vice Chairman Winton: I have a question about the neighbors that live on Brickell Bay Drive
have had to endure a lot with all the construction around them, and they've been really
interesting in that there's never been a single one of them say, "We don't want development."
They've all said, "Take care of the streets. Take care of the traffic. Don't let your construction
workers park in our neighborhood. Don't let your contractors dump their stuff in our
neighborhood. Keep the neighborhood neat and clean and allow us to get in and out of our
properties." Now that's pretty accommodating and I hope I don't get the calls later, because they
will all come to me. I hope you all put in place -- I think it's imperative that you put in place -- I
know that we require a parking plan, and I know we've tightened up that ordinance so that
there's some teeth in that parking plan, but I'm hoping that you all pay careful attention to what's
going on around the construction site so that you keep real happy neighbors in that area because
they're pretty accommodating folks.
Tibor Hollo: Mr. Commissioner, my name is Tibor Hollo. You are right. we have studied very
well and we are getting it, and that's why we have met with the neighbors, and that's why they
all recommend this project, because cattycorner across from the project we have prepared a
temporary parking facility for 200 cars, so we can park all the construction workers and all of the
staging areas into that lot and we are very careful to do that because we are very sensitive to the
neighborhood. They are going thorough lots of problems. I recognize that.
Chairman Regalado: OK, we have a motion.
Vice Chairman Winton: So move.
Commissioner Sanchez: Second.
75 September 26, 2002
Chairman Regalado: We have a motion and a second to approve, madam city clerk, role call
please.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-1065
A RESOLUTION FROM THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE SOUTH BAYSHORE TOWER PROJECT,
TO BE LOCATED AT APPROXIMATELY 183 SOUTHEAST 14TH STREET,
180 SOUTHEAST 13TH STREET, 1390 BRICKELL BAY DRIVE, AND 171
SOUTHEAST 14TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF A
RESIDENTIAL/MIXED USE COMPLEX, WITH NOT MORE THAN 347
UNITS WITH ACCESSORY RECREATIONAL SPACE, 11,888 SQUARE
FEET OF RETAIL SPACE AND APPROXIMATELY 514 PARKING SPACES;
APPROVING A DEVELOPMENT ORDER; DIRECTING TRANSMITTAL OF
THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
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
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
Priscilla A. Thompson (City Clerk): The resolution is approved 3/0.
Vice Chairman Winton: Can I say one more thing? The folks around this building are very
active. They are not passive folks, they are very active, and I'm going to make this statement to
all of the development community out there and neighbors that are listening, it's amazing what
you can get done when both sides really want to work together in accommodating each others
needs and the fact that these chambers aren't full of people in opposition I think is a credit to the
work that you all have done in advance with the neighbors to make sure that you satisfied all of
their needs in bringing this project forward, and thanks Tibor for doing that, because that makes
our jobs a lot easier.
76 September 26, 2002
Mr. Hollo: Thank you, Commissioner, I appreciate it and we'll always do that now and in the
future. Thank you very much.
23. REMAND BACK TO PLANNING AND ZONING APPEAL OF ZONING BOARD
DECISION OF APPEAL OF CLASS II SPECIAL PERMIT TO ALLOW PERMANENT
ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH RACEWORKS'
TEMPORARY EVENT.
Chairman Regalado: PZ -1 it's an appeal of the zoning board decision of an appeal of a class II
special permit . It's applicant to the permit the City of Miami and Raceworks, appellant,
Homestead Miami's Speedway.
George Lopez: Good afternoon, Mr. Chairman. George Lopez of the law firm of Steel, Hector
and Davis representing the appellants in this case, and if you will recall, Mr. Chairman, this
item was deferred approximately 60 days ago for a time certain for today and in particular the --
at that time we had made our record and made our presentation and I think Commissioner Teele
had asked some questions in regards to staff review of the record of our appeal letter as well as I
think Lucia had had a chance to make her presentation so without further delay -- the only
additional information that I'd like to present for the record and we're giving copies to the clerk
as we speak is the transcript of that meeting, the application filed yesterday morning with the
Department of Transportation for the actual road closure of Biscayne Boulevard which is State
Road Number 5 and some area photographs that we would like to refer to in our rebuttal, and if I
may, Mr. Chairman, if I could have just a few minutes to rebut, I'd be happy to put this to bed as
quickly as possible for you.
Chairman Regalado: Yes, sir.
Mr. Lopez: Thank you, Mr. Chairman.
Lucia Dougherty: Good afternoon. For the record, Lucia Dougherty, with offices at 1221
Brickell Avenue. Here today on behalf of Raceworks, which is appealee in the matter and the
entity that took out the Class II permit on behalf of the City for the track. You may recall there
were several issues that were raised by the appellants at the last Commission meeting and I
would like to discuss each one of them every briefly because there is absolutely nothing that they
have alleged upon which you can rule with the exception of one thing I'm going to make a
recommendation with respect to that. First they said you're not allowed to use the park pursuant
to the City ordinance, section 401; but in fact if you look at the section 401 it specifically says
that PR permits recreational facilities and public and private parks and recreational facilities and
we believe that, and I believe that the zoning administrator consider this to be a recreational
facility. Secondly, they suggested that you, meaning the staff, has to make a recommendation or
the issuance of a race permit, they have to make certain findings of adequacy of insurance and
demonstrate experience conducting in a race etc. that is again outside the purview of a Class 11
Permit, not something that the administrator had a right to rule on in the first place and therefore
you cant consider that in an appellate review. Thirdly they said that the major use special permit
is something that you have to get in the PR zoning for any use, but if you look at the major use
77 September 26, 2002
special permit, it talks about building facilities, building buildings and furthermore, this is not
something that you can consider in this venue, because that's something that the zoning
administrator when he ruled on the Class II Permit, already had determined that the Class II
Permit is the correct venue or the correct methodology of seeking permits for the actual racetrack
itself. Having not appealed that decision of the zoning administrator to the zoning board, you
cannot consider it at this time today in the purview of a Class II Permit. Fourthly they don't have
any standing. They haven't even an alleged standing and every appeal that you take of any kind
of matter you have to at least allege that you have standing in some way. This appeal is devoid
of any language saying we have standing for the following reason and furthermore they don't
have any standing. They are from Homestead. They own no property that we know of or they
have not alleged any in the City of Miami or anywhere near this facility. Fifthly, they say that
there is a pending lawsuit that would somehow enjoin you from doing that. I don't think that
they would agree that that is the case today, and finally they said that there are no written
findings of fact given in this matter. Now -- and they actually suggested in the last hearing we
may want to remand this back to your planning staff for consideration of written findings of fact.
In fact, the planning staff have very good reasons that no written findings of fact are necessary;
on the other hand just to be safe, I would suggest you do remand this matter back to the planning
staff to do final written findings of fact, and I also would like for the record, there were certain
expert witnesses that were put on by the appellants at the last meeting, and I would like to refute
very succinctly some of the statements they made. First of all, they said that the racetrack was
unsafe in certain respects and they also said that the racetrack was not something that could
function for a different kind of race and we have two experts, one form IMS (International Motor
Sports) and one from CART (Circuit Development for Championship Auto Racing Teams) and
I'd like them to come forward and refute those two allegations. One is Martin Thake from
CART.
Martyn Thake: Good afternoon. My name is Martin Thake. I'm the director of Circuit
Development for Championship Racing Teams, doing business as CART. I'm actually in town
building a racetrack and I would have to disagree with the statements that I read from the
minutes in the meeting you guys have been talking about. I consider the racetrack to be safe. I
consider the racetrack to be suitable for champ cars, as we call them, Indi style cars, even though
it was -- the track was originally designed for the MMS sports car style of car it is suitable for
running champ cars on and I don't have any problem building a racetrack on the footprint we've
been given and designating a huge (UNINTELLIGIBLE).
Commissioner Sanchez: Sir, are you testifying as an expert witness?
Mr. Thake: Yes, sir.
Ms. Dougherty: You have also Gordon Gratiot who is with IMS.
Gordon Gratiot: My name is Gordon Gratiot. I'm with IMS international motor sports. I'm the
executive director of operation. I'm also the director of race operations for every event we put on
all over the United States.
78 September 26, 2002
Chairman Regalado: If I may, I forgot to swear the witness, so anybody who would be speaking
before this board of PZ items, Madam City Clerk, could you swear them, please.
Pricilla A. Thompson (City Clerk): Would anyone who's here to testify on a PZ item please
stand and raise your right hand. Thank you.
Chairman Regalado: Thank you. Proceed.
Mr. Gratiot: I would also this course was originally designed for American Lamont cars to run
on. CART has been added to the weekend subsequent to that. The circuit was built with the
blessing and the expertise of Roger Peart who is the FIA international circuits and safety
chairman and the place is allegated [sic] been on the racetrack that were unsafe
(UNINTELLIGIBLE) always on the track. The guidelines that are set forth by the FIA are
simply guidelines. There are a number of instances that we could site that are not within the
printed guidelines, but have been authorize by the various circuits and safety commissions. I
will answer any more questions that you may have.
Commissioner Sanchez: So the bottom line is that the track is safe and it meets all standards?
Mr. Gratiot: In my opinion, the track is safe, yes, sir.
Ms. Dougherty: And that concludes our presentation.
George Wysong: Could you just have your expert reaffirm his testimony because he gave it
prior to being sworn in, the first expert?
Mr. Thake: I was telling the truth.
Commissioner Sanchez: State your name for the record.
Mr. Thake: My name is Martyn Thake. I'm the director of Circuit Department for
Championship Auto Racing.
Ms. Dougherty: Thank you very much.
Chairman Regalado: Ok, Mr. Lopez.
Mr. Lopez: Thank you, Mr. Chairman. I don't know if Commissioner Teele -- I know at the last
hearing was requesting some further information from his staff and if that's the case, I'll be
happy to defer to staff at this point, if not, I'll close.
Chairman Regalado: You wish to listen to Mr. Lopez or --
Commissioner Teele: (INAUDIBLE)
79 September 26, 2002
Mr. Lopez: I'll finish our presentation. Mr. Chairman and honorable members of this
Commission, this has been a long process to get this Commission to give us a final resolution to
this issue on appeal, and I think at the end of any discussion, it hinges on the actual documents
that were issued with regards to the permit and the work done on Bayfront Park. Your code
specifically in section 1305 requires specific written findings, and with all due respect to the
testimony that you just heard, that's not testimony of your staff, that's testimony of experts who
have interest in this proceeding; but more importantly your code requires that ingress and egress,
off -Street parking requirements, general adverse impacts should be written findings and part of
the record of any decision in regards to these permits. Notwithstanding that, and the actual use
of this park for a race has other impacts and it should have been considered by your staff before
they issued this Class II Permit. Now, you may hear, or if you review the record below, you may
see a series of references with regards to what this permit was intended to do, and I'm not
surprised, but counsel below argued extensively that this was all about curbs and gutters and this
was really not a road and this was about making Bayfront Park look a little more accessible and
easy to get to and so on and so forth, but I think in closing it's only appropriate that we rely on
what the record truly is, and I'll refer to the package that you have here today where at least it's
been certified that is the package before you through our public records request and in that
package you have a copy of the final decision Class II Special Permit. Now, I'll lead to a couple
of important points. First of all, it wasn't Bayfront Park or it wasn't the City of Miami, it was
Raceworks that sought the permit, and the title of the permit is very important. It's temporary
racetrack with permanent improvements. The findings, the limited findings on that permit start
off with, "It is found that the temporary and permanent proposed works for the American
Lamans series court -- in parenthesis -- racecar event are consistent with the character of this
type of event at the proposed location in terms in size and scale. Your zoning referral
documentation, specifically the review of your zoning plans examiner, certified, notarized and
part of this record, speaks to the nature of the application, and I quote, "Racetrack improvements
on City park." The information and notification letters that were distributed to a variety of
parties nearby to this area read as follows: "Notification, for example, Miami Center
Intercontinental nature of application, temporary racetrack with permanent improvements and
tree relocation, temporary racetrack, with permanent improvements and tree relocation," and so
on all the way through the notification to United States Corps of Engineers. In fact, the truth of
the matter is that the Class II Permit is not, under your code, intended to nor necessary for the
purpose or rather or appropriate for this purpose. Both the resolution that the Zoning Board and
the resolution that you're asked to approve here today specifically say allow permanent road
improvements in Bayfront Park in association with a temporary event for the property located --
to try to divorce these activities these construction activities, the work that has been performed,
from this race and therefore create a consistency were there isn't one in your code is
inappropriate. We therefore request this Commission to seriously review the information that's
been presented to you here and throughout the many days and weeks we been before you and we
do appreciate you having this hearing at least seven days before the race starts, so that gives us
plenty of time to exercise our due process rights, but a final decision from you here today will be
graciously appreciated. Thank you very much, Commissioners, Mr. Chairman.
Chairman Regalado: We close the public hearing. Do we have any comments, any questions?
80 September 26, 2002
Commissioner Sanchez: I do, Mr. Chairman. One of the concerns that they had was that there
was no written findings of facts. That's one of the concerns that you have. Well, we could
always send this back to planning and zoning and have them prepare a written finding that's --
and I'm prepared to make that motion, if that's what it takes so are there any other discussions on
the item, Mr. Chairman? If not, I'd like the floor to make the motion.
Chairman Regalado: OK, we're ready to close the public hearing. You have a motion.
Commissioner Sanchez: Yes, sir, move that we remand it back to the planning and zoning so
they can provide written facts and findings; so move.
Commissioner Gonzalez: Second.
Chairman Regalado: OK, we have a motion and a second. Any comments? All in favor, say
aye.
11
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-1066
A MOTION FROM THE MIAMI CITY COMMISSION REMANDING BACK
TO PLANNING AND ZONING AN APPEAL OF A ZONING BOARD
DECISION OF AN APPEAL OF A CLASS II SPECIAL PERMIT TO ALLOW
PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN
ASSOCIATION WITH RACEWORKS' TEMPORARY EVENT.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
81 September 26, 2002
24. CHANGE DATE OF OCTOBER 24, 2002 COMMISSION MEETING TO TUESDAY,
OCTOBER 29, 2002 AT MANUEL ARTIME CENTER LOCATED AT 900 SOUTHWEST 1
STREET. (See #1)
CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR
CONSTRUCTION OF SKYRESIDENCE PROJECT AT 640 NORTHEAST 34TH STREET TO
COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 29, 2002 (See #20)
Chairman Regalado: PZ (Planning and Zoning) -- PZ -2, Major Use Special Permit,
SkyResidence Project, 640 Northeast 34th Street.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -2 is a Major Use Special Permit
for the SkyResidence Project in order to allow 36 units, with approximately 71 parking spaces,
for the property located at approximately 640 Northeast 34th Street. The Planning and Zoning
Department is recommending approval with conditions. It has been recommended for approval
by the Planning Advisory Board. The project is coming before you with recommendations of
approval from all of the lower boards and committees that had reviewed the project. The only
additional condition, besides the standard conditions that the Planning and Zoning Department
recommend on Major Use Special Permits, is regarding a comment by the Urban Development
Review Board, that the applicant give additional considerations to the articulation of the west
facade of the parking garage in order to better screen the garage. Of all the elevations, if you
look at the plans in your book, the west elevation of the garage is very plain and it really needs
additional screening or articulation. The project is before you as a Major Use Special Permit,
even though it's only 36 units, because of the additional FAR (Floor Area Ratio) that is being
sought. It's a development bonus of approximately 15,072 square feet, in conjunction with a
contribution of a hundred thousand, five hundred and thirty dollars ($100,530) to the City of
Miami's Affordable Housing Trust Fund. In this particular case, the FAR bonus is completely
being used to make much bigger units. The average unit sizes are double the unit sizes that
we've seen in many of the other projects. The -- like I said, it's only 36 units. They've got
approximately two units per floor, up through a penthouse unit. The project is very well
designed. It's -- we found it to be appropriate for its waterfront location, and we recommend
approval with these conditions.
Chairman Regalado: OK. Go ahead.
Lucia Dougherty: Again, for the record, good afternoon. Lucia Dougherty with offices at 1221
Brickell Avenue, here today on behalf of WSG, which is the owner of the property. And I'm
joined this afternoon by the two principals, Eric Shepherd and Phil Wallman. Eric Shepherd was
the subject of an Achiever's article because of the development that he's doing in both North
Bay Village, as well as Miami Beach. This is their first project in the City of Miami. And Phil
Wallman, who is his partner, is the founder and Chairman of the Board for For Eyes. So, they
have 13 projects underway nationwide. Again, this is their first one in the City of Miami, and
they're very, very excited about it. Chad Oppenheim, who is setting up right now, is the
architect for the project. Chad -- I read in the article that we're passing out dealing with the lost
projects in Dade County that are going up -- and we're passing out articles -- I read in that article
that he received the AIA (American Institute of Architects), Architect of the Year Award, and
82 September 26, 2002
one of his lost projects in Miami Beach won an award for the Project of the Millennium, so I
think this is a great team for this particular project. They have -- and probably out of maybe 25
or 30 Major Use Special Permits that I've brought before this board, there has never been one
that has been so well received by the Planning staff, as well as all of the boards, as this one. It
has literally sailed through the approval processes, and as I mentioned, it's been through the
Urban Development Review Board. It's been through the Dade County Shoreline Review
Committee, the Planning Advisory Board, and without exceptions, everybody has lauded this
project as being architecturally very significant. It is a 25 story building in an area which has
unlimited height. It has 36 units. I mean, this is a very modest project, although very, very high
end, with 70 units would be permitted. So, it's got half of the density that would otherwise be
permitted. It is only 75,000 square feet. It is twice as much open space as would be required. It
is very high-end loft project, and Chad's going to describe that for you a little later. We already
have 20 reservations for these 36 units. People are very excited about this kind of product, as
you can read in the articles. The owners have committed and have agreed -- the staff has asked
us and the owners have agreed to also improve the street end at 3e Street with an urban park at
that end. We've met with both of our neighboring property owners. We are very disappointed
that we were unable to convince them of the merits of this project. They are here today in
opposition, as you've heard. We recognize that we are going to have an impact. Any building
would have an impact, but we have a very small site. We would be happy if we could think of
something to do that would minimize the impact. We have offered -- actually offered, with
respect to one of neighbors, to do some improvements on the streets, to do some improvements
to their property, but this was not acceptable to them. With that, I'd like Chad to make a
presentation and kind of walk you through the project, and after that I'll close.
Chad Oppenheim: Hi. Good afternoon. My name is Chad Oppenheim, architect, Oppenheim
Architecture and Design, with offices located at 245 Northeast 37th Street. We're very excited
about this project, and we actually have been fortunate in the last few years to be involved in a
lot of exciting residential projects throughout Miami Beach, Miami, North Bay Village. And in
doing ten of, I would say, the most futuristic of condominium projects, this one has a special
place in our heart, and we're very, very excited that the client has allowed us to create something
unique in terms of architecture. I'm not going to really talk too much about the project. I'd
probably open it up to questions soon. But I just wanted to express -- does this thing come out?
This theater atmosphere is very exciting. Yeah, I'm going to walk. Essentially, the lot really
defined the project, and typically, in a building of this nature, you would have more opportunities
and positions to locate your building. But this project, which -- to reiterate, does not require a
variance whatsoever. It's as of right in terms of the land use. Basically evolved from the
building envelope. And what you have, if you look at the ground floor plan, is a very pedestrian -
friendly experience along 34th Street, which is the one side that has access to the street. We
create a very open lobby at ground floor. And the building really situates itself in such that the
parking is towards the back, as a request by the City's Zoning Department, where they would
like to see no exposed parking on the water's edge. And we've actually created units all the way
down the water. We have the required parking for the number of units. It's really a building that
deals with function first, and then beauty sort of evolves from that. We have a very open -- an
open-air lobby, actually, which is tropical and relates to the Florida climate. And then the
elevator core, which is this darkened area, goes all the way up the building. At mid-level, over
here, which is five stories up, is a rooftop sky garden. We have two swimming pools in the
83 September 26, 2002
project, one being sunrise, the other one being sunset. The sunset pool is on top of the parking
structure, and is filled with a lot of beautiful vegetation as such. The building exists -- excuse
me. This floor plan represents the most typical layout of the tower. The base, which is the
parking and other units that front the water, goes up six stories, and then there's a gap of two
stories so that the building attempts to float. This is the tower itself, which is 80 by 63, and
essentially, what it is is the core -- the required core, the minimum required core of any particular
high rise residential unit, as small as we possibly could make it, with a band of about 20 feet
around it. So, essentially, the building is somewhat anorexic, in that it's skin and bones. And as
Lucia had mentioned, there's two units per floor. They're approximately 2,000 square feet, and
they have views to the east and west. And the new fire codes actually require that we have
limited windows towards the north -- actually more the south, and we just repeated that pattern
on the north. Yeah. We have a landscape architect here, but I'll just briefly explain that. For us,
landscape is incredibly important to the architecture, and -- surrounding the project, we have
incredible bamboo that will grow to 60 feet, mostly along the back, as a buffer. But as Lucia had
mentioned, we're working with the City to redevelop that street and create a beautiful, hopefully,
unoccupied plaza at the end towards the water, and working with the new master plan of the
City. And then we have the pool towards the bottom. The building, as I mentioned before,
works within the building envelope. We've gotten all the approvals from Shoreline, from the
City, and what we're here for is just an additional square footage, as permitted by the MUSP
(Major Use Special Permit) process. Should I present this sort of model over -- this model
actually represents the context that the building will exist and, essentially, as you can see, it's
quite different than the buildings that surround it, which are more massive and higher density.
This building only has 36 units. If I could afford it, I would love to live there. It's a very, very
exciting project, and we feel one that will really help to further boost the renaissance of this area.
And I guess I can answer any of your questions that come up.
John Shubin: Mr. Chair, when would it be appropriate for cross -- limited cross-examination on
Mr. Oppenheim's testimony?
Commissioner Teele: Normally, it's at the end of the witness' testimony.
Mr. Shubin: OK. Has Mr. Oppenheim concluded his testimony?
Ms. Dougherty: Yes.
Mr. Shubin: With the Chair -- with the Commission's --
Vice Chairman Winton: Y'all are done?
Mr. Oppenheim: No. Just with this witness.
Vice Chairman Winton: But --
Ms. Dougherty: His testimony is done. I'm not.
Vice Chairman Winton: So -- and I don't know. I'm no expert here. So, Mr. City Attorney.
84 September 26, 2002
George Wysong (Assistant City Attorney): Yes. Once the witness has concluded his testimony,
he is then subject to cross-examine, but their presentation has not concluded yet.
Vice Chairman Winton: But --
Mr. Wysong: They'll put on other witnesses.
Vice Chairman Winton: So he can cross-examine just this witness --
Mr. Wysong: Correct.
Vice Chairman Winton: --now?
Mr. Wysong: Correct.
Vice Chairman Winton OK.
Mr. Shubin: Is that acceptable to the Commission?
Vice Chairman Winton: That's the rule.
Priscilla A. Thompson (City Clerk): Excuse me, Commissioners. We need the name for the
record, please.
Vice Chairman Winton: Yes. He was --
Mr. Shubin: Oh, yes, of course. John Shubin, Shubin & Bass, 46 Southwest 1st Street, City of
Miami, here today representing Properties of Hamilton, Inc., which is the owner of the Hamilton,
which is the property immediately adjacent to the north. Operating in tight quarters here, and
this is clearly not my presentation. This relates solely to cross-examination.
Mr. Oppenheim: Am I supposed to read this?
Mr. Shubin: You can look at it. I think you prepared it. Mr. Oppenheim, I've shown you two
documents. The first is a site plan that was submitted for the Shoreline Development Review
Process, and I believe it was prepared by your firm. Do you recognize that document?
Mr. Oppenheim: Yes.
Mr. Shubin: And for what purpose did you prepare it?
Mr. Oppenheim: Well, I'm not a hundred percent sure because they're -- the documents are for
the project, but if this is for the Shoreline Review, then I assume the Shoreline. It may be for the
park detail. I'm not really a hundred percent sure.
85 September 26, 2002
Mr. Shubin: Can you look to the bottom right hand corner, where you see an approval by
Shoreline Development Review Committee. Do you see that?
Mr. Oppenheim: Yes.
Mr. Shubin: And do you see the text to the right, where it says "Shoreline Development
Submission"? Is it your recollection that this was submitted for purposes of securing permission
and approval from the Shoreline Development Review Committee? Excuse me?
Ms. Dougherty: You say "submission." I don't see that.
Vice Chairman Winton: You need the microphone.
Mr. Shubin: Shoreline submission.
Mr. Oppenheim: This is one of many sheets, one of perhaps 40 sheets of drawings that were
submitted.
Mr. Shubin: But, in fact, it says "Shoreline submission" on it, is that correct?
Mr. Oppenheim: OK.
Mr. Shubin: And what is the date in which that was prepared? There's a date on the site plan.
What was the date of the site plan?
Mr. Oppenheim: It says August 28tH
Mr. Shubin: OK.
Mr. Oppenheim: I think we've submitted other sheets.
Mr. Shubin: What is the date of that particular site plan?
Mr. Oppenheim: I'm being instructed by our landscaper that is the wrong plan, which -- it may
be the wrong one. I don't know what the most recent one -- I didn't bring those files.
Mr. Shubin: Well, do you see the notation that says "approved September 23rd, 2002, for
Shoreline Review"?
Mr. Oppenheim: Um hmm.
Mr. Shubin: So --
Mr. Oppenheim: You're familiar with the process. You present, then you resubmit drawings, so
I assume that these are the approved drawings.
86 September 26, 2002
Mr. Shubin: So --
Mr. Oppenheim: It might be one of numerous sheets of drawings.
Mr. Shubin: But there is an approval stamp that says, "September 23, 2002, approved Shoreline
Development Review," is that correct?
Mr. Oppenheim: That appears that way.
Mr. Shubin: OK. So we have a site plan that was prepared by you on August 28th, that was
approved on September 23rd, which I believe is Monday. Did you ever -- have you been in
communications with your neighbors to the north and the south over the last two or three
months?
Mr. Oppenheim: Yes.
Mr. Shubin: Did you ever submit that site plan to any of your neighbors to the north or to the
south?
Mr. Oppenheim: I'm just the architect, and I --
Mr. Shubin: But you've been -- you've taken a very active role in the presentations to the
neighbors, is that correct?
Mr. Oppenheim: Yes.
Mr. Shubin: So you submitted this on the 28th. You don't have a recollection as to whether you
submitted it to any of your neighbors at the time you submitted it to Shoreline Review?
Mr. Oppenheim: Actually, I don't make the submission. We provide the drawings, and then
they're delivered.
Mr. Shubin: OK. Are you -- you're familiar with the plan that you prepared, though, for
submission and approval by Shoreline Development Review, are you not?
Mr. Oppenheim: I am. But as I said, this is one of many sheets. It doesn't even reflect most of
the comments that were resubmitted. But, maybe, when you get to your point, we'll --
Mr. Shubin: Well, is there something subsequent to that that's going to be approved?
Mr. Oppenheim: There's many other sheets.
Mr. Shubin: Do you know if they've been approved?
Mr. Oppenheim: I would assume that they have been.
87 September 26, 2002
Mr. Shubin: Would they have been approved subsequent to September 23rd?
Mr. Oppenheim: I'm not familiar with the dates.
Mr. Shubin: OK. Is the plan that was approved by Shoreline Development Review Board, that I
handed to you, does that conform to the concept plans that you've submitted as part of this
MUSP submission?
Mr. Oppenheim: I would assume with minor modifications to Shoreline requirements.
Mr. Shubin: Well, let's discuss those modifications, because they're important --
Mr. Oppenheim: Unfortunate, don't have a list of what was submitted, but --
Mr. Shubin: Did you -- in the MUSP submission, did you ever denote or depict a public bay
walk?
Mr. Oppenheim: I would assume, yes.
Mr. Shubin: Excuse me?
Mr. Oppenheim: I would assume that we did.
Mr. Shubin: OK. Anywhere on your plans, is that shown as part of the submission?
Mr. Oppenheim: The walk is shown.
Mr. Shubin: The MUSP -- on the MUSP submission?
Mr. Oppenheim: In all the drawings, there's a walk. It may not be noted as a public bay walk,
because -- Lucia could explain the legal ramifications of how that was submitted.
Mr. Shubin: And is it your position that the approved plans from Shoreline Review show a
public bay walk?
Mr. Oppenheim: A bay walk, yes.
Mr. Shubin: And is the bay walk public or private?
Mr. Oppenheim: Lucia.
Mr. Shubin: To the best of your knowledge.
Ms. Dougherty: Well, the bay walk that we proposed to the Shoreline Review Committee, is that
we would create a bay walk in front of our property. In addition to that, we would do a public --
we would do the public improvements on the street end. If at any time in the future this bay
88 September 26, 2002
walk goes anywhere, we would open it up to the public, but it was not a requirement of the
Shoreline Review Committee that we have a public bay walk.
Mr. Shubin: Lucia, I'm not going to cross-examine you, but we'll get to that.
Ms. Dougherty: You can cross --
Mr. Shubin: I have a couple more questions. I'm trying to make this as simple as possible. Did
you appear before the Shoreline Development Review Commission on behalf -- Review Board
on behalf of the applicant here today?
Mr. Oppenheim: The Shoreline Review Committee, yes.
Mr. Shubin: Yes. And did you make the presentation on behalf of the applicant?
Mr. Oppenheim: Yes.
Mr. Shubin: Were you familiar with the staff recommendations at the time in which you made
your submission?
Mr. Oppenheim: Yes. I wouldn't know what they are at this point, but --
Mr. Shubin: Were they for approval or were they for denial?
Mr. Oppenheim: Approval.
Mr. Shubin: Well, let me show you -- could -- I'd like you to refresh your recollection by
looking at the submission -- the second submission I gave you, which is a collection of the
Shoreline Development Review Committee documents that clearly indicate --
Mr. Oppenheim: Is that this?
Mr. Shubin: Yes. -- that clearly indicate that the staff, the staff, not the Committee,
recommended denial of the application?
Mr. Oppenheim: Actually, you're refreshing my memory, which is very interesting because --
what's funny is that, actually, Mr. Rosenberg is there on the staff, but -- well, on the board. The
way these things have worked, and perhaps --
Mr. Shubin: Could you repeat what you just said?
Mr. Oppenheim: He's on the committee.
Mr. Shubin: On the Shoreline Development --
Mr. Oppenheim: But he recused himself of any authority.
89 September 26, 2002
Mr. Shubin: OK.
Mr. Oppenheim: Is that the right word? It's actually something that we brought to the attention
of the Shoreline staff, in that, when you originally submit a set of drawings, the procedure -- and
I know you're familiar with it, but it may have changed since you've been active in it. We've
submitted the drawings. We got -- we met with staff, DERM (Department of Environmental
Resources Management) and all the appropriate people, who then reviewed the project and made
their comments. At which point, when we submitted it in front of the Shoreline Committee, we
had already implemented all those comments, and then were approved.
Mr. Shubin: In fact, the approval was as of September 23rd of 2002 --
Mr. Oppenheim: No. Actually, the approval was at the hearing.
Mr. Shubin: Sir, could you -- I'm just -- I'm trying to get -- create a record.
Commissioner Teele: (INAUDIBLE)
Mr. Shubin: I'm trying to establish --
Commissioner Teele: He's said it three times, and you showed it to us, that it was approved on
September 23, 2002.
Mr. Shubin: Right. And I'm --
Commissioner Teele: And you're still on that point.
Mr. Shubin: I'm trying to establish that he submitted plans on August 28th for the purposes of
addressing the concerns that were raised at the Shoreline Review Board.
Mr. Oppenheim: It was before that. I think I was -- I'll let Mr. Rosenberg speak, but what I was
explaining, if you were listening, is that the way the process works is that you submit the plans --
it's been a little bit backlogged. In fact, this month they haven't even had the Shoreline Review
because of sort of inefficiencies that have been happening at the moment. We submitted the
drawings. We got comments from the staff. We addressed those comments, went before the
board, was approved at that date. We then had to resubmit the drawings, and that's probably the
August 28th thing, but that's when it was sealed. We were approved at the hearing, and you
could probably get the minutes to that hearing.
Mr. Shubin: Well, I've provided -- I'm going to provide the Commission with a copy of the
resolution that was dated --
Mr. Oppenheim: But it wasn't approved at that --
Mr. Shubin: September 23rd
90 September 26, 2002
Mr. Oppenheim: It wasn't approved at that hearing?
Mr. Shubin: The formal resolution --
Mr. Oppenheim: It was approved at that hearing.
Vice Chairman Winton: Mr. Shubin, the practice has always been that your side gets about the
same amount of time as this side, and if you're going to do cross-examine -- I understand they
have another -- somebody else that's going to give testimony yet; is that correct or not correct?
Ms. Dougherty: Just me to wrap up, and we have Bill Rosenberg, our landscape architect.
Vice Chairman Winton: OK. So, Mr. Shubin, you're kind of pressing on your time side here.
So I hope that you can --
Mr. Shubin: Well, Commissioner Winton, let me remind you that these are quasi-judicial
proceedings. We have the right --
Vice Chairman Winton: I have spoken --
Mr. Shubin: -- to cross-examine --
Vice Chairman Winton: I have spoken to our City Attorney.
Mr. Shubin: Right.
Vice Chairman Winton: He has told me what we can do, and I'm passing that information along
to you, sir.
Mr. Shubin: And I appreciate it. I've asked very simple questions that I -- and I provided him
with documents to refresh his recollection. We should have concluded had the responses been,
in fact, responsive. So I appreciate your frustration, but I'm just attempting to get through this
and make the record.
Mr. Wysong: I have a question. Are -- is your cross examination related to any testimony that
he offered today?
Mr. Shubin: Yes. It will be.
Mr. Wysong: Did he mention the Shoreline Committee?
Mr. Shubin: Yes. They said that they had received all approvals, and it's certainly relevant to
this project. Shoreline Development Review is an integral part of this approval process, and in
fact, it's part of the Major Use Special Permit application.
91 September 26, 2002
Mr. Wysong: I just ask that you limit the questions to whatever the gentleman testified to.
Mr. Shubin: OK. I don't --respectfully, I don't agree with your interpretation, but I will attempt
to abide by it. Could you please describe for me -- are there any balconies on this submission
that you -- with respect to this Major Use Special Permit? Are there any balconies in the
building?
Mr. Oppenheim: There are decorative projections.
Mr. Shubin: Could a fire ladder reach, in your opinion, any of these units?
Mr. Oppenheim: Actually, I just came from the Fire Department, but I would assume that they
would. I mean --
Mr. Shubin: But you do --
Mr. Oppenheim: I mean, I don't know what that means.
Mr. Shubin: Do you know if the property is platted as it is submitted?'
Mr. Oppenheim: I do not know.
Mr. Shubin: OK. Are you -- do you have any intention, on behalf of the applicant, of seeking
the platting of the property.
Mr. Oppenheim: No.
Mr. Shubin: No?
Mr. Oppenheim: Not from my knowledge.
Mr. Shubin: OK. So you don't know if you have any intention of dedicating a cul-de-sac to
complete the cul-de-sac at the end of 3e Street.
Mr. Oppenheim: Right. Whatever the City requires, we will do.
Mr. Shubin: OK. All right. I appreciate your attention, and I'll try to put on the rest of the case
through our argument.
Vice Chairman Winton: Mr. Shubin, does that mean you're -- did you say you're concluded
with your cross examination on this?
Mr. Shubin: No, no, no. My cross examination, not our presentation.
Vice Chairman Winton: OK. Great. So, Lucia.
92 September 26, 2002
Ms. Dougherty: Yes, sir. You may wonder why we're here today, because it's under the
threshold for a Major Use Special Permit, but we are seeking a bonus FAR of 15,000 square feet,
and we did this whole Major Use Special Permit for 15,000 square feet. And originally, when
they came to see me, the Florida ceiling heights for the lofts were 15 feet for Florida ceilings.
The building was identical to the one you see here in terms of the heights, massing, floor plate,
everything. The only thing is if we reduce it down to 11 foot 6 Florida ceiling heights, we get
three additional floors, making 36 units. So, in other words, if, for example, you did not approve
this Major Use Special Permit, the building would look identical to the one you have here. It'd
be exactly the same height. We would do it as of right. The only thing is, it would have three
less floors, but the Florida ceiling heights would be 15 feet instead of 11.6, and that's where they
started from six months ago when we started this process. So, again, I don't know if you
recognize which one this is, but it's the one that's in the middle here, as opposed to the other
two. This is the Hamilton and this is the Chart House, and this is 36th Street and the Julia Tuttle
Causeway. We have all of our experts here today. We will not put them on because you have all
of their testimony or their exhibits in your book. But we have our traffic engineer, who's here to
testify, if you'd like to talk to him, as well as our economic impact expert. And our engineer,
Bill Rosenberg, who is our landscape architect, is also here, and he's done a fabulous design in
terms of the landscaping around the project. And, again, it's in your book, and we won't take
any more of your time.
Chairman Regalado: Thank you. Any more testimony on this item?
Mr. Shubin: Yes. Once again, for the record, John Shubin, Shubin & Bass, for the Properties of
Hamilton. Let me try to get a few things in order first so that we can speed things up.
Vice Chairman Winton: John, who did you say you're representing again?
Mr. Shubin: Properties of Hamilton, Inc. --
Vice Chairman Winton: Thanks.
Mr. Shubin: -- which is the owner of The Hamilton. Let me try to do this as efficiently as
possible, because we have a multiplicity of arguments, many of which have been raised below,
and we will incorporate the arguments that were made before the Planning Board, and also
introduce into the record some of our written submissions regarding the legal deficiencies in this
application. But let me try to first start off by renewing the motion for deferral. First, I believe
that there are people -- and we have people who can testify with personal knowledge -- the most
recent notice that was sent out regarding the move to the Lyric Theater was received, to the best
of my knowledge, and it was received by my client on September 23rd of 2002. And I'd like to
introduce into the record a date stamp from the desk of Henry Eckstein, who is the --
Commissioner Teele: Mr. Chairman.
Commissioner Regalado: Yes, sir.
Commissioner Teele: Counsel, what are you -- do you want a deferral?
93 September 26, 2002
Mr. Shubin: Yes, sir. And I'll go through all the reasons in greater detail.
Commissioner Teele: Did you ask for a deferral?
Mr. Shubin: Yes, I did.
Chairman Regalado: He did ask for a deferral, and the Commission didn't take any action so we
are hearing his case.
Ms. Thompson: I'm sorry, Commissioners. We can't hear you. Are you sure your mics are on?
We're not recording.
Chairman Regalado: It is. Now?
Ms. Thompson: Yes.
Chairman Regalado: Can you hear?
Ms. Thompson: Now, yes. Thank you.
Commissioner Teele: Would you just lay out for me, so I clearly understand the basis of your
request for deferral?
Mr. Shubin: Yes, sir. Number one, the notices regarding the change to the Lyric Theater -- and,
again, yes, my client is here and my client is represented. But at the Planning Board hearing,
there are at least 30 to 40 people from other community -- the other parts of the community that
were here in opposition. It was received on September 23rd, 2002. That's not the primary basis
for our deferral.
Commissioner Teele: Are you putting in the record the publication notice --
Mr. Shubin: Yes.
Commissioner Teele: -- as well?
Mr. Shubin: With the receipt stamp.
Commissioner Teele: No. Are you putting into the record the full story, the notice that was
published in The Miami Herald and other newspapers of general circulation?
Mr. Shubin: I don't have a copy of that. All I have is a copy of the change --
Commissioner Teele: But you will stipulate that it was done?
94 September 26, 2002
Mr. Shubin: Whenever it was done it was done, but the note -- the individual notice was not
received in the community until September 23rd
Commissioner Teele: Mr. Shubin, just so -- may I just inquire, please? And, Counsel, I assume
you object to the delay?
Ms. Dougherty: Yes, sir.
Commissioner Teele: Because of --
Ms. Dougherty: Because we've been at this for six months, and we've been having lots of public
hearings, lots of different kinds of hearings, and we would only --
Commissioner Teele: But, Counsel, the only thing that I'm going to say is this: The
Commission's already voted, but if you're trying to expedite this and if some judge doesn't agree
for whatever reason, you're going to have a little bit more of a delay than we're talking about
now.
Vice Chairman Winton: And, Commissioner Teele, let me make a clarification on the move not
to defer, because counsel's original -- at the beginning, we had heard no sides, at all. And the
opposition counsel's move to defer, the logic was not very strong, so I wanted to get at least in
this far and hear what was going on here. And I wasn't -- but I couldn't say that then. I feel
strongly you need to hear the public. We've always said that. We've felt it -- we feel it very
strongly, because the public needs to hear -- whether we say yes or no, the public needs to -- has
a right, and frankly, we'd rather them hear this information face to face as opposed to some other
way. So I wanted to hear some of this stuff before we made a final decision about whether this
thing moves forward or not.
Mr. Shubin: And I -- respect --
Vice Chairman Winton: For today's meeting.
Mr. Shubin: And I didn't want to get to the merits, but let me just run down shotgun the four
bases for the deferral. Number one --
Commissioner Teele: But, Mr. Shubin, you're aware that normally when a counsel makes a
request for deferral, you lay out not the merits, but the reason for the deferral?
Mr. Shubin: No, no. That's what I'm saying. There are four different reasons for the deferral,
before I even get to the merits. Let me lay them out. I can lay them out in 15 seconds. Number
one, the community received the mailed notices on September 23rd showing the change to the
Lyric Theater. Number two, the Shoreline Review, which is an integral part of this process --
and I will submit this into the record -- was approved on September 23r , 2002, not when the
hearing was. The -- and I will put this into the record. The Shoreline Development Review
Board vote -- the official resolution, with the conditions, is September 23rd, 2002. The basis for
the cross-examination, which was not part of our initial request for deferral, was that a site plan,
95 September 26, 2002
prepared on August 28th, approved September 23rd, 2002 from the County, obtained at 9 a.m. this
morning through the public records process, in our mind, and prepared on August 28th
subsequent to the Planning Board meeting, subsequent to the community meetings, shows certain
modifications, which we believe and will maintain, were a precondition to getting Shoreline
approval, in which modify this project. We retained -- Hamilton retained yesterday, in
anticipation of getting a hold of these site plans, Mr. Jack Luft as an expert witness. Mr. Luft is
not prepared to testify on such short notice, nor would I require him to. Lastly -- and I won't
speak for Ms. De La Camara -- the neighbors to the south retained Ms. De La Camara, I believe,
yesterday or the day before yesterday, and I can speak to this on personal knowledge, while there
were meetings, some of which took place one on one between the Hamilton and the applicant,
and Bay Park Towers. At the Planning and Zoning Board, the neighbors were not represented by
counsel. There was a man, Mr. Golden, who was an owner, who also happened to be a lawyer,
but he made it very clear that he was not their lawyer. And I'll let Ms. De La Camara speak for
herself, but this doesn't go to the substance. This just goes to the deferral.
Rosa De La Camara: Good afternoon, again, Commissioners. Very briefly, I want to reiterate
my prior request for deferral. I'm Rosa De La Camera with the law firm of Becker Poliakoff,
offices at 5201 Blue Lagoon Drive. I'm here on behalf of the Bay Park Towers Condominium
Association, consisting of 254 unit owners and their families. And, again, as Mr. Shubin stated,
we feel that the notice change to the Lyric Theater was not appropriate. I represent 254 owners,
and in the audience I have three people here. The notices were received, as my unit owners can
attest, on Monday, which is the 23rd of September, virtually three and a half, more or less, days
before this hearing.
Vice Chairman Winton: Excuse me.
Ms. De La Camara: In addition to that, I was retained to represent my client's interest here on
Monday.
Vice Chairman Winton: Excuse me. Mr. Chairman, and I'll have to admit, I'm pretty bothered
by the argument -- and I haven't decided what the right thing to do here is. But I am bothered
immensely by this excuse over the notice. They had the notice, the time, the date, and that goes
on everybody's calendar. The only thing that shifted was the location, and it shifted how many
blocks? It shifted half a mile. So it isn't as if -- the people that were going to come should have
had that already on their calendar, and the fact that it came three days in advance, that I've got to
go another half a mile, I'm not sure that has anything to do with anything. So --
Chairman Regalado: And, you know, my concern, too, is that when he spoke first about the
notice, I asked City Attorney, Alex Vilarello, if those notices sent were legal, the change of
venue? He said, "Yes." That's the City Attorney's opinion. And you're trying to establish a
record, like the City did something wrong in sending the notice.
Mr. Shubin: No. I mean, let --
Chairman Regalado: Yes, you are.
96 September 26, 2002
Mr. Shubin: -- me say this. That's -- to say that I'm accusing the City of doing something
wrong, I think is politely very unfair. The law says --
Chairman Regalado: Well, you politely --
Mr. Shubin: -- that affected property owners --
Chairman Regalado: -- accused the City of doing something wrong.
Mr. Shubin: I had three independent bases that had nothing to do with the City for a deferral,
one of which was the Shoreline approval as of September 23rd, including a site plan that was
prepared after the Planning Board hearing in this case on August 28th, that was marked approved
by the County on September 23rd, which is Monday. And if you have any familiarity --
Commissioner Teele: Excuse me.
Mr. Shubin: -- with how hard it is to get a document out of the County --
Commissioner Teele: Hold on. I opened this Pandora 's Box. Let me tell you where we are
right now. Counsel is putting on her case. You interviewed one witness or cross-examined one
witness. She still has other witnesses to put on.
Mr. Shubin: She's closed.
Commissioner Teele: The Commission has voted already not to give you the deferral. OK. So
rather than fighting this issue out, what I want to make sure that I'm on the record on is the
following. And this is where I'm in agreement with Commissioner Regalado. You need to make
the record complete and not just the portion of the record that looks good for your client, because
this is not -- this is a factual matter. This Commission, in these proceedings, since August, has
shut down City Hall for renovations. The Commission has not met at City Hall since July, and
we do not intend to meet, or we do not appear to be meeting there, until January, in my mind,
maybe somebody else has got a different view. The notice provision that you're complaining
about only relates to the venue. It doesn't relate to the date or the time or the subject matter. It
only relates to one -- I'm talking now about the complaint about the Lyric Theater. And the only
thing that I want to be on the record -- because this is a record -- is so that if anyone that reviews
this understands this is not an arbitrary or capricious act that was done for the purpose of
frustrating due process or your client, and I think you can stipulate to that.
Mr. Shubin: Absolutely. Intent is not a requirement for whether or not something should be
deferred. Commissioner Teele, you and I have known each other across the podium for a long
time. You've sat at countless Commission hearings.
Commissioner Teele: Don't remind me.
Mr. Shubin: Let's accuse the County, where the notice says 152 Palm Street, as opposed to 151
Palm Street. That's not intentional. That's not arbitrary. That's not capricious. Nobody was up
97 September 26, 2002
to any monkey business, but it's typically said, notice -- there needs to be strict compliance with
notice. And you always try to do your best to make sure that people know where they need to
be, when they need to be there, what the items say. So no one is ascribing any evil intent to what
happened; to the contrary. That's not relevant. All we're bringing to everyone's attention -- and
it's just for the record -- it's not the primary basis for the deferral. The basis for the deferral is
the plans that were received this morning. In anticipation of that, we hired Mr. Luft. Mr. Luft,
you may know, is an expert witness. We are not going to put on expert witnesses that don't have
a chance to review plans. These plans were never part of the Planning Board's submission. We
think they altered the MUSP. And I think, if you all remember the Atlantis case, for example,
that was the issue. That during the period of time in which the hearing was going forward, plans
changed and the public didn't have the opportunity to adequately prepare themselves. No one
did anything wrong. We're not accusing anyone of doing anything wrong. The problem is, you
want as fair a fight as possible. And I think that that's an important consideration here. And so,
no one is ascribing any evil intent whatsoever, but notwithstanding that, I am not waiving any
notice issues that we have with respect to this application.
Ms. Dougherty: Mr. Chair, I just want to --
Vice Chairman Winton: Ms. --
Ms. Dougherty: -- point out one quick thing.
Chairman Regalado: Wait a minute. Wait a minute. Commissioner Winton.
Vice Chairman Winton: Go ahead, because I want to ask the Planning Director a question before
we move to the next. So go, please.
Chairman Regalado: Lucia.
Ms. Dougherty: I also had a concern about the notice, so the City Attorney assured me that this
was proper notice, especially since -- if you go to Booker T. Washington, you'll see a notice on
the doors telling you to come here. So the venue is also something that is easily ascertainable by
anybody who may have been confused and went to the wrong venue. And in terms of when they
could have hired an expert, we met with them on September the 10th. That's, you know, literally
two weeks ago or more that we met with them, and they could have hired an expert prior to this
time and been prepared for this hearing.
Mr. Shubin: And these plans were never shown to us.
Ms. Dougherty: These plans -- I have to clarify that on the Shoreline Review plans. The
Shoreline Review Committee approved this project three or four months ago. I have a member
of the Shoreline Review Committee who can testify. As a matter of procedure, after the
Shoreline Review Committee approves the plans, there may be some details that they wanted to
incorporate in it, and it just takes a long time for the Chairman to actually sign it. And it just so
happened the Chairman signed it within, I guess, this last week. But that's the process. And I'd
like Bill Rosenberg to testify.
98 September 26, 2002
Bill Rosenberg: I'm Bill Rosenberg, landscape architect on this project. I am on the Shoreline
Review Committee, so I do understand the procedure. I did recuse myself, and was not in the
room. Someone else made the presentation. It's not at all unusual for the Shoreline Committee
to review plans, make comments. The applicant takes the comments back, incorporates them in
the plan, submits them back to the staff for review. I've had occasion to sign applications
sometimes several weeks -- in fact, more than a month or two after they were submitted to the
staff, because the staff is trying to keep up with the paperwork. And, in some cases, the
Chairman just isn't available to stop by -- you know, it's all voluntary position -- to stop by and
sign the final order, and I'm sure that's what happened here. The plans were submitted on 8/28,
the final version, with the -- all the touches that were asked by the Shoreline to be made to the
plans.
Mr. Shubin: Let me just say, so that we don't drag this out, I'm just going to object to a
consultant on the applicant's team, who happens to be a member of the Design Review Board,
attempting to interpret the plain language of an ordinance and the plain language of a submittal
that is date stamped September 23, 2002, where the submission is August 28, 2002.
Vice Chairman Winton: Mr. Chairman.
Chairman Regalado: Yes, sir.
Vice Chairman Winton: I'd like to ask our Planning Director a couple of questions. This project
-- I think I heard testimony that -- where they stated that this project originally -- if they change
something here -- I guess they want 15,000 square feet of bonus.
Ms. Dougherty: Fifteen.
Vice Chairman Winton: Fifteen thousand square feet --
Ms. Dougherty: One five.
Vice Chairman Winton: -- of bonus. That's what I said. And if they didn't go for the 15,000
square feet of bonus area, they wouldn't have to go through the MUSP process; is that correct?
Ana Gelabert (Director, Planning and Zoning): Because they would be able to do it by right.
Vice Chairman Winton: And, by right, what height can you build on that site?
Ms. Gelabert: I believe, on that one, it's unlimited height.
Vice Chairman Winton: In that particular area?
Ms. Gelabert: In that zoning. Yes, it's unlimited.
99 September 26, 2002
Vice Chairman Winton: And how many units could you put into that building, by right, minus
the 15,000 bonus square feet?
Ms. Gelabert: I would need to go back and calculate based on the units and the square footage.
They vary on the square footage size, so it would just math of being able to remove, and what
does that mean in units. They have an average of 2,000 and some square feet for some units,
1400 on the smaller ones, and 2600 on the penthouse.
Vice Chairman Winton: And so, the challenge --
Ms. Gelabert: So it would be a matter of being able to reduce that --
Vice Chairman Winton: If you wanted to stuff a bunch of one -bedroom units in there, and you
would have some parking challenges, but you could certainly put -- could you put more than --
how many units is this?
Ms. Gelabert: OK. Right, because --
Ms. Dougherty: Thirty-six.
Ms. Gelabert: -- on the math right now, they would just have to reduce it and just make the
smaller units.
Vice Chairman Winton: So -- and John, I see you shaking your head, but I've been through this
a lot already, and here's -- I would like to hear from the neighbors, but I think you've got to give
them a message from us, as well. And we've been through a lot of these in the three years.
There's been a lot of development going on in this City, and we're not very enthusiastic about
people coming to us because their view got blocked. You know, that's the nature of the beast.
That's the way the system works. They block somebody else's view when they built, so the
argument that "my view is getting blocked" is -- doesn't go very far.
Mr. Shubin: I assume you're speaking abstractly and not with respect to this application.
Vice Chairman Winton: Abstractly, absolutely, not with respect to this application. So -- but my
point here is this. That is that if that happened to be the principle issue here with all of the
neighbors, then it's probably going to be a challenge here.
Mr. Shubin: Well, we accept the challenge. I mean, we do. There are a lot of deficiencies with
this, and I can go through and expose a lot of problems, and I'm not just talking about the
constitutional deficiencies in the underlying ordinance or in the bonuses that are being relied
upon, but in this application itself. There are a lot of problems with this application. It's
basically putting a high rise building in a half -acre lot. And if that's not self-evident as to what
the problems are in a community where it's adjacent to duplexes on a cul-de-sac --
Vice Chairman Winton: Well, excuse me. But the property that you're representing is adjacent
to what?
100 September 26, 2002
Mr. Shubin: The property that we represent is approximately --
Vice Chairman Winton: And what did they tear down when they built it?
Mr. Shubin: -- fifteen times the size of this particular lot. And if one of the issues is
compatibility for high rise buildings, one should certainly look at the lot size, as Mr. Revuelta
said in front of the Planning Board. Mr. Revuelta, even though he voted for the application at
the Planning Board, expressed concerns that one of the issues is that if you look at the floor --
yes, the Hamilton is a big building. It sits on a huge lot.
Vice Chairman Winton: Adjacent to single story duplexes --
Mr. Shubin: In some cases, yes.
Vice Chairman Winton: -- that were there long before the Hamilton got built.
Mr. Shubin: I assume you have not prejudged this application, Commissioner Winton, because
we haven't started our presentation yet. And I don't mean to get argumentative with you,
because I have tremendous respect for your expertise, but by the same token, I think that there
are -- I understand that the City is concerned about what they believe to be frivolous challenges,
and I can tell you, sir, that -- and I have done this for close to 13 years, and never once have we
been accused of submitting a frivolous challenge. Our track record speaks for itself. Our track
record against the City of Miami and the City of Miami's Attorney's Office speaks for itself. We
do not bring frivolous challenges. And when you hear the substance, if you want to hear the
substance, you will understand what the problems are in this application.
Vice Chairman Winton: Mr. Chairman.
Chairman Regalado: Yes, sir.
Vice Chairman Winton: You know, I'm simply one vote here, but it seems to me that somebody
is going to hear these challenges one way or another, and I'm not sure that we shouldn't be the
one to hear the first round of challenges, because I'm assuming there's going to be, from what
I'm -- I'm assuming there's going to be a whole series of challenges. And, given that, I think we
probably ought to hear the first round of challenges, and send this where it's -- wherever it may
go. So, I guess that I would make a motion to -- the motion I want is to bring it back to the next
PZ --
Chairman Regalado: The what?
Vice Chairman Winton: Oh, I'm talking to City Attorney because I don't know. I'd like to
make a motion to bring this very issue back to the next P and Z Commission meeting, so that the
public could be noticed again, and they could come and say their piece and we're going to move
on.
101 September 26, 2002
Mr. Wysong: Right. The City Attorney's position on the notice is -- obviously it's a due process
argument, notice opportunity be heard. The City's position, as articulated earlier by the City
Attorney, is that notice was proper; otherwise, we would have recommended the pulling of the
item. And, in fact, the opponents are here. So it's very difficult to waive notice when you're
here. But --
Unidentified Speaker: That's not accurate.
Ms. De La Camara: If -- I just have one final point.
Vice Chairman Winton: Excuse me.
Ms. De La Camara: Excuse me for interrupting, Mr. Vilarello.
Chairman Regalado: Wait, wait, wait, wait.
Vice Chairman Winton: I think you are interrupting.
Chairman Regalado: One second. One second. One second. We got a Commissioner making a
motion here. He just asked some questions to the City Attorney. You done, City Attorney?
Mr. Wysong: Well, I was just going to say the main point here is that it's your discretion as to
what you want to do.
Chairman Regalado: OK.
Mr. Wysong: But notice --
Chairman Regalado: Mr. Vice Chair, you want to make a motion for --
Vice Chairman Winton: Am I deferring or continuing? Or what am I doing here?
Chairman Regalado: You are continuing.
Mr. Wysong: Right.
Chairman Regalado: But let me --
Mr. Wysong: Well, if you continue it --
Chairman Regalado: Let me be very clear so we don't have this notice fiasco or implying that
we made a mistake. It is -- we have a meeting for PZ items on the 24th. However,
Commissioner Teele may be out of town and he wanted to address that date. So why don't we
do this now so they'll go -- unless there is a hurricane or an act of God or something, we'll have
the hearing on a time certain. Commissioner Teele, you had some problems with the 24th
102 September 26, 2002
Commissioner Teele: Yes. I mean, respectfully, I would just ask that we consider moving the
meeting of the 24th to the 31st, but you know -- that's seven days later, right? That's Halloween,
isn't it?
Chairman Regalado: Well --
Commissioner Teele: That could make for some interesting business.
Unidentified Speaker: I'll take off my mask.
Commissioner Teele: You'll take off your mask? But, again, I don't want to inconvenience
anyone's schedule. But I do think one of the things that needs to be done very clearly, Mr.
Attorney and Madam Clerk, is that we really need to put a permanent notice in the newspaper
that just says that the City is having temporary and to please consult with and call and email, you
know, to confirm all in case -- because, you know, we're at the mercy of everyone else, and
there's no need to not -- just make the public aware of it. This is going to come up again and
again. We go to school or something. Something may not be available.
Vice Chairman Winton: The 31st works for me.
Commissioner Teele: Huh?
Vice Chairman Winton: The 31st works for me.
Commissioner Teele: Any meetings between now, until we go back to City Hall --
Vice Chairman Winton: Yeah, exactly.
Commissioner Teele: -- we just ought to do a template and then just list that, because we're just
going to keep hearing this. Maybe -- I mean, I'm all for moving these meetings around, but you
know, we probably ought to go to the Tower Theater and sort of stay there. Is that where we
were?
Chairman Regalado: No, the Artime.
Commissioner Teele: The Artime.
Vice Chairman Winton: Artime.
Chairman Regalado: Asa matter of fact, let me just say that --
Commissioner Teele: We do own that.
Chairman Regalado: We do own that. But let me just say that we should now try to make a
change from the 2e, because there was an event at the Artime that we're trying to cancel. We
do not want to interfere with those people that had already booked the theater.
103 September 26, 2002
Commissioner Teele: On the 24th?
Chairman Regalado: On the 24tH
Commissioner Teele: Oh, so you just --
Chairman Regalado: So -- and we do need the Artime because we have -- Commissioner
Gonzalez has a public hearing in his district, and we're probably going to have many --
Vice Chairman Winton: A lot of people.
Chairman Regalado: -- residents. So we're going to do this at the Artime. So now, we need to
decide whether you wanted to do it the next Thursday or Tuesday. It's up to the City
Commission.
Vice Chairman Winton: Well, Thursday, the 31st, works for me. And Tuesday, the 29th, works
also.
Commissioner Gonzalez: I don't have any problems with either one of the dates.
Commissioner Teele: I would prefer the Thursday.
Vice Chairman Winton: OK.
Commissioner Teele: I would move that the meeting currently scheduled for the 24th of October
be rescheduled to Thursday, the 31st, at the --
Chairman Regalado: Manuel Artime, 900 Southwest 1st Street, Miami, Florida 33125.
Commissioner Gonzalez: Second the motion.
Vice Chairman Winton: Call the question.
Commissioner Sanchez: That's Halloween.
Chairman Regalado: OK. Halloween night.
Commissioner Sanchez: That's --
Commissioner Teele: We'll have a party.
Commissioner Sanchez: At what time?
Commissioner Teele: Nine o'clock.
104 September 26, 2002
Ms. Dougherty: This item will be heard.
Vice Chairman Winton: Oh, we've got to take our kids trick or treating.
Commissioner Sanchez: Yeah, I've got to take my kids trick or treating.
Chairman Regalado: Well, let me -- that's why I mentioned Tuesday.
Commissioner Teele: Then let's go to Tuesday.
Chairman Regalado: Because --
Vice Chairman Winton: Yeah.
Chairman Regalado: Let me say this.
Vice Chairman Winton: Yeah, then Tuesday.
Chairman Regalado: That meeting is going to be a very long meeting.
Vice Chairman Winton: So we ought to do it Tuesday, because we'll get killed.
Commissioner Teele: All right. Then I would amend my motion to Tuesday, the 29th, at the
same location, same time.
Commissioner Gonzalez: Second, as amended.
Chairman Regalado: Tuesday, the 29th of October --
Vice Chairman Winton: Call the question.
Chairman Regalado: -- at Manuel Artime. All in favor say "aye."
The Commission (Collectively): Aye.
105 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1067
A RESOLUTION OF THE MIAMI CITY COMMISSION CHANGING THE
DATE OF THE SECOND REGULAR CITY COMMISSION MEETING OF
OCTOBER, CURRENTLY SCHEDULED FOR THURSDAY, OCTOBER 24,
2002, COMMENCING AT 9 A.M., TO TUESDAY, OCTOBER 29, 2002,
COMMENCING AT 9:00 A.M. AT THE MANUEL ARTIME CENTER
LOCATED AT 900 SOUTHWEST 1 STREET, MIAMI, FLORIDA.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Winton: So my motion is to continue PZ -2 to that particular meeting date, and I
would like to request the City to send a notice out through the same noticing that they regularly
do, even though this is a continuance. It doesn't require notice.
Commissioner Teele: Second.
Chairman Regalado: OK. We have a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1068
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED MAJOR USE
SPECIAL PERMIT FOR THE CONSTRUCTION OF THE SKYRESIDENCE
PROJECT AT APPROXIMATELY 640 NORTHEAST 34TH STREET TO THE
COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 29,
2002.
106 September 26, 2002
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Winton: And may I say one more thing?
Chairman Regalado: Yes.
Vice Chairman Winton: And that's to the applicant and the opposing side here. Mr. Shubin,
you've seen us do this drill a number of times in the past few years, and so we're really
expecting that y'all are going to get together in good faith and work towards getting the
appropriate compromises so that we don't have to deal with a ton of stuff on the 31st
Mr. Shubin: We will do our best. And, just for the record, let me also say that that date is fine
with me. And we waive all of our previously made objections. We will be prepared and ready
to go if we cannot amicably resolve this matter.
Vice Chairman Winton: Thank you.
Ms. Dougherty: Mr. Chairman, I just want to put one thing on the record. Mr. Shubin --
Chairman Regalado: Yes.
Ms. Dougherty: Jack Luft is our consultant in other projects WSG, so I just want to put that on
the record. So in case you change consultants, you'll know now.
Mr. Shubin: That's between you and Mr. Luft, and you all can resolve it.
Chairman Regalado: OK.
Ms. Dougherty: Thank you, Commissioners.
107 September 26, 2002
25. FIRST READING ORDINANCE: AMEND SECTIONS 2-1201 AND 2-1203 OF CITY
CODE ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS,
HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD, TO (1) REQUIRE THAT PROJECTS IDENTIFIED BY
ADMINISTRATION ALSO BE MONITORED BY BOARD; (2) EMPOWER BOARD TO
REQUIRE CITY OFFICIALS, VENDORS AND CONTRACTORS RECEIVING
COMPENSATION TO APPEAR BEFORE BOARD; AND (3) REQUIRE THAT ALL
PROJECTS REQUIRING COMMISSION APPROVAL AND USING ANY FUNDS
DERIVED FROM GENERAL OBLIGATION BOND SHALL BE FIRST SUBMITTED TO
BOARD FOR ITS REVIEW.
Chairman Regalado: Oversight.
Vice Chairman Winton: What item is this, Mr. Chairman?
Chairman Regalado: This is a request from the Bond Oversight Committee for a brief
presentation to the City Commission.
Gary Reshefsky: Good afternoon, Commissioners. Gary Reshefsky, 2951 South Bayshore
Drive. Here today on behalf of the Bond Oversight Board and our chairman, Mr. Flanders. I
want to first thank you all for your appointments to the board; that we have a very hard-working,
enthusiastic and diverse group working this summer. We've had several meetings throughout the
summer. We've formed two committees so far, an audit committee and a public relations
committee. We're working on a website to publicize the projects that were approved by the
voters last November, and we've been meeting with staff all summer on the projects that you all
selected through the referendum to be implemented over the next several years. We'd like to be
a tool for you as an oversight committee and the citizens to focus exclusively on monitoring the
projects and the funding that's been allocated for these projects. We will be giving you all
periodic reports throughout and our committee voted to come before you to ask for some
changes to the enabling ordinance so that there was a little more specificity, a more specific
ordinance that would govern us. I'd like to introduce David Marko who is also on our
committee, who will talk about the changes that are in your package under item number 14.
David Marko: My name is David Marko, 620 Southwest 26th Road in Miami. Again, thank you
for giving us the opportunity to do some work for the community. The ordinance that you
passed, the bond oversight, the audit committee made recommendations to the board and the
board unanimously approved some changes to be submitted to you all for consideration that
essentially revolve around two points. One of them is to give effect to our belief of your
intention that all issues come before the board for a nonbinding recommendation for
consideration by the City. The second one is that at the other end of the process, the policing
side of the process, to make sure that the board is empowered to require officials as well as
entities which are receiving any funds from the board to answer questions for the board to be
sure that the money is being used in a way that again that you intended it to be spent. The own
deriving principle that we are obedient to of course is that we do not set policy and the
Commission does, and that is the reason that it is a non-binding recommendation and at some
108 September 26, 2002
point I've spoken to at least one of you about the need for you all to create some vision for us as
to what your intentions are, because it is our desire to be strictly obedient to that and apply your
belief of what the goals of how money should be spent by making recommendations specifically
on proposals that -- are brought before us and that are those are the changes.
Chairman Regalado: I think -- well, I think that it's fair. What you are asking is only fair, is
necessary. The only thing that don't agree is something that we don't do is just to have vendors
come before the Commission. That is the process that is through a bid process, and we don't get
involved with that; we just approve. I think that the vendors issue, because you know, you
should have the power to bring City officials and of course groups that will be getting -- suppose
that the museum get some funds. They have to come to you. Suppose that the police, like they
did, want to do this thing; they have to come before you. The vendors, I don't know. I think
you're getting into a very difficult -- because you know you're going to have board members
saying why you charging us this and why something like that.
Mr. Marko: I'm paying the penalty for not being clear. The desire for the board to want to
communicate with those parties that are the recipients of the funding is after the process in a
monitoring process which is one of the components of the ordinance itself is to monitor that the
money is being spent in such a way that you, when you ultimately authorize expenditures,
intended it to be done.
Commissioner Sanchez: Mr. Marko, just for the point of clarification, you're not involved in the
process of procurement. In other words, what you're asking is let the board be able to, after the
project has been awarded, whoever's doing the work, that you will be able to communicate with
them to find out the process, what's been going on or how things are going wrong; that's what
your basically asking.
Mr. Marko: That is exclusively what it has to do with.
Chairman Regalado: OK, no problem. I don't see any problem. Do we have a motion to
approve this?
Commissioner Sanchez: Motion to approve.
Chairman Regalado: We have a -- yes? Who is that, Frank?
Frank Rollason: Mr. Chairman, the one concern that the Manager expressed again is back to the
word of require and subsection 4 of 1201 and the wording says, "including the power to require
City officials and vendors," and his recommendation is that word "require" be changed to
"request." I know that changes the intent that they have, but he would like that changed to
request, if there is no objection from the board.
Commissioner Sanchez: Is there any objection to the --?
Mr. Marko: That's fine with the committee.
109 September 26, 2002
Commissioner Sanchez: OK. I would move it, as amended.
Vice Chairman Winton: Second.
Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Ms. Thompson: It's a first reading ordinance.
Commissioner Sanchez: It's an ordinance, roll call.
Chairman Regalado: No, read the ordinance.
Ms. Thompson: It's a first reading ordinance, so the City Attorney would have to read it.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMMENDING
AMENDING CHAPTER 2, ARTICLE XI, DIVISION 14 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS,
HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
PROGRAM OVERSIGHT BOARD, TO (1) REQUIRE THAT PROJECTS
IDENTIFIED BY THE ADMINISTRATION ALSO BE MONITORED BY
THE BOARD; (2) EMPOWER THE BOARD TO REQUEST CITY
OFFICIALS, VENDORS AND CONTRACTORS RECEIVING
COMPENSATION TO APPEAR BEFORE THE BOARD; AND (3) REQUIRE
THAT ALL PROJECTS REQUIRING CITY COMMISSION APPROVAL
AND USING ANY FUNDS DERIVED FROM THE GENERAL OBLIGATION
BOND APPROVED NOVEMBER 13, 2001, SHALL BE FIRST SUBMITTED
TO THE BOARD FOR ITS REVIEW AND NON-BINDING COMMENT;
MORE PARTICULARLY BY AMENDING SECTIONS 2-1201 AND 2-1203
OF SAID CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
110 September 26, 2002
was introduced by Commissioner Sanchez, seconded by Commissioner 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.
Commissioner Sanchez: When is your next meeting?
Mr. Reshefsky: We're having an audit committee meeting tomorrow afternoon.
Commissioner Sanchez: When is your next regular meeting? I'd like to attend.
Mr. Reshefsky: We would absolutely let you know, it's in October.
Commissioner Sanchez: OK. I'd like to go in front of your board. Thank you.
Chairman Regalado: We pause the City Commission meeting for a CRA (Community
Redevelopment Agency) meeting that was called fro 4 p.m. We're a little late. We'll come back
after the CRA to the budget public hearing.
At this point, the City Commission recessed its Planning & Zoning meeting at 4:54 p.m. to
convene the meeting of the Community Redevelopment Agency.
111 September 26, 2002
MINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY FOR
SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS
On the 26th day of September 2002, the Board of Directors of the Community
Redevelopment Agency for the Southeast Overtown/Park West and Omni Districts of the City of
Miami met at the Lyric Theater, 819 Northwest 2 Avenue, Miami, Florida.
The meeting was called to order at 4:54 p.m. by Chairman Arthur E. Teele, Jr., with the
following Board Members found to be present:
Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
ALSO PRESENT:
Carlos A. Gimenez, City Manager, City of Miami
Robert Nachlinger, Assistant City Manager, City of Miami
Frank Rollason, Assistant City Manager, City of Miami
Alejandro Vilarello, City Attorney, City of Miami
William R. Bloom, Special Counsel, CRA, City of Miami
Priscilla A. Thompson, City Clerk, City of Miami
Sylvia Scheider, Assistant City Clerk, City of Miami
Annette Lewis, Executive Director, CRA, City of Miami
Anna Medina, Chief Deputy Clerk, City of Miami
112 September 26, 2002
26. ADOPT PROPOSED OPERATING AND TIF BUDGETS FOR SEOPW/CRA FISCAL
YEAR ENDING SEPTEMBER 30, 2003.
Chairman Regalado: OK. I'm now passing the gavel to CRA (Community Redevelopment
Agency) Chairman, Arthur Teele.
Chairman Teele: Mr. Chairman -- Frank, could you let Ms. Lewis get there? There's a
document, I hope, that's been passed out that says "Order of the Day," items 7, 8, 9, 10 and 11.
The following items are withdrawn, item 12 and 13. And the other items to be taken up -- have
they passed this out?
Annette Lewis (Executive Director, CRA): (INAUDIBLE)
Chairman Teele: The issue of the moment, of course, is that the budget of the Board, which has
been reviewed, I think, by most of the members, is up for some consideration and discussion. It
certainly can be amended, but we do need to do a Performa budget based upon our requirement
to transmit something over to the County by October 1. Ms. Lewis, would you outline item
number 7, please?
Ms. Lewis: Number 7.
Chairman Teele: You're going to have to speak into the mic.
Ms. Lewis: Yes, sir. Item number --
Chairman Teele: Is it on?
Board Member Regalado: No, it's not on.
Chairman Teele: Is she on?
Board Member Regalado: No. Touch that button. OK.
Ms. Lewis: Item number 7 represents the CRA budget. The format has changed -- or I've
changed the format to separate out what I'm referring to as the operating budget, separately from
the TIF (Tax Increment Fund) budget. What the operating budget has this year, that you'll see, is
a breakdown of the general funds -- CRA general operating, which represents two hundred and
seventy-nine thousand dollars ($279,000) -- 279,488 from the City of Miami, as well as the
379,900. And the balance will be taken from the TIF to contribute to CRA operations, not
exceeding 20 percent of the TIF.
Vice Chairman Winton: Annette, excuse me.
Ms. Lewis: Yes, sir.
113 September 26, 2002
Vice Chairman Winton: I'm not following you. Are you at a page that you're reading this from,
or are you --
Ms. Lewis: That's under --
Vice Chairman Winton: -- just off the top.
Ms. Lewis: --item 7-A.
Vice Chairman Winton: Seven -A.
Chairman Teele: Ms. Lewis.
Ms. Lewis: Yes, sir.
Chairman Teele: The 399, what is the source of those dollars?
Ms. Lewis: The source -- current source is CDBG (Community Development Block Grant), sir.
Vice Chairman Winton: Commissioner Teele, I'm totally lost. Can you help bring me back --
show me where we are, so I could follow this?
Chairman Teele: Ms. Lewis, can you come around and just show him where?
Ms. Lewis: Actually -- wait a second. He is on the right page.
Vice Chairman Winton: It's in this stuff, huh?
Ms. Lewis: No, no, no. There you are. That's the operating budget.
Vice Chairman Winton: OK. So this is the operating -- 399. I don't even see a 399.
Ms. Lewis: Here.
Vice Chairman Winton: If I find the 399, I'll know where you are.
Ms. Lewis: Going back to the operating budget, you'll see from general fund there's a total of
666,688. That 666,688 is made up of 279,488 from City of Miami's non -departmental account,
and 379,900 from Community Development dollars. And there is sixty thousand dollars
($60,000) in interest based on the cash balances. So that's where that 666,688 -- that's a
derivation of that.
Chairman Teele: Just for the record, I have a substantial difference of opinion on this aspect, as
it relates to the interlocal agreement, as it relates to what had been negotiated. And I hope the
Manager is around. Because what is being interpreted now is clearly not the way the budget was
formulated in the past years. And the 399 -- I'm just going to tell you right now. No City
114 September 26, 2002
employee is going to be paid out of Community Development funds, as long as I'm here. And it
gets back to the whole issue, as stated in the interlocal agreement. The interlocal agreement is
very, very clear, Ms. Lewis, that no City employee should be paid from the CDBG. And I don't
want to hear the arguments about "it may be permissible." I think there's an equal argument that
it may but -- or it may not. The problem that I have is, if somebody comes back and does an
audit and says that it's not, you have now expended over the 20 percent cap on administration.
And the interlocal agreement, on the four corners of the agreement, said that City employees
would be reimbursed. And why the City management is now interpreting that the City
employees -- this only relates to City employees -- that they would be reimbursed as a separate
schedule. And they cannot, in my opinion, be paid from the CDBG dollars, even though if this
were not a public agency -- if this were a private agency, they could be, because they would be
then clearly operational employees or program employees. But I think, you know, you're
already at the 20 percent cap and this is the old business of the way it was when we first got here.
You had all these people. You had over seven hundred thousand dollars ($700,000) of people
being paid City employees. And I told them then, I'm not going to support that.
William Bloom (Special Counsel, CRA): Commissioner, if I can clarify. This morning there
was a meeting with representatives from the City Attorney's Office and from the County
Manager -- City Manager's office regarding this issue. Clearly, the interlocal agreement
provides that CDBG funds cannot be used for administrative expenses. Based upon the
interpretation of the agreement, which we all agreed to, the three hundred seventy-nine thousand,
nine hundred dollars ($379,900) that's provided for in the interlocal agreement cannot come
from the CDBG funds, but they have to come from other funds from the City.
Chairman Teele: Other City funds.
Mr. Bloom: Correct.
Chairman Teele: So this is an issue -- let's just take it back up later on. But I just want to be
very clear on the principle. And, I think, Frank, you can appreciate what I'm saying. We pay,
under the law, the first percentage that's done every year, when we get our CD (Community
Development) allocation, is 20 percent to pay for staff, OK. By agreement, we're saying early
on that no City employees would ever be paid from CD, because the CD Department has already
used that. Now you can make a strong argument -- anyone can -- that City employees, at the
CRA, are not administrative. They are program. They're operational. They're this. OK. But
that's an argument I don't want to put the whole City program on. It was agreed to, in the
interlocal agreement, that the City employees would be reimbursed by a different schedule up to
399. I think the --
Ms. Lewis: Well, actually, sir, that section reads that for operating costs, including salaries and
benefits of City employees designated on an exhibit, other staff personnel contracted or directly
by the CRA for an amount of three seventy-nine nine for the base year, which was 1999, sir --
fiscal year '99, sir.
Chairman Teele: If you go back and look, you'll see that we got a separate base year allocation
over and above the CD dollars. And all that I'm saying is one simple thing: We should not put
115 September 26, 2002
the whole CD program, again, in jeopardy by paying City employees out of CD funds that are
not --
Ms. Lewis: Program.
Chairman Teele: -- a part of the administrative. Any City employee over here should not be
paid by CD, as far as I'm concerned.
Vice Chairman Winton: And didn't our legal counsel just tell us that they now -- that they had a
meeting this morning, sorted that out, and everybody's in agreement?
Chairman Teele: It's not in a budget, though.
Mr. Bloom: Yes.
Vice Chairman Winton: Isn't that what I heard?
Mr. Bloom: That's correct.
Ms. Lewis: Well, sir, I do have the three seventy-nine nine flowing into the budget -- into the
CRA's budget. But this -- our interlocal agreement --
Chairman Teele: Ms. Lewis, I'm not taking exception --
Ms. Lewis: OK, sir.
Chairman Teele: -- from the CD 379 going into the budget. The problem is, there's another
number that's missing, and that is the number, based upon the schedule of City employees, of
City employees, that are to be reimbursed over and above the 279. But we'll work it out at a
later date. I want the Board to be aware of it.
Ms. Lewis: And for the record, the three seventy-nine nine was not necessarily the CD number.
That was the base year number for the City employees and operating for the CRA, sir.
Chairman Teele: I understand that.
Vice Chairman Winton: OK. Moving right along on the budget.
Ms. Lewis: OK.
Chairman Teele: The important thing about this budget, in a nutshell, in my opinion, is that four
years ago the TIF generated a hundred and forty-eight thousand dollars ($148,000). Today, the
TIF is generating how much money, Ms. Lewis?
Ms. Lewis: Between both the Omni --
116 September 26, 2002
Chairman Teele: No, no, no. Southeast Overtown.
Ms. Lewis: Southeast Overtown/Park West, the estimate is two point six million, sir.
Chairman Teele: It's two point six. And, therein, I think, is the real issue that represents
tremendous success. This number is a staggering number by all economic models. If you can
double your TIF in four years, you're doing great. And we've done this primarily in support --
with the support of the City staff by working through the re -- in looking at the assessed values.
We've had property that's been in the -- on the CRA books -- the City books, that has a value of
eight and nine dollars ($9) a square foot and ten dollars ($10) a square foot, that is now on the
property rolls for a hundred and forty and a hundred and fifty dollars ($150) a square foot. But
the caution here is, in my opinion, Commissioners, this is the top of the line, and from here it's
got to -- there's not going to be anymore 30 percent --
Vice Chairman Winton: (INAUDIBLE)
Chairman Teele: -- yield, unless we bring in development, and development takes two to three
to four years. There ain't a whole lot of other rebooking of property costs that can be done. And
that was one of the discussions that I had with the Mayor and his staff, in terms of making sure
that the realistic projections of future years are not at 30 and 20, for that matter. I think it's more
going to be like five to seven percent.
Ms. Lewis: Well, we were a little bit more aggressive in our five-year with --
Chairman Teele: Nine percent.
Ms. Lewis: Well, a little bit more than that. But on the third year, it was 10 percent and the
other two was five percent, sir.
Chairman Teele: Further questions about the -- item number 7.
Vice Chairman Winton: Well, what's the entire question on 7? Is that just Southeast
Overtown/Park West?
Ms. Lewis: That's just Southeast Overtown/Park West.
Vice Chairman Winton: Got it. OK. Clear.
Chairman Teele: Motion.
Board Member Sanchez: So moved.
Board Member Gonzalez: Second.
Chairman Teele: Objections? All in favor, say "aye."
117 September 26, 2002
The Board Members (Collectively): Aye.
The following resolution was introduced by Board Member Sanchez, who moved for its
adoption:
RESOLUTION NO. SEOPW/CRA 02-146
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) ADOPTING THE PROPOSED OPERATING AND TIF
BUDGETS FOR SEOPW/CRA FISCAL YEAR ENDING SEPTEMBER 30,
2003 AND AUTHORIZING ITS TRANSMISSION TO THE CITY OF MIAMI
AND MIAMI-DADE COUNTY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
27. ADOPT PROPOSED OPERATING AND TIF BUDGETS FOR OMNI/CRA FISCAL
YEAR ENDING SEPTEMBER 30, 2003.
BRING BACK AT NEXT CRA BOARD MEETING RECOMMENDATION FOR HIRING
SPECIFIC DESIGN CONSULTANT TO COORDINATE ISSUES PERTAINING TO
PERFORMING ARTS, MOTION PICTURE AND MEDIA DISTRICT.
Chairman Teele: Item number -- is it 7-A or 8? Item number 8.
Board Member Sanchez: No, it's 7-A.
Chairman Teele: Seven -A?
Annette Lewis (Executive Director, CRA): We should do "B," sir, which is the Omni budget.
Chairman Teele: That was 7-A.
Ms. Lewis: Correct.
118 September 26, 2002
Chairman Teele: This is 7-B.
Ms. Lewis: Correct.
Chairman Teele: Motion, Commissioner Winton, please. Commissioner Sanchez.
Vice Chairman Winton: Hold on. But we ought to read the numbers into the record, just like
you did on the --
Chairman Teele: OK.
Vice Chairman Winton: -- in terms of --
Chairman Teele: Madam Director, would you read the numbers into the record, 7-13?
Vice Chairman Winton: I can't find the number.
Ms. Lewis: For the operating budget of the Community Redevelopment Agency, it's one
million, six eighty-nine, seven eighty-four. And for the Southeast Overtown/Park West, it's two
million, two sixty-two and 708, sir.
Vice Chairman Winton: No. But this is on --
Chairman Teele: OK. What he's saying is read the numbers to 7-13 into the budget, please.
Ms. Lewis: Seven -B. I'm sorry, sir.
Board Member Sanchez: All right. Seven -B.
Ms. Lewis: Seven -B.
Board Member Sanchez: CRA (Community Redevelopment Agency) proposed operating TIF
(Tax Increment Fund) budget for Omni CRA.
Ms. Lewis: That's three million, three twenty-six --
Vice Chairman Winton: What are you reading, Annette?
Ms. Lewis: The numbers -- the bottom line for the Omni budget.
Chairman Teele: Total revenues.
Ms. Lewis: Three million --
Vice Chairman Winton: Oh, it's proposed `03. OK. Got it.
119 September 26, 2002
Ms. Lewis: That's correct, sir. Three million, three hundred and twenty-six dollars and nine
sixty-nine [sic].
Vice Chairman Winton: Three million, three hundred and twenty-six thousand, nine hundred
and sixty-nine ($3,326,969).
Ms. Lewis: Nine sixty-nine.
Vice Chairman Winton: Is the total projected revenue for the --
Chairman Teele: For the Omni.
Vice Chairman Winton: For the Omni.
Ms. Lewis: Yes, sir.
Vice Chairman Winton: CRA. And so what do we have do? Do we have to approve that --
we're just simply approving this --
Chairman Teele: You're approving the budget, yeah. Right.
Vice Chairman Winton: So moved.
Board Member Sanchez: Second.
Chairman Teele: A point of record. It's important to note that the first million -- two or million
five?
Ms. Lewis: One million, four thirty, sir.
Chairman Teele: That the first one point four million dollars ($1,400,000), Michael Springs, is
an automatic deduction by interlocal agreement between the City and the County some years
ago, and that money goes for the Performing Arts Center. So while the numbers sound
somewhat impressive, half of that money is earmarked by agreement. This is the first year,
Commissioners, that there has been any operating money over and above the one point four
million dollars ($1,400,000) substantial. I think last year it was one point seven. What was it?
From the -- one point seven, yeah. One point seven. This is the first year that the Omni is
beginning to move forward, which raises several issues. The Omni budget, in my judgment, has
great potential for growth. And one of the things, Commissioner Winton, and with your
permission, Commissioner Regalado, I think it's very important that we set up a subcommittee to
look at potential projects in the Omni area now. I don't think we should let everybody who's got
ideas about what ought to be done just come in. I think we need to look at our plan. And I
would like to respectfully request that Commissioner Winton and Commissioner Regalado look
at that. I know that he's the culture (INAUDIBLE) the entertainment kind of person as it relates
to additional activities. The reason that I think we all can expect that the Omni TIF will go
120 September 26, 2002
through the roof, so to speak, will be very aggressive, largely has to do with Margaret Pace Park,
which is coming online, which is exciting everybody, and developers have already earmarked at
least one major project in the area with the 1800 Club and with Mr. Harlow. Now that the park
is moving -- is really bringing about fruition, has indicated to me publicly that he's prepared to
be very aggressive with building three additional buildings -- two additional buildings
immediately, in addition to the one where we've had the event there. So I think the Omni TIF is
going to be an exciting TIF, and the development is well under way. Commissioner Winton.
Vice Chairman Winton: And there's more to the west, Commissioner Teele. This isn't -- you've
got the high rise stuff to the east, but there's more stuff coming on the west side of Biscayne
Boulevard that a lot of attention is being paid (INAUDIBLE).
Chairman Teele: Right.
Vice Chairman Winton: You're right. It's very -- could be very exciting. And our objective, as
you just stated, is to get -- is to create a comprehensive plan or a master plan for that area that we
can then follow, as opposed to -- currently, you know, you listen to everybody's singular good
ideas. You know, singularly, reach of these ideas sound good, but they don't tie to a greater
whole. And so --
Chairman Teele: And that's why I think it's --
Vice Chairman Winton: -- we're kind of stuck.
Chairman Teele: Commissioner Winton, that's why I think it's very important. We have
identified three policy areas that we're looking at, the Jazz and Blues District, as a part of the
Omni, which we're waiting on the Planning Department to come back with. We've also
identified, as a high priority, the movie and entertainment area. And I would suggest and hope
that we should look at the art and culture activities as a follow on to the board meeting that we
had in Big Time Studios. And, Commissioner Winton, in my judgment, art and culture
activities, which could complement the Performing Arts Center, would be a great area to look at
some significant capital activity to stimulate -- we don't need to hold money. We need to use the
dollars to stimulate redevelopment in the area. And I'm really concerned about doing something
west of Biscayne Boulevard, because to date all of our activities are east of Biscayne Boulevard.
Vice Chairman Winton: And the more west you go, the closer it is to people who need jobs.
And, frankly, the stuff that you're going to do on the website, more times than not, is going to be
the kind of stuff of stuff that's going to create the jobs, as well. So I -- do we have consultants
working on different components of the plan -- of a plan over there? I've forgotten.
Chairman Teele: We do not have a consultant working on the Omni. We do have consultants
working on Park West Overtown -- Southeast Overtown/Park West. But, again, I think the
unique relationship, given the historic properties -- and I'm going to be very candid. I'm moving
forward -- in the bond issue, to move forward immediately with the fire station there. And I
think, you know, given the culture kinds of activities and the opportunities that are beginning to
be thought about and talked about, we should be in the lead and not react. And we should not
121 September 26, 2002
wait for developers to come to us and say, "This is what we want," because we know what we
want the Omni to be. We want the Omni to be a Performing -Arts -Center -driven culture movie
Mecca with a strong historic component.
Vice Chairman Winton: And see, I --
Chairman Teele: With housing.
Vice Chairman Winton: Yes, and I agree. We're in a really good position here, in that we --
unlike many of our areas, we don't know what we want -- we know what we want. But I think
we do need to bring the right kind of consultant to the table that's going to help us craft the
visual part of that vision, and somebody that can help us bring the people together that -- we
don't want the vision just being something that you and me create. We want this -- we want the
picture to be something that the community has had significant input into. The picture is going
to be really street level. That's where we're going to put our money. We're going to put our
money right on the street. And so, what that look is, I'm not sure I know exactly. And so, if we
have the right consultant bringing all of the neighbors together, and we're focused on those three
major economic engines, I think we could end up with something very quick that could be very
good.
Chairman Teele: Well, I would hope, at the next meeting, you all would come in with a
recommendation for a consultant from the list, the City, the County list, or the existing CRA, or
go out with a bid. But we shouldn't sit on it too long.
Vice Chairman Winton: That's a good -- so I'll make that motion, directing staff to --
Chairman Teele: Hold it one minute. On the motion that is before us, which had a motion and a
second, 7-B. That was a discussion on 7-B. All in favor say "aye."
The Board Members (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. OMNI 02-72
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING THE
PROPOSED OPERATING AND TIF BUDGETS FOR OMNI/CRA FISCAL
YEAR ENDING SEPTEMBER 30, 2003 AND AUTHORIZING ITS
TRANSMISSION TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY.
122 September 26, 2002
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
Chairman Teele: Motion by Commissioner Winton.
Vice Chairman Winton: To direct staff to bring back, to our very next CRA board meeting, a
recommendation for a specific consultant to be hired, that's on the City's approved list, that can
provide the services that I just described.
Board Member Sanchez: Second.
Vice Chairman Winton: That I hope I don't have to describe again.
Chairman Teele: Motion and second.
Board Member Regalado: Comment.
Chairman Teele: Comment by Commissioner Regalado.
Board Member Regalado: I think that it's important that we understand what we want and what
we have the opportunity of doing in that area, the Omni/Park West area. You know, today part
of Southwest 8th Street by Little Havana was closed because of "The Fast and the Furious." On
Friday there will be another closing on Second Avenue, between 62nd and 69, for "The Fast and
the Furious." What this means is that Hollywood is looking very seriously at the City of Miami.
And I know that the Mayor even went and met with the Disney people in Hollywood. And what
this means is that they would need cost production studios and sound studios. Let me tell you
something. The only way in, I guess, most of Dade County, that they will be able, without
spending millions, to build something is in the Omni/Park West area. Because you have this
warehouse with the high ceiling and that's what they need for light for studios. I've been -- I
tried to get an appointment with the CRA staff for a person that came from Venezuela.
Chairman Teele: Ms. Lewis.
123 September 26, 2002
Board Member Regalado: And I think that he's -- you gave him some time in October, or
something like that, to meet with that person. He is willing to bring to the Park West/Overtown a
studio.
Ms. Lewis: I met with him earlier this week, sir.
Board Member Regalado: You did?
Ms. Lewis: Yes, sir.
Board Member Regalado: OK. So that's the kind of person that we should attract. Because
people are now seeing that the movie industry is moving to Miami, and the movie industry is not
just filming on one street. It has a lot of components. They need to re -dub sounds or they need
some still pictures. They need a lot. And the only way that we can attract more of the film
industry is by bringing them -- saying, well, we have the post production studios in downtown
Miami. So, you know, I think -- hopefully, the consultants will do what they have to do. But I
think that we know what we want, and we should go out and be very proactive in looking for --
Board Member Sanchez: Mr. Chairman.
Chairman Teele: On the motion.
Board Member Sanchez: Mr. Chairman.
Chairman Teele: The motion to instruct staff to --
William Bloom (Special Counsel, CRA): Commissioner, before you call --
Board Member Sanchez: Mr. Chairman, before you vote.
Chairman Teele: Hold it. Commissioner Sanchez.
Board Member Sanchez: Just -- is this consulting going to be for the projects as to make sure
that the projects are cost certain, time certain?
Chairman Teele: No. This is to design.
Board Member Sanchez: Project certain.
Vice Chairman Winton: No. This is design.
Board Member Sanchez: To design. So it doesn't have to do with bringing in industries and
attracting new visitors? OK.
Vice Chairman Winton: Right. This is only a design.
124 September 26, 2002
Chairman Teele: It's sort of a theme and community --
Vice Chairman Winton: Yeah. And I'd like to make a clarification, because I said that I was
limiting the consultant to --
Board Member Sanchez: I just want to be specific on the consultant we're going to bring in. I
mean, you can't bring in a master -- a j ack of all trades and a master of none. I want to see what
Vice Chairman Winton: No, we're -- this is design.
Board Member Sanchez: Design. OK.
Vice Chairman Winton: And I said, specifically, that it had to come from the City's approved
consultant list, and I really don't want to limit it to that. You know, it could be from the
County's or, you know, whoever -- whatever list --
Chairman Teele: An approved list.
Vice Chairman Winton: -- approved list that we can use. I don't care whose list it is.
Chairman Teele: Further unreadiness? Discussion. All those in favor, say "aye."
The Board Members (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
OMNI MOTION NO. 02-73
A MOTION DIRECTING THE EXECUTIVE DIRECTOR OF THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA) TO BRING BACK AT
THE NEXT CRA BOARD MEETING A RECOMMENDATION FOR HIRING
A SPECIFIC DESIGN CONSULTANT, FROM A PROPERLY APPROVED
LIST (CITY, COUNTY, OR OTHER APPROPRIATE AGENCY), TO
COORDINATE ISSUES PERTAINING TO THE PERFORMING ARTS,
MOTION PICTURE AND MEDIA DISTRICT.
125 September 26, 2002
Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None.
ABSENT: None.
28. ADOPT CAPITAL PROGRAMS AND ACTIVITIES BUDGET FOR FISCAL YEAR
2003.
Chairman Teele: Item 7-C.
Annette Lewis (Executive Director, CRA): Item 7-C is staff's recommendation of the projects
and programs that we should pursue for fiscal year 2003. And if you look at each of the line
items, you'll see that we do have the update of the Omni Redevelopment Fund. Vice Chair
Winton, that's item 13. And, hopefully, in our negotiations with the Dade County School Board,
we can -- the way that project is being discussed is to provide some of the types of facilities that
the entertainment industry would need or would like to see, sir.
Vice Chairman Winton: Mr. Chairman.
Chairman Teele: Commissioner.
Vice Chairman Winton: I would like to move this item but I would also like to say that -- and
just make sure we're clear, I'm not sure I am. In moving this item, we're not allocating dollars
specifically in any of these projects, yet?
Chairman Teele: No. All of the -- let me put it this way. All of these items that are on here, to
my knowledge, have already been approved by the Commission. This is a budget item. This
does not appropriate any money for any projects. Any project here has got to comeback.
Vice Chairman Winton: And that's what I wanted to make clear, that all of these have to come --
Chairman Teele: Is that correct, Ms. Lewis?
Ms. Lewis: That is correct, sir. There are a few resolutions approving some of these projects
with dollar values, but --
Chairman Teele: I'm talking about this item right here. Item 7-C.
126 September 26, 2002
Ms. Lewis: I beg your pardon, sir?
Chairman Teele: Item 7-C. That's before us now. This does not have resolutions approving any
specific project. This is a resolution approving a budget.
Vice Chairman Winton: Well, it has projects in it.
Ms. Lewis: It has projects in it, some of which --
Chairman Teele: Budget projects.
Vice Chairman Winton: Yeah.
Ms. Lewis: Correct, sir.
Chairman Teele: But the projects themselves have to come back for a resolution, unless they
have already been approved by the Board.
Ms. Lewis: That is correct, sir.
Chairman Teele: So the question was, are there any new projects that are being added in here
that have not been previously approved, in one form or another, by this Board?
Vice Chairman Winton: Well -- and I'm sorry, Commissioner Teele. But as I looked at some of
these -- you know, the world is changing kind of fast in that area. And the reason I wanted to be
clear, in terms of whether or not we're -- and I knew that we weren't allocating dollars to these
projects yet, but this is just part of the budget for next year and these specific --
Chairman Teele: We're allocating, but not expending.
Vice Chairman Winton: That's right. And it will come back to us. And if the world has
changed significantly and we want to make modifications to any one of these projects or
reengineer it or even substitute something, we can still do that.
Chairman Teele: Absolutely.
Vice Chairman Winton: And that was what I wanted to make clear.
Board Member Gonzalez: Question.
Chairman Teele: Commissioner Gonzalez.
Board Member Gonzalez: OK. On this list of projects, we have what seems to be funded. I
hope that that's what it means, the "F." Funded, funded, funded, and partially funded, is that
correct?
127 September 26, 2002
Ms. Lewis: That is correct, sir.
Board Member Gonzalez: For the total of twelve million, one hundred and ten thousand dollars
($12,110,000)?
Ms. Lewis: As you see, sir, not every single item is fully funded. There are some that are
unfunded and some are partially funded, with a comment.
Board Member Gonzalez: Yeah. But most of them are -- according to this, most of them are
funded or partially funded.
Ms. Lewis: That's correct, sir.
Board Member Gonzalez: At the very bottom, you have three million dollars ($3,000,000), 11th
Street improvement; construction, three million dollars ($3,000,000) and funded; resurfacing,
three million -- five hundred thousand and funded. Another project is two and a half million
dollars ($2,500,000) and funded, and three million dollars ($3,000,000) and funded. That makes
a total of nine million dollars ($9,000,000). Now, this nine million dollars ($9,000,000), that's
supposed to be deducted from the twelve million dollars ($12,000,000)?
Ms. Lewis: No, sir.
Board Member Gonzalez: They are in addition of the twelve million dollars ($12,000,000)?
Ms. Lewis: It would be in addition to the twelve million dollars ($12,000,000). And, sir, that is
pending final authorization of the bond -- the balance of the bond issue, that was approved in
1990, of the ten point five million dollars ($10,500,000), which we need to go through that
process.
Board Member Gonzalez: In 1990?
Ms. Lewis: Correct. The 1990 bond -- special revenue bond issue for the CRA (Community
Redevelopment Agency), sir.
Chairman Teele: Because of the TIF (Tax Increment Fund) -- and this goes back to the --
because the TIF went negative -- you see, in 1990, everybody projected that by 1998, the TIF
would be generating four, five million dollars ($5,000,000), and so a bond issue was done. The
TIF went up -- and we have that -- and it went up as high as about five hundred, six hundred
thousand. It never really got to a million, did it?
Ms. Lewis: No, sir.
Chairman Teele: No. And then it crashed. And so what has happened over the last three years
is, we put the TIF back together. We've gone through what the property values -- all of the
property around everywhere that we have built anything, including the NAP (Network Area
128 September 26, 2002
Point), including the so-called parking lots. All of the property values have doubled or more
than doubled. And especially there on the -- in the club district in Park West. The values there
have not just doubled, but they are a multiply of about four. And we've heard from people who
are upset about their taxes going up and not getting service. And so one of the important things
in response to your question is, people who are now -- people who have property that haven't
made any improvements -- many of them have their taxes four times -- they want to see the roads
improved, for example, on 11th Street. They want to see better policing and dah, dah, dah, dah,
dah.
Board Member Sanchez: The surrounding merchants.
Chairman Teele: And the surrounding areas.
Vice Chairman Winton: And, Commissioner Teele, this probably isn't the appropriate time and I
would -- and just tell me if it isn't and we'll pick a later date. But it seems to me that with the --
with our TIF revenues climbing in both Park West and Omni, that we may be -- we may want to
have an in depth discussion soon about bonding out some of this capacity ourselves, so that we
could put this money to real work on projects on the street, where you could make a real
difference, particularly, in light of the fact that we've got real low interest rates still. So --
Chairman Teele: As you're aware, the Board -- you're absolutely right. The Board approved,
back in May, I think, or April, a resolution instructing the CRA to move forward with the bond
on the eleven million dollars ($11,000,000), which is where all of this is being predicated. And I
think the CR -- would you give us the update on that word? Have you met with the Assistant
Manager?
Ms. Lewis: Yes, sir, we have met, and we have discussed the options. And I've also informally
spoken with the County in terms of their position with the authorization --
Chairman Teele: Ms. Lewis.
Ms. Lewis: I'm sorry, sir.
Chairman Teele: When -- or if the Assistant Manager is available, when can -- are we going to
issue the bonds or would prefer that the City issue the bonds on our behalf? What was the
decision made and how fast can we move?
Robert Nachlinger (Assistant City Manager): Bob Nachlinger, Assistant City Manager. The
request from Ms. Lewis to the City was that the City issue these bonds on behalf of the CRA.
We're going to be moving forward, and anticipate having the bond closing and the arrival of
funds within 90 days.
Chairman Teele: All right. All right.
Vice Chairman Winton: And that's on the 11 --
129 September 26, 2002
Chairman Teele: That's on the balance.
Vice Chairman Winton: That -- right. And that doesn't have anything to do with -- that's a
separate subject from the ongoing revenue stream that we're kicking into, that we may want to
consider --
Chairman Teele: Exactly.
Vice Chairman Winton: -- bonding out some of that capacity, was my point.
Chairman Teele: Well, to be candid, we don't have a history to talk about bonding the projected
in the Southeast Overtown/Park West. You really need a three-year history.
Vice Chairman Winton: Oh, you do?
Chairman Teele: Yeah.
Vice Chairman Winton: OK.
Chairman Teele: Or there about. We do have sufficient -- given the City's guarantee on our
bond -- and the strength of our refinancing is based upon the City guarantee of the first three
hundred thousand dollars ($300,000) of debt, which is an ongoing commitment and a part of the
settlement. That is the strength of our refinancing.
Vice Chairman Winton: What if we had a little bit of underwriting support from the City on our
current revenue stream? See, what I'd hate to -- three years from now is a long time, and interest
rates are going to be a lot higher. Boy, it'd be really good to figure out a way to bond out some
of this revenue stream so that we make real projects happen on the street, as opposed to it kind
of, you know, just --
Chairman Teele: I am 100 percent in support of it, but I think we should look at that after we
close --
Vice Chairman Winton: I agree.
Chairman Teele: -- the existing one, which the County has previously approved, the City has
previously approved, so the capacity is there now.
Vice Chairman Winton: So, we'll bring it back after the --
Chairman Teele: And we can come back in 90 days.
Vice Chairman Winton: I agree. Got it.
Chairman Teele: But, Mr. Nachlinger, can we hold you to 90 days?
130 September 26, 2002
Mr. Nachlinger: Yes, sir.
Chairman Teele: So that will be approximately when?
Mr. Nachlinger: Approximately, the first of the year.
Chairman Teele: No. October, November -- approximately, the end of this year.
Mr. Nachlinger: Yes, sir.
Chairman Teele: We want -- I'm interested in having everything done before January 6th now. I
don't want to start all over. Because new people come in, you need to explain what's going on.
I don't know. Further discussion? Is there a motion on this, Madam Clerk?
Board Member Regalado: Move it.
Chairman Teele: Moved by Commissioner Regalado.
Vice Chairman Winton: Second.
Chairman Teele: Seven -C. All those in favor, say "aye."
The Board Members (Collectively): Aye.
The following resolution was introduced by Board Member Regalado, who moved for its
adoption:
RESOLUTION NO. SEOPW/CRA 02-147
RESOLUTION NO. OMNI 02-74
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) ADOPTING THE CAPITAL
PROGRAMS AND ACTIVITIES BUDGET FOR FISCAL YEAR 2003, AS
PRESENTED BY THE CHIEF FINANCIAL OFFICER OF THE CRA.
131 September 26, 2002
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
29. DEFER CONSIDERATION OF REVIEW AND DISCUSSION OF PROPOSED
PRELIMINARY CAPITAL PROJECTS AND PROGRAMS PRELIMINARY FIVE YEAR
BUDGET 2004-2009 FOR SOUTHEAST OVERTOWN/PARK WEST (SEOPW) AND OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA); DIRECT EXECUTIVE DIRECTOR
OF CRA TO BRING THIS ISSUE BACK WHEN REFINANCING IS COMPLETE.
Chairman Teele: Seven -D. Is there a "137
Annette Lewis (Executive Director, CRA): Yes, sir, there is. This is the preliminary Five -Year
Plan, and it's subject to the completion of the current redevelopment plan that's being done by
Dover Kohl.
Chairman Teele: Is this required for the budget?
Ms. Lewis: No, sir.
Chairman Teele: I would ask that this item be deferred temporarily, so we -- I think we ought to
bring this back when we get the ninety million -- when we get the refinancing done.
Ms. Lewis: OK, sir.
Chairman Teele: I would ask that this item be moved -- request that there be a motion to move
this -- that it --
Vice Chairman Winton: So moved.
Chairman Teele: -- be deferred for 90 days.
Board Member Gonzalez: Second.
132 September 26, 2002
Board Member Sanchez: Second.
Chairman Teele: All those in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: Opposed?
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
SEOPW/CRA MOTION NO. 02-148
OMNI/CRA MOTION 02-75
A MOTION TO DEFER CONSIDERATION OF A REVIEW AND
DISCUSSION OF THE PROPOSED PRELIMINARY CAPITAL PROJECTS
AND PROGRAMS PRELIMINARY FIVE YEAR BUDGET 2004-2009 FOR
THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) AND THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA); FURTHER
DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) TO BRING THIS ISSUE BACK
WHEN THE REFINANCING IS COMPLETE.
Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None.
ABSENT: None.
30. AUTHORIZE CRA EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT
WITH GRAU & COMPANY, P.A., $50,000, FOR GASB 34 IMPLEMENTATION AND
TRAINING FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003.
Chairman Teele: Item number 8.
Board Member Gonzalez: Move item number 8.
Vice Chairman Winton: Second.
Chairman Teele: Objection? All those in favor, say "aye."
133 September 26, 2002
The Board Members (Collectively): Aye.
Chairman Teele: All opposed say "no."
The following resolution was introduced by Board Member Gonzalez, who moved for its
adoption:
RESOLUTION NO. SEOPW/CRA 02-149
OMNI/CRA 02-76
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE CRA
EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT WITH GRAU
& COMPANY, P.A., IN A FORM ACCEPTABLE TO THE CRA GENERAL
COUNSEL IN AN AMOUNT NOT TO EXCEED $50,000, FOR GASB 34
IMPLEMENTATION AND TRAINING FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2003.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
31. AUTHORIZE EXECUTIVE DIRECTOR TO EFFECT ISSUANCE OF BALANCE OF
CITY'S COMMUNITY REDEVELOPMENT AGENCY REVENUE BONDS, SERIES 1990,
$10,500,000.00 OF TOTAL OF $22,000,000 PREVIOUSLY APPROVED BY MIAMI-DADE
COUNTY VIA COUNTY RESOLUTION R-874-90 AND CITY VIA RESOLUTION NO. 89-
1151 AND RESOLUTION 90-871 WHICH AUTHORIZED SALE OF $11,500,000 OF SAID
BOND ISSUE.
Chairman Teele: Item number 9.
Vice Chairman Winton: That's what we just talked about, isn't it?
Chairman Teele: Yes.
134 September 26, 2002
Vice Chairman Winton: The authorization to issue the balance of the 1990 bonds. So moved.
Chairman Teele: This is what you just spoke about.
Vice Chairman Winton: So moved.
Board Member Gonzalez: Move number 9.
Chairman Teele: Moved by Commissioner Gonzalez. Second by Commissioner Winton. Is
there objection? All those in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: All opposed?
The following Resolution was introduced by Board Member Gonzalez, who moved for its
adoption:
RESOLUTION NO. SEOPW/CRA 02-150
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO
EFFECT THE ISSUANCE OF THE BALANCE OF THE CITY OF MIAMI
COMMUNITY REDEVELOPMENT AGENCY REVENUE BONDS,
SERIES 1990, IN THE AMOUNT OF $10,500,000.00 OF THE TOTAL OF
$22,000,000 PREVIOUSLY APPROVED BY MIAMI-DADE COUNTY VIA
COUNTY RESOLUTION R-874-90 AND CITY OF MIAMI VIA
RESOLUTION NO. 89-1151 AND RESOLUTION 90-871 WHICH
AUTHORIZED THE SALE OF $11,500,000 OF SAID BOND ISSUE,
FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO TAKE
APPROPRIATE ACTIONS, AS REQUIRED, BY THE COUNTY AND CITY
ADMINISTRATION FOR THE ISSUANCE OF SAID BONDS,
PROVIDING THAT PROCEEDS BE EXPENDED FOR ACTIVITIES
IDENTIFIED IN EXHIBIT "A" AS ATTACHED AND INCORPORATED
HEREIN.
135 September 26, 2002
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
32. A RESOLUTION AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO ENTER
INTO AN AGREEMENT WITH THE NATIONAL DEVELOPMENT COUNCIL FOR
PROFESSIONAL SERVICES RELATED TO CREATING AN EFFECTIVE STRATEGY FOR
SECURING A HUD SECTION 108 LOAN, PERFORMING HUD COMPLIANCE
WORKSHOPS AND THE COORDINATION OF JOINT PUBLIC/PRIVATE
PARTNERSHIPS FOR INVESTMENT IN THE REDEVELOPMENT AREAS AND SUB-
AREAS.
Chairman Teele: Item number 10.
Annette Lewis (Executive Director, CRA): Item number 10 is...
Chairman Teele: Commissioner Winton, let me again express my appreciation to you. I
understand you met with the National Development Council. And the National Development
Council is the nationally recognized firm that provides technical assistance, et cetera, to the CRA
(Community Redevelopment Agency). They have done it in the past. When we -- when the --
three years ago, when we started the reorganization, we shut down all contracts. This was a
contract that was shut down and it probably should not have been. Again, you know, that new -
people -coming -in -the -door issue. But getting the National Development Council puts us with
national consultants that do this for redevelopment authorities all over the nation.
Ms. Lewis: And we do have representatives here from --
Vice Chairman Winton: I'm sorry.
Chairman Teele: Who's here?
Sandra Joyce: Should I speak into the record, Chairman? OK. This is Sandra Joyce. I currently
reside in New York. Do you need my address for the record?
136 September 26, 2002
Chairman Teele: Ms. Joyce, being from New York, doesn't get you any points. Say something
that gets --
Ms. Joyce: All right.
Chairman Teele: Say something that gets you some points in here.
Ms. Joyce: OK. Well, how about I used to work for the City for a very long time, and I'm very
familiar with the area where we're going to be working. And I have to tell you, I'm thrilled to
have the opportunity to come back and try and put some of the financing together for some of
these projects.
Chairman Teele: And previously worked for the CRA for how many years?
Ms. Joyce: About two and a half years.
Chairman Teele: And within the Economic Development -- what were you in the Real Estate
and Economic -- what office?
Ms. Joyce: That's correct.
Chairman Teele: And Ms. Joyce is obviously very, very familiar with Florida, notwithstanding
the fact that she's in New York.
Ms. Joyce: Yes. Well, I just moved to New York last August, so I'm a rookie in New York.
Chairman Teele: Don't I remember, you have a degree in economics from Brazil or you --
Ms. Joyce: I'm sorry.
Chairman Teele: Didn't you have a degree in economics?
Ms. Joyce: I have a degree in economics, yes, and a Masters as well in economics. My degree is
from New York University, though.
Chairman Teele: But your early education was in Brazil?
Ms. Joyce: The first year of my college career was in Brazil, University Sao Paulo.
Chairman Teele: See, I remembered.
Ms. Joyce. Yes, you do. Very good memory. If I may, Commissioner, just for other people
who may be in the audience, you know, members of the Board, the National Development
Council, just in way of getting a little history, it's an entity -- it's a non-profit organization that's
been in existence for about 30 plus years now. It was founded by a group of people back in, you
know, the -- well, I guess that would be the 70s -- 60s actually, and it was a result of a number of
137 September 26, 2002
efforts that some of the people involved with, you know, then Senator Bobby Kennedy wanted to
see continue after his assassination. So the National Development Council had beginnings in
that whole urban renewal process that was taking place then. And since then, we have been
involved in a lot of different types of projects that really run the gamut.
Vice Chairman Winton: Could I interrupt you for a second?
Ms. Joyce: Affordable housing and --
Vice Chairman Winton: Could I interrupt you for a second? The audience is awfully noisy and
we can't hear up here, so I would hope that if y'all really need to talk and have a conversation
with the people sitting next to you, I'd appreciate it if you all would go out there. If you're in
here, I'm assuming you're in here to listen to what's going on. And we can't hear up here when
all of y'all are talking down there. So thank you very much.
Chairman Teele: Ms. Joyce.
Ms. Joyce: Thank you.
Chairman Teele: I think, out of respect for our Mayor, who's sort of waiting, we better move
this agenda on before we get him --
Ms. Joyce: OK. Sounds good.
Chairman Teele: Is there --
Vice Chairman Winton: I'll move the issue.
Chairman Teele: Is there a second?
Board Member Gonzalez: Second for discussion.
Chairman Teele: Second by Commissioner Angel Gonzalez.
Board Member Gonzalez: We're talking about a Section 108 loan in an appropriated amount,
not to exceed eighteen million dollars ($18,000,000), utilizing the funding allocation made to the
CRA but not (INAUDIBLE). We're talking here about this firm is going to be hired --
contracted to perform a HUD (Department of Housing and Urban Development) compliance
workshop and coordinate a joint public/private partnership for investment in the redevelopment
areas and sub areas. The National Development Council, which has extensive working
experience with the City of Miami, the CRA has (INAUDIBLE) in HUD matter relating to
economic development housing and other related issues. Could anybody clarify for me what the
other related issues might be?
Ms. Joyce: OK. And that would be -- I don't have exactly the text that you're reading from. I
mean, what I have here is the Section 108 Loan HUD Compliance Workshop in coordination of
138 September 26, 2002
joint public/private partnerships for investment in the redevelopment area. I'm assuming that the
issues -- if it's (UNINTELLIGIBLE) with the Section 108 loan -- there is a number of different
ways in which we can structure project. There is some -- we can have interim financing versus
permanent financing. We can bring a number of other, perhaps, funding sources, you know, to
bear, to assist some of those projects in getting developed.
Board Member Gonzalez: When we're talking projects, we're talking about economic
development projects and housing projects?
Ms. Joyce: That is correct.
Board Member Gonzalez: Are there any other types of projects that you maybe assisting us?
Ms. Joyce: Well, I mean, the types of projects that we currently work with and anticipate
working with the CRA on are, you know, the economic development projects. So --
Chairman Teele: OK. Could I help then?
Ms. Joyce: Yes.
Chairman Teele: Because the memos came through me. I saw them. I've not conferred -- I
apologize, Ms. Joyce, with you -- the areas that were being discussed were the new market tax
credits, which is this whole new thing that they haven't even -- have they published the regs yet
on it?
Ms. Joyce: Actually, they have published regs, but they're temporary regs. They have not gone
to final regs.
Chairman Teele: It's the biggest thing that's going to be happening in the next five years, since
EDA (Environmental Development Associates) and CDBG (Community Development Block
Grant).
Ms. Joyce: That's correct.
Chairman Teele: It's where everybody's going to be. The other area was in the area of
providing support, regarding the community grow or that Grow America and technical assistance
in financing for small businesses.
Ms. Joyce: OK. Yes.
Chairman Teele: And the area that I think Mr. Gonzalez probably wants to make sure on the
record is that you all were going to be providing technical assistance, at least, according to a
memo I saw back in August regarding the Camillus House relocation, and assisting them in
applying for federal dollars. And I want to clarify what that is. It was my understanding you all
were going to help the Camillus House apply for federal grant dollars and loan dollars to support
their relocation.
139 September 26, 2002
Ms. Joyce: OK. That is definitely one of the things that we can do, being so instructed.
Chairman Teele: OK.
Ms. Joyce: And we are prepared to do so.
Chairman Teele: Those are the related areas, to answer your question, that I'm aware of.
Board Member Gonzalez: Right. That's precisely where I wanted to go to because, you know,
I'm a hundred percent in favor of any kind of activities that has to do with economic
development, especially in an area like Overtown and Park West and the Omni area, a hundred
percent in favor of housing, a hundred percent in favor of projects that can be beneficial and that
can develop those areas that have been suffering for so many years and that are in decay. So --
but I wanted to make sure that we are not --
Chairman Teele: Commissioner Gonzalez, could I help you on this?
Board Member Gonzalez: Yes, sir.
Chairman Teele: Would you like -- would you consider moving that there be no assistance to the
Camillus House unless it's specifically approved by the CRA board?
Board Member Gonzalez: Yes, sir.
Chairman Teele: I mean -- because I don't -- you know, I'm a straight up guy. I don't play
games, OK? So, if that's your --
Board Member Gonzalez: OK. So moved, as amended.
Chairman Teele: As amended. Is there objection? All those in favor of the amendment, say
LL "
aye.
The Board Members (Collectively): Aye.
140 September 26, 2002
The following motion was introduced by Board Member Gonzalez, who moved for its adoption:
SEOPW/CRA MOTION NO. 02-151
OMNI MOTION NO. 02-77
A MOTION DIRECTING THE COMMUNITY REDEVELOPMENT AGENCY
(CRA) EXECUTIVE DIRECTOR THAT THERE BE NO ASSISTANCE TO
THE CAMILLUS HOUSE UNLESS IT IS SPECIFICALLY APPROVED BY
THE CRA BOARD.
Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Teele: Are there any other objections to the agreement with them?
Board Member Gonzalez: No, sir.
Chairman Teele: Is there a further discussion on this item? All those in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: All opposed, say "no."
141 September 26, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. SEOPW/CRA 02-152
RESOLUTION NO. OMNI 02-78
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE
CRA EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT WITH
THE NATIONAL DEVELOPMENT COUNCIL, IN A FORM
ACCEPTABLE TO GENERAL COUNSEL, IN AN AMOUNT NOT TO
EXCEED $90,000, FOR PROFESSIONAL SERVICES RELATED TO
CREATING AN EFFECTIVE STRATEGY FOR SECURING A HUD
SECTION 108 LOAN, PERFORMING HUD COMPLIANCE WORKSHOPS
AND THE COORDINATION OF JOINT PUBLIC/PRIVATE
PARTNERSHIPS FOR INVESTMENT IN THE REDEVELOPMENT
AREAS AND SUB -AREAS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
Chairman Teele: Boy, you're on it, Angel.
Ms. Joyce: Thank you, sir.
Chairman Teele: I'm telling you, I don't want to cross you up today.
Board Member Sanchez: We're never going to get out of here.
33. AUTHORIZE CRA EXECUTIVE DIRECTOR TO APPEND SCOPE OF SERVICE FOR
WORK PROVIDED BY ZHA, INC. TO INCLUDE FEASIBILITY ECONOMIC STRATEGY
REPORT ON SOUTHEAST OVERTOWN, $75,000.
Chairman Teele: Next item is item number what?
142 September 26, 2002
Annette Lewis (Executive Director, CRA): Number 11. This represents an amendment of
DHA's contract, and this is an expanded scope of services to complete the redevelopment plan --
Chairman Teele: This is a part of the Dover Kohl package?
Ms. Lewis: That is correct, sir.
Vice Chairman Winton: That's correct.
Chairman Teele: Commissioner Winton.
Vice Chairman Winton: And I'll move that.
Board Member Gonzalez: Second.
Chairman Teele: Moved and second. Is there objection? All those in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: All opposed?
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. SEOPW/CRA 02-153
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT
AGENCY (CRA) AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO
APPEND THE SCOPE OF SERVICE AS DETAILED IN EXHIBIT A FOR
WORK PROVIDED BY ZHA, INC. UNDER THE SEOPW
REDEVELOPMENT PLAN UPDATE CONTRACT TO INCLUDE A
FEASIBILITY ECONOMIC STRATEGY REPORT ON SOUTHEAST
OVERTOWN IN AN AMOUNT NOT TO EXCEED $75,000.
143 September 26, 2002
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None
ABSENT: None.
34. DIRECTION TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA)
ATTORNEY TO DRAFT THE NECESSARY DOCUMENTS RELATING TO SETTLEMENT
OF DISPUTE PERTAINING TO THE TEN (10) FEET ADJACENT TO AND BEHIND THE
LYRIC THEATER, LOCATED AT 819 N.W. 2 AVENUE, SUBJECT TO AN AGREEMENT
BEING REACHED BY ALL THE AFFECTED PARTIES TO THE LITIGATION THAT
REQUIRES ALL APPROPRIATE RELEASES AND APPROVALS; FURTHER
REQUESTING THAT THIS ITEM BE BROUGHT BACK TO THE CRA BOARD AT THE
NEXT BOARD MEETING FOR A STATUS REPORT
Chairman Teele: Now there was one item that some of the people from the community, I know,
have been in contact and that's on the 10 feet or 10 -- behind the Lyric Theater.
Vice Chairman Winton: Right.
Annette Lewis (Executive Director, CRA): Yes, sir. That's --
Chairman Teele: And I would like to yield to the Vice Chairman and move that the 10 feet that
is in question --
Ms. Lewis: The alley.
Board Member Sanchez: Which item is that, 15? Fifteen?
Vice Chairman Winton: Do we have an item?
Board Member Gonzalez: We're on 12.
Unidentified speaker: Item 15, I guess.
Board Member Sanchez: Second.
144 September 26, 2002
Ms. Lewis: All right.
Chairman Teele: -- that is in question be -- I want to hear the motion now.
Board Member Gonzalez: Move 15.
Chairman Teele: That the item be approved, subject to an agreement being drawn by our
Attorney that requires the releases and approvals of all of the affected parties to the litigation. I
would so move.
Board Member Gonzalez: Second.
Chairman Teele: Johnny, would you...
Vice Chairman Winton: Oh, I'm chairing. I'm sorry. I'm sorry. We have a motion and a
second on this item of the alleyway behind the Lyric Theater. Do we have further discussion on
this item? Michael Spring, anything you want --
Chairman Teele: I would also ask one thing, that the matter be brought back to the CRA
(Community Redevelopment Agency) board at the next board meeting, if nothing more than a
status report, and that it will be on the agenda until there's a resolution.
Vice Chairman Winton: Yes, sir.
William Bloom (Special Counsel, CRA): Can I clarify for a second?
Vice Chairman Winton: Please.
Mr. Bloom: To get the releases from the companies that are involved in the Lyric Theater, Lyric
Village RFP (Request for Proposals) will resolve the legal impediment to proceeding. What the
Black Archives is attempting to do now is vacate the alley. Once the alley is vacated, they're
asking the owner of the lots behind the Lyric Theater, which are presently the City of Miami, to
convey to the Black Archives the east one-half of that alley, which is a five-foot strip for use, as
part of that theater. That property really should be conveyed from the City to the CRA, and then
the CRA is part of the redevelopment plan, then go through a disposal procedure --
Chairman Teele: Yeah. But see, you can't have it both ways, Mr. Attorney. Now, hold on.
You've been involved in all of the discussions, trying to solve the lawsuit, right?
Mr. Bloom: Yes, sir.
Chairman Teele: Your firm is representing us in the lawsuit, right?
Mr. Bloom: Yes.
145 September 26, 2002
Chairman Teele: Your firm is going to have to prepare the documents. The CRA -- in any way
you want them done, we'll approve them and then refer them over to the City.
Mr. Bloom: What I'm saying to you is, once the documents are done and that process is done,
right now, if the legal impediment disappeared because we have necessary releases, which we
have in this situation, where you're vacating an alleyway. They're going to go through the
normal vacation process. The owner of the lots behind the Lyric Theater, which are required for
the project, are owned by the City of Miami.
Chairman Teele: And you're not hearing what I'm saying. I heard what you said, please. Once
you all draft up all the documents, bring it back to the Board. We will approve it as the CRA,
and refer the matter to the City to execute whatever documents that you think are appropriate to
be drawn. But everybody can't be on first, and there's no need to run everybody now to City
Hall on this issue when it's -- the CRA exercised the venue. The original RFP was issued by the
City.
Vice Chairman Winton: OK. So, we're -- we've got that point of clarification. Mr. Spring.
Michael Spring: Commissioners, I'm here representing --
Chairman Teele: Your name and address.
Mr. Spring: Michael Spring, representing the Miami -Dade Department of Cultural Affairs. And
I'm here to urge you to begin the process to convey the property to the Black Archives that's
necessary for the expansion of this theater that you're sitting in today. The Black Archives has
successfully secured a million dollars ($1,000,000) of state funds for the expansion of the
theater. And the County, through our department, has approved over four point three million
dollars ($4,300,000) worth of funds for this project, all in place, with finished documents and a
construction company ready to go, and all that's required to make the project move forward, to
expand the stage and to create lobby spaces, bathrooms, all the things that would make this a
vibrant theater, is the approval of this property so that the drawings can go forth and be permitted
for the project. So we're hereto urge you to begin this process of approving the property for the
Black Archives, and here to offer our assistance with anything that we can help with. I want to
thank your Attorney for trying to be creative and work with us and you on getting this resolved.
Valerie Rao is here from the Black Archives, as well.
Chairman Teele: But, Mr. Chairman -- Vice Chairman, on this issue, I want the record to be
clear. This Board has approved this item on at least three occasions. The problem is not the
CRA or the City. Under our constitution, given the certain rights in a litigation, we are not
prepared to literally walk over the alleged property rights, which we don't think the St. Johns
CDC (Community Development Corporation) has any. Our position is St. Johns CDC has no
property rights in the matter. But there is an issue and until that issue -- in my opinion, this could
have been resolved some time ago by the parties, St. Johns CDC and the Black Archives, coming
together, as we told them; let their lawyers work out an agreement; bring it to our lawyers; our
lawyers will take it to the City, and that's it. But what we don't want to do is convey a right to
the St. Johns CDC that doesn't exist, because our position is they have no rights.
146 September 26, 2002
Mr. Bloom: But to clarify, in addition to St. Johns CDC, there's Lyric Village Housing Inc.,
which was St. Johns CDC's partner. They also have to give a release.
Chairman Teele: I said St. Johns CDC. I should have said the partnership.
Mr. Bloom: Right.
Vice Chairman Winton: Right.
Commissioner Teele: And the individual members of that. And it's extremely convoluted and
complicated, and it goes back now what, eight to ten years?
Vice Chairman Winton: And it's the reason it couldn't get settled. So, hopefully, we're on a
path to get this whole thing settled and make this happen and --
Chairman Teele: But what I just wanted to do is make sure that we don't start moving the legal
responsibility from our special counsel to the City, because --
Vice Chairman Winton: I don't think your motion does that, right?
Chairman Teele: No, no, mine doesn't. So that we can at least have a one-stop shop here where
we can resolve all the issues. And I think, if you can get this Board to approve it, you may have
a good chance in getting the City Commission to approve it.
Vice Chairman Winton: I would think.
Mr. Bloom: And I wanted to say, Commissioners, that the City Attorney's Office has been
involved in this process. They're aware of all the issues so that there's continuity between both
organizations.
Vice Chairman Winton: This thing gets moved forward very, very quickly, if we get all the
parties -- I had the opportunity to sit through negotiations with all the parties, I guess, about three
or four weeks ago, and we have -- we struck an agreement, in principle. The attorneys are
working on the details of that agreement, in principle, and we hope to have those details finalized
within another few weeks. I mean -- so it's potentially imminent here. And then we can take all
the steps we need to take to move this thing forward with all due haste. Yes, sir, Mr. Spring.
Mr. Spring: If I could -- and I don't claim to understand the intricacies of the situation that
you've just outlined. But what we're specifically talking about today is five feet --
Vice Chairman Winton: Right.
Mr. Spring: -- of the alleyway directly behind the Lyric Theater.
147 September 26, 2002
Vice Chairman Winton: But we can't make any decision here that begins to transfer that land,
until we have everybody signing off on this settlement. So the settlement is the key that then
allows us to take the next step.
Mr. Spring: I guess what we were hoping, with all due respect to the other -- the bigger issues
surrounding this, is if all the parties could agree simply on this five feet -- and that may be a
naive --
Chairman Teele: That's my motion.
Mr. Spring: -- proposition --
Chairman Teele: That is my motion. If the parties will agree --
Mr. Spring: That's great.
Chairman Teele: -- our Attorney is going to draft up something --
Mr. Spring: Great.
Chairman Teele: -- and if everybody agrees, then fine. And their lawsuit is preserved, you
know. They're going to --
Vice Chairman Winton: Until we get the rest of the stuff signed off on.
Chairman Teele: -- and everything else.
Mr. Spring: Then I only --
Chairman Teele: All we've got to deal with is the five feet.
Mr. Spring: I only have "thank you" to say.
Board Member Sanchez: We don't want you to lose your funding. The funding that you've
been able to obtain --
Mr. Spring: Absolutely.
Board Member Sanchez: -- we don't want -- but we do have to make sure that we all, everyone
involved here, the whole circle, comes to an agreement.
Mr. Spring: Great.
Vice Chairman Winton: OK?
Mr. Spring: We're there. Thank you very much.
148 September 26, 2002
Board Member Sanchez: Just to protect our interest, as well as yours.
Chairman Teele: Call the question.
Vice Chairman Winton: We have to call the question. All in favor, "aye."
The Board Members (Collectively): Aye.
Vice Chairman Winton: Like sign opposed.
Chairman Teele: Mr. Chairman, I'd like to make a companion motion.
Vice Chairman Winton: Motion carries.
The following motion was introduced by Chairman Teele, who moved for its adoption:
SEOPW/CRA MOTION NO. 02-154
A MOTION DIRECTING THE COMMUNITY REDEVELOPMENT AGENCY
(CRA) ATTORNEY TO DRAFT THE NECESSARY DOCUMENTS
RELATING TO SETTLEMENT OF DISPUTE PERTAINING TO THE TEN
(10) FEET ADJACENT TO AND BEHIND THE LYRIC THEATER,
LOCATED AT 819 N.W. 2 AVENUE, SUBJECT TO AN AGREEMENT
BEING REACHED BY ALL THE AFFECTED PARTIES TO THE
LITIGATION THAT REQUIRES ALL APPROPRIATE RELEASES AND
APPROVALS; FURTHER REQUESTING THAT THIS ITEM BE BROUGHT
BACK TO THE CRA BOARD AT THE NEXT BOARD MEETING FOR A
STATUS REPORT.
Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Joe Sanchez
NAYS: None.
ABSENT: Board Member Tomas Regalado
Vice Chairman Winton: Yes, sir. I'm sorry.
Chairman Teele: I'd like to make a companion motion that the CRA request that the City,
specifically Public Works, take all necessary steps or initiate all necessary steps to formally
149 September 26, 2002
vacate the alleyway and to carry forth on all legal actions, pending a final decision by the City
Commission. So moved.
Board Member Gonzalez: Second.
Vice Chairman Winton: We have a motion and a second. Any further discussion on that
motion? Being none, all in favor "aye."
The Board Members (Collectively): Aye.
Vice Chairman Winton: Like sign opposed? Motion carries.
The following motion was introduced by Chairman Teele, who moved for its adoption:
SEOPW/CRA MOTION NO. 02-155
A MOTION DIRECTING THE COMMUNITY REDEVELOPMENT AGENCY
(CRA) EXECUTIVE DIRECTOR REQUEST THE CITY OF MIAMI,
SPECIFICALLY THE DEPARTMENT OF PUBLIC WORKS, INITIATE ALL
NECESSARY STEPS TO FORMALLY VACATE THE ALLEYWAY
BEHIND THE LYRIC THEATER, LOCATED AT 819 N.W. 2 AVENUE, AND
CARRY FORTH ALL LEGAL ACTIONS, PENDING A FINAL DECISION
BY THE CITY OF MIAMI COMMISSION.
Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Joe Sanchez
NAYS: None.
ABSENT: Board Member Tomas Regalado
Mr. Spring: Thank you very much.
Board Member Sanchez: Thank you.
Unidentified speaker: Thank you.
Vice Chairman Winton: OK.
150 September 26, 2002
Chairman Teele: For the purpose of yielding to the Mayor, I would ask that the meeting of the
CRA be deferred until the end of the meeting or at a subsequent time, depending at that time. Is
there a motion to defer?
Board Member Gonzalez: Second.
Vice Chairman Winton: So moved.
Chairman Teele: All those in favor, say "aye."
The Board Members (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
SEOPW/CRA MOTION NO. 02-156
OMNI MOTION NO. 02-79
A MOTION TO RECESS THE MEETING OF THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) UNTIL THE END OF THE CITY
COMMISSION MEETING OR A SUBSEQUENT TIME, DEPENDING AT
THAT TIME.
Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Joe Sanchez
NAYS: None.
ABSENT: Board Member Tomas Regalado
Chairman Teele: I'm sorry. Reverend Nevins, did you want to be heard?
Reverend Henry Nevins: Yes, sir.
Chairman Teele: I apologize. I didn't see you there.
Mr. Nevins: Thank you very much. My name is Henry Nevins, 13 --
Chairman Teele: Reverend Nevins.
Mr. Nevins: Thirteen twenty-eight Northwest 3rd Avenue, and I'd like to -- very, very happy to
see each and every one and to the Commissioners. The St. Johns CDC board voted the other day
151 September 26, 2002
to make me the Interim Director in the home going of Mr. Days. And we know the problem we
have been having and we voted to go along with the CRA, their decision and everything. And
we would love to bring this to a closure, because we want you to work with us and we want to
work with you. And we want to do development in Overtown, because that's where we are. We
want to -- we are stagnant right now, but we want to move and we know you can help us. And
so that's where we are. We are willing to do whatever you want us to do. I have some papers
here that we just received from an attorney. I haven't had time to go through them, but we are
ready and I hope that we can start last week to do things today.
Chairman Teele: Thank you very much, Pastor Nevins. Given the legal issues, I think -- and
given that you all are represented by counsel, I think our lawyer is going to want to meet with
your lawyer and you at the first opportune time you can.
Mr. Nevins: OK.
Chairman Teele: Is that --
Vice Chairman Winton: That's correct.
Mr. Nevins: Thank you very much. As quickly as we can do that. Thank you very, very much.
Since I have the podium and since the Commissioners are there, we have -- on the 3rd Sunday of
next month, we have all the Overtown coming together in the park. And we have a heavy
budget. The church is willing to do what they can, but I need some help, because we're feeding
all the people and we estimate anywhere between two to three thousand people from the
Overtown area, and we need some help desperately.
Chairman Teele: All right. Pastor, if you would see Ms. Lee, Brenda Lee. We'll take that up as
a part of the Commission meeting later on tonight.
Mr. Nevins: Where is she, sir?
Chairman Teele: I haven't seen her. Oh, there she is. She's raising her hand right there.
Mr. Nevins: OK. Thank you very much
Chairman Teele: Thank you very much.
Mr. Nevins: Thank you very much.
Chairman Teele: CRA meeting stands recessed, and the Chair notes the presence of our Mayor.
152 September 26, 2002
35. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL
LIMITS FOR CITY FOR PURPOSE OF TAXATION; FIXING MILLAGE AND LEVYING
TAXES IN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING
SEPTEMBER 30, 2003.
SECOND READING ORDINANCE: MAKE APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2003.
ESTABLISH LABOR MANAGEMENT COUNCIL TO INVESTIGATE MEANS OF SAVING
MONEY FOR CITY, AND LOOK INTO RETIREMENT AND HEALTH BENEFITS.
DESIGNATE $5,000,000 OF FISCAL YEAR 2002 SURPLUS AS RESERVE FUNDING TO
UNDERWRITE PENSION COSTS OF CITY.
DIRECT MANAGER, EFFECTIVE JANUARY 6, 2003, TO CEASE PROVIDING ANY
RETIREMENT BENEFITS NOT AUTHORIZED BY ORDINANCE, RESOLUTION OR
OTHER APPLICABLE LAW TO EXECUTIVE EMPLOYEES OF CITY UNLESS SUCH
BENEFITS ARE APPROVED BY COMMISSION, AFTER REVIEW OF MANAGER'S
WRITTEN RECOMMENDATION.
DESIGNATE $1,000,000 OF FISCAL YEAR 2002 SURPLUS AS STRATEGIC INITIATIVE
RESERVES AND $2,000,000 AS MANAGEMENT RESERVES TO FUND CITYWIDE
POVERTY INITIATIVE.
DIRECT MANAGER SCHEDULE ON OCTOBER AGENDA PROPOSED LEGISLATION
FOR APPROPRIATION OF $2,000,000 FOR POVERTY INITIATIVE.
Chairman Regalado: This is a public hearing. This is a public hearing of the City of Miami
Commission. As noticed, we will start the budget process. Mayor Manny Diaz is here with us.
And this is a public hearing, so anybody from the public who wishes to address the Commission,
and the Mayor, and the Manager will be able to do so.
Alejandro Vilarello (City Attorney): Mr. Chairman, the first item is the millage ordinance.
Chairman Regalado: Right.
Mr. Vilarello: The millage rate, pursuant to this ordinance, is at 8.850, and that exceeds the
rollback rate by 7.95 percent. This time is appropriate for whatever public discussion or
comment.
Commissioner Sanchez: Vote on the millage and also on the budget.
Chairman Regalado: We need a -- on the millage, first. On the millage, first, we need a motion.
153 September 26, 2002
Commissioner Sanchez: So moved.
Vice Chairman Winton: Second.
Chairman Regalado: And second, for discussion. This is a public hearing.
Commissioner Sanchez: This is just for the record. It's 8.85?
Mr. Vilarello: Yes, sir.
Carlos Gimenez (City Manager): Actually, there's going to be a floor amendment to the millage
rate.
Commissioner Sanchez: So --
Unidentified Speaker: What?
Commissioner Sanchez: -- a floor amendment to the 8.8 --
Mr. Gimenez: (INAUDIBLE) was the floor amendment.
Mr. Vilarello: Eight point eight -five is the amount -- is the millage rate.
Commissioner Sanchez: But -- OK, so that's not going to be amended. That's going to be it.
Mr. Vilarello: Well, actually, it is an amendment from your prior --
Commissioner Sanchez: It is the amendment from the 8.89, so -- OK. So move on the millage
rate of 8.85.
Commissioner Gonzalez: Second.
Chairman Regalado: OK. We have a motion and a second on the millage rate. Anybody who
wishes to address the board on the millage rate? Mr. Cruz.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. Like I say in the previous meeting,
you know, I agree with the millage, but still it is in a way improper. Because when you keep the
fire fee and the garbage fee and all the (UNINTELLIGIBLE), that's not fair to the people that
owns a little house in Allapattah or Liberty City compared to a house in the Grove or Grove Isle
or whatever. Those people are getting a big service paying a lot less in comparison to the poor
people. Because, for example, if you take the millage to 10 mills, will be one point -- point
fifteen increase. That, on a hundred thousand and hundred and twenty-five thousand dollar
($125,000) home, is only a hundred and fifteen dollars ($115) a year increase compared to a
small house, a seventy thousand dollar ($70,000) home we will pay a lot less with that millage
increase but then if you take away the fees, the fees are, in a way, regressive, because they are
not fair. Because a house -- I don't produce any garbage, very little garbage. My wife and I, we
154 September 26, 2002
go out to eat almost every night, so we don't produce any garbage, but we're still paying the
same as the big house with a big family in Coconut Grove or whatever -- that got -- filled the
garbage can completely, completely to the top. I mean, and that's wrong . You should find a
way the people are taxed according to what they -- like a users fee. If you use more garbage, you
produce more garbage, you pay more. No, but that's -- no. That's a fee across the board. And,
you know, many houses there that get six and seven illegal units, they only pay for one unit, too.
And that's wrong, too. The City should be looking for those people that's getting scot-free.
Why should I subsidize then? I only put my garbage can once a week outside with that big
garbage now, 500 -liter, whatever. Only once a week that garbage can goes out. So, I am --
maybe you say you reduce our taxes, but that's a flimflam thing. You reduce -- yeah, you
reduce, but the fees are still there. And they told me that the guard -- that the fireman fee is not
going totally for the firemen; that only twenty-four dollars ($24) are going for the firemen, thirty-
seven dollars ($37) to the General Fund. When the reason of that fee is long gone, the fiscal
crisis of 1998, and we still have the fee. That's why I say (UNINTELLIGIBLE). I don't pay
much in taxes or whatever, but I resent the fees. Thank you.
Chairman Regalado: Thank you. Go ahead, sir.
Herschel Haynes: Yeah, Mr. Chairman. My name is Herschel Haynes at -- I live -- I reside at
4601 Northwest 15th Avenue. And I'm Chairman of the Hadley Park/Model City Homeowners
Association and I have a question. Is this also incorporating what we read in the paper as it
relates to increasing the homeowners' taxes, or are you just talking about something totally
different?
Chairman Regalado: We -- we're -- we'd rather go step-by-step, and we're doing the millage
now. You'll be able to address the Commission when we discuss the other issues, or any other
issues. But what --
Mr. Haynes: Being that I'm here, you know, can I --
Chairman Regalado: Yes.
Mr. Haynes: -- just bring the message?
Chairman Regalado: Yes. You've been here, so go ahead.
Mr. Haynes: OK. Well, the message I'd just like to bring to all of you is that we know that we
are at your mercy, and that we are generally the ones to get a sock to when it comes to increasing
the taxes. However, we'd like you to just consider the number of people that are already living
on a fixed income and are barely making it to retain their homes. And so, we'd just like you to
know that we are well aware of the fix that the City's in, and we know that revenue has to
generated. But we would just ask of you to look at alternative sources to do that, instead of
increasing the homeowners' taxes. Because, you know, we know that generally the homeowners
usually have to bear the burden anyhow. So we'd just like you to look at alternative ways to
generate (INAUDIBLE).
155 September 26, 2002
Commissioner Sanchez: We --
Commissioner Teele: Mr. Chairman --
Commissioner Sanchez: We got to clear this.
Commissioner Teele: -- you need to clear this up.
Mr. Haynes: Sir?
Commissioner Sanchez: We're reducing taxes, not increasing taxes.
Mr. Haynes: Oh, you're reducing it?
Commissioner Sanchez: Absolutely.
Vice Chairman Winton: Yeah.
Vice Chairman Winton: And, Herschel, if you look at your trim notice, you're going to find on
the top line it says, County. You look at what that --
Commissioner Sanchez: We can't speak for them, though. We can't speak for them.
Vice Chairman Winton: Excuse me. Look at that line and you're going to find that that line
went up.
Mr. Haynes: OK.
Vice Chairman Winton: Go down further and look at the City line. That's the line that's going
down.
Mr. Haynes: OK. Very good.
Vice Chairman Winton: The City's going down. You need to start talking to the County
Commissioners about what they're doing to us.
Mr. Haynes: And we'll be there. We ask that you be there on our behalf. And I have to be here
because I'm charged to be here by virtue of my position. It's a lot of people then that don't
understand what's about to happen because they think that you, our elected City Commissioners,
are about to sock it to us again, as relates to the taxes. So I have to share this with you so that
there is clarity. And so, I'm asking -- I'm in the right place to ask you to carry it over to the
County, and let them know -- as we'll be there, wherever the forum is, asking them not to
increase our taxes.
Vice Chairman Winton: Well, I hate to disappoint you, Hershel, but you all missed it.
156 September 26, 2002
Mr. Haynes: We missed it?
Vice Chairman Winton: The County's hearings were --
Commissioner Sanchez: The 17th
Vice Chairman Winton: Yeah. So --
Mr. Haynes: So it's already gone.
Vice Chairman Winton: Yeah, me, too.
Mr. Haynes: Well, what I read in the paper is that it said today, right here, was the final
opportunity for you to have your say. So it's really some misunderstanding as relates to the
message that you are getting out to us to come out to these different forums to have our say. But
that's definitely what I read in the paper. I don't have it with me but it was saying the final
chance to address opposition to increases in the taxes for the homeowners. So, if it's -- if I'm too
late, then I believe I've been a good messenger, I hope, in regards to the homeowners. Thank
you.
Chairman Regalado: Thank you. Go ahead, ma'am.
Eva Nagymihaly: Yes. Hello. My name is Eva Nagymihaly and I live at 3110 South Miami
Avenue. The reason I'm here today is because I am interested in knowing what we are going to
do with our budget. I would like the taxes not to go up, but I would rather the taxes go up a little
bit more than start with the fees. Fees are a roundabout way of saying we're reducing taxes, but
your fees are going up. And there's no end in sight. So this is where we have to be careful to
make sure that these fees don't come in, like the fire fee, which first was to be only for several
years, now at the last hearing, it was said that, well, maybe it's going to have to be for five -- or
five more than that. We can't allow that to happen because the City forever needs more money.
And if they need more money and they can come up with fees, they will come up with all sorts
of fees that you never even thought of before. So get back to what we're talking about, and
that's taxes and the budget. And keep in mind that the fire fee is a regressive tax. Do not forget
you are taxing the poorest people in the City that they say is the largest poorest city. So when
you're thinking about it, you'd be better off increasing the millage rate and get that fee reduced,
and then, eventually removed. But reduce it greatly because it should not be there at all. Thank
you.
Commissioner Gonzalez: Mr. Chairman.
Chairman Regalado: Yes.
Commissioner Gonzalez: I think it's very important that we announce that we're not only
lowering taxes, but we're not increasing fees. The fees are at the same level that they have been.
And I'm sure that we will be working on the fees for the next budget next year. But it's very
157 September 26, 2002
important that everybody understands that we are not increasing taxes, and that we are not
increasing fees, that we're not increasing anything. As a matter of fact, we are reducing taxes.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Yes. But there is a resolution introduced by Commissioner Teele that
directed the administration to start studying lowering or eliminating the fees, and we will -- the
fire fee, specifically the fire fee, which is the one that probably you addressed. And
Commissioner Gonzalez is right. On this budget, not only we reduce the millage, but there is no
-- one single penny of raise in any fees at all.
Ms. Nagymihaly: Yeah. But the fact is that it's seventy-five dollars ($75) per unit. At that other
hearing --
Commissioner Sanchez: Sixty-one, ma'am.
Ms. Nagymihaly: No, no. It's seventy-five dollars ($75) per efficiency --
Commissioner Sanchez: You have apartments.
Ms. Nagymihaly: Yes.
Commissioner Sanchez: OK.
Ms. Nagymihaly: Yes.
Mr. Gimenez: Apartments have a different rate.
Ms. Nagymihaly: And that's where it becomes regressive. Because don't forget the person that
lives in an efficiency -- well, again, we're talking about business. As an apartment owner,
you've got to make some profit to be able to continue doing this. You put a seventy-five dollar
($75) fee on an efficiency as the same seventy-five dollars ($75) on a 3 -bedroom or a mansion
somewhere in Gables Estates, that's not fair. It's regressive and it's not fair. And I was told that
we would be discussing this tonight. And this was my theory that you were going to be reducing
the fire fee. That's why I came back. Judy did a wonderful job letting you know how we all felt.
But I thought tonight we would be discussing lowering that fee, not by a dollar, but by 20, 30,
40. At least get it down to what the homeowners are paying.
Mr. Gimenez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Gimenez: That's not possible. And the reason it's not possible is that the fee is based on
usage. And there is an analysis done on the calls to different types of properties. The apartments
that this lady is talking about, they use the service, on a proportional basis, more than single-
family homes. So a fee is actually accessed on what the usage of it is. Therefore, you really
158 September 26, 2002
can't arbitrarily set a number for apartments to say that they have to be equal to the single-family
homes because they actually use the service more than the single-family homes.
Ms. Nagymihaly: OK. But there's an answer to that and an explanation. Please understand that
this fire fee all started with the garbage fee, so let's not forget where it came from. Everything
came from the General Fund. And we did not -- and I say "we" because I am City member, too.
-- we did not want to increase garbage. So, therefore, we said let's create a fire fee, for the time
being, until we can get the 325, which you are now getting, one of the reasons we have a surplus
now. But pull us out of the bottom and we need your help. But the fire fee was -- most calls --
there was a big analysis in The Herald -- that most of the calls came from government housing.
Government housing, not regular. However, since they were are service to the City as other
institutions, as schools and churches, that they would be paid out of the General Fund. They
would not be charged. So, therefore, as a participant in this City, I pay into the General Fund. I
pay into the fire fee. I pay for all the other licenses and permits that you have increased so that
you could get your money. So that comparison is unfair when you're not using it. So let's
discuss this.
Vice Chairman Winton: You ought to own an office building downtown, then you get to pay the
parking fee also.
Ms. Nagymihaly: No. You said that before and I don't even think that's cute or funny. The
point is that --
Vice Chairman Winton: It's a fact. Excuse me. It's a fact.
Ms. Nagymihaly: -- that -- excuse me -- the efficiencies -- I'm talking about the poor people in
Miami, not you. The poor people in Miami cannot --
Vice Chairman Winton: I'm just giving you the fact about where the fees go. And so, whether
you think it's cute or funny, it wasn't intended to be either one. It's giving you the fact.
Ms. Nagymihaly: OK. I don't want to argue with you, Mr. Winton. That's not what we're here
for. I want to help solve a problem, and I just didn't need your catty remark.
Vice Chairman Winton: Well, guess what? You got it.
Chairman Regalado: OK Charlie.
Charlie Cox: Yes. I have a question. If -- once you set the millage, can you go back and visit it
after the budget or no?
Commissioner Teele: Can you go back and what?
Mr. Cox: Visit it after the budget or no?
Chairman Regalado: The millage? No.
159 September 26, 2002
Mr. Cox: OK. Then I'm going to have to base what I have to say on what I have on the budget
and what -- if there's any changes, I don't know.
Commissioner Teele: Excuse me. That's what we're doing tonight. I mean -- you mean, after
we set it tonight?
Mr. Cox: After you set it right now, are you going to set it right now?
Commissioner Sanchez: Yes.
Chairman Regalado: Yes.
Commissioner Teele: Well, later on tonight.
Chairman Regalado: No. We have to do it now.
Mr. Cox: You're going to vote on it right now.
Chairman Regalado: We have to do it now.
Commissioner Sanchez: There's a motion and a second and it's open for public hearing.
Mr. Cox: OK. Then I'd like to speak on it.
Chairman Regalado: Go ahead.
Commissioner Teele: Before you do, sir --
Mr. Cox: Yes, sir.
Commissioner Teele: -- would you -- Mr. Mayor, you weren't here this morning and
Commissioner Winton makes a very compelling argument regarding the proposed transit tax. I
said this morning that I'm going to vote for it, notwithstanding, what this Commission, as a
body, does or doesn't do. But I'm not prepared to support -- I wasn't prepared to support
endorsing the tax, as a Commissioner, until we negotiate a little bit more with the County. And I
that regard, I used one issue, which is the issue that is really, I think, at the core of where a lot of
the disagreement and a lot of the resentment of people who really are following this process are,
and that's the fire fee. And, notwithstanding, you know, the comments that are being made. If
the County paid its share of the fire fee, which legally we have the right to impose on them, OK,
not on them but on the institutional category. And the speaker was 100 percent right. The
largest users of the fire fee -- the largest single generator of demand for fire services comes from
public housing. And what's crazy, Mr. Mayor, about this whole thing is this: The County gets a
40 -- I guess, 40 to sixty million dollar ($60,000,000) entitlement from the federal government
that's based upon the cost of maintaining public housing. The cost of this fee is just like the cost
of paying the utility bill. In other words, the County doesn't write a check for the utility bill, per
160 September 26, 2002
se. The County submits it in its budget for reimbursement from the federal government. The
federal government reimburses the County somewhere between 40 and 68 million. I don't know
what that number is. I forget. But it's an entitlement. Our fire fee would probably generate --
As I remember, what was the number, Mr. Manager, for it?
Mr. Gimenez: If I recall, it was in the vicinity of two million dollars ($2,000,000) for public
housing.
Commissioner Teele: Two million dollars ($2,000,000) for public housing alone, plus we have
something called the PILOT, the Payment In Lieu of Taxes, which we have an agreement with
with the County that they have not lived up to as it relates to public housing. In other words,
they're obliged to pay into local government to pay certain costs that the public housing units are
drawing from government services. And there's a -- it's a tri -party agreement. I think the
School Board gets some of the PILOT, other governmental bodies. But, again, this doesn't come
from the Dade County taxpayers. This comes from the federal allocation. The long story short
is this: If the Manager, if your good offices could go over and negotiate something with the
County on the fire fee and the PILOT, you know, I would be prepared to say right here, right
now, I would move to reduce the fire fee across the board in the relative number that we get back
from the County. We could reduce the fire fee if the players pay. You know, obviously, I'm not
asking that the churches -- But the problem with that is in the institutional category is not only
the County and the School Board, but also, churches and day cares, and things, you know, that I
don't think any of us really want to put that on. So I just wanted to bring some closure to the fire
fee. There is flexibility, and there are dollars out there that could be bundled together that could
begin this long road toward reducing the fire fee, Mr. Mayor. And I wanted to bootleg on the
debate that was going on to bring it to your attention, because I think it's the biggest issue that
we face, in terms of public resentment about our budget. Thank you, Mr. Mayor.
Chairman Regalado: Charlie.
Mr. Cox: Yes, sir. Again, I'm having to go on the numbers that I received at the last
Commission meeting. But what you're requesting is to take the gas tax and put it into the CIP
(Capital Improvements Program), and you're requesting the storm water fee to go to the CIP.
Now I want to run some numbers for you of what you have in the CIP. You have 155 million
deposited to construction. You have 102 million left to issue bonds. You have a hundred and
forty million dollars ($140,000,000) in cash and various CIP bonds -- funds. And of the 140
million, there's 20 million of old bond money proceeds. Now, you're suggesting to add almost
fifteen million dollars ($15,000,000) more to the CIP. And what that money used to go to --
because I see something going down the corner -- we have departments that were self-sufficient.
These bonds, the gas option tax, for example, was used for street lights in Public Works
Department. That department used to be self-funded. And with what the budget book says now
and the Mayor's proposal, that department is no longer going to be self-funded because you're
taking the money away -- I mean, I guess we have street lights in the City of Miami that are all
perfect now. And we all know that doesn't happen. You're going to need money for street
lights. You're taking that way and you're going to be taking it from the General Fund. The
storm water sewer fee. We have (INAUDIBLE) over in Public Works. We're the ones that take
care of those things. You're now taking that money away and, yes, you're reducing Public
161 September 26, 2002
Works budget by a million dollars ($1,000,000), and you're moving people into the CIP. But
you're no longer going to be funding it with what these things were intended for. You're going
to be putting them in CIP. Now what you're also done -- And, you know, what hurts me is I
went up there and lobbied just as hard as you did for the parking surcharge, to straighten this
parking surcharge out. Because, you know what. It's something we need. And, you know,
Johnny, you could say we're all paying the extra parking and stuff, and I pay it. And you know
what. We're not hurting anybody. They're paying it. And the restaurants are just as full and
everything else because I eat a lot in the City of Miami. And I will tell you that, when it was
originally put in in '99, 60 to 80 percent of it was supposed to go to reduce taxes. How do you
reduce taxes? By the millage rate. We now are putting the parking surcharge into the General
Fund. Instead of going here -- You know, Charlie Cox or any other union sitting here has never
went out to kill the goose that laid the golden egg, and we don't even intend to. Now you're
taking the parking surcharge and putting it into the General Fund. You know, Coral Gables, our
sister city that everybody loves to talk about, you know what. Everybody keeps coming here and
saying how poor we are and there's been a whole bunch of people that's done an excellent job,
and we have more in reserves now than Coral Gables ever thought about having, but you know
why they always get the bond ratings they get -- and they're a rich city -- they get the bond
ratings they get is because their millage is low, and because there's not constant turmoil over in
Coral Gables. And I think you have an opportunity, before you pass this millage rate, to even
reduce it more. And you know what. You're not going to hurt any of my employees, you're not
going to hurt any executives, and you're not going to hurt anybody else. Now I'm sorry that I
had to take this out of order. And I'm sorry if these numbers have changed, but this is all I have
to go by. I mean, I got these the last meeting that I told you about that I never saw until they
were here. So, before you do this -- You know what. Everybody sits up here -- and I've heard it
time and time again -- blaming the big, bad unions, and I'm tired of it. Blaming the big, bad
employees, and I'm tired of it. You have an opportunity here to put the money in the right places
and reduce your millage and still not hurt anybody, and still put your reserves out there. You did
not have -- You didn't use your parking surcharge last year to balance your budget. Why, all of
a sudden, you need to use it now to balance the budget? I mean, these are questions that you
need to ask the people to answer. These are what I see in these proposals. And I would hope
that you can reduce these taxes more and maybe the homeowners, you know, will see that you
are doing a lot.
Commissioner Sanchez: Mr. Chairman, if I may respond to Charlie. Charlie, I have the utmost
respect for you. I truly do.
Mr. Cox: I'm sorry.
Commissioner Sanchez: Let me just say that thanks to the parking surcharge, we were able to
reduce taxes in the City of Miami. At one time, we were at 10 percent --
Mr. Cox: Absolutely.
Commissioner Sanchez: -- the highest. We were at the cap.
Mr. Cox: And when you (INAUDIBLE) reduced it.
162 September 26, 2002
Commissioner Sanchez: Also, the fire fee was also supposed to increase.
Mr. Cox: Correct.
Commissioner Sanchez: Thanks to the parking surcharge, we were able to guarantee no increase
on the parking surcharge and reduce our millage, which it went down -- all the way down, if I
recall correctly, 8.95. So we have been able to reduce -- and let me say something. The greatest
sacrifice that has been made for this City in its most desperate time when it was financially on
the verge of bankruptcy, was made by the residents and the taxpayers of Miami.
Mr. Cox: Absolutely.
Commissioner Sanchez: Period. We had to be --
Mr. Cox: Absolutely.
Commissioner Sanchez: -- creative. We created the parking surcharge, which, you know, at the
end of the day, I took down a piece of paper and said it affects 80 -some percent of non-residents
in the City, so I went with that. And on the fire fee, which I didn't support, but it's helped us --
It also guaranteed us that we wouldn't increase our solid waste any higher than three twenty-five,
because there was some talk about increasing it every year, and I think we've been able every
year to keep it at a cap.
Mr. Cox: Correct.
Commissioner Sanchez: So, you know, it's been able to benefit, I think, everybody because the
City today is in a much, much better situation than it was four years ago.
Mr. Cox: But let me make a statement to that. And you're absolutely correct.
Commissioner Sanchez: And before you go --
Mr. Cox: But my point is, is if you could do it more.
Commissioner Sanchez: I'll yield to you.
Mr. Cox: You know, on a good year, all you spend -- and your CIP is twenty-five million dollars
($25,000,000). Now I'm sure you're trying to make that to where you're going to be able to
spend more and get more projects done. But why do you need to put fifteen million dollars
($15,000,000) in the CIP when that money can be used to make these departments self-sufficient
like they always were --
Commissioner Sanchez: Charlie, I'm going to answer that.
Mr. Cox: -- and lower your millage.
163 September 26, 2002
Commissioner Sanchez: I'm going to answer that, Charlie. For God know how many years, this
City didn't do any capital improvements. One, we didn't have the money. So, sidewalks
weren't fixed, sewers weren't fixed. Our Parks Department, our parks were in horrible
condition. We were able to fix them up a little bit now thanks to the bond money. We're able to
-- Listen, if we were to pave every street in our City -- and we have streets in this City looking
like a third world country -- we would need four hundred and fifty million dollars
($450,000,000) to do that. So these are years, and years, and years of neglect because we did not
have the money. Of course, I wasn't around, but the money wasn't here for us to focus on that.
So every dollar that goes into capital improvement is worth it for our city.
Mr. Cox: And I absolutely believe that. But why have you made twenty million dollars
($20,000,000) on proceeds of bond money that's been sitting there if you have no money? I
mean, I hear Commissioner Teele, we can't get these people paid. These are the facts. There are
right out of your books what you have. You have a hundred and fifty-five million due to
construction. That's your bond money.
Commissioner Sanchez: It's like winning the lottery.
Mr. Cox: That's a hundred and two billion.
Commissioner Sanchez: If you got no money, you got no problems. If you have a lot of money,
you start having a lot of problems. That's basically what it boils down to. And we got money
now.
Mr. Cox: But you have had money in CIP.
Vice Chairman Winton: Charlie, we're not going -- I don't think we're going to change it. I
mean, (INAUDIBLE) so --
Mr. Cox: I --
Commissioner Sanchez: Charlie, I would agree with you if the money was there and we weren't
using it for anything and it was just sitting there. But now we're using it for something. We're
going to put it into projects. We're going to get out there and do whatever we can to make --
improve quality of life, for sidewalks, have better parks, have better programs.
Mr. Cox: This year (INAUDIBLE) fifteen million dollars ($15,000,000) plus all this money you
have, you're going to be able to spend. You know, you're not. You're not.
Chairman Regalado: OK. Let me --
Ms. Nagymihaly: Could I make one more comment --
Chairman Regalado: Yes.
164 September 26, 2002
Ms. Nagymihaly: --on what I just heard?
Chairman Regalado: Can I ask you something?
Ms. Nagymihaly: Yes.
Chairman Regalado: Let's vote on this millage and then we'll reopen for discussion on the
budget on the fees, if you want to --
Ms. Nagymihaly: Well, that's what I need to --
Commissioner Sanchez: Mr. Chairman --
Chairman Regalado: So, let's --
Commissioner Sanchez: -- on the millage, call the question.
Chairman Regalado: So --
Ms. Nagymihaly: But --
Chairman Regalado: -- let's hear the budget message from the Mayor --
Commissioner Sanchez: No, no, no, no. Call the question.
Chairman Regalado: -- the Manager, and then we'll open.
Ms. Nagymihaly: But --
Chairman Regalado: Would you do that, please?
Ms. Nagymihaly: Yeah, I know. I won't say anything about that.
Chairman Regalado: OK.
Ms. Nagymihaly: But maybe you should clarify it to the people out here because once you've
voted on it, it's done, correct?
Chairman Regalado: No, no, no, no.
Ms. Nagymihaly: So, the --
Chairman Regalado: This is the millage. We're voting only on the millage. We're not voting
on the budget. We -- By law, we have to vote now on the millage --
Ms. Nagymihaly: So --
165 September 26, 2002
Chairman Regalado: -- and then we'll proceed on the whole budget. And that -- There's where
you can address any issue (INAUDIBLE)
Ms. Nagymihaly: So is that tonight yet? Or you have another meeting?
Chairman Regalado: It is tonight and tomorrow morning.
Ms. Nagymihaly: Oh, dear. We don't go home?
Chairman Regalado: No.
Commissioner Sanchez: We may not get out of here until about four o'clock this morning. Mr.
Chairman, call the question on the motion.
Chairman Regalado: Anyway, we have a motion and a second.
Mr. Vilarello: Mr. Chairman, close the public hearing.
Chairman Regalado: Yeah. We have closed -- I already said -- we have closed the public
hearing. Read the ordinance. Roll call.
The ordinance was read by title into the public record by the City Attorney.
(COMMENTS MADE DURING ROLL CALL)
Priscilla A. Thompson (City Clerk): Commissioner Teele.
Commissioner Teele: Mr. Manager, what is the millage rate that we're vote -- what is the exact
dollar amount? Did you read that?
Mr. Vilarello: I read that at the beginning of the public hearing.
Commissioner Teele: Yeah, but what is the dollar amount of the motion?
Mr. Vilarello: The millage rate is 8.85.
Chairman Teele: Eight point eight five. And what did the Manager recommend at the first
budget hearing?
Mr. Gimenez: We passed that 8.895.
Chairman Teele: So we're reducing it again --
Commissioner Gonzalez: Even more.
166 September 26, 2002
Chairman Teele: -- from the previous meeting?
Mr. Gimenez: Yes, sir. And we -- From the first meeting, there was a reduction. Last year's
millage was 8.995. It was a one-tenth reduction in the first meeting, and there's another
reduction in this meeting.
Commissioner Teele: And the Mayor and your office are in agreement on this millage rate?
Mr. Gimenez: Yes, we are, sir.
Commissioner Teele: When was the millage rate in the City of Miami as low as we're going to
take it now?
Mr. Gimenez: We only have records that go back 50 years, and it's never been lower in the 50
years that we have records for.
Commissioner Teele: So this will be the lowest millage rate in the history of the City of Miami
over the last 50 years?
Mr. Gimenez: The lowest combined, when you combine it with the --
Commissioner Teele: Debt.
Mr. Gimenez: -- with the debt service. Yes, sir.
Commissioner Teele: I vote "yes."
Ms. Thompson: Commissioner Winton.
Vice Chairman Winton: Yes.
Ms. Thompson: Commissioner Gonzalez.
Commissioner Gonzalez: Yes.
Ms. Thompson: Commissioner Sanchez.
Commissioner Sanchez: Yes, ma'am.
Ms. Thompson: Chairman Regalado.
Chairman Regalado: Yes, ma'am.
Ms. Thompson: The ordinance passes on second reading, 5/0.
167 September 26, 2002
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND
DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI
FOR THE PURPOSE OF TAXATION ; FIXING THE MILLAGE AND
LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of September 11, 2002, was taken up for is
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12278
Chairman Regalado: OK. Now, we go into the budget. And Mayor Manny Diaz has a budget
message. We'll hear from the Mayor, then the Manager, and then the public. Mayor Diaz.
Mayor Manuel A. Diaz: Thank you, Mr. Chairman. Over the last two weeks, my office has
worked very hard, in conjunction with the Manager's office, to reconcile some small differences
that we had from the budget proposals that were presented a couple of weeks ago. I'd like to
take a few moments now to review the major elements of this review -- revised budget proposal
that we're in agreement in. In the revised budget proposal, several items remain unchanged as
from two weeks ago. One is the lowerage of the millage rate, which you just voted to 8.85. In
addition, you know that I have set as a goal that we continue at least a half mill reduction over
the next five years -- every year over the next five years. The increase in reserves to an amount
of thirty million dollars ($30,000,000), a current increase of three point seventy-five million
dollars ($3,750,000) in General Fund support for the Parks Department. The funding included
for the implementation of the enterprise resource planning financial package and the computer-
assisted dispatch systems. A City Stat office and purchase of complaint tracking system. The
funding for staff positions for the Arts and Entertainment Council and the continuation of the
cleanup -- The Cleanup Miami campaign. Revisions to that prior proposal are primarily a
reduction of seven million dollars ($7,000,000) in CIP contribution. And those amounts, the
proposed revision to the CIP contribution, is due to the allowance of three million dollars
168 September 26, 2002
($3,000,000) to the Strategic and Management Initiative reserves, two million dollars
($2,000,000) to budgeted surplus, and the remaining balance resulted from adjustments to
revenue forecasts. The funds allocated to Strategic and Management Initiative reserves will be
used to fund mayoral and Commission initiatives, including Transportation Transit study, fleet
analysis, a Police study, a compensation and pension analysis, efforts to secure the FTAA (Free
Trade Area of the Americas), a smart zoning study, the FEC (Florida East Coast) Corridor study,
the (UNINTELLIGIBLE) Allapattah Civic Center study, the Miami River Economic study, and a
citywide poverty initiative. Thanks in great part to the advice and counsel and leadership of
Commissioner Teele on this issue, two million dollars ($2,000,000) will be allocated to
management initiatives, which will be used to fund a citywide poverty initiative. Given our
dubious distinction as America's poorest large city, I feel it is imperative that the City invest its
own resources to combat the effects of poverty on our residents in our neighborhoods. This
small investment further illustrates our collective commitment to improve the lives of our most
vulnerable residents. The campaign elements will include a micro lending initiative, which will
be funding to attract national micro lending intermediary, and provide both legal and technical
support for new entrepreneurs and existing small business owners, the expansion of existing
savings programs funding to support the individual development account programs that are
operated today by the Catholic Charities and the YWCA (Young Women's Christian
Association), and an outreach to enhance access to (UNINTELLIGIBLE). Funding will be
provided to support outreach campaigns to enhance access to the earned income tax credit, food
stamps, child care credit, and kid care. Just in the area of earned income tax credit, the IRS
(Internal Revenue Service) estimates that there are some thirty-three million dollars
($33,000,000) -- in excess of some thirty-three million dollars ($33,000,000) that are left
unclaimed in our city that our residents are entitled to. And that, Mr. Chairman, is what I would
call, hopefully, our collective vision towards progress for the City of Miami.
Chairman Regalado: Thank you, Mr. Mayor. Mr. Manager.
Mr. Gimenez: In the interest of time, sir, we agree with the Mayor's budget. Any differences
that we'd had a couple of weeks ago have all been ironed out. So we, the administration and the
mayor, I believe, we're total -- in total agreement. And we can enumerate that the minor changes
that were done to the budget that was presented to you two weeks ago, and that's basically our
presentation. I've already made two presentations on the budget and all the initiatives and
everything. I just -- I don't think we need to go through it again.
Chairman Regalado: OK. Go ahead.
Marcelo Penha: Marcelo Penha, Budget Department. As the Mayor mentioned, there were some
minor changes, which have been highlighted and presented to you as of this morning. You have
those. They include, basically, some stuff that the Mayor had already mentioned; additional
monies for capital for a parks trust, additional storm water to CIP, and of course, the reduction in
the millage rate. If you have any questions on any of the items, I'll be happy to answer them.
Chairman Regalado: OK. Any questions from the board members regarding changes in the
budget for the actual budget?
169 September 26, 2002
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes.
Commissioner Teele: I would, respectfully, ask that we just open up the public hearing and then
have our questions.
Chairman Regalado: Absolutely. So this is the public hearing. Anybody is invited to address
the members of the Commission and the Mayor, and then we'll have discussion. We don't have
a motion, yet, to approve the budget. So -- but this is a public hearing. Go ahead.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. As I said previously, I never
complain about my taxes because they are necessary evils of a service that everybody wants, but
very few people want to pay for it. Because everybody wants more police, more fire protection,
and garbage pickup and the whole thing. But what I complain is the way that sometimes the
services are provided that people -- different neighborhoods get different service. And I'm
complaining now because the other day I complained about something that's being taken care of
already in the Human Resources Department. And early this morning I called the City
Manager's office about something that was on our street, standing water for days and days. And
I called the NET (Neighborhood Enhancement Team) Office. I went by before I came here and
the Public Works people were working there. So that's what I want. That's what I expect.
People (UNINTELLIGIBLE) gardeners were working there on the -- John Jackson. But that's
what is it. We want the service when we need it, not 10 days later, not a month later. And that's
important to me because when I come here, I come here as a taxpayer. I don't come here as a
Cuban or as a Dominican, whatever. I come here as a taxpayer that's a resident of the City of
Miami. And I want service and I pay for them. That's -- I don't complain about my taxes or
anything. Another thing I want to talk about on this CIP and the Capital Improvements. I like to
see them moving fast. We're moving already fast in the bond issue. I am a member of that
board. But I remember projects in the park that we got cost overruns and a lot of problems on
account of the delay. And it was, at the time, 21 percent inflation, 19 percent inflation.
Remember that years ago. Now people OK. Inflation is over but still you have to have a
timetable to do something because people want to see results. People say, "What they doing
with the bond money? What they doing with that?" You know, sidewalks, streets, those things
that the people want, the municipal services. We don't want the grandiose plans or the big things
or the -- a Marlins stadium, all that. No, we want the services that affects the quality of our lives
everyday. And another thing they say about Miami being the poorest City. You know who the
guilty party is? The Miami government. Not now. Previous. They allowed all the institutions
of the County that nobody wants them -- because I work in Miami Shores, not Miami. I don't
see any of the things you see here in there. I don't see 202s. I don't see 208s. I don't see public
housing there. Why? The City of Miami allowed that the County to build most of the public
housing in Miami and that is cited lower the income. When you go to the census, the census
track, sure it lowers the income. You got people getting SSI, people getting no money at all. In
North Miami, when I deliver the mail, it's IBM dividends, GMC dividends. People get not
social security only, people get a low retirement money.
Chairman Regalado: Mariano.
170 September 26, 2002
Mr. Cruz: But here --
Chairman Regalado: We're going to cut you off.
Mr.Cruz: OK. But remember -- I know. I am glad that Mr. Teele didn't cut me today. Thank
you, Mr. Teele. Remember that we are worried about the services and the municipal services.
And we (UNINTELLIGIBLE) I don't care. Put my millage to 10, but please reduce the fees.
Don't call it a fee. We cannot deduct that from our itemized income tax. You know that.
Chairman Regalado: Thank you. OK. Go ahead, sir.
Al Cotera: Al Cotera, President, Fraternal Order of Police. Good afternoon -- or good evening.
A couple of the questions -- because, you know, this has been a really quick budget presentation,
probably one of the fastest ones I've ever seen. I know you're working diligently at it. But one
of the issues -- and I know that several people are here -- is the issue with the retiree health
insurance. Can that please be explained before we just blanket, you know, say we're approving
the Mayor's budget or the budget that's been proposed by both of you.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: I think, yes, you're right.
Mr. Cotera: Can we please --
Chairman Regalado: He should explain it to you.
Mr. Cotera: -- can you please explain that? And the other issue, of course, would be the rumor
that's floating around about the executive plan -- or the executive insurance plan. Anybody want
to comment on that before we all raise our hand and vote "yes."
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Sanchez: If I may, I think that the presidents of the unions and the members of
the unions, and our guests that are here today, I think, need to listen to the concerns that the
Mayor and some of the Commissioners have pertaining to the retirement health benefits. Of
course, prior '86, as you know, the retirees were able to -- did not qualify for Medicare because
they did not put money in their -- into the process. So one of the concerns we have is that in the
long run here, one thing that we -- I want to make clear is I don't want to have anybody who
worked for the City for many years and retires, it gets to a point where you don't have insurance.
I think that's not right for us to do. But if we look at the process itself, and we're looking at
bringing savings to the City, let me just say that when the unions came before us in contract
negotiations, there was an understanding. There was a word of bond between the unions and this
legislative body that we will work together to find ways to reduce fat in our government. And I
171 September 26, 2002
think that when those words were made I took them to heart, because I am union. I mean, I was
a State Trooper and I was with the union. So looking at some of these benefits, we find that, you
know, some questions have to be asked. The people that came in after '86 that qualify for
Medicare, those people are going to be fine. But let's say that '86 and before, people that did not
contribute to the Social Security, did not qualify for Medicare, well, those we have a
responsibility to pay for if they retired and, you know, they're 70 -years -old, and they're really
living on a fixed income. I think that as employees to the City, we have an obligation. But if
that individual retired young and went out and got a second job and put 20 years in another
company that now he qualifies for Medicare, then I think that the City doesn't have the right to
pay it if they have already insurance coverage from some other previous employee. The others
ones are from '86 on up, if you have 20 years with the City and you retire, you know, and you go
some place else and also you get another job and you also qualify for Medicare, then the City
shouldn't have to pay for it. But there's ways of compromising. And I don't want to feel today
or be like the family -- the skunk at the family picnic, you know. I think that I've addressed
issues that have been very tough to address. I've been criticized and I've been personally
attacked. One of them was workmen's comp. And I was very disappointed with the process. I
was very disappointed with the Executive Director. And in many ways, I was disappointed with
this administration for not taking the tough stand that it took many, many years to address that
issue. And, you know, people could always say, well, it's bureaucracy protecting bureaucracy,
and it's just a layer and layer of bureaucracy protecting. Well, at the end of the day, we all have
an obligation. The City Manager has an obligation. I have an obligation, and my colleagues and
yourself have an obligation, especially if you live in the City of Miami. And it's to protect the
taxpayers and protect the City. We talk about not killing the goose that lays the golden egg.
Well, you'd be stupid if you wanted to kill the goose that laid the golden egg. Because that --
thanks to that golden egg, a lot of people today are retired and are living a decent lifetime. I'm
not saying you're wealthy, traveling, taking seven cruises a year, but, I mean, you're
comfortable. You're able to pay your rent and stuff. So all that we're doing here is to sit down
with the unions because you gave me your word that you would sit down and find ways to
reduce the fat that was going out. And I think if we have one obligation -- and I speak for myself
here as a City Commissioner -- it is to cut fat and improve the services, and improve everything
that we can in our city. That's why I am not afraid to say I'm willing to put the last penny I can
into capital improvement because, at the end of the day, it's what the City looks like. So, that is
all that I have to say on that issue, but I would like to say that the people that may retire after 20
years, after the '86, you know, we can work something out with the City and I think that we can
find some type of gap insurance to allow them for a period of time until they find other
employment. Because most people in the City, not all, retire at a young age, and then they go on
and they seek other employments where they could put some more time and get another pension.
Most of us do that. I mean, I left the Florida Highway Patrol and I am looking at getting in
another pension where, you know, I would be able to qualify for both but still have my
healthcare. So, at no means is this the Commission or the Mayor going out and swiping away
anybody's benefit. We're just saying that it's -- for whatever reason, you have or your qualify
now for any type of Medicare, or any type of health insurance then -- from another company that
you worked for -- then, you know, we're not responsible to pay for it. And that's what we need
to look -- We could take that money and we could put it into an initiative that was put together, I
think, by good leadership, and it's to focus on the City of Miami's poverty. You know, I'm
ashamed to say we're the first poorest city in the nation. But I often say it because, really, it puts
172 September 26, 2002
reality in the people. We are the first poorest city in the nation. And it's a shame because we
have a wonderful city. Four years ago, our city was on the verge of bankruptcy. We all joined
together and we brought it back out, and now we're doing great. And we're going to continue to
do well. So, you know, the future looks great, but all that I ask is that we work together and find
ways where we could -- cost savings for the City, and make sure that nobody gets hurt in the
process. Saying that, I would ask that the Labor Management Council or I could direct the City
Manager to have the Labor Management Council, under the direction of the Mayor, whoever the
want to appoint, to sit down with them and maybe come back 60 days with some possible
recommendations. And I think that we're all acting in good faith, and we're all proud to be
Miamians and proud to be good residents, and good citizens, and good employees of the City, to
do whatever we can to find savings for the City. So, at this time, Al, I'll yield to you.
Mr. Cotera: I'm sorry I asked that question.
Chairman Regalado: Thank you. But --
Mr. Cotera: Real quickly.
Chairman Regalado: The Mayor --
Mr. Cotera: I will let you know --
Chairman Regalado: The Mayor has to be recognized because I think that he wanted to expand
on that and probably the executive benefits that you asked --
Commissioner Sanchez: But, no, the executive -- Al, you know that I shoot from the hip. I do
have a resolution that, effective January the 6th -- and I'll present it -- all -- the Manager will
cease providing any retirement benefits not authorized by law to the executive employees of the
City of Miami unless the benefits are approved by this Commission. Let me tell you why.
Mr. Cotera: Is that on a case-by-case basis?
Commissioner Sanchez: Not -- no. No, it's flat out. I think that this will allow us to come to the
table. It's a start to negotiate. And, also, let me just say, I have no problem with anybody
putting 20 years, 30 years, just like Mrs. Carter did, a fine, fine employee. But let me just say
something. If you look in the past and you see some of these retirement benefits -- and the
numbers will come out. Because another thing that I'd like to say is that being that we're on the
Commission part-time, and I try to focus as much as I can doing homework and seeking
information when sometimes it's like pulling teeth from the administration to get to where you
want to get, all right. And it makes it much, much harder for me to put the dots together and put
the numbers together to make a strong argument. That's why today I'm not prepared to make a
strong argument because I don't have all the facts, but I will get those facts. And let me just say
this. Some of those numbers are alarming, and when people see them, you have executive
directors that are retiring with tremendous salaries, great benefits, while you have the employee
out there, GSA (General Services Administration) or Solid Waste putting 50 -something hours,
working like an animal and, you know, at the end of the day, his benefits and his retirement
173 September 26, 2002
packages are minimal. And that's not fair. So I think that we need to address those things.
Once again, it's probably not the political right thing to do, but I think it's the right leadership
thing to do. And I'm just putting it on the table, seeking the support from the administration,
seeking the support from the unions, seeking the support from my colleagues, and above all,
seeking the support from the Mayor.
Chairman Regalado: OK. Can I ask you a question? Could you wait for the Mayor --
Mr. Cotera: Absolutely.
Chairman Regalado: OK. Then let's --
Mr. Cotera: I'll be more than happy to wait for the Mayor.
Chairman Regalado: -- hear the Mayor, and then we'll have questions --
Mr. Cotera: Been waiting for several months.
Mayor Diaz: Well, actually, the short answer to your first question was that there is no change
proposed in the budget with respect to employee retirement post -- post-retirement health
benefits, at the moment. But let me just talk to you in terms of my policy, and I wanted to make
this very clear. I view what is happening in the City of Miami today as a move towards moving
away from business as usual. The City of Miami, for a very, very long time, has made lots of
decisions that have created part of the financial problem that the City just went through. And a
big part of that is that there are monies all over the place and all kinds of different accounts, with
all kinds of different benefits that we find out one at a time, drip by drip by drip. I believe my
responsibility, as Mayor of this City, as an elected official, is to take care of those obligations
that I believe are the legal obligations of an elected official of this City. Those obligations to me
include if I have the ability to reduce people's taxes, if I have the ability to reduce people's fees.
I need to fix their streets. I need to improve their parks. If I have poor people that I need to
develop poverty initiatives for, those are the kinds of things that I believe we need to be spending
our money on. When I do not have a legal obligation to fund something, I don't believe I need
to. Having said that, we're all human beings up here and we all are concerned about people that
-- because bad decisions were made years ago, are in the predicament today. We can't put those
people out of health insurance. We can't put those people in harm's way when their health is on
the line. So you're not going to get anybody up here to do anything like that. However, the
message should be clear that those were decisions that were made in the past that we have to live
with today, but we don't want to live with them in the future. Now, hopefully, what we all hope
here is that through the Labor Management Council and working with you guys, as we discussed
months and months ago, OK, and through Commissioner Teele's leadership on that council, that
we can all work together to begin to look at these and say where don't we want to hurt
somebody, but where can we begin to change things. And I think that that's -- from a policy
perspective, that's where I'm coming from. And those funds, I believe, should be used to fund
the kind of initiatives and to fund the kind of legal obligations that we have to our current
employees -- because if I free up money, I can pay you guys more money -- or to reduce millage
174 September 26, 2002
or to do whatever it is I want to do. But today, for the people that we are representing today, for
the people that we have a legal obligation and a moral obligation to today.
Chairman Regalado: OK. Before --
Mr. Cotera: Like I said, I'm sorry I asked -- excuse me.
Chairman Regalado: -- before we go on, do you want to go with the motion on the executive
benefits now?
Commissioner Sanchez: No, no.
Mr. Cotera: I think I still have a question.
Commissioner Sanchez: I -- Mr. Chairman, I prefer that we vote on the budget, and then I have
two resolutions that I would like to put on the floor for a vote.
Chairman Regalado: OK. Al, go ahead.
Commissioner Gonzalez: Mr. Chairman.
Mr. Cotera: Real quick.
Commissioner Gonzalez: Oh, I'm sorry. Go ahead. Go ahead.
Mr. Cotera: Go ahead, sir. You're a Commissioner. I'm nothing but an employee.
Commissioner Gonzalez: I was listening to Mariano Cruz and some of his arguments, and he
pointed something out that is very important at least that is something that I know that we're
going to have to deal with in the future, but we're going to have to definitely deal with it. We
have an enormous amount of illegal units all over the City of Miami, which are producing an
enormous amount of garbage. I have in my district properties that have, within the property, five
and six units, OK, that are producing garbage. And these property owners are collecting rent.
They're not paying any taxes. They're not paying any fire fee. They're not paying any garbage
fee. And the rest of the citizens are carrying --
Chairman Regalado: Well, they're paying twice the garbage fee because when the crisis -- the
Fire Department went around the City and illegal units were billed as second households. Is that
correct?
Commissioner Gonzalez: That's when you're talking about one illegal unit.
Chairman Regalado: One, yes.
Commissioner Gonzalez: But there are many, many cases where you have --
175 September 26, 2002
Chairman Regalado: No, no. I understand. I'm just saying that the Fire Department --
Mr. Gimenez: There were 5,000 additional units added -- billing units were added during that
time. But I think that Commissioner Gonzalez is right. There's probably a heck of a lot more
that we didn't catch.
Commissioner Gonzalez: Right. And what happens is the rest of the residents or the taxpayers
of the City are carrying the burden for those people that are not paying their dues. So,
eventually, I have to agree with Mariano on his statement. Eventually, we're going to have to
start working in this issue because that's a source of income that is out there that isn't coming to
the City, and we're providing services for all these people. So that's an issue that we're -- like I
said, we're going to have to deal with it. And the issue of the insurance for the retirees -- when I
spoke to the Mayor, I also expressed to him my concern that I wanted to make sure that whatever
we do, we protect our people, or the people that served this City, and we assure that we don't
leave anybody hanging out there without an insurance policy to cover their medical bills.
Because, usually, when you need insurance the most is when you're getting older. And I even
told the Mayor about a personal experience that I had. My brother was 63 years old. He was a
strong man. He was never sick. And he retired at 62. He only had -- he only was entitled to, I
think it was Medicaid or Medicare, whichever part of the -- that pays the hospital. OK. And he
was diagnosed with cancer. He lived a year and a half and the amount of money that we had to
pay out in medicine and special treatments and things of that sort was incredible. Thank God,
we, our family, were able to take the burden and give him everything that he needed, but there
are many, many families out there that I'm sure they don't have the resources if they see
themselves on a situation like that to take care of their relatives. So, you know, I know we need
to save money. I know that we need to work to be more efficient and to find more income so we
can do more projects and do a better City, but, also, we have to look at the human part of this
deal. And that is that we got to make sure, like I said before -- and I won't support anything that
will affect the life of one single human being living out there without a right to have the right
medical treatment or medicine that the person might need. Thank you.
Chairman Regalado: OK.
Vice Chairman Winton: Mr. Chairman.
Chairman Regalado: Yes, sir, Commissioner Winton.
Vice Chairman Winton: Commissioner Teele brought this up at the last meeting when we were
talking about the fire fee. I think it was Commissioner Teele who suggested we look at some
way to really begin to ratchet it down over the course of the next five years or so. And, well, I --
Ms. Nagymihaly made the point that -- not that I'm particularly interested in agreeing with her
personally -- but as an issue, as a global issue, this seventy-five dollar ($75) -- And I never
realized this. I always thought that apartments paid the same fee as single-family homes. So
I've been here for three years and didn't figure that out. When you have an efficiency apartment,
where you're lucky if you can get, particularly in poor neighborhoods, where you're lucky if
you're going to be able to charge 350 or four hundred dollars ($400) per month, you know, that
seventy-five dollar ($75) fee is just huge. I mean, it's huge. And so, the point is when you talk
176 September 26, 2002
about this anti -poverty initiative that we're now kicking off, this fee does have a big impact in
that particular regard. So there may be a greater sense of urgency on our part to really -- and if
the study says and the law allowed us to initiate the fee based on this usage study that was done,
which means that we probably can't change the formula so that efficiency apartments pay less,
they'll still have to pay some relative proportionate share because that's what the study called
for. That means the only real answer is to get rid of it. And from my viewpoint, there may be a
greater urgency now to begin to move faster than we were thinking before to get rid of that fire
fee, because it will, in fact, have an impact on the Mayor's anti -poverty initiative, and probably a
significant impact. So I just wanted to echo your thought there, Commissioner Teele, that we
ought to look hard at that whole issue during the course of this coming year.
Commissioner Teele: If I can respond, Mr. Manager -- Mr. Chairman. Mr. Manager, I think it
will be very helpful if the study could be reproduced and resubmitted. I mean, we have a Mayor
that was, you know, that was not around for that study. Commissioner Winton and
Commissioner Gonzalez, I think, were not here. And the methodology of that study, I think, is
very helpful in terms of looking at who's generating and a whole lot of those things. Because I
do think -- Commissioner Winton just sort of broke the Code, and that is you cannot change one
category because the category is based on use. What you can do is reduce it for pro rata based
upon the commercial or the industrial, or the residential, or dah, dah, dah, dah, dah. So I think
that is extremely important that we look at it and maybe even -- One of the things that I -- you
know, unfortunately, Mr. Chairman, this thing is moving so quickly. I think this Commission, I
think the public owes the Mayor a debt of gratitude for really coming in with a lot of good stuff,
budget initiatives. I mean, we're talking -- we always wind up talking about the painful stuff, the
retirement, and we want to talk about that. But the notion of trying to get the free trade agency
here, which is built into his budget, the notion of dealing, for the first time, with the notion of
poverty, which gives us much more credibility to go to Tallahassee and to go to Washington to
get money. I mean, that's -- it's just good - it's good economic sense for us to recognize it. And
the whole series of initiatives that the Mayor is pointing out, I think, is a very fresh approach.
And I think it's the approach that we have sort of looked for, and that is a legis -- an elected
official working in tandem -- and I realize this was the first time this has every really happened.
Because before, Commission just said let the Manager figure it out. One time I saw a
Commission meeting say, well, I just move that we authorize the Manager to fix the budget. I
mean, literally. The lawyer, fortunately, was awake and said you can't do that because that's an
unlawful delegation. That's what you've got to do, Commissioners. This was about eight or
nine years ago. So we've come a long way. And I do want to say to the Manager and his staff
that I realize that there's probably been a little bit of pain and a little bit of anxiety, because
anytime you change things it's not going to go down as well. And this is a radical change. It's a
radical change. And of all -- of the six of us up here, only one is full-time. I'm talking about the
six elected. And so, Mr. Mayor, again, I compliment you and I think the City is getting its
money's worth, whatever it is, we haven't even looked at your salary, and this is a good time to
talk about that. Not with all those guys -- But we are getting our money's worth. And I really
want to commend you for dealing with the issues, and the hard issues, as well, which gets me to
the point that I want to make to my good friend and a person that I have tremendous respect for,
the head of the Police union, Al. Well, the fire -- I'm talking about the fire-- I respect all the
union leaders. I think each one of them know that. But I'm a little disappointed because -- and I
177 September 26, 2002
want to go back through this just for one minute. We just gave the biggest raise to the employees
of the City in that last how many years, Mr. Manager?
Mr. Cotera: Ten.
Mr. Gimenez: Thank you, Al.
Mr. Cotera: 1982.
Commissioner Teele: '82 is 10 years?
Mr. Cotera: Well, I'm sorry. Twenty years.
Commissioner Teele: Twenty years.
Mr. Cotera: Right after the 1980 riots.
Commissioner Teele: In the last 20 years -- And I made the motion, because, you know, that
wasn't really -- you know, this thing -- at lunch when we came down, there weren't three votes
here for this thing. So, you know -- and I think it's a little bit of violation of the spirit of what we
were all trying to do, where you all looked at me in the eye and said, if we can work this out, we
will sit down and we'll come up with savings. And this is, you know, this -- we haven't been six
months away, so we're going to have our first meeting soon. But the fact of the matter is, the
Mayor is only doing what all of us promised we were going to do when we passed that raise.
What is the total amount, Mr. Manager? Because I don't think the public realizes, you know,
that we just gave the employees a combined -- in terms of the three years, what's the total
percentage?
Mr. Gimenez: I think it's 12.1.
Commissioner Teele: A 12 percent raise over a 3 -year period of time.
Mr. Gimenez: Three-year period.
Mr. Cotera: Twelve point one.
Commissioner Teele: I mean, that's a -- that is a huge number, you know. Cost of living right
now is --
Mr. Cotera: We're still 32 percent behind the CPI (Consumer Price Index).
Commissioner Teele: And I recognize fully that the reason we did this is because for so many
years during the crisis you got nothing and you hung in there with us.
Mr. Cotera: Sure.
178 September 26, 2002
Commissioner Teele: And you've been very, very supportive. And when the City was being
proposed to be shutdown or de -annexed or whatever, the unions stood up. But I think we need to
begin tonight -- Johnny, you --
Vice Chairman Winton: That was my initiative.
Commissioner Teele: But we need to begin tonight, I think, with a little bit different spirit about
this in the context that we're all looking for ways to make savings. I want to say this publicly
because I said this privately to the Mayor and his staff. I cannot support taking away retirement
benefits without some type of understanding of who's going to be -- I'm saying health benefits,
and particularly, a means test. I cannot support somebody who's getting four hundred and fifty
dollars ($450) a month -- I don't care what the facts are, OK. -- four hundred and fifty dollars
($450) a month taking away their health benefits. But you know what this -- it's not about those
people. We've got people making a hundred thousand dollars ($100,000) a year, who, in many
cases, have health insurance that we're paying out health insurance for. And that's not right.
And so the idea is not to take a meat cleaver here and start going through this, but a scalpel, and
to try to work together. And I'm telling you, Al and Charlie, and everybody -- Pidermann --
everybody here. I want to see a means test. I want to try to understand this. And one of the
things that, thankfully, Commissioner Sanchez has just said, I think the Mayor is in support, that
we all ought to sit down, that is, the labor union representatives, and the Labor Management
Council, and try to figure out a way to be a partner with the Mayor and the Manager, and to try
to figure this whole thing out. And so, I just want to urge the union not --I'm not criticizing you.
You're doing your job as you understand it. I just think we ought to take a spirit of cooperation
to sit down, as Lyndon Johnson used to say, "Let us sit down and reason together." Let's figure
this thing out. Because the goal here is to find savings to support that nine -- that 12 percent --
was it nine or 12?
Mr. Gimenez: Twelve point one.
Commissioner Teele: -- that 12.1 percent increase that we just voted for. And so, again, I
appreciate you being here, but I do think it needs -- the whole story needs to be told.
Chairman Regalado: And if --
Mr. Cotera: Sir --
Chairman Regalado: -- if I may just briefly. The whole story will not be told until we read this
list and see that there are many employees in the City of Miami who make 5.15 an hour.
Commissioner Teele: An hour?
Chairman Regalado: An hour. And, you know what the sad thing is? The sad thing is that 95
percent of the people that make minimum wage have -- they have one of the most important jobs.
I mean, the police take care of us. The Fire Department saves our lives. But these people are
aides for the Parks Department. They take care of the children of the City of Miami, 5.15 per
hour. To me, this is about human rights.
179 September 26, 2002
Commissioner Teele: It's always about (INAUDIBLE). It really is.
Chairman Regalado: The universal declaration of human rights said that the human being has,
number one, the right to life. And number two, the right to work with decency. And this is not
fair. So, before we leave tonight, we should discuss business, which is something that should be
-- that the City should be ashamed of, really. OK, Al, go ahead.
Mr. Cotera: Thank you. Commissioner Teele, I'm sorry if when I asked the question it sounded
like I was being non-cooperative. As I said before, we're going from the paperwork that we
received at the last budget hearing, and it specifically states here one million, one hundred and
twenty thousand dollar ($1,120,000) reduction, and it claims it to retiree health insurance. That's
why I asked the question because it was my understanding that that had been fixed. All right.
Since the budget proposal went real -- went by real quick, I just want to make sure that
everybody who's here that our retirees realize -- because a lot of them don't know the
conversations that have already been held. I just want it for clarification, not being non-
cooperative. I first took office in 1991, and none of you were here, OK, none of you. When I
negotiated my first contract, we had to hire an economist to go inside because you had enterprise
funds, you know. You talk about putting all -- finding the accounts. Well, the unions found half
of them. All right. The unions found half of them. Commissioner Teele, you talk about pulling
teeth -- I'm sorry. I think it was Joe Sanchez. Commissioner Sanchez, you talk about having to
pull teeth for information. We'll get Charlie's box and I'll guarantee you we'll find out whatever
you need. You know, we have such things as auto tracks, too. As far as insurance is concerned -
- and I want to make this point clear -- retired police officers do not get a subsidy from the City
at all, maybe nine dollars ($9) I think it is, or twelve dollars ($12), OK. They pay their own tab.
They pay full cost. All right. I've raised insurance, not only for the retirees, but for my actives,
twice in one year. Just last month I had to raise insurance again. We all know that the cost of
health insurance is going up. All right. Mine went up by seventy dollars ($70) biweekly. All
right. A retiree and his wife are paying four hundred and fifty dollars ($450). Whether they
retired at seventy thousand dollars ($70,000) a year, a hundred thousand, there's many of them,
many of the people that are retired here, they're retired at twenty thousand dollars ($20,000) a
year. And many of them, much less, OK. And the cost of healthcare is going to go up for all of
us. I mean, you know, all you got to do is pick up a newspaper and it's quite obvious that that's
the way it's going to go. Right now we are working in conjunction with the City on a post -
employment health program so that people will be able to take their severance and invest it, in
the future, for medical premiums for that reason alone. So we are trying to do our best. I think
all the unions realize -- and, you know, we keep saying this about killing -- you know, nobody
wants to kill the golden goose, believe me. We are doing -- we're picking up our share. We are
doing our bid, too. Because for many years, sir -- yes, we did get a nice raise this time -- but for
many years, there were goose eggs there, OK. Goose eggs and reductions. I'm the one that had
to sign with Carlos Marques when we did reductions back in 1996. If I remember correctly, it
was December the 28th of 1996. OK. So I appreciate the fact that you're putting all the money
in one fund. It'll save me a lot of money on economists. On insurance, I understand that. I look
forward to working with all of you. I stood here before during the contact and I told you that I'm
-- you know, I don't want to see this place go down, just the opposite. And all I wanted was a
little bit of clarification. That's all. Thank you.
180 September 26, 2002
Commissioner Sanchez: Hope you got it.
Mr. Cotera: Thank you.
Chairman Regalado: OK. Pidermann.
Ed Pidermann: Ed Pidermann, President, Miami Association of Firefighters, Local 587. I'd like
to begin by congratulating and thanking several people. When this issue of the retiree health
insurance reared its ugly head, as I like to call it, a couple of weeks ago, I made contact with the
Mayor, with members of the Mayor's staff, various Commissioners, the Manager's office -- I
spoke with people from the Manager's office -- and I'd like to thank them and congratulate them
for being upfront, honest, open, receptive to contrasting ideas, working with us. I think I've
spent more time at City Hall this week than I have in the past year. And I'd just like to thank
you all for doing what you're doing today. What was originally rumored to be the track that we
were going on, which was going to be the proffering of a resolution today to make changes with
the retiree health insurance for the future, I am -- congratulate you for having the wisdom to pull
back on that idea. The way I saw that -- the way I viewed that was putting the solution before
the work that gets you to the solution. The idea of forwarding it to the Labor Management
Council is an excellent one. It's a perfect item to be the initial item to be discussed and debated.
But like Commissioner Sanchez has mentioned and I know all of you have mentioned in the past,
it's difficult sometimes to get information, to get numbers. Every time you ask a question,
especially in certain parts and this area of health insurance, sometimes it's a big unknown. It's a
very complicated issue. It's similar to pensions. It's very complicated and you don't know how
you get from point A to point B, you just get there. And the issue of health insurance is very
complicated. And without knowing the history, without knowing the numbers, without asking
the questions, without "what-ifing" this whole issue to death, we can't get the right solution.
And I would have hated to have seen an incomplete or an ill-informed solution be proffered and
passed when I think we're doing it the right way. And I congratulate you for that leadership. I
think it's the right way to do it. The Labor Management Council is the proper vehicle to
accomplish this. Like the other union presidents mentioned, back when we ratified our contracts,
we made a commitment to you. You made a commitment to us. We were going to be able to do
that. And as far as us participating with Labor Management Council, we have always been very
receptive to it. I've been waiting for my phone to ring to say, let's do it. And I'm glad that we
formulized a process. I know last meeting the Labor Management Council was formulized. And
I think Commissioner Teele was named, by the Mayor, to head up that process. And I think
that's a good choice. And I welcome to be able to work with all of you in that whole process,
especially Commissioner Teele. And I think we can get to the right solution, not the quick and
hasty solution, but I think the right solution. I think the comments that you've made, especially
about the existing retirees, there's a lot of issues there, a lot of factors there; the inability to plan
for the future. They are what they are. They are fixed income individuals. And I'm glad that
you've stated the fact that you have concerns for them, that we're all looking to protect them.
We don't want to harm anybody who is on a fixed income. But I think we can find the right
solutions, the right solutions for the City. We can find efficiencies throughout the entire
Department of Risk Management. Who says -- maybe we may not even find the solutions in
health insurance. Maybe the solutions will be in workers' comp or liability or a different carrier
181 September 26, 2002
for a health insurance. There's a whole laundry list of issues that we can get to the same place
with the least of amount of pain for the least amount of people, and, hopefully, allow the City to
prosper. And I congratulate you, and I thank you all. And I congratulate the Mayor and the
Manager for proffering this budget. And, hopefully, you'll all approve this budget because I
think it well funds all of the departments. Thank you.
Chairman Regalado: Thank you. Go ahead, Charlie.
Mr. Cox: I'm going to waste a few more minute of your time. Listen, if we can't find more than
a million dollars ($1,000,000) when we sit down together, there's something wrong. Our history
speaks to ourselves. I found out about this at the last Commission meeting, OK. Yes, you have
people here. Why? Because this was the way it was done, not on our part. And, Art, you're
raking us for that and it's not my fault. I gave you a commitment. I told you at the last
Commission meeting and this is how I found out. I'm going to tell you some other things. I
hope that you direct the Manager to open the EOC (Emergency Operations Center) because, you
know what, my office cannot handle the phone calls I'm getting with a staff of two over all the
rumors going on this side. You need a rumor control in this meeting. I will also tell you that,
you know what, there's one person in this City -- and it's wonderful to talk about what people
make. This one makes a hundred thousand. That one makes a hundred thousand. But you know
what? Judy Carter used to come to that mike, and for some reason, all of you used to perk up
and listen. You know what, so she must have been pretty respected. And guess what? You just
forced her out the door. She had no intention on leaving. That health insurance meant a lot to
her. Now, how many more people are you going to force out the door by January 6th? How
many more people are you going to force out the door -- you know what? You all deserve pay.
You have never sat here and heard Charlie Cox say, "You guys make too much. The executives
make too much." This and that. But let's start -- the budget's here. Let's start talking about
things. And I know what the game's going to be played right around the corner. Yeah, let's
don't give the executives any raises. Let's keep the MCs with no raises. And then, we're going
to say, oh, look guys, we didn't give anybody else anything so we're not going to give you two
years down the road. And guess what? Maybe you want a whole new staff here. Maybe none of
us old timers are any good. But you're going to have people walking before January 6th. We
have lost more people in the last year than we lost in two early retirements. So they're all going
to walk, and if that's what you want to do and create a new City -- But you know what? I'm not
stupid, either. There's such a thing called a salary report. And I've watched the silver spoons
coming in the door now at more money than executives that spent 20 years here, they're walking
in the door with more money than they're making. So I know how to play the game both ways.
Al told you about the box. If the box needs to come out, we'll bring it out. And you know what?
All you all have to do is ask for a salary report. This City should be treated fair. These
employees have stood tall for all these years in the good and bad, just like all of you have stood
tall in the good and bad since you've been here, and the people before you. And that's what's
going on in this City now. I told you morale was lower than I've ever seen it last week. Well,
there's no morale now. So I hope you have the Manager open up the EOC so the rumor controls
can see -- And at least we got a 3 -hour delay. Maybe the employees will get to watch this
tonight. Thank you.
Chairman Regalado: Thank you. Anybody from the public?
182 September 26, 2002
Ms. Nagymihaly: Yes. I'm here.
Chairman Regalado: OK. Go ahead.
Ms. Nagymihaly: Is this now the time to --
Chairman Regalado: This is -- you can say whatever. I mean --
Ms. Nagymihaly: Yeah. No, but I don't want to waste any time.
Chairman Regalado: After we've said so many things, you can say whatever you want.
Ms. Nagymihaly: Well, first I want to thank Mr. Winton for his comments and I would love to
work with him and love to agree with him on all these issues, so we can work together. What I
would like to say, though, is all of this is a give and take, and I understand that. But we give,
you take. It's not going to work. I hear now with the 12 percent increase, which is good for the
City employees, I'm not saying that's bad, but there is a give and take there, as well. And I
appreciate the foresight and the knowledge of our Commissioners and the Mayor in
understanding that things that were great, things that were too good should be brought back to
what the private sector is like. Just because union contracts were wonderful in certain ways up
until then, don't deny them that for that time, but start off, work somewhere and get this the way
the private sector is run. Get our City run correctly and everybody will be happy. But off that
subject, the fire fee -- I'm sorry I have to keep bringing it up, but I would like to see that reduced
immediately. There's no reason that an efficiency should be paying seventy-five dollars ($75)
per unit. If you look -- just driving on I-95, look down. You'll see most of the buildings are
two-story small buildings owned by a few owners, not big developers. Guess what. That's your
tax base. That's who puts the money into the General Fund for you. I know a lot of people are
saying. Taxes are going so high they can't get the rents to meet the taxes. Developers are
moving in and they're building high-rises. You know, Miami has been the small apartment
buildings, and these are the people that made it and don't take it all away. And that's what's
happening if you keep it at seventy-five per unit. So, can you discuss it now? Can you do
something? As you gave 12 percent to the unions, give us the sixty-one dollars ($61) this year,
and show a certain amount lowered in the years to come, and then get rid of it, please.
Chairman Regalado: Thank you. But we need your name and address.
Ms. Nagymihaly: Oh, Eva Nagymihaly, 3110 South Miami Avenue.
Chairman Regalado: Thank you very much, ma'am.
Ms. Nagymihaly: Are you going to discuss, though, or is that just me discussing it?
Chairman Regalado: No. Well, you heard Commissioner Teele's request --
Ms. Nagymihaly: But it's private?
183 September 26, 2002
Chairman Regalado: No, no. He requested a study from the Manager. We'll give you an
explanation as to why, by law, we cannot do it today. But you do have the commitment of this
Commission that the fire fee will be reduced and eliminated, eventually. But we need to have
the report, which will be a public record and you will have a copy. I guarantee you, as the
Chairman, that you will have a copy -- not you, her -- that you will have a copy of that report as
soon --
Ms. Nagymihaly: OK.
Chairman Regalado: -- as we get -- so the City Clerk will get your address, with zip code and
everything. I will mail that to you --
Ms. Nagymihaly: OK.
Chairman Regalado: -- as soon as we get it from the Manager.
Ms. Nagymihaly: All right.
Chairman Regalado: And then, you can -- you're invited to come to the City Commission,
regardless of the date of the City Commission. We'll accommodate you to discuss the report
when you read it. Because I know -- I've seen you for many years come before the Commission.
Ms. Nagymihaly: Oh, I've been here 50 years.
Chairman Regalado: No. But I mean your issue has always been the fire fee. And I understand
that because you're hurting for the people that you rent to. So --
Ms. Nagymihaly: Thank you.
Chairman Regalado: -- we'll give you that report.
Ms. Nagymihaly: OK.
Chairman Regalado: Yes, sir.
Donald March: Thank you, sir. My name is Donald March. I'm a retired police officer, served
the City of Miami for 26 years, as did my father and my brother. I currently live at 5935
Southwest 82 Avenue. If I might, before I address the issue on insurance, I'd like to personally
applaud any individual, any entity that was responsible for the restoration of this theater. I
served this particular community for much of my career in the Police Department. I can
remember when this was a vibrant entertainment center in this area here. And I applaud the
efforts of bringing back that kind of environment to this area here, and encourage all to find a use
for this theater and to continue the growth that this area needs. Second, Mr. Mayor, I take a
point of personal privileges as a native-born Miamian, I want to thank you, in your previous
career, for the tremendous way you represented this City, on behalf of your clients during the
184 September 26, 2002
Gonzalez thing. I think it was a very confusing issue for the rest of the planet. I don't think they
still understand what happened down here, but the manner in which you came forth and
represented this City, I think, was some of the finest moments any official or any representative
of the City has ever had. I currently am president of an association of retired firefighters and
police officers that number in excess of a thousand. Many of them are here tonight. Charlie
mentioned rumor control. I am unclear as to exactly what is proposed in this budget. And for
purposes of relaying back to them what has transpired here, I want to make sure that I understand
that what is now before you to be passed on in the budget, there is nothing in the way of a change
in insurance; is that true? If there is something that is proposed -- I heard that something 60 days
down the line in the form of a Labor Management Council. If, "A," what I understand is true is
true, then, "B," what I would offer, if you would entertain it, I would offer the names of two
retirees to work with the Labor Management Council on behalf of doing something different, at
looking at what the alternatives are in the area of insurance. Healthcare is something that is an
issue throughout these United States. It's being discussed widely in every industry. And I would
offer the names of a retired firefighter, Art Faddon (phonetic), retired police officer, Jack
Speakman (phonetic), to participate with you. And then, also, maybe to bring forth issues that
retirees -- and concerns that retirees have, and then to bring back what happens to the retirees so
that there is a greater understanding, and the we're not beset by rumors. Am I correct? Is there
not --
Mr. Gimenez: Don, the only change that you got in the retiree health benefits are those that were
enumerated in that letter that was sent out some time ago that got us back to a 70/30 mix, which
was the historical mix that we had in terms of the contribution by the retiree and the City.
Outside of that, that's it. In this budget, there are no other anticipated increases on that, as the
Mayor has says -- has said. But as also Commissioner Sanchez has said that there is a
determination to sit down and try to work out this issue so that the retirees are not hurt, but also
that the City can generate some savings on that end. But there is -- but in this budget, nothing
has changed outside of that letter.
Mr. March: OK. Well, we would be willing to participate if you need our input. And we have
some very sharp people. Thank you very much.
Chairman Regalado: Thank you. OK. Anyone -- anybody --
Commissioner Teele: Mr. Manager, for the record, would you get -- make sure we get the names
and addresses of the two gentlemen whose names -- as well as any representatives from maybe
the -- any of the other retired associations that may like to be, at least, informed of the initial
meeting so that we can make sure that they at least have notice of the meetings.
Mr. Gimenez: Yes, sir.
Chairman Regalado: Well, I'll tell you something.
Commissioner Teele: Let's close the public hearing.
185 September 26, 2002
Chairman Regalado: Let's close. But before closing the meeting, I think that although probably
some people will say, well, it doesn't have to do anything with what we're discussing. Recently,
the State Legislature was trying to save twenty-eight million dollars ($28,000,000) so they
reduced the cap where people can make money in order to get Medicaid. And fifty-five hundred
people in Dade County were taken off the Medicaid list, including a young man that I know,
lives two blocks from my house, who is a college student, and who needs to go everywhere with
a pack of injections because he's a diabetic and he could die if he doesn't get his three or four
shots a day. So, now he needs to, you know, get the money to buy and his parents are really
concerned. This, of course, doesn't have to do anything with what we are discussing, but it's the
reality of the times. Every government is trying to save. Every state is cutting. The federal
government is cutting the Medicare benefits. And it's sad that this is happening. But it will
happen in the City of Miami. For those who have other means of health insurance, the Mayor
has said we're going to look into it, and that will probably take time. What I don't think should
be prolonged is the fact that there are some people that left the City with large retirement and still
the taxpayers are paying thousands of dollars in health insurance. Because we just got a letter
from the board members, the Planning Board and the Zoning Board, and the Nuisance
Abatement Board, and the Code Enforcement Board saying that, you know, they do also want
health insurance, because after all, they put a lot of hours without pay for the City. So this is a
dilemma and something has to be done. I understand that Commissioner Sanchez has something
to say about this issue.
Commissioner Sanchez: Mr. Chairman, on the Labor Management Council, I would like them to
not only explore the retirement health benefits, but I also would like them to look at Risk
Management, too, because of the past and possibly ongoing abuse that continues to exist in Risk
Management. And one thing that was said here and wasn't quite clarified was that for God
knows how many years, Risk Management was paying more than 30 percent. They were paying
40 percent and I don't know exactly how much percent, but they were paying much more -- I'm
not -- I'm sorry, the --
Unidentified Speaker: It was like 70 percent, right?
Commissioner Sanchez: They were paying much more. I mean, it was 40 -- I don't know
exactly, but I think we need to put that on the table, too. Because I think we need to put
everything on the table.
Mr. Gimenez: Well, what I was referring to in that letter was that, for some reason, the City had
started to pick up more than the 30 percent, and we had not raised our rates for about five or six
years. A letter was given to the retirees saying that we're going back to that 70/30 mix, but it
wasn't all done at once. It's being stepped in -- into so that they can plan for the next two years
to -- and their rates are going to go up and it has saved the City -- it will save the City a couple
million dollars a year. But it gets us back to the historical 70/30 mix.
Commissioner Sanchez: And I think we need to say for how long. Because my point is you
were not the City Manager. There was another City Manager when I got here in '89 -- '98. And
when I started looking at the books, one of the things that popped me in the face with red flags
was Risk Management and all the mismanagement and abuse that was going in Risk
186 September 26, 2002
Management. I went through almost two and a half years with a City Manager that basically just
-- didn't want to hear what I had to say about Risk Management and all the abuse that was going
on. And then later on when things got -- you looked into it, you found out -- it was you who
found out that they were paying more. But for how many years were they paying more than their
share out of taxpayers' dollars?
Mr. Gimenez: Well, at least through 1994, because there has been no raise -- they did not raise
the rate since 1994, and that just started to flip the ratio to the City, and that's why we rectified
that with our letter.
Commissioner Sanchez: And would you agree with me, Mr. City Manager, that that is bad
management and that's waste, misuse?
Mr. Gimenez: It's bad management.
Commissioner Sanchez: Lack of trust.
Mr. Gimenez: I mean, it was bad management. Obviously, it's bad management. It should have
- the rate should have gone up and it should have -- that 70/30 proportion should have stayed
stable. I think we're trying to do more than that now. There are ways to -- when we get together
with Labor Management, there are ways --
Commissioner Sanchez: Right.
Mr. Gimenez: -- to reduce this cost and move people out of the system, without hurting them,
that will also not only save money on that side, but also will decrease our exposure to the
employees also. Because, remember, it's all a mix.
Commissioner Sanchez: I understand.
Mr. Gimenez: And so, you know, the rates are based on everybody that's in the mix.
Commissioner Sanchez: But the point is, since 1994 until last year when you yourself
terminated the Risk Management -- the Executive Director because of the ongoing problems that
were going on, we basically wasted -- I don't know exactly how much money. But the unions
need to know that, you know, I'm not making the motion to try to get that money back that was
given to the retirees, but, you know, take that into consideration that it was paid out of the
taxpayers' money, out of the City's money. I just want to say that for the record, you know. So
when you sit down at the table, there's clear understanding. I'm not going to get into a debate or
nothing. I just want you to understand that. I'm prepared, Mr. Chairman, to present a couple of
resolutions, if you would allow me to. Mr. Chairman.
Commissioner Teele: Got to close the public hearing.
Commissioner Sanchez: Oh, yeah, that's right. Close the public hearing.
187 September 26, 2002
Chairman Regalado: So, we're closing the public hearing and we're ready for motions.
Commissioner Sanchez: I made the motion.
Chairman Regalado: Go ahead, sir.
Commissioner Gonzalez: You made it?
Commissioner Sanchez: Yeah. I made the motion.
Commissioner Gonzalez: Second.
Chairman Regalado: No. The motion wasn't made on this portion. No, we --
Commissioner Sanchez: It's a motion to approve the budget.
Chairman Regalado: OK. Now we have it.
Commissioner Sanchez: Motion to approve the budget.
Chairman Regalado: We have a motion now.
Commissioner Gonzalez: And a second.
Chairman Regalado: And a second. Read the ordinance.
Commissioner Teele: Discussion.
Commissioner Sanchez: Discussion on it?
Chairman Regalado: Any discussion?
Commissioner Teele: Yeah.
Chairman Regalado: Oh, OK. Go ahead.
Commissioner Teele: Mr. Chairman, as we said in the last meeting, I have -- I think the Mayor
has addressed very well the concerns that I raised, with the exception of the one that I had asked
the Manager to look at with us. I'm going to be very interested in understanding exactly how
this poverty initiative is going to work out. Because, again, I think it's important that the poverty
initiative not be a one -size -fits -all, one -program -fits all, but we really need to carve programs
based upon some of the cultural and neighborhood issues. And the unemployment and poverty is
very radically different in this City, and I would hope that we could do some structuring to
ensure that. The two or three areas that I have concerns about Commissioner Regalado raised
one of them, and that is that I had hoped that we were going to adopt a budget that was going to
provide health benefits to all part-time employees that work at least some number of hours, and
188 September 26, 2002
that have been in the employment of the City for some period of time, whether it be three years,
five years, you know, I don't really care. But I think we've got to deal, not only with the
executives and the retirees that we're talking about taking away the benefits from, I think we
have a fundamental obligation to ensure that if anyone works for the City, they have access to
healthcare. And these employees that are working 38 hours and 36 hours is nothing but a legal
dodge, and it's an embarrassing dodge in terms of dealing with our responsibility. So one of the
things, I mean, we need to deal with and have some understanding, Mr. Manager, have we dealt
at all with this issue in the budget? The issue of the part-time employees that are not getting
medical benefits. And while I've never recommended that they be brought to 40 hours, I do
think that we afford them -- we should afford them the right to have health benefits. And what's
the fiscal impact?
Mr. Gimenez: The answer is no. We did not bring them -- we did not offer healthcare benefits
to our temporary and our part-time employees. The fiscal impact for part-time employees
offering them -- from what I'm looking at this chart and this other benefits, 32.6 percent, I'm
sure the vast majority of that would be health benefits -- is somewhere in the vicinity of about
one point three million dollars ($1,300,000), you know, to the City. So it's --
Vice Chairman Winton: Commissioner Teele, you've said this many times and that's the one -
shoe -fits -all thing that creates problems for us. I think this is a perfect example where that's
going on. I would recommend that -- and if that's the fiscal impact then if you figure out how to
make this work, the fiscal impact can be greatly lessened. And I would recommend that we
designate you as the chairman of the committee that will work with the staff to review this data.
Because all of these people that he's talking about won't fit that bill.
Commissioner Teele: Johnny.
Vice Chairman Winton: We're not -- you're not suggesting that we take every part-time person
and make them -- What you are suggesting is that --
Commissioner Teele: That's why I never made the motion.
Vice Chairman Winton: Right.
Commissioner Teele: Because they're too many --
Vice Chairman Winton: Right.
Commissioner Teele: -- unintended, unknown consequences --
Vice Chairman Winton: Right.
Commissioner Teele: -- and implications.
Vice Chairman Winton: And it is a scam that we work people, 38, 36, 39 hours a week for years
and years and they're not -- so -- and that's what you're trying to address. And I agree with
189 September 26, 2002
addressing that wholeheartedly. And my sense is that the cost of curing that problem isn't going
to be anywhere near that number. So, as a consequence, I think that my recommendation would
be that we pass this budget. We appoint you the chairman of this committee that's going to
review this data carefully, or bring -- hire a consultant if you need one --
Commissioner Sanchez: Second.
Vice Chairman Winton: -- to review the data and bring a recommendation back before the
Commission. That's my recommendation.
Commissioner Teele: Well, I accept that and I think that's the -- I think either the staff doing the
analysis or having the Labor Management -- and I think you're probably right. The best way to
do this, even though they are not represented by any union, this is not a union committee. This is
a Labor Management Committee. And I would accept that and think that that would be an
appropriate way. But this is something that we had discussed in August when we were in the --
Vice Chairman Winton: Right.
Commissioner Teele: -- the Hyatt. And I just want to be consistent that we said we were going
to deal with that issue. The second issue is this totally uncontrolled issue -- and I don't know
where the Police Chief is -- Is he here? Hey, Raul. Good to see you.
Mr. Gimenez: Yes, sir.
Commissioner Teele: We kept saying we need to get a handle on these festivals, parades, and
events. Now I know the Mayor has created an initiative for some festivals and activities. I think
it's -- what is that, three hundred and fifty thousand? Five hundred thousand dollars ($500,000).
But the problem that we're dealing with is a -- what is it, a three to five million dollar
($5,000,000) problem a year, in terms of -- She's coming. If you don't have the number, she's
got it. How much money have we gone through annually over the last two or three years in fee
waivers, in-kind, cash grants for the cost of police and fire? And it's important for the public to
understand. We're not talking about giving the Martin Luther King Parade, or the Calle Ocho
Parade, or the Three Kings Parade cash money. We're talking about the cost of the police and
fire and sanitation services. A majority of us have continued to say we're shooting ourselves in
the foot when we keep talking about giving somebody a grant of fifty thousand dollars ($50,000)
to pay the police. The police ought to be here to help some of these festivals. But it's got to be
controlled. And I want to make sure that we've got something in our budget that's realistic that
deals with this problem. How much, ma'am -- Madam Director?
Christina Abrams (Director, Conferences, Conventions & Public Facilities): To date, it's
682,000 but I don't know the exact portion that goes just to police and fire. I'd have to break
that down for you.
Commissioner Teele: No, no. You need to give your name and address.
Ms. Abrams: Christina Abrams, Director of Department of Public Facilities.
190 September 26, 2002
Commissioner Teele: Last year, how much money did we spend?
Ms. Abrams: I don't remember the exact amount. Approximately, 550,000, but I don't know
that amount -- what went exactly to police and fire. I'd have to break it down.
Mr. Gimenez: Commissioner, there is one issue. And I know that you've wanted to roll that
somehow into the Police budget.
Commissioner Teele: See, this is what's crazy, Mr. Manager.
Mr. Gimenez: Well, let me --
Commissioner Teele: We have a Police budget that is loaded at about how much money?
Loaded. The fully loaded budget.
Mr. Gimenez: Fully loaded, about a hundred and forty, a hundred and fifty million.
Commissioner Teele: A hundred forty, a hundred and fifty million dollars ($150,000,000). But,
yet, for somebody to do something good, there's no money in that budget for a parade, for a
festival, for an event. And the taxpayers are the same people paying the money. We're not
talking about sending -- You know, when I was a little boy, they used to send the motorcycles to
Tallahassee every time the governor had an inauguration. I'm not talking about the Governor's
inauguration, Ms. Range, because I know a whole lot of folks getting excited about this
Governor's thing. I'm talking about here in Miami. And I really believe that our budget, the
Police budget, especially, the fire, should have money built into it, as we agreed and requested so
that we're not necessarily having to appropriate money publicly in making it something that
looks like we're giving a grant to somebody to pay for being a good citizen.
Mr. Gimenez: But, Commissioner, it actually -- it's cheaper for us to give the promoter the
money and then pay the police than it is for us to pay the police. Because if we pay the police, it'
time and a half. And if they pay -- if the promoter pays the police, then it's an off-duty rate,
which is significantly cheaper than at time and a half.
Commissioner Teele: I fully understand that. And I mean, we've worked through that three or
four times. But the point that I'm making is this. How much money do we have in our Special
Events budget this year for special events activities?
Ms. Abrams: We have spent 682,000 --
Commissioner Teele: No. For the budget proposed.
Mr. Gimenez: This current budget, Marcelo, how much is that?
Mr. Penha: The budget starts off with, I believe, three hundred thousand, and then we did a mid-
year increase for another two hundred and eighty --
191 September 26, 2002
Mr. Gimenez: No. In this coming up -- this fiscal year.
Commissioner Teele: Coming --
Mr. Penha. Coming fiscal year, half a million.
Mr. Gimenez: Half a million, five hundred thousand.
Vice Chairman Winton: Cut short.
Chairman Regalado: Well, but how much does the Police have in their budget for --
Mr. Gimenez: They -- in their budget, they have overtime for -- in their regular overtime is for
those events that we pick up as in-kind services, they pay it out of their overtime. Those events
that we give money to, the promoter then pays the Police Department or the police officers at a
reduced rate. That's why I say that if we start giving more in-kind services, it's actually going to
cost us more money that if we actually just give the money to the promoters and then they hire
the police officers. For fire it doesn't make a difference.
Chairman Regalado: Yeah. But that was not the question.
Commissioner Teele: The only point -- if we've got 500,000 here, we've got -- the Mayor's got
an initiative of an additional two or three hundred thousand; is that right?
Chairman Regalado: The Mayor wanted --
Vice Chairman Winton: And the Police Department, you just heard, has overtime built in their
budget. So there's plenty of money here for this.
Commissioner Teele: Well, but the only thing that I'm concerned about, again, is the function of
poverty. In those communities where you don't have businesses that can do underwriting and
those communities where you don't have the corporate structure there, you know, and it's not
that we're giving these organizations money. What we're doing is paying the cost of municipal
services. And I just wish that that could be a little bit better, but we'll go through this, and
maybe, working through the Mayor's initiative or working through the Arts and Culture Council,
that we can -- huh -- Arts and Entertainment, we can begin to refine that. And those were two of
the questions that I raised over at the Hyatt. And I wanted to just be consistent regarding those,
Mr. Manager.
Chairman Regalado: Yes, sir, Mr. Mayor.
Mayor Diaz: I just want to -- on your -- on those two issues -- number one, on the last one,
believe me, I've sat -- watched enough of your meetings to see how you've constantly been
pulling your hair and trying to figure out how much have we spent on this already, and did we
say yes to these people last year, and blah, blah, blah, blah, blah. There's no rhyme or reason to
192 September 26, 2002
a lot of this what I've seen in terms of this process. One of the things that I would hope to
accomplish is that the Arts and Entertainment Council should begin to take this headache out of
your hands. And there's a couple of people that we sent to other cities to look at the way other
cities deal with this whole issue. And when it was explained to them that the City of Miami does
this, they couldn't believe it. Because the way they have set up their structures is that the City
adopts a certain number of events on an annual basis. They raise money from the corporate
community, and, in fact, they don't lay out a penny, not a penny. And I think that we're going to
be looking at this. We're going to continue to be working on this. And I think that, hopefully,
over the next year, we're going to figure out a better way to do this so it just doesn't keep
coming back to you. With regard to the first issue, I couldn't agree with you more. We are
waiting on some numbers, as well, because it all ties into this whole process and the living wage
that Commissioner Regalado has been talking about. But we cannot continue to play that game.
Chairman Regalado: Mr. Mayor.
Mayor Diaz: So, we're waiting on those numbers and we'll be happy to continue working with
you at developing those numbers.
Chairman Regalado: Mr. Mayor, on the events, the problem that we're having here is that --
Commissioner Teele is right when he says that there are areas and pockets in the City where
those events cannot get enough funds. And these events are companions and are true to the
different areas of the City. It's like the Jose Marti Parade. They cannot get a sponsor. Or it
would be very difficult for the Little Haiti Carnival or whatever to get major sponsors because
they are not accredited nationally like the Calle Ocho or whatever. So this coming year we're
still going to have the same problem because they should -- yes, they should go before the Arts
and Entertainment Council. They should because then this council will make very strong -- a
very strong case to the City Commission, not to pay the whole thing, but maybe to give them
more, you know. They are really enthusiastic about this issue. And I still say that the filming of
movies in Miami -- and I mentioned that you have gone to Hollywood -- should be something
that should be dealt by the Arts and Entertainment Council. Because now, today, we have --
today we had Southwest 8th Street closed from Versailles to 37th Avenue in the morning traffic.
Someone in the Police Department gave the Fast and the Furious the permit to close Southwest
8th Street or was it DOT (Department of Transportation), whoever. Then we're going to have, on
Friday, the Fast and the Furious closing 2nd Avenue, between 62nd and 69th. Now we all want
big-time productions here in Miami. And as a matter of fact, we should encourage those
productions to come here. But it has to go through a process. And we need to get more for
Miami, not in terms of money, but in terms of certain things that I think that we can get. So we
need to give this board a more serious role in defining all these activities and --
Vice Chairman Winton: Could we call the question on the budget, please?
Commissioner Sanchez: What?
Vice Chairman Winton: Call the question on the budget.
Commissioner Sanchez: OK. You ready?
193 September 26, 2002
Chairman Regalado: You ready?
Vice Chairman Winton: I'm ready.
Commissioner Sanchez: Let's vote.
Chairman Regalado: We need to read the ordinance.
Joel Maxwell (Deputy City Attorney): Is there a motion and second, Mr. Chair?
Chairman Regalado: We have the motion and a second. Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was passed on its first reading, by title, at the meeting of September 11, 2002, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Chairman Winton,
seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12279
The ordinance was read by title into the public record by the Deputy City Attorney.
Ms. Thompson: The ordinance has been passed on second reading unanimously.
Chairman Regalado: OK. Before we go on to the rest of the ordinance, Commissioner Sanchez
has the floor for some resolutions.
194 September 26, 2002
Commissioner Sanchez: Thank you, Mr. Chairman. Pertaining to the Labor Management
Council, I don't know if that was formed through a resolution or not. I'd like to -- motion to
create the Labor Management Council, consisting of a Commissioner appointed by the Mayor.
The Mayor's office will have representation, also Human Resource -- a representative from the
Human Resource, a representative from the Labor Relations Board, the City Manager and
members of the four unions to discuss retirement health benefits and also look into risk
management, and find ways to produce savings to the City, and to come back with a report in 60
days. So move.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second. All in favor --
Commissioner Teele: Excuse me. Would you allow an amendment for 90 days or 75 days?
October -- let us at least come back for the first meeting in December.
Commissioner Sanchez: Well, I believe you're going to be the appointee by the Mayor so
absolutely.
Commissioner Teele: Seventy-five days.
Commissioner Sanchez: Seventy-five days. I accept the 75 days.
Chairman Regalado: OK.
Commissioner Gonzalez: Second, as amended.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
Mr. Pidermann: Sir, can I --
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
195 September 26, 2002
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1069
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A
LABOR MANAGEMENT COUNCIL TO INVESTIGATE AND EXPLORE
OPTIONS OF SAVING MONEY FOR THE CITY, AND TO REEVALUATE
BOTH THE FINANCIAL FEASIBILITY AND THE CITY'S COMMITMENT
FOR THE CONTINUED PROVISION OF RETIREMENT AND HEALTH
BENEFITS TO ITS EMPLOYEES; DIRECTING THAT THE COUNCIL
SHALL BE COMPRISED OF ONE COMMISSIONER APPOINTED BY THE
MAYOR (COMMISSIONER TEELE), REPRESENTATIVES FROM THE
DEPARTMENTS OF HUMAN RESOURCES AND LABOR RELATIONS,
THE CITY MANAGER, AND ALL FOUR UNIONS; AND FURTHER
DIRECTING THAT THE COUNCIL SHALL CONDUCT ITS
INVESTIGATION AND EVALUATION AND REPORT BACK ITS
RECOMMENDATIONS TO THE CITY COMMISSION IN SEVENTY-FIVE
DAYS.
(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.
Mr. Pidermann: Can I just make a comment?
Chairman Regalado: Go ahead.
Mr. Pidermann: Ed Pidermann, President of the Miami Association of Firefighters. I just think
that you've kind of tied yourself down. You created the council. You've created the process for
the appointments to the council and everything. And now you've just pigeonholed yourself into
a very narrow scope as to what their mission is. And I think you should --
Commissioner Sanchez: Well, the mission itself is basically retirement health benefits, look into
Risk Management and find ways to cut -- produce savings. It could be on anything.
196 September 26, 2002
Mr. Pidermann: My understanding of the Labor Management Council was more expansive. It
was Citywide. It was operations. It was efficiencies in all areas of the City. And it was, you
know, to look at the needs of the City, redistribution of resources.
Commissioner Sanchez: That's fine.
Mr. Pidermann: I just felt that that was the original --
Commissioner Sanchez: All right.
Mr. Pidermann: -- intent of the Labor Management Council.
Commissioner Sanchez: And any other means to produce savings. How's that? Risk -- look --
risk -- retirement health benefits, risk management and any other means to create savings for the
City.
Mr. Pidermann: Just it should also look at the operations because not only should you be looking
at savings opportunities --
Commissioner Sanchez: Efficiencies.
Mr. Pidermann: -- but also there may be identification of needs. Your operations are probably
not foolproof. You may be --
Commissioner Teele: I'll say this. If I'm appointed, our first thing, other than what has been
assigned, will be to look at a mission to come back to the Commission on.
Commissioner Sanchez: How's that?
Commissioner Teele: I think that will be a better way --
Mr. Pidermann: I think that's better.
Commissioner Teele: -- to do that. Because I will tell you. I'm very concerned about training.
Mr. Pidermann: Right.
Commissioner Teele: I'm very concerned about education and those other kinds of things to
increase productivity --
Mr. Pidermann: Right.
Commissioner Teele: -- as well, not just savings, but productivity.
Mr. Pidermann: Right.
197 September 26, 2002
Commissioner Teele: But I think what Commissioner Sanchez is doing just gets us started.
Mr. Pidermann: I agree. I think that it's great to get us started, but just don't narrow yourself to
a very narrow scope. That's --
Commissioner Sanchez: I just couldn't have said it adequately like Commissioner Teele, who's
an attorney, you know. He's got those thousand dollar words, you know. OK. So move, Mr.
Chairman.
Chairman Regalado: OK. Now, the motion.
Commissioner Gonzalez: Second.
Chairman Regalado: It's already -- we voted already.
Commissioner Gonzalez: No, we didn't.
Commissioner Sanchez: On the risk management? We did on the management council?
Chairman Regalado: Yes, we did.
Commissioner Sanchez: OK.
Commissioner Teele: When?
Chairman Regalado: We just did.
Commissioner Gonzalez: No, we didn't.
Chairman Regalado: A few minutes before Pidermann spoke.
Commissioner Gonzalez: Oh, oh.
Commissioner Teele: Then I want to take one exception from the Chairman, Mr. Mayor. I agree
with everything Tomas just said, except the last thing. And I think we need to have this thing out
in the public. And I would like, Mr. Mayor, the following. I think we need to determine whether
or not this City is going to be a wide-open City for movie production, or whether we're going to
be a restricted City, or a modified City for movie production, or whether we're basically going to
say, go take a hike. And I'll tell you, we can't have it all ways. Because you're making
decisions -- we're making decisions by not having a real structure and a process. With all due
respect, I take strong exception from the Arts and Entertainment Council because that is going to
be a bureaucracy. If there is one thing that everybody -- and I will tell you, the late Phil
Hammersmith, who was very much involved in this years ago, if you talk to the people over
there in the State Film Council, the one thing Hollywood wants is they want access to the
governor; they want access to the mayor. And if we're going to have the Office of the Mayor,
198 September 26, 2002
with all due respect, I think that's one thing -- he can have anybody. He can have the committee.
But the -- we need to delegate -- I think the decisions for film, in the Office of the Mayor, and we
ought to have a public hearing about it. We ought to let the public be heard about it. I happened
to have gone to Versailles today. And I will tell you. It was unbelievable the number of people
that were being paid down there as walk-ups. The trucks and all of that. This is a --
Chairman Regalado: That is precisely my point.
Commissioner Teele: But you know what, Tomas? We haven't let the public --
Chairman Regalado: That is precisely my point.
Commissioner Teele: We've never had a public hearing on whether or not we want to develop --
Chairman Regalado: That is precisely my point.
Commissioner Teele: -- a policy that encourages wide-open for the -- and puts the Office of the
Mayor, and Manager, and the City behind inducing and providing for the kinds of enhancements
and expedited, and inconvenience -- let's say it -- and inconvenience from time to time. We've
got to manage those inconveniences, but inconveniences. Because we're losing this battle
already before it gets started. CSI, Miami opened as the number one TV show since -- was it ER
or what was it? They just had a special in 1984. The highest rated -- and you know, this could
be another Miami Vice, but I'm telling you. If we start nickel -diming, sending people around
here saying one day you can film, the next day saying you can't film. We need to basically let
the public know that we either are for it, or we're against it. And it's going to be some
inconvenience. So we need to say that upfront.
Commissioner Sanchez: And some compromises.
Commissioner Teele: And some compromises. But the -- this can't be a committee process.
The Mayor has got to have the authority, I believe -- and he may not want it -- and I'll tell you.
It's going to be more headaches than anybody's going to want, but somebody's got to have the
authority to say do it or don't do it, and it's got to be a balancing act. But what we did, I think,
with the filming over there on Venetian and all of that?
Commissioner Sanchez: McArthur Causeway.
Commissioner Teele: McArthur -- that was crazy. I mean, we sent all kind of crazy signals out.
Mr. Gimenez: Commissioner.
Commissioner Teele: We want it. We don't want it. You got the Police Chief making the
decision -- making recommendations. You got the DOT making recommendations and
decisions. Most of these -- a lot of these roads are state roads. We've got to centralize this stuff.
199 September 26, 2002
Mr. Gimenez: Commissioner, we've learned a lot from our previous mistakes and we're having
meetings now with the industry. We're getting their plans well in advance so that when we think
there's time for them to make a change, they can make a change, and also enough time for us to
advise the public of when the inconvenience is going to start. So we've already made some of
those changes. We've had some meetings with the industry, and I think the process is going to
be a lot better in the future.
Chairman Regalado: What I said just precisely --
Mr. Cruz: Mariano Cruz, 1227 --
Chairman Regalado: Wait, wait, wait. Let me just say this. One second.
Vice Chairman Winton: Is this a public hearing again?
Chairman Regalado: One second before Johnny gets impatient because it's not 4 a.m., but it will
be.
Commissioner Gonzalez: Yeah, the way we're going.
Chairman Regalado: Let me tell you.
Commissioner Teele: We're out of here.
Commissioner Gonzalez: We'll be here tomorrow.
Chairman Regalado: Let me tell you. That is precisely what I said what Commissioner Teele
just explained. What I said is that we have the Police Department -- someone in the Police
Department making a decision. And what I said is that this committee or any entity -- it doesn't
matter -- should have the authority and the resources to say to the film industry, we want -- we
will go out and seek extras, if you want to. We will try to work with the merchants in order to
have a more orderly closure of the street. Would you let us invite some residents to watch how
you film? These are the things that the police doesn't do or -- because they are in the business of
an office work. I asked the Police Department and I asked the Manager, did you -- when you
granted everything that you did to Bad Boys, you made a commitment -- did you have a
commitment from them that they will do a premiere here in Miami, which they will invite the
police officers that -- and their families -- that worked in that movie? No, we don't know. It's a
good idea. That's the things I'm saying that it should be done through the Arts and
Entertainment Council. Go ahead, Mariano.
Mr. Cruz: Yeah. Mariano Cruz --
Vice Chairman Winton: Wait, wait, wait.
Mr. Cruz: 1227 Northwest --
200 September 26, 2002
Vice Chairman Winton: Is this a public -- wait, wait. Excuse me. Are we in a public hearing?
Are we in a public hearing?
Chairman Regalado: Yes.
Vice Chairman Winton: On what?
Chairman Regalado: On the budget.
Vice Chairman Winton: I thought we just voted on the budget.
Chairman Regalado: We still have the budget.
Commissioner Gonzalez: No, no, no.
Vice Chairman Winton: What part of the budget? We voted on the budget. I -- there was a roll
all. Did we not vote on the budget?
Chairman Regalado: We have an ordinance --
Vice Chairman Winton: So we voted on the budget.
Chairman Regalado: We have an ordinance --
Vice Chairman Winton: We've already gone to a couple of other resolutions that Commissioner
Sanchez --
Commissioner Sanchez: I still have two resolutions to go.
Vice Chairman Winton: He has two others. I have a couple things. I don't think we're in a
public hearing.
Mr. Cruz: The union people spoke and the whole thing. I have the right to speak as a resident.
Mariano Cruz, 1227 --
Vice Chairman Winton: There is no -- Mr. Chairman, is there a public hearing?
Chairman Regalado: No, there is not a public hearing.
Vice Chairman Winton: OK. So could we get through --
Mr. Cruz: Excuse me.
Vice Chairman Winton: -- some of our agenda items, please?
201 September 26, 2002
Chairman Regalado: Well, Commissioner Sanchez has some items, and then I have some items
where you --
Vice Chairman Winton: And I have some items.
Commissioner Sanchez: Mr. Chairman, my resolution -- or my motion goes with the budget.
And it's a motion designating five million dollars ($5,000,000) of fiscal year 2002 surplus as
reserve funding for underwrite future pension costs of the City. Basically, what it does -- this
money is there. It just needs to be allocated for future underwrite pension costs. So move.
Vice Chairman Winton: Second.
Chairman Regalado: OK. We have a motion. Any comments?
Commissioner Teele: But let's hear from the Manager.
Commissioner Sanchez: Mr. Manager.
Mr. Gimenez: We have no problem with this. It really is a technical issue. It has no material
affect on the budget.
Commissioner Sanchez: In other words, for point of clarification, the money is there.
Mr. Gimenez: It's already there.
Commissioner Sanchez: It just has to be --
Mr. Gimenez: It's already there. We've already identified -- we have an expense stabilization
fund that's meant to do that. So this is really has -- there's no problem with this.
Commissioner Sanchez: OK.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
202 September 26, 2002
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1070
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO DESIGNATE AND RESERVE $5,000,000 OF THE
FISCAL YEAR 2002 SURPLUS AS RESERVE FUNDING TO UNDERWRITE
PENSION COSTS OF THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Mr. Chairman, I also have a resolution of the City of Miami
Commission directing the City Manager cease providing any retirement benefits not authorized
by ordinance, resolution, or other applicable law to executive employees of the City of Miami,
unless the benefits are approved by the City Commission. This resolution will take effect
January the 6th, 2003.
Chairman Regalado: OK. We have a motion.
Commissioner Gonzalez: Second.
Chairman Regalado: And we have a second. Any comments? Mr. Manager, you wish to say
anything?
Mr. Gimenez: No. I have no problem.
Chairman Regalado: OK. All in favor, say "aye."
Commissioner Teele: Let's --
Commissioner Sanchez: Let's discuss it.
203 September 26, 2002
Chairman Regalado: Who wants to discuss? I asked.
Commissioner Sanchez: I don't know.
Commissioner Teele: This gives anyone who wants to -- this does affect anybody that's here --
Commissioner Gonzalez: No.
Commissioner Teele: -- that may want to leave.
Commissioner Sanchez: Exactly.
Commissioner Teele: Is that the intent?
Commissioner Sanchez: Yes, sir. That is the intent.
Commissioner Teele: So, if there is a City employee who feels --
Commissioner Sanchez: That they may want to retire and they're moving on to greener pastures,
they could go ahead.
Commissioner Teele: So, if they don't get anything right now, it doesn't change it. It means that
they can apply to the Manager, the current Manager, and that Manager will continue to have the
discretion as to whether to provide it or not, up until January 6th
Commissioner Sanchez: Exactly. And on that note, it is not a personal issue. I have the utmost
respect for the City Manager. I just think that, for the future, I think it's going to bring some
control. With the next City Manager that comes in, at least this Commission would have a say
on any executive benefits that are given to any City employee.
Mr. Gimenez: Mr. Chairman, I want to make one thing pretty clear, though. I want to clear the
record on this, OK. This Manager did not increase any benefits. This Manager took away some
benefits that already existed. So, I lowered the benefits, in terms of health insurance, for benefits
-- for executives. They're still in effect. Those reduced benefits are still in effect today.
Commissioner Sanchez: I thought it -- I thought I said this wasn't personal, Carlos.
Mr. Gimenez: I just want to make sure that everybody understands because there may be a
misconception that somehow this Manager gave some kind of benefit that wasn't already there in
the past. I want to make sure everybody understands that this Manager reduced those benefits.
That's all. Those -- the reduced benefits are still in effect today.
Commissioner Sanchez: So you want to clarify the misunderstandings?
Chairman Regalado: OK.
204 September 26, 2002
Mr. Gimenez: Any possible misunderstandings that --
Commissioner Teele: Would you consider one amendment, a friendly amendment? Because let
me tell you what. This Commission, like all other Commissions, when the crowd gets there, has
a history of turning south and running. So I just want to be real clear on one thing. I would
prefer your resolution to say, "will be decided by the Commission," because I don't want to vote
on it because there's going to be nothing good out of that, "with a Manager's written
recommendation." In other words, it doesn't make sense for us not to have a recommendation
before first --
Vice Chairman Winton: Agreed.
Commissioner Teele: -- when we vote.
Vice Chairman Winton: Yeah. Absolutely.
Commissioner Teele: I mean, you know, who's going to do the staff work? Who's going to --
you know, I would -- Mr. Mayor, I would hope you would -- All that I'm saying is just to add in
your resolution "will be voted upon by the Commission, with a written recommendation from the
Manager."
Commissioner Sanchez: Just to add "a written recommendation" --
Commissioner Teele: With --
Commissioner Sanchez: With --
Commissioner Teele: -- a written recommendation from the Manager.
Commissioner Sanchez: As the maker of the motion, I have no objections to amending my
motion to state that.
Chairman Regalado: OK. We have a motion and --
Commissioner Gonzalez: Second, as amended.
Chairman Regalado: -- and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
205 September 26, 2002
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1071
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER, EFFECTIVE JANUARY 6, 2003, TO CEASE PROVIDING
ANY RETIREMENT BENEFITS NOT AUTHORIZED BY ORDINANCE,
RESOLUTION OR OTHER APPLICABLE LAW TO EXECUTIVE
EMPLOYEES OF THE CITY OF MIAMI UNLESS THE BENEFITS ARE
APPROVED BY THE CITY COMMISSION, AFTER A REVIEW OF THE
CITY MANAGER'S WRITTEN RECOMMENDATION RELATING TO SAID
BENEFITS.
(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 Sanchez: Carlos, always smile. Always smile.
Mr. Gimenez: Yes, sir.
Chairman Regalado: Vice Chairman Winton, you have some --
Vice Chairman Winton: I have two similar kind of motions. A motion designating a million
dollars ($1,000,000) of the fiscal year 2002 surplus as strategic initiative reserves, and two
million as management reserves to fund a citywide poverty initiative. And then I have a follow-
up tied to that. So moved.
Commissioner Teele: Second.
Commissioner Sanchez: OK.
Chairman Regalado: We have a motion and a second. Any questions?
206 September 26, 2002
Commissioner Sanchez: No discussion. Call the question.
Chairman Regalado: 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. 02-1072
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO DESIGNATE AND RESERVE $1,000,000 OF THE
FISCAL YEAR 2002 SURPLUS AS STRATEGIC INITIATIVE RESERVES
AND $2,000,000 AS MANAGEMENT RESERVES TO FUND A CITYWIDE
POVERTY INITIATIVE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Winton: And, as a follow-up to that, in essence a motion to direct the Manager
to put on the October agenda an appropriation of two million dollars ($2,000,000) for the poverty
initiative. So move.
Commissioner Sanchez: So move. Second.
Commissioner Teele: Well, an appropriation with an authorization. In other words, you got to
have a program before you appropriate it.
Vice Chairman Winton: That's correct.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
207 September 26, 2002
Chairman Regalado: It passes.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1073
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE ON
OCTOBER AGENDA PROPOSED LEGISLATION FOR APPROPRIATION
OF $2,000,000 FOR THE POVERTY INITIATIVE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Mr. Chairman, if I could just take time to recognize one of our fellow
colleagues, Commissioner Willy Gort. Couldn't see you back there because of the lights.
Chairman Regalado: Hello, Willy.
Commissioner Sanchez: Good to see you, friend.
(APPLAUSE)
Commissioner Teele: Mr. Chairman, I would like equal time. I would like the honor of
recognizing one of our other former Commissioners, Commissioner Athalie Range.
(APPLAUSE)
Commissioner Sanchez: Any other ex -Commissioners out there? Because with the light it's
hard to see out there, all these lights.
36. STATE WILL OF COMMISSION THAT NON -TEMPORARY CITY WORKERS BE
PAID LIVING WAGE; MANAGER TO COME BACK WITH REPORT REGARDING
FISCAL IMPACT OF SAID LIVING WAGE.
Chairman Regalado: Johnny, would you chair for just a second? I have a motion.
208 September 26, 2002
Vice Chairman Winton: Mr. Chairman, you are recognized.
Chairman Regalado: Thank you very much I have a motion. We mentioned that living wage
ordinance and of course everything that we do in this area of salaries has an impact, but it is
important that we send the message to many workers in the City of Miami who have seen years
go by without any increase and so my motion is to request from the City Commission the support
to state the will of the City Commission to increase to a living wage the salary that workers who
are not temporary or seasonal workers get as paid in the City of Miami, and to direct the
Manager to come with a report regarding the impact, because what I have here, it has a lot of --
see it has a lot of information that is very complete but it's not real, because like we have
recreational aides who work only during the summer but this is budgeted for the whole year, so
the impact here would be different than the real impact to the budget, so that is my motion, but to
state the will that every worker in the City of Miami who is not temporary will be paid a living
wage. That's my motion, Mr. Vice Chairman.
Commissioner Gonzalez: Second.
Vice Chairman Winton: We have a motion and a second. Is there discussion? I would like to
make one comment. This is -- I'm not sure I completely understand this motion, because while
the concept sounds real good and I know that you've put in there that the directing the Manager
and his analysis to determine what the cost would be, but the cost is a crucial element in terms of
whether I'm going to support it or not; so I'm not going to just sit up here and blanketly say that
yes, absolutely, I want to do this, because it sounds good on TV (television), but the reality is if
it's going to cost $4,000,000 a year or some number, and I don't know, I just made up that
number up --
Chairman Regalado: That's why I voted no with the union contract, because it was going to cost
$4,000,000.
Vice Chairman Winton: Right, so -- and that's my point. I think the concepts ok to talk about,
but I want to see the numbers, and I don't want to be putting my name on a vote where I'm
simply saying yes, yes, yes that's all great and good, and then find that I'm going to vote against
it, so I just want the public that's listening to me to understand where I'm going to be coming
from when I see the numbers. OK, we have any other comments on this motion? Being none, all
in favor signify saying, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Opposed, like sign. Motion carries.
Chairman Regalado: Thank you very much.
209 September 26, 2002
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 02-1074
A MOTION THAT IS THE WILL OF THE CITY COMMISSION THAT THE
CITY WORKERS WHO ARE NOT TEMPORARY BE PAID A LIVING
WAGE; FURTHER DIRECTING THE CITY MANAGER TO COME BACK
WITH A REPORT REGARDING THE FISCAL IMPACT OF SAID LIVING
WAGE.
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
Mayor Manuel A. Diaz: Mr. Chairman, I just want the record to reflect that it's 8:30 and this
City Commission has approved budget, unlike our counterparts who took till 6 o'clock in the
morning today to approve theirs, and I also wanted to say that I thank obviously the Manager's
office but also wanted to thank all of you, because in developing this whole budget it took a
tremendous amount of input from all of you and in the many different areas and so this has really
been as Commissioner Teele described, a sort of a historic development of a budget because for
the first time in really, as best as I can tell, has really been a collaborative effort between the
administration and all elected officials in this process and I think that's part of why we're
finishing at 8:30 on the budget.
Vice Chairman Winton: Where is Oscar Corral. Has he left already? How did he get out?
37. MAKE APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS
SCHEDULED TO BEGIN IN FISCAL YEAR 2002-2003 AND CONTINUING PREVIOUSLY
APPROVED PROJECTS.
Chairman Regalado: Mr. Mayor, we still have the ordinance for the new Capital Improvement
projects, and these are the projects that are scheduled to begin in fiscal year 2002-2003, and
continue approved projects, so if we have a motion, we can discuss it and --
Commissioner Teele: So move.
Chairman Regalado: -- vote it.
210 September 26, 2002
Vice Chairman Winton: What item? What item is this?
Chairman Regalado: That's the ordinance on the CIP (Capital Improvements Program).
Vice Chairman Winton: 18C?
Chairman Regalado: We need to, you know, approve this because --
Commissioner Gonzalez: Second.
Chairman Regalado: -- this is the money for the CIP.
Vice Chairman Winton: So moved.
Commissioner Gonzalez: He already moved. I seconded.
Vice Chairman Winton: Who did?
Chairman Regalado: We have a motion and a second. Discussion.
Commissioner Gonzalez: Commissioner Teele.
Chairman Regalado: It's a public hearing. Mariano, it's your chance.
Commissioner Gonzalez: Mariano wants to go home.
Chairman Regalado: We're discussing CIP, but then you can --
Mariano Cruz: On the Capital -- Mariano Cruz, 1227 2e Street. Depends when you say "CIP,"
you got to be careful. You talking about Capital Improvement Projects or the Civilian --
Chairman Regalado: Capital Improvements.
Mr. Cruz: -- Investigative Panel?
Chairman Regalado: No. Capital Improvements.
Mr. Cruz: You got to be careful there. No. On this one, I think that we're moving along fine at
the Homeland Defense bond. We're moving along, and we got a new person on board, an
engineer from Broward, Janet. And I think we are moving on it. But they say all -- now we are
to coordinate everybody together, all the different departments of the City to work together
because people are asking me, there at the neighborhood level, when we will start seeing the
sidewalks, when we will start seeing the street. And one of the streets there in Allapattah that
needs to be fixed is the continuation of 28th Street.
211 September 26, 2002
Commissioner Gonzalez: Let me tell you that they started this week. I received an e-mail from
Public Works. They're doing, to the best of my recollection, about 15 --
Mr. Cruz: No, I --
Commissioner Gonzalez: -- they're doing sidewalks in about (INAUDIBLE) different areas.
Mr. Cruz: -- I saw sidewalks on 19th Terrace --
Commissioner Gonzalez: Right.
Mr. Cruz: -- and 17th Avenue --
Commissioner Gonzalez: They're doing plenty more --
Mr. Cruz: -- which is fine.
Commissioner Gonzalez: -- like I said. Doing some on 36th Street, 17th Avenue --
Mr. Cruz: Right. No. That's what people like to see. And today they were working on 12th
Avenue and 26th Street with a big truck cleaning drains out, which is fine. Even doing part -- on
12th Avenue, which is the County and the County is not doing their work and that's something
good to me. I don't care who does it but to be done. And --
Chairman Regalado: Thank you.
Mr. Cruz: --just that.
Chairman Regalado: Thank you.
Mr. Cruz: Not much, anyway. No complaints.
Chairman Regalado: Marcelo, you want to state on the record the change?
Marcelo Penha (Budget Department): Yes. There had been -- was some changes from what was
handed --
Chairman Regalado: Your name.
Mr. Penha: -- in the agenda package. Marcelo Penha, Budget Department. There were some
changes from the agenda package. Some of the changes that Mayor had mentioned, including
the appropriation for the CIP (Capital Improvements Program) administration, the million dollars
($1,000,000) in efficiency studies, appropriations for the Model Cities Homeownership Trust --
Commissioner Teele: Marcelo, that's exactly the item. How much are we -- how much do we
have in that for that technology center? Is the three million dollars ($3,000,000) in here?
212 September 26, 2002
Mr. Penha: I believe, if I'm correct, the three million dollars ($3,000,000) you're referring to is
not in here. That is to be discussed -- it was not part of the first tranche for the bond issue. And I
believe there's going to be discussed during the second tranche, where we still have an additional
twenty-eight million dollars ($28,000,000) to appropriate.
Commissioner Teele: Well, you're not -- you're -- certainly, you're not suggesting that that
money -- well, you're not suggesting at all that the two fifty-five contains the Model Cities Trust.
That's what you just said. I didn't see that on the capital list that we --as an earmarked project.
Mr. Penha: From my recollection, there was six million dollars ($6,000,000) appropriated for
the infrastructure --
Commissioner Teele: No, no, no. In the two fifty-five bond issue -- you just made reference to
the two fifty-five bond issue. And I want to make sure that Frank Rollason and Mr. Nachlinger,
you're all listening very closely because this is what we don't want to start to happen. We
approved a two fifty-five bond issue with earmarked projects, Marcelo, with earmarked projects.
This project that is here that we're talking about now was not one of the earmarked projects, the
Model Cities Trust technology, right? Right?
Robert Nachlinger (Assistant City Manager, Finance & Administration): Commissioner, there
was six million dollars ($6,000,000) allocated to a project in the two hundred and fifty-five
million dollars ($255,000,000) bond issue for Model City infrastructure. The infrastructure piece
is undefined. Clearly, the first tranche of the bond --
Commissioner Teele: But you know what? The good thing about the guy who's still alive that's
here is you don't have to go back and try to read notes, federalist papers on what I meant --
Mr. Nachlinger: Yes, sir.
Commissioner Teele: -- when I made that motion. And what I want to make sure that nobody
on this staff does because it would be extremely presumptuous and could create a lot of
misunderstandings if anybody on the City staff starts trying to spend money from the two fifty-
five by suggesting to the constituents that this is where the money going to come from when it
was not specifically earmarked. Because what I don't need is for you or Marcelo, or the
Manager to start trying to take away the discretion that I have and that the Commissioners have
individually on any of these accounts other than as it relates to the earmarked dollars, the
earmarked dollars we've all agreed on, OK. And, you know, the commitment that I had made
was some gateways. I have some commitments with Congresswoman Meek on some specific
projects that she wanted and all that kind of stuff. But what I'm suggesting is I don't want staff
to start saying the money's going to come -- can come from here, because that's not on the table
right now. The question is, don't you have ten million dollars ($10,000,000) of un -earmarked
bond funds?
Mr. Penha: The -- you're referring to the unallocated. The --
213 September 26, 2002
Commissioner Teele: I'm referring to the unallocated account. Did we give Commissioner
Regalado about eight million dollars ($8,000,000)?
Mr. Penha: Of the old storm water sewer bond money. Correct.
Commissioner Teele: Exactly.
Mr. Penha: Well, I mean, I would suggest we bring the acting Executive Director because that's
the budget proposal as I understood it and as it's being appropriated.
Commissioner Teele: See, I'm telling you, Commissioners. Y'all better listen because if this
stuff starts -- if it starts, you know, what's going to happen is that every department director will
start committing money and we'll all be running from around here in a minute. Let me say this.
That money is not on the table for this project at this time. You know, I am one hundred percent
committed to it, but we -- but what I don't want -- because this is very dangerous, Commissioner
Gonzalez. It's very dangerous, Commissioner Sanchez, when the staff starts sitting around and
you're sitting there meeting with different constituents, trying to figure out how this goes and
there's already a commitment made for over half of the money for we say Model Cities
infrastructure, and half of the money is being committed by staff.
Commissioner Gonzalez: And I'm glad --
Commissioner Teele: You're going to have a real problem.
Commissioner Gonzalez: And I'm glad that you brought it up. Because, if you remember when
there was the distribution of the bond monies, I was short and the ten million dollars
($10,000,000) for sidewalks and streets and all of that that was assigned to my district, I believe
it came out from this fund. So, you know, I want to make sure that whatever we're doing is
correct. Because, like you heard -- you just heard Mariano, you know. And I have made a
whole bunch of commitments out there on streets and sidewalks and improvements.
Chairman Regalado: So, what -- OK. We have this ordinance for the CIP and --
Commissioner Teele: But what I would like to do since this (INAUDIBLE) Commissioner
Winton, you said you had a better example. I didn't mean to cut you off at all. I'm sorry.
Vice Chairman Winton: Well -- but it's just to make your point. If you remember -- now, before
we even thought about a bond issue, you know, I've been working on the Grand Avenue project,
as you know, since I got elected and it wasn't even my project. It was before I got elected. And
the administration found all the money we needed to do the Grand Avenue project. Now that's
all put to bed, but we used -- we also used that as part of the, you know, bigger picture in terms
of all the stuff we're doing in the City as part of capital improvements. And the next thing I
know, three million of the money we need for the Grand Avenue project is in my first tranche of
my first ten million. And where it was coming from before, which is long, you know, committed
long ago, you know, I don't know where that money went. But it got yanked out of my first
round of ten million in the bond thing. And so, my point is --
214 September 26, 2002
Commissioner Sanchez: I thought I was the only one having that problem.
Commissioner Teele: No. Let me tell you something, Johnny. The money, the thirty-seven
million dollars ($37,000,000), what was the bond that we got the legal opinion from the former
City Attorney that authorized us to expend all of this money? Was it thirty-seven million in that
Coconut Grove sewer bond?
Alejandro Vilarello (City Attorney): The Sanitary Sewer, that was, I believe it was twenty
million.
Commissioner Teele: It was more than that. But you see, this is my point, Johnny.
Vice Chairman Winton: I know. I'm --
Commissioner Teele: Let me tell you what the legal point here is, just so we put this thing on the
table. It took a lot of analysis and justification and wordsmithery [sic] to get that money to be
spent Citywide out of Coconut Grove. That money was bonded out for Coconut Grove's
projects and you should not have that problem on Grand Avenue. I mean, I should have that
problem. Tomas should have had the problem on the eight million -- Didn't we give you eight
million for the storm water on Flagler? He should have the problem, you know. But Coconut
Grove, I mean, we've got -- you know, that's sort of the mother load on that. So what I'm
suggesting to the staff in this process is we need to be very careful about how the staff is
beginning to point people to go get the money. Because, you know, Marcelo, there's ten million
dollars ($10,000,000) of unallocated capital dollars. Is that right Commissioner -- Mr. Manager?
Frank Rollason (Assistant City Manager, Operations): Yes.
Commissioner Teele: Unallocated capital dollars.
Commissioner Sanchez: Ten million?
Frank Rollason (Assistant City Manager, Operations): The -- that's what's left right now, but
you have to keep in mind that ten million dollars ($10,000,000) is not free to use whatever
category you want to put it in. There are --
Commissioner Teele: Restrictions.
Mr. Rollason: -- restrictions on those categories. So, as you go with that unallocated amount
that's left, we have to stay within the restrictions of those categories, unless it's changed by
ordinance.
Commissioner Teele: Well, I'll tell you where I am. And there's another big issue and we need
to pass a ordinance or a resolution, Mr. Manager, Bob, because there's another rumor going
around with the senior study, and that is the twenty-eight million dollars ($28,000,000) or
something can be used -- the amount of dollars over and above -- How are we going to pay debt
215 September 26, 2002
service costs and all that? We need to do an ordinance or something, in the next 60 days, on the
cost of the debt service and issuance of the bond, you know, bond issue, so that nobody spends
up the interest dollars and all of that. Because people are beginning to talk about that, OK. You
know what I'm talking about? Interest dollars.
Mr. Nachlinger: Yes, sir.
Commissioner Teele: And we need to be very clear that none of these interest dollars that are
going to be there can be used on projects, because that is how the bonds are going -- the issuance
costs and the subsequent issuance costs are going to be paid; is that right?
Mr. Nachlinger: No, sir. The bonds were issued based on our current assessed evaluation times
the point -- 1.218 mills, and we're not going to be required to use the interest revenue generated
from these funds for debt service or to pay cost of issuance. The net proceeds on the hundred
and fifty-three million dollars ($153,000,000) in bonds that we issued totaled a hundred and
fifty-five million because we sold some of these bonds at a premium, and paid all of the costs of
issuance out of that and still had a net of 155.
Commissioner Teele: You're the expert, Bob. I want to see the numbers on how the full two
fifty-five and the issuance costs, and all of the costs associated with the two -- full two fifty-five,
because we approved two fifty-five in projects.
Mr. Nachlinger: Yes, sir.
Commissioner Teele: There's an issuance cost -- We went to the voters for two fifty-five for
proj ects.
Mr. Nachlinger: And that's all we can issue.
Commissioner Teele: I understand that. But the issuance cost -- what I don't want to do is to
wind up on the last end to say all the projects have to be reduced by two percent, three percent,
four percent to cover the issuance cost. There may be an answer to it but I think people are
talking about the interest cost around here, OK. And I just want to make sure before any senior
staff person starts discussing the interest dollars that are going to be derived, that is, as long as
the monies aren't spent, they're sitting in a bank account drawing some interest, that we don't
start spending up interest money because you can see what's beginning to happen right now.
Mr. Nachlinger: Yes, sir.
Commissioner Teele: So, I'd like to have a plan on that. The only issue, Lucia -- Madam Vice -
- Acting Chair -- Are you the Chair?
Unidentified Speaker: No, I'm Vice Chair.
Commissioner Teele: I'm sorry Mr. -- Brother Range. Lucia, you had talked to us on this. Is
there --
216 September 26, 2002
Lucia Dougherty: Yes, sir.
Commissioner Teele: -- any particular point that you would like to be heard on? And I know
that you all have a request in to the management for three million dollars ($3,000,000).
Ms. Dougherty: Yes. In our budget, we actually had three million dollars ($3,000,000) request
for the technology center. And it was in a budget item called "Unallocated Homeland Defense
Neighborhood Improvement Bonds." I understand that at this --
Commissioner Teele: Respectfully.
Ms. Dougherty: Respectfully, yes, sir.
Commissioner Teele: -- respectfully, we've given you all a broad authority but we didn't give
you the authority to --
Ms. Dougherty: No. We proposed this budget to you. Now, from what I understand from
Marcelo, those -- there are no longer any unallocated bond funds. I'm here to make a plea,
though, for this technology center. It is a three million dollar ($3,000,000) budget item. We
actually have a location picked out. It's at 62nd and 15th Avenue. And, you know, there's ways
to address poverty. This whole program is to address the poverty. And there's ways to do it on a
short-term basis, such as what the Mayor's doing with his income tax credit. But on a long-term
basis, the only solution to poverty is to educate our young people, and that is the only solution.
And we think that this is a start in that direction and a real infrastructure improvement in this
neighborhood, which is something that we need to do. We're going to have Orchid Elementary
School and Drew right next to it. This is something that I think that is not only going to be an
infrastructure that we're going to -- we're going to start creating wealth, we hope, in that
neighborhood by creating homeownership, but we've got to have a wealth of intellect, as well.
So we would urge your approval of this three million dollars ($3,000,000) from somewhere. It
may not be in this bond issue. It may be from someplace else, but at least a consideration of this.
Commissioner Teele: You are brilliant.
Ms. Dougherty: And I'm sorry I didn't introduce my Vice Chairman. I'm just a board member
here but --
Commissioner Teele: Lucia, let -- and Mr. Range, let me just say one of the reasons that I'm so
sensitive to this, see, because I've got credibility. I went to the Mayor. I went to Ms. Haskins.
One of the things that I kept begging them for -- to consider was -- in District 5, we've got
poverty. One of -- there's two areas or three areas that I'm concerned about. One is
entrepreneurship, creating small businesses, women, welfare -to -work and that. The second area
that I have expressed concern about are organizations like the YMCA (Young Men's Christian
Association), the Optimist, that don't have corporate sponsors. And the third area that we talked
about was technology. So when I'm going to the Mayor trying to get the technology money, you
know, I'm speaking to the need for technology. And what I don't need is the Mayor feeling like
217 September 26, 2002
I'm trying to double -clutch him on something because that was not my intent. I have asked for
money for technology in the Model Cities Homeownership Program.
Ms. Dougherty: Thank you.
Patrick Range: Thank you. And, you know, just to confirm that. You know, we feel that --
Commissioner Teele: Pat, you have to give your name, just for the record.
Mr. Range: OK. Patrick Range, Vice Chairman of the Model Cities Trust. Just to reinforce
what you have said, Commissioner. You know, this is a very comprehensive program that has
been put forth here. If any component is left out, then it's going to mean that it's going to affect
the success of the total program. And we feel very serious that the technology aspect of this
whole thing is going to ensure the future of this whole community. And, as Ms. Dougherty said,
we do ask you to give every consideration possible to getting money for this technological
portion. Thank you very much.
Commissioner Teele: Where --
Vice Chairman Winton: Where are we?
Commissioner Teele: Where we are, Mr. Chairman, is that the capital projects are in here and
there was a request being made now and being recommended by staff on capital projects that are
not here. But we sort of clarified -- it's not -- that particular project is not in here. It'll come up
on a different track after we --
Vice Chairman Winton: Later.
Commissioner Teele: -- work through that.
Vice Chairman Winton: OK.
Chairman Regalado: OK. Any more questions? We have a motion and a second.
Commissioner Teele: I would like to ask for an amendment. I would like to move that the staff
be instructed, as a part of this ordinance, to identify the funds -- How much was that number for -
- it's in Commissioner Winton's district, the 11th Street restructuring, from Biscayne Boulevard
to the railroad track to 3rd Avenue?
Mr. Rollason: I would have to defer to Public Works and see if John has a number for that. I
know they've been working on that. And I see a head shaking --
Commissioner Teele: Ms. Lewis, do you have the number? The 11th Street restructure --
Mr. Rollason: From the Boulevard -- is the Boulevard the 3rd or the Boulevard the 5th? I thought
it was the 3rd
218 September 26, 2002
Commissioner Teele: 11th Street, which is Biscayne Boulevard and 11th Street --
Mr. Rollason: Right. Going west to --
Commissioner Teele: -- going west to the railroad track to 5th Avenue.
Annette Lewis (Executive Director, CRA): That is correct, sir. Northwest --
Commissioner Teele: What's the dollar amount?
Ms. Lewis: We had 3.5 million, sir.
Commissioner Teele: I would move an amendment requesting that the Manager identify three
point five million dollars ($3,500,000) from unallocated dollars from the capital program and, if
available, to come back as a supplemental to this. Johnny.
Vice Chairman Winton: I'm sorry.
Commissioner Teele: I said I'm moving that the -- from the unallocated capital funds -- that is
not the bond money, not the three fifty --
Commissioner Sanchez: Well, how much is --
Mr. Rollason: That's out of the ten.
Commissioner Teele: It's ten. We gave eight to Flagler Street.
Commissioner Sanchez: And you're taking three. That's 11 according to my math.
Commissioner Teele: Hold it. Hold it. Hold it.
Mr. Rollason: Six, I think.
Commissioner Sanchez: No, no, no.
Mr. Rollason: Marcelo, didn't Flagler Street get six out of that storm -- it was six, wasn't it?
Mr. Penha: Yeah.
Mr. Rollason: Six.
Vice Chairman Winton: This is a storm --
Commissioner Sanchez: Wait a minute.
219 September 26, 2002
Vice Chairman Winton: -- this is a storm --
Mr. Rollason: Yes.
Vice Chairman Winton: -- whatever.
Mr. Rollason: But that storm water is a part of the total unallocated and it's just happens to be
one of the categories that's there. There are other categories that all this money is -- makes up.
And what we'd have to do is go through there and find that there are appropriate categories that
we could glean that 3.1 that could be used on that type of a project.
Commissioner Teele: I'll take it up at the next meeting. Let's do some research and get it --
Mr. Rollason: OK.
Commissioner Sanchez: That's -- thank you. Mr. Chairman.
Chairman Regalado: Yes.
Commissioner Sanchez: Thank you, Mr. Teele, for doing that --
Chairman Regalado: We are --
Commissioner Sanchez: -- because, you know, it's back and forth. I mean, I'm fine and dandy
the ten million dollars ($10,000,000). You got your six million or eight million for your sewer. I
mean, I'm all --
Commissioner Gonzalez: I also --
Commissioner Sanchez: -- for it for helping you with your project, but, I mean, we have needs
throughout the entire community. And when we identify these pockets of money, it's not going
to be a free for all for everybody to try to get that money. I mean, I just --
Commissioner Teele: Well, let me just tell you the one thing that Mr. Cruz -- and I hate to -- Did
he leave, I hope? Yeah. Good. The one thing that I agree with that Mr. Cruz said is this, we are
not being very responsible to have bond funds that don't have projects attached to them. It's fine
to have reserves but it takes so long to move projects. And having a reserve is having the
programs earmarked, because it's going to take three to five years to outlay these dollars. And if
you -- and so, what I'm saying is this: There's ten million dollars ($10,000,000) left. I think we
Commissioner Sanchez: It's my understanding there's not ten million left because he took eight.
Commissioner Teele: No. There's a net of ten million dollars ($10,000,000) left.
220 September 26, 2002
Mr. Rollason: Right. In other words, after what's been debited, that's what's left in the pot right
now.
Vice Chairman Winton: Because (INAUDIBLE) or 21.
Commissioner Teele: And all that I'm saying is those dollars have been --
Chairman Regalado: And, remember, this six million were not given to me. This was Citywide
projects that sewer --
Commissioner Teele: And --
Commissioner Sanchez: (INAUDIBLE) sewer problems.
Chairman Regalado: -- like we did the Orange Bowl as a Citywide and the Little Haiti Park as a
Citywide.
Commissioner Teele: Tomas, Tomas, those projects, the Orange Bowl and the Little Haiti, were
in the bond issue. And those are Citywide and I'm not making an exception. And I feel the one
community that has gotten the least amount of money, because of the historical not being in the
CDBG (Community Development Block Grant) category and all that, is your district. I'm not
pointing that out to try to embarrass you or to do anything.
Chairman Regalado: No, no, no. I'm just saying --
Commissioner Teele: I'm just saying that the one --
Chairman Regalado: -- that it's Citywide.
Commissioner Teele: -- the one thing that Mr. Cruz is saying is that you've got money there.
And you know what people say, you got money then why are you raising my taxes? Well, you
know what? You can't use the capital money to pay the operating costs. And nothing is going to
happen until you designate those projects. So I'm withdrawing it and asking Johnny to consider,
because it's in Johnny's district. But I know one thing. The people on that street are paying four
times the taxes -- they're not in my district. They can't vote for me. But they're paying four
times the taxes that they were two years ago, and they're getting nothing. And the street needs to
be reworked. And so --
Vice Chairman Winton: And could I add a point to that? And you said they're not in your
district. The people don't vote for you. They don't live in my district and they don't vote for me
either. That's a point I tried to make at the beginning of the night. Downtown is a unique
circumstance. There are no voters. I don't get one extra vote out of spending the dollar
downtown, but what we do get is what you just pointed out, four times the increase in revenue
that can come virtually overnight, and that's what could come in big chunks if we invest --
Commissioner Teele: And it goes Citywide.
221 September 26, 2002
Vice Chairman Winton: And it goes Citywide. It goes Citywide if we invest in the
infrastructure.
Commissioner Sanchez: In those ten million dollars ($10,000,000) that are there, the fairest
thing to do, we've got five Commissioners, is two for each.
Vice Chairman Winton: But it is -- Joe, that's -- I --
Commissioner Sanchez: Let's be fair because I got needs in my community.
Vice Chairman Winton: That isn't fair. That is not fair.
Commissioner Sanchez: But, Johnny, it isn't fair?
Vice Chairman Winton: That is not fair.
Commissioner Sanchez: Why isn't it fair?
Vice Chairman Winton: Because then let's distribute the ad valorem tax revenue that's
generated, put it back into the areas where it's generated on a dollar -for -dollar basis like you're
suggesting we did the capital dollars.
Commissioner Sanchez: OK.
Vice Chairman Winton: Where are you going to be then?
Commissioner Sanchez: No. Johnny, because your --
Commissioner Gonzalez: But, Johnny --
Commissioner Sanchez: -- district is in my -- Listen, when they crafted -- and you know what? I
got the utmost respect for you, but you know what? You got an argument. I want to debate it
respectfully and intelligently. Is it my fault that when they crafted your district you got all the
money? No. You want to reroute the district? We could do it now --
Vice Chairman Winton: You're missing the whole point.
Commissioner Sanchez: No. It's the point that you got the wealth -- the most --
Vice Chairman Winton: Joe, you're missing the whole point. If you re -crafted it, then you
would be forced to spend money in that part of the town where nobody's going to need money.
Commissioner Teele: Johnny, Johnny, you keep this up, you're going to go home in a body bag.
Mr. Rollason: A political body bag.
222 September 26, 2002
Commissioner Gonzalez: Let me tell you.
Commissioner Teele: Yeah. I mean a political body bag.
Commissioner Sanchez: No, no, no.
Chairman Regalado: I knew it. That's what I said. It's not four a.m.
Commissioner Gonzalez: But let me tell you.
Commissioner Sanchez: No. But there's a difference. Wait. I still have the floor. There's a
difference. I mean --
Commissioner Gonzalez: I'm sorry.
Commissioner Sanchez: -- there's harmony here and we could debate it back and forth --
Commissioner Gonzalez: Right.
Commissioner Sanchez: -- healthy debate, and, of course, it doesn't get personal.
Commissioner Gonzalez: No body bags.
Commissioner Sanchez: You know, it's not my fault that part of my district is a poor district.
What are we going to do? The money that's generated by ad valorem tax in the areas that are
wealthy, such as yours, isn't going to stay there, no. We have a responsibility to the entire
community. I'm not going to argue that. You generate most of the money. I've got some parts
of my district that generate a lot of ad valorem taxes, not compared to yours. But when you
come out -- when it all boils down to we have responsibilities in different areas. This is money
that was bond money. And you know what?
Vice Chairman Winton: Coconut Grove bond money, by the way.
Commissioner Sanchez: Coconut Grove bond money.
Vice Chairman Winton: Coconut Grove sewer bond money.
Commissioner Teele: Commissioner Winton, in all fairness, and with all due respect -- I mean,
this is a very good discussion.
Vice Chairman Winton: And it is.
Commissioner Teele: I think the only fair way is what Commissioner Sanchez said. And I will
commit this. The dollars that I'm -- the two million dollars ($2,000,000) that I'm going to spend,
I'm going to spend it partially in 11th Street because it's a one-way street. Everything going on
223 September 26, 2002
11th Street is coming straight to Overtown. And the more we can do to create traffic and to
create business, the faster we move the redevelopment and the business activities in Overtown.
So I think that's an easy way to sort of solve this issue because it is a major street. And the truth
of the matter is every dollar that gets raised in taxes has the potential of coming to Overtown for
the redevelopment activity.
Vice Chairman Winton: I'm not even arguing over 11th Street. I'm on a conceptual thing. And
my point to Commissioner Sanchez -- this is the last time. I won't say anymore. But my point is
that --
Commissioner Sanchez: I love you, Johnny.
Vice Chairman Winton: I know you do and that's why we can -- my point is that unlike all of
our single-family neighborhoods -- whether it's in my district or your district, or somebody
else's -- in the high-rise commercial district, if you put a dollar of infrastructure in, you get ten
dollars ($10) of tax back out that we use all over the City. And that doesn't happen anywhere
else. It's that unique zone where that happens. And I'm simply saying -- and there aren't any
voters there. So I'm saying that I don't want to get all of our capital money poured into
downtown, but I think that we're smart by taking a disproportionate share of the capital
improvements dollars to put downtown so we can get that two -- that 10 to 1 investment. And if
downtown were all fixed up, I wouldn't even be talking about that. So I don't know what the
right ratio is, but I do know that it's got to be more than a 20/20/20/20 thing, or we'll never get
the 10 to 1 return that we can get in that unique environment. That's it.
Commissioner Sanchez: All right. You convinced me.
Commissioner Gonzalez: May I, Mr. Chairman?
Commissioner Sanchez: I'm willing to do something. I'm willing to take one million and give
you the other million.
Commissioner Gonzalez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Gonzalez: I also want to thank you, Commissioner Teele, because first of all, let
me tell you. I was going to vote "no" on the issue of that money. And the reason is Marcelo has
been to my office -- you have been to my office in the last two weeks, a couple of times, two or
three times --
Mr. Penha: That's correct.
Commissioner Gonzalez: -- and you never explained this money being distributed or, you know,
you never mentioned anything about this money. Let me tell you. At least, me, if you don't
explain to me when you're going to give money to someone where the money is coming from or
how is it going to be done, or you explain it to me clearly, don't expect me to vote in favor of
224 September 26, 2002
anything like that, OK. Because you have plenty of chance -- the same way that we went
through the budget and through the things that you wanted to discuss, we could have discussed
this. And don't -- you know, I don't like things being brought to -- in my face at a Commission
meeting and being surprised. So just keep it in mind for the future. So I really appreciate it,
Commissioner Teele.
Commissioner Teele: Commissioner, in fairness --
Commissioner Gonzalez: I've got a proposal for you, Commissioner Winton. I'm going to start
a committee to make Allapattah a City --
Vice Chairman Winton: All right.
Commissioner Gonzalez: -- and incorporate it. And, you know, I bet you we're going to make
the best city of the entire County with the income that we have there.
Commissioner Teele: Commissioner Gonzalez, in fairness to the budget director, he and I have
never -- I have not broached -- I did not broach this issue with him tonight. The matter came to
me through the Empowerment Trust indicating that they had had discussions with him, but he
and I have not discussed this item. And he's, perhaps, just as much surprised as you are. I think
that's a fair statement. Is that right, Marcelo?
Mr. Penha: Yes, it is.
Commissioner Gonzalez: But if he was surprised, then all of us were surprised.
Commissioner Sanchez: You know, if we could agree on the issue, I have a solution to this
problem. I don't know if we could agree on it, but Commissioner Winton, you know, convinced
me.
Commissioner Gonzalez: You want to give him the two million dollars ($2,000,000)?
Commissioner Sanchez: No. I'm not going to give him the two million. I'm going to give him
one and I'm going to keep one for my district. But I think we should do that. We keep one and
he gets five out of the ten. In other words, each Commissioner will accept one million and then
he'll stay with five million that'll go into downtown. As long as you put it in downtown.
Vice Chairman Winton: And that's what I'm talking -- and I don't know if that's the right
formula. I'm just saying -- that it -- that someway or another, it ought to be disproportionate.
We're going to get so much more back. And I don't know what the right formula is. So -- but I
appreciate the thought and we'll talk -- I never thought that.
Mr. Rollason: Well, can I suggest that we come back with it? Because those categories are
going to greatly restrict how you end up with your piece and then you don't have something that
you can spend it on.
225 September 26, 2002
Commissioner Sanchez: We'll find a way to spend the money.
Mr. Rollason: Well, I understand but it's not like pot. It's just not a pot of ten million. There's
a distribution of how it has to go.
Commissioner Teele: Mr. Manager, I think that's an excellent recommendation. What I
recommend is that in addition to the discussions that are going on with the Manager's office
regarding the two fifty-five and the twenty-eight million that was done, that the ten million
dollars ($10,000,000) be added to that list. Come around and everybody meet. And that's
probably a cleaner process. I don't mean to put Nachlinger --
Mr. Rollason: No. That's as good as any.
Commissioner Teele: I think we have an ob --
Mr. Rollason: That way we can lay them out and show you exactly where the money is right
now and if we have to make --
Commissioner Teele: But, see, I think we have an obligation to commit -- and this is the
principle -- we need to commit all of that money. We can change it but we need to commit.
Otherwise, why are we putting money into capital improvement, if we've already got cap -- and
that's what Mr. Cruz was saying. So thank you.
Chairman Regalado: OK. Read the ordinance. Close the public hearing.
Mr. Vilarello: This is the ordinance that was distributed today for Item 18C.
Chairman Regalado: OK. Roll call.
Priscilla A. Thompson (City Clerk): The ordinance has been passed on --
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS
SCHEDULED TO BEGIN IN FISCAL YEAR 2002-2003 AND CONTINUING
PREVIOUSLY APPROVED PROJECTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
226 September 26, 2002
was passed on its first reading, by title, at the meeting of September 11, 2002, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded
by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12280
The ordinance was read by title into the public record by the City Attorney.
Chairman Regalado: OK. We're done with the budget.
38. DEFINE AND DESIGNATE TERRITORIAL LIMITS OF CITY'S DOWNTOWN
DEVELOPMENT DISTRICT; FIX MILLAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER
1, 2002 AND ENDING SEPTEMBER 30, 2003, AT FIVE -TENTHS MILLS ON DOLLAR OF
NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN
DISTRICT.
MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD
VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR CITY'S
DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003.
Carlos Gimenez (City Manager): Item 20 is DDA (Downtown Development Authority) if you
want to go there.
Commissioner Teele: DDA, we got Model City Trust. We got all those (INAUDIBLE)
Chairman Regalado: OK, let's do that; my mistake. I was given this ordinance, but I tell you
what we can do. We are going to do the budget, pass the PZ item that still we need to do. If we
have any other items, we can do it of the meeting of October because there is a very light agenda.
Mr. Gimenez: Right now we only have 11 items right now for that agenda, so if you want to do
that that's fine.
227 September 26, 2002
Chairman Regalado: So we can defer some of this meeting so we may be able to get out of here
so we have item 20, Johnny.
Vice Chairman Winton: So move. Item 20, I move.
Commissioner Gonzalez: Second.
Alejandro Vilarello (City Attorney): It's the setting of the mileage rate of the DDA point 5 mills
which is 11.16 percent.
Commissioner Teele: Marcelo --
Chairman Regalado: OK, we have a motion and a second on the mileage of Downtown
Development Authority. This is a public hearing. Anybody from the public? We close the public
hearing. Read the ordinance. Roll call.
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATED TO TAXATION, DEFINING AND
DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN
DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING
THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN
DEVELOPMENT DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER 1,
2002 AND ENDING SEPTEMBER 30, 2003, AT FIVE -TENTHS (.5) MILLS
ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL
AND PERSONAL PROPERTY IN THE DISTRICT; PROVIDING THE
MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S
MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR
WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING
THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS;
PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS
REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING
MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED
SUPPLEMENTAL AND IN ADDITION; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
228 September 26, 2002
was passed on its first reading, by title, at the meeting of September 11, 2002, was taken up for
its second and final reading, by title and adoption. On motion of Vice Chairman Winton,
seconded by Commissioner Teele, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12281.
Chairman Regalado: 20B.
Vice Chairman Winton: So moved.
Commissioner Teele: Second.
Chairman Regalado: We have a motion and a second. This is a public hearing. Anybody from
the public on this second reading ordinance on Downtown Development District ad valorem tax
levy? We close the public hearing. Read the ordinance. Call the roll.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT
AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME
FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF
MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002
AND ENDING SEPTEMBER 30, 2003: AUTHORIZING THE DOWNTOWN
DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED
BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT
THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION
TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003, FOR THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
229 September 26, 2002
was passed on its first reading, by title, at the meeting of September 11, 2002, was taken up for
its second and final reading, by title and adoption. On motion of Vice Chairman Winton,
seconded by Commissioner Teele, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12282.
39. TRANSMIT FOR APPROVAL FISCAL YEAR 2002-2003 COMMUNITY
REDEVELOPMENT AGENCY (CRA) OPERATING, TIF PROJECT AND PROGRAMS
BUDGET.
Chairman Regalado: 21 CRA (Community Redevelopment Agency) budget.
Commissioner Teele: So move.
Commissioner Sanchez: Second.
Chairman Regalado: It's been move and second. This is a public hearing. Anybody who wishes
to address the board? Being none, we close the public hearing. We have a motion and a second
all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
230 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1075
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING AND APPROVING THE SOUTHEAST
OVERTOWN/PARK WEST AND OMNI COMMUNITY
REDEVELOPMENT AGENCYS' (CRA) ORGANIZATIONAL CHART,
FISCAL YEAR 2002-2003 OPERATING AND TAX INCREMENT FUNDS
PROJECTS BUDGETS, ATTACHED AND INCORPORATED.
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
40. APPROVE PROPOSED PROJECT PLAN AND BUDGET OF MODEL CITY
REVITALIZATION TRUST FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003.
Chairman Regalado: 22.
Commissioner Teele: So move.
Chairman Regalado: The Model City budget, it's been moved. Do we have a second?
Vice Chairman Winton: Second.
Chairman Regalado: Second. This is a public hearing. Anybody who wishes to address the
board can do so at this time. No one, so we close the public hearing. All in favor, say "aye."
The Commission (Collectively): Aye.
231 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02- 1076
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROPOSED PROJECT PLAN AND BUDGET OF THE MODEL CITY
REVITALIZATION TRUST FOR FISCAL YEAR ENDING SEPTEMBER 30,
2003.
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Regalado: We finished with the budget.
Commissioner Teele: Mr. Chairman, before we finish with the budget, Mr. Manager, I would
like to make two observations about the last two items. I think it is imperative that the City
Manager provide us with written advise on both of those budgets and do a vetting of those
budgets as well as it relates to -- by state law, the City, not the CRA (Community
Redevelopment Agency), must approve the budget and the City must transmit this budget in
accordance with state law. I want to get the budget office to accept the fact that these
independent agencies, the DDA (Downtown Development Authority), MSEA (Miami Sports and
Exhibition Authority) -- have we approved the MSEA budget, by the way?
Alejandro Vilarello (City Attorney): It has not been approved in its first instance by the MSEA
board.
Commissioner Teele: But I just want to be clear and, Johnny, I think this is very important for
you to hear, because you have a lot of the issues that you've raised about these budgets. These
budgets are not "gotcha" budgets. These budgets are supposed to be properly staffed and
worked. The City has the obligation under state law to review the budgets, to comment on the
budgets, to recommend changes to those budgets and to transmit those budgets. There is no
memorandum in here. There is no resolution authorizing the City Commission, I mean the
Manager, to transmit the budget now to the county, in the case of the CRA as it were required by
state law. There are certain forms that are supposed to be filled out with the state finance officer
regarding these budgets, and I just would hope that we could put in conjunction with the
Attorney a team as it relates to all of these budgets. The MSEA budget is supposed to be
approved before October 1st. We're not being advised of that, and I'm not criticizing because I
232 September 26, 2002
know these quasi independent agencies are quasi independent, but they are not independent as it
relates to the budget of the City of Miami, and Mr. Manager, I don't think that you institutionally
should give up any of your discretion and authority and obligations in making written comments,
making written recommendations, working with these agencies, in doing it and technically we've
got a situation with MSEA where we don't have a budget by October 1st. It's not the end of the
world, but it's pursuant to state law.
Carlos A. Gimenez (City Manager): Yes, sir. We will follow your suggestion, sir, and I
apologize for not having those recommendations on here, but we did work with the two agencies
in question; but you're absolutely right. We should have the recommendation in writing to you
as to whether we agree with the two agencies and their budget.
Commissioner Teele: Mr. Chairman, having said that, Mr. Manager, I want to compliment you
and your budget team and finance team, having said all of the other stuff on this process. This is
historic. The Mayor said it. It's not the way it's been in the past. Anytime you change things,
there's a tendency for tempers, feelings, egos. Mr. Manager, you have been a true professional
in every sense of the word. I know this has not been painless in some ways but I want to
publicly acknowledge and respect you for being a professional in the British sense you kept a
stiff upper lip and --
Mr. Gimenez: I'm always smiling, sir.
Commissioner Teele: And as Commissioner Sanchez said, you smile through it, and I would
hope that you would send the signal that this is going to be a new day. This is going to be a new
process, but it's not designed in my mind to undermine or to take any authority or discretion or
obligation away from the City Manager, who under our charter is the only person that can make
these recommendations.
Mr. Gimenez : Yes, sir. Thank you very much for your kind words. I also have to commend
Marcello for doing a great job. He was thrown in, in a difficult situation, and he's young. I think
he's learned a lot through this process, and I certainly want to acknowledge the fine job that you
did and thank you personally for the help that you gave me.
Commissioner Teele: Mr. Chairman, I move that the Commission rise and acknowledge
Marcello the Budget Director and the entire budget team and the Manager for their efforts.
(APPLAUSE)
41. APPOINT DR. MIREILLE TRIBIE AS MEMBER OF COMMUNITY RELATIONS
BOARD.
Chairman Regalado: OK, we have before we go into PZ items, we have a motion that we need to do.
The Mayor the Mayor is requesting an appointment for the Community Relations Board, and we have a
pocket item for parks department, so we need to -- Joe, can you make a motion?
233 September 26, 2002
Commissioner Sanchez: Motion to approve a resolution of the City of Miami Commission appointing
Dr. Mirelle Tribie to the Community Relations Board in waiving the residency requirements for service
on the board. It requires a fourth -fifths vote of the City Commission. So move.
Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 02- 1077
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD.
Upon being seconded by Chairman Regalado, 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
42. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED "CHILD DAY CARE FOOD PROGRAM" AND APPROPRIATE $100,135 FOR
OPERATION OF SAME CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF
EDUCATION.
Commissioner Sanchez: An emergency ordinance of the City of Miami Commission
establishing a new special revenue fund entitled "Children Day Care Food Program,"
appropriating and authorizing the expenditure of funds for the operation of same in the estimated
amount of $100,135 consisting of a grant from the Florida department of education; authorizing
the City Manager to accept the grant and to execute the necessary documents in a form
acceptable to the City Attorney for said purpose containing repealer provision and a severability
clause. So move.
Vice Chairman Winton: Second.
Chairman Regalado: We have a motion and a second. Read the ordinance.
Commissioner Sanchez: The ordinance was just read.
234 September 26, 2002
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "CHILD
DAY CARE FOOD PROGRAM" AND APPROPRIATING AND
AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATION
OF SAME IN THE ESTIMATED AMOUNT OF $100,135 CONSISTING OF A
GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez and seconded by Vice Chairman Winton, for adoption
as an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded by Vice
Chairman Winton, adopted said ordinance by the following vote:
AYES: Chairman Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12283.
235 September 26, 2002
43. DENY APPEAL OF ZONING BOARD DECISION, WHICH DENIED VARIANCES
FROM ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO WAIVE 48 OF REQUIRED 185 PARKING
SPACES AND TO WAIVE FOUR OF REQUIRED LOADING DOCKS FOR AFFORDABLE
HOUSING PROJECT AT 1505-1551 NW 15TH STREET ROAD (Applicant(s): Jubilee/Rio Del
Sol, Inc). DIRECT MANAGER TO INSTRUCT COMMUNITY DEVELOPMENT STAFF TO
MEET WITH REPRESENTATIVE(s) OF JUBILEE/RIO DEL SOL, INC., DEVELOPER OF
PROPOSED AFFORDABLE HOUSING PROJECT AT 1505-1551 N.W. 15 STREET ROAD,
TO TRY TO FIND WAYS TO COMPLY WITH REQUIRED PARKING SPACES AND
DOCKS FOR CONSTRUCTION OF SAID AFFORDABLE HOUSING PROJECT.
Chairman Regalado: Thank you very much. We go back to PZ items. Item 5, PZ (Planning &
Zoning) item, it's an appeal of a zoning board decision in variances.
Lourdes Slazyk: Lourdes Slazyk, Planning and Zoning Department. PZ -5 is an appeal of a
variance.
Joel Maxwell: Excuse me, Mr. Chairman, could you please ask the Clerk to swear anyone that
wants to speak?
Chairman Regalado: I think they already were.
Mr. Maxwell: That was much earlier.
Chairman Regalado: OK, but we'll do it again. Could you do that?
Pricilla A. Thompson (City Clerk): May I have your attention, please. If there's anyone here
that will be testifying on any of the remaining PZ items I need you to please stand up and raise
your right hand so that I can swear you in. Thank you.
Ms. Slazyk PZ -5 is an appeal of a variance that was denied by the Zoning Board for the Rio Del
Sol project. It's at approximately 1505-1551 Northwest 15th Street Road. The department also
recommends denial of the variance and denial of the appeal. There is no hardship to justify the
request of variances. The variances to waive four of the four required loading berths and to
waive 48 of the 185 required parking spaces. The Planning and Zoning Department feel that this
variance would create an adverse impact to the adjacent neighborhood and that the overflow of
cars will spill out into the neighborhood and that creates an overall negative affect on the
neighborhood, so we recommend denial.
Chairman Regalado: OK, go ahead, sir.
Doug Mayer: My name is Doug Mayer. I am the director of development and vice president of
Jubilee Community development. With me tonight I have our project architect Matt Polak from
R.E. Chism architects. I think most of you know that Jubilee is a non-profit organization that
was set up to build affordable housing in Dade County. I'm going to cut to the chase and go right
236 September 26, 2002
to the issues that were just mentioned. This is, first of all, an 88 -unit condominium project. This
is homeownership for Allapattah. This is not an apartment complex. These people will own
these units. Again this is an 88 -unit development. The site would allow us to build 145 units so
we are not maxing out this site. We're here tonight requesting two variances. The two variances
that we're seeking, one is a 2 percent reduction in parking, which amounts to -- we're supposed
to provide 185 spaces. Our design provides 137 spaces, so we're asking for a variance for 48
spaces on the parking side.
Vice Chairman Winton: Doug, hold on. Can I interrupt you? Mr. Rollason, you all in the
middle there, can you guys go out and have your conversation so we can hear up here? Thank
you.
Mr. Mayer: Thank you. The second variance is a reduction in the number of loading zones.
We've redesigned this project several times and I'm not sure if City staff was up to the latest
current design that we have in front of you today, but we're only asking for a reduction of one of
the loading zones we're providing three of the four. Those are the two issues that we're here
addressing tonight. This is basically a classic example of a hardship claim because of an
unusually shaped lot. I wanted you all to take a look at this site, if you will. This particular
project site is triangular at one end. It's a difficult to develop site because it is narrow and the
shape of the lot itself makes it a difficult to develop site. I'll let Mr. Polak go into that a little bit
more in a couple of minutes but I just wanted to touch on that issue. The other piece that you can
take into consideration tonight is that under special exception, you're allowed to grant a 50
percent parking reduction. We are only asking for 26 percent parking reduction. We think that
this is justified by the fact that this is providing low-income and moderate income affordable
home ownership, and that the people that will reside there, we've got statistics that show that the
census track, the actual census track, for this district shows that the number of families that own
vehicles there -- I wanted you to take a look at this just for a minute. This is a census track 3002
for the Allapattah district. What it shows is the number of vehicles owned by household and if
you'll note here the first one is how many own no vehicles at all. About 27, 28 percent have no
vehicles whatsoever. The second category, one car, again about 46 percent of the households
own one car and only about 21 percent of the household own two cars so what we did is we
applied these percentages to our 88 units and if you do that what it shows is that we need 93
parking spaces to provide adequate parking based on what the actual census track data shows for
vehicles owned by households in Allapattah. Our design calls for 137 spaces, so we're providing
44 extra spaces almost 50 percent above what the census data would show that we would need
for this particular development.
Vice Chairman Winton: Doug, how long do you suspect that this building will be on that
location?
Mr. Mayer: Probably for 50 years or more.
Vice Chairman Winton: What do you think the census data will be 10 years from now or 20
years from now or 25 years from now as it relates to this parking issue?
237 September 26, 2002
Mr. Mayer: I am not a, I don't have a crystal ball, so I can't say, but I can tell you this, these are
people that are buying homes on 30 year mortgages. In order to qualify, they have to be low and
moderate income, and most of these developments have restricted covenants in the deeds, so that
they remain affordable, so even though, hopefully this district will improve and it will, and 30
years from now they will have higher incomes. This project is only two blocks from the
Metrorail stop at Jackson Memorial Hospital. I walked it a couple days ago it took me five
minutes to walk from our project site to the Metrorail stop. It's two blocks to the east of here. If
this project was just about a half a block closer, we would be eligible for a automatic parking
reduction just because of the proximity to the metro rail stop. The other thing that I wanted to
point out, and no one knows this better than Commissioner Gonzalez, this is a development that
we've been working on for about three years in terms of putting the funding together, and when
we started out on this venture, the City had a different standard for parking than it does today,
and when we initially applied for funding, the parking that the City had the requirement for a two
bedroom unit was 1 '/z parking spaces. About a year an a half or two years ago the City changed
that and raised the parking requirement to 2 parking spaces for each two bedroom unit. Basically
what happened is we were required then to provide about 33 percent more parking than what we
had originally planned on, and by that time we had already applications in to City and the
county. I should tell you that the City of Miami has $593,000 of community development home
money into this project; that we have a million dollars of county money into this development,
and we don't want to lose it at this stage. We want to keep this project going. One of the things
that negatively impacts our ability to provide the extra parking is the cost to do so; because of the
fact that this a difficult to develop site, we don't have a lot of alternatives. There is no more --
our architect has done an excellent job in using just about every square inch available for parking
at the ground level. After we met with City staff, we went back and redesigned the building,
raised it up and put a deck at a second level to create additional parking, but we're still a little bit
short of where we need to be. The other thing that I would like to point out is I got some letters
here that I would like you all to take a look at. These letters are from affordable developers in
the for-profit field. One of them is from a company called Pinnacle Development, and I know
you know their project, Johnny, it's in your district. Pinnacle developments building has a 350
space parking garage in it. I have a letter that says that their average daily use of that parking lot
is 170 spaces, 172 to be exact, so only about half of the parking that they had to build is being
used. I got a letter from Gatehouse Development Company. They built the Riverwalk
development that's just a few blocks from here. Again they built a parking garage that has in
excess of 300 spaces. That letter shows that they're only using about 98 spaces, on an average
daily use spaces, so in both these projects, one of them using a third of the parking that they had
to provide; the other is only using a half, so all I'm saying is we're asking for what I think is not
an unreasonable request. It's a 26 percent reduction. If we had additional space for this, under
special exception, if we had additional space to set aside for future parking need, we wouldn't
have to be here tonight. It's because of the fact that we got a difficult to develop site that makes
these issues come into play. Anyway I got my architect here and I'd like him to tell you just
very briefly some of the machinations that we've gone through in terms of we met with the City
two or three times on this development and he's redesigned it a number of times and I wanted
him to talk about that.
Matt Polak: Thank you my name is Matt Polak I'm the project architects with Chism Architects
7254 Southwest 48th Street. Just some quick questions again that Doug alluded to, the site was
238 September 26, 2002
very difficult to develop. We maximize all the parking we could at ground level in order to get
as many spaces as we possibly could. We then went ahead and added a speed ramp to a second
level parking deck. Unfortunately due to the constraints of the site, the narrowness of the site
being only 110 feet, we were only able to get 1 level of parking for circulation purposes with
back out parking on either side which did not allow us to add anymore ramps or turn ramps up to
additional level, so we were pretty much restricted as to only being able to provide one more
additional deck for the parking so what we currently have is approximately 54 spaces on the
parking deck and 83 spaces at ground level.
Mr. Mayer: The other thing that I would like to point out is this has gone to two public hearings
and here has not been a single person who stood up and opposed this from the public. In fact, the
other thing that I got is I've got a letter from one of the property owners next door, and basically
he's saying that he supports us. The property owner is Allen Rousin. Also I think there is at
least one gentleman in the audience tonight that would like to comment about this project as
well.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. When I looked at the agenda the other
day and I looked at that (UNINTELLIGIBLE) I got to be there to see what's going on there
because it is affordable housing, we need that in Allapattah and the City of Miami, because the
City, not this Commission, but the past Commission have bent backwards to allow another
developer rental affordable around there, Santa Clara (UNINTELLIGIBLE), Bobby Maduro
Miami Stadium, all different things. Rental units, but this is homeownership, and you can see by
the River Drive that a lot of those rentals are becoming now condominiums. No, next to the
Civic Center there, so (UNINTELLIGIBLE) if we want to increase like we got the budget
(UNINTELLIGIBLE) tax base of the City of Miami, we need housing, private housing that pay
taxes; no more institutions at the Civic Center that require services and don't pay any taxes at all.
Thank you.
Mr. Mayer: One last thing and then I'll stop. He mentioned taxes. I did a quick calculation last
night. This development will generate about $160,000 property taxes the first year. If you
amortize that over a 30 -year period, basically it's going to generate over $10,000,000 of property
taxes. So this is a project I think that is appropriate for the district. We are providing adequate
parking, also based on our experience in terms of doing this these types of projects elsewhere.
Some of the letters that you have from East Little Havana CDC, for example, talk about the fact
that the type of parking that we're providing, if you do the number calculation, we're providing 1
'/z parking spaces for every unit we're building. And the way that we had laid this out, we had
anticipated that each two-bedroom unit will receive one designated parking space, each three-
bedroom unit would receive two and then that leaves some extra parking spaces to be used for
visitor spaces and so on, above the standard that we have to provide for visitors anyway. Yes,
the other thing that I wanted to mention was the fact that our homeowners, because these are
basically low and moderate income people, you all know that they have to qualify for a loan with
the bank and one of the things that the banks look at is their income to their debt ratio. The
people that live in this development are not going to be able to afford -- they'd be lucky to afford
one car. Because in order to qualify, if they got too much debt, the bank wont give them the
initial loan to get them into the unit, so again, I think that this type of development ought to be
given a little bit different consideration than typical apartment developments where you do have
239 September 26, 2002
a situation where people might have more vehicles than under a homeownership type
development. Anyway, if there are any questions, I'd be happy to answer them, and I do
appreciate you giving me the time to make the presentation at this late hour.
Commissioner Sanchez: The variance you're requesting is a 36 percent waiver?
Mr. Mayer: A 26 percent reduction in parking, it's 48 parking spaces; we're providing 137
spaces. The code says we should provide 185 and we're also requesting the variance on the --
we're providing three of the four loading zones that are required under the code. We feel that the
fourth one, first of all, we don't feel like we need all four loading zones. This is a
homeownership development these people are going to move there they are going to live there.
Vice Chairman Winton: I need a clarification. I'm reading this thing it says loading docks.
What's the issue here? I didn't understand the loading dock in the --
Ms. Slazyk: A loading berth, a loading dock, it's the same thing; it's the space for the truck to be
able to pull into to load and unload.
Vice Chairman Winton: So it's a loading zone. It ain't a loading dock, trust me.
Ms. Slazyk The zoning ordinance actually officially calls it a loading berth, and the plans that
are in the file here still show that they were requesting a reduction of four. Apparently, at the
Zoning Board, they found space for three of them, so they're I guess modifying their request to
just one.
Commissioner Gonzalez: Let me ask you, Mr. Chairman, how many visitors' parking are you
placing in this building?
Mr. Mayer: By code we're providing nine
Commissioner Gonzalez: Nine visitor parking for 88 units?
Mr. Mayer: Yeah, it's 10 percent.
Commissioner Gonzalez: And how many handicaps?
Mr. Mayer: We're providing five handicap. The five spaces we actually we only needed to
provide five, but we're providing five. The reason being is that we had extra space on the
parking deck when we maximize the length of the deck we were able to add additional handicap
parking spaces.
Chairman Regalado: OK, it's your district, Commissioner Gonzalez.
Commissioner Gonzalez: This is a public hearing, right? Does anyone else want to speak?
Then we close the public hearing.
240 September 26, 2002
Chairman Regalado: As soon as we don't see anybody else, we closed the public hearing, and
we're ready to make a motion. Anybody else from the public? No one comes. We close the
public hearing.
Commissioner Gonzalez: OK, let me tell you that I'm 100 percent in favor of homeownership. I
advocated this City Commission every day. I know it's very beneficial to the City. I know it
generates taxes and I'm aware of all the benefits that that produced for the City and to the
community, but I'm also very familiar with building affordable housing, because that's what I
use to do before I became a Commissioner, and I have the experience of building 52 units and
Mariano Cruz' daughter bought a unit in that complex, and we built those 52 townhouses with
the amount of parking required by the City without asking any reduction of parking spaces, and I
can tell you that if you go to that complex at night, there is a lot of problems there with the
parking spaces, because you get the visitors and you have the handicaps plus the people that own
the apartments. Now I don't agree, I'm sorry, I don't agree with the concept of that because
people are low income people they only own one car; because in that particular project you have
families that own three cars and some members of the family park in the complex and the rest of
the family has to park out on the street, and the problem that I'm confronting in Allapattah is a
problem I'm getting a lot of complaints and thanks to the police department we have been able to
correct it a little bit but we're still working on it. Not only in Allapattah, but along my district
you see a lot of cars parked on the sidewalks and parked on top of the grass and parking on --
that's not improving quality of life and it's not giving the neighborhood the look that I want to
give to my neighborhood, so based on those facts, I can't move to approve this. I have to move
to deny it.
Chairman Regalado: OK, we have a motion and a second to deny.
Joel Maxwell (Deputy City Attorney): You're denying the dock request as well?
Commissioner Sanchez: Yes, sir.
Chairman Regalado: All in favor -- yes, sir.
Commissioner Teele: I was not going to vote if you were going to make the motion to approve
it, because I realize that Jubilee has really worked hard. This is a very important project.
There's a lot there. I wish there was something that we can do. I really would like to instruct the
staff or request the staff to see if there is anyway we can come up with more money and
assistance, as we did right around the corner here for the -- what's that? No, it's not river port.
It's like Gatehouse Development, where they basically thought they were dead and then we came
up with more money we came up with, we helped them and we solved the parking problem.
Mr. Mayer: Commissioner Teele, can I?
Commissioner Teele: No, hold on. And I really respect you, Commissioner Gonzalez, because I
really am troubled, but I will tell you this, and all was going to ask you to do, if you had voted to
do it, is please don't do that in my district, because the thing that kills the poor communities is
the lack of parking. I have lived in a unit over there on 11th Street right in front of the Dade
241 September 26, 2002
County water and sewer department there. The place doesn't have half the parking needed. It's
fist fights, gun fights about parking every night, two blocks from where I live now, and somehow
we just have to move through this process of getting into the poor communities and not giving
parking because you cant clean the streets. The problem in Overtown? Overtown's streets aren't
swept. You know why the streets aren't swept? Because the cars are parked there. They have
no place else to park, so when I go to the solid waste director and give him hell, and it has such a
chain event and so, I want to support you if you can come up with some way to help them. I'll
be there with you, but all I'm suggesting is we don't need to send a message that we're going to
create communities in the poor cities that have a different standard from the Grove or Brickell or
Morningside. We need to have one standard and poor people use more cars than rich people.
Notwithstanding the statistics, I know this is a very complicated issue.
Commissioner Gonzalez: Commissioner Teele, I'd be willing to talk to community development
and see if there is another funding source or there is a way that we can somehow we can get them
the money, but reducing parking, like I said, we have calls and calls especially at night after 7
o'clock. The amount of calls that we get because of parking problems are unbelievable.
Chairman Regalado: OK, I need to call the question. You need to understand --
Mr. Mayer: I understand that. I just want to make one final comment. There is another way that
we can provide some additional parking, but it will require some assistance of the City. Right
along here there are about three vacant lots. I've talked to the owner about the possibility of
purchasing them
Commissioner Teele: As soon as the motion passes, I will make a motion that Commissioner
Gonzalez and I instruct staff (INAUDIBLE).
Mr. Mayer: All I'm saying is there's some room there to buy it.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-1078
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING APPEAL
OF ZONING BOARD DECISION, WHICH DENIED VARIANCES FROM
ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO WANE 48 OF REQUIRED
185 PARKING SPACES AND TO WAIVE FOUR OF REQUIRED LOADING
DOCKS FOR AFFORDABLE HOUSING PROJECT AT 1505-1551 NW 15TH
STREET ROAD (Applicant(s): Jubilee/Rio Del Sol, Inc).
242 September 26, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None.
ABSENT: None.
Chairman Regalado: It passes. Now the other motion to look for alternative.
Commissioner Gonzalez: Yes, I'd like to make the motion to have community development
meet with the developer and try to find ways so that we can assist them in order to build this
project with the appropriate amount of parking.
Vice Chairman Winton: And any other staff required.
Commissioner Gonzalez: And any other staff required.
Chairman Regalado: He was talking about some empty lot. OK, we have a motion and a
second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 02-1079
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
COMMUNITY DEVELOPMENT STAFF TO MEET WITH
REPRESENTATIVE(s) OF JUBILEE/RIO DEL SOL, INC., THE
DEVELOPER OF PROPOSED AFFORDABLE HOUSING PROJECT AT
1505-1551 N.W. 15 STREET ROAD, TO TRY TO FIND WAYS TO
COMPLY WITH REQUIRED PARKING SPACES AND DOCKS FOR THE
CONSTRUCTION OF SAID AFFORDABLE HOUSING PROJECT.
243 September 26, 2002
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None.
ABSENT: None.
Mr. Mayer: Thank you, gentlemen, I appreciate it.
44. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING
ORDINANCE, BY AMENDING SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, IN ORDER TO MODIFY PROVISIONS RELATED TO OFFSITE
PARKING REGULATIONS FOR RESIDENTIAL USES IN CENTRAL BUSINESS
DISTRICT ZONING CLASSIFICATION. (Applicant(s): Carlos A. Gimenez, Miami City
Chairman Regalado: PZ -13, this is a -- this will allow provisions to off-site parking regulations
to residential uses in the CBD, central business district zoning classification, PZ -13.
Vice Chairman Winton: (INAUDIBLE).
Chairman Regalado: No, we didn't, because we can even defer that, but we have people for this
one here.
Lourdes Slazyk (Planning and Zoning): PZ -13 is an ordinance that would allow off-site parking
for residential uses in the central business district to be located off-site within parking garage
structures. This amendment encourages the shared nature of the parking garage spaces by
allowing them to be used during day and night hours and therefore reduce the need for
overbuilding of parking and having empty parking spaces during the night hours. This was
recommended for approval by the planning advisory board and the administration is
recommending approval.
Chairman Regalado: OK, do we have a motion?
Vice Chairman Winton: So move.
Chairman Regalado: We have a motion and a second. Public hearing. Anybody from the
public? Being none, we close the public hearing. Read the ordinance.
244 September 26, 2002
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION Request: SECOND
READING ORDINANCE: AMEND PAGE NO. 21 OF ZONING ATLAS OF
ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING
CLASSIFICATION FROM I INDUSTRIAL TO C-2 LIBERAL COMMERCIAL
AT 250 NW 23RD STREET. (APPLICANT(S): WYNWOOD LOFTS, LLC.):
TO AMEND ORDINANCE 11000 TEXT CENTRAL BUSINESS DISTRICT
(CBD)
was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
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.
45. SECOND READING ORDINANCE: ORDINANCE IMPOSING ADDITIONAL SIXTY-
FIVE DAY DELAY (TO NOVEMBER 24, 2002) IN ACCEPTANCE, PROCESSING,
PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS
SERVICE FACILITY TOWERS AND MONO -POLES FOR SPECIFIC PURPOSE OF
REVIEWING PROVISIONS IN CHAPTERS 4 AND 6 OF ORDINANCE NO. 11000, CITY'S
ZONING ORDINANCE AND CREATING COMPREHENSIVE LEGISLATION PROVIDING
FOR TERM. (Applicant(s): Carlos A. Gimenez, Miami City Manager).
Chairman Regalado: OK, thank you, so we go back to -- let me ask you, we have some PZ items
that we can defer, if you wish to.
Lourdes Slazyk (Assistant Director, Planning and Zoning): 15, it's a second reading on the
extension on the moratorium on the cellular.
Chairman Regalado: Oh, OK, the cellular.
Ms. Slazyk: The moratorium.
245 September 26, 2002
Chairman Regalado: OK, we have a -- do we have a motion? It's been moved and second. This
is a public hearing. Anybody from the public who wishes to make a comment on this second
reading ordinance? Being none, we close the public hearing. It's a request for additional 65 -day
delay personal wireless service facilities. Read the ordinance.
Joel Maxwell (Deputy City Attorney): I believe staff has a comment for the record.
Ms. Slazyk: I need to make one clarification. This moratorium is not to include government
communications facilities for safety, such as fire and police and the radio; it's not to include that,
because those are for health safety and general welfare, so it's excluding that.
Mr. Maxwell: Will the maker please accept that, Mr. Chairman? Mr. Chairman, could you have
maker modify the motion to accept that change?
Chairman Regalado: He does. Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION OPPOSING AN
ADDITIONAL 65 -DAY DELAY TO NOVEMBER 24, 2002, AN
ACCEPTANCE PROCESS AND PLACEMENT CONSTRUCTION, A
MODIFICATION OF PERSONAL WIRELESS FACILITIES TOWERS AND
MONO POLES FOR THE SPECIFIC PURPOSE OF REVIEWING
PROVISIONS IN CHAPTERS 4 AND 6 OF ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AND
CREATING COMPREHENSIVE LEGISLATION; PROVIDING FOR A
TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR
ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;A ND
PROVIDING FOR AN EFFECTIVE DATE.
246 September 26, 2002
was passed on its first reading, by title, at the meeting of September 11, 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. 12284.
Priscilla A. Thompson (City Clerk): The ordinance is passed on second reading.
46. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING
"INTERPRETATION OF FUTURE LAND USE MAP" SECTION OF GOALS, OBJECTIVES
ADD NEW LAND USE CATEGORY ENTITLED "LIGHT INDUSTRIAL". (Applicant(s):
Carlos A. Gimenez, Miami City Manager).
AND POLICIES, IN ORDER TO
Vice Chairman Winton: Mr. Chairman, would you mind taking up PZ -9?
Chairman Regalado: Let's take PZ -9. PZ -9 is a first reading ordinance.
Vice Chairman Winton: It really applies to the FEC (Florida East Coast) corridor.
Chairman Regalado: Light industrial, do we have a motion?
Vice Chairman Winton: So moved.
Chairman Regalado: We have a motion.
Commissioner Gonzalez: Second.
Chairman Regalado: Do we have a second? We do. This is a public hearing. Anybody from
the public who wishes to address the board? We close the pubic hearing. Read the ordinance.
Roll call.
247 September 26, 2002
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING
THE "INTERPRETATION OF THE FUTURE LAND USE MAP" SECTION
OF THE GOALS, OBJECTIVES AND POLICIES, TO ADD A NEW LAND
USE CLASSIFICATION ENTITLED "LIGHT INDUSTRIAL;"
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0.
Chairman Regalado: Thank you.
47. DISCUSSION CONCERNING ANALYSIS OF SOLOMON YUKEN BUILDING;
REMAINING PZ ITEMS DEFERRED TO COMMISSION MEETING OF OCTOBER 10,
2002.
Chairman Regalado: Any other PZ (Planning and Zoning) items that you all want to take? If
not, we'll go back to CDBG (Community Development Block Grant).
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: I'd just like to ask the Manager (INAUDIBLE). I've requested, at least
three times, for a memorandum and an analysis regarding the Solomon Yuken building that is
under construction. I'll get the transcripts for you. But I want to make that request again. The
number of parking spaces that would be required -- the same thing -- if this building were being
built anywhere else, and the justification for the waiver. It's my understanding, it's about 104
248 September 26, 2002
units? Brenda, how many units over there, do you know? Solomon Yuken, and it's my
understanding that zero parking lots -- zero parking is being built with it, and I can understand
the grandfathering and all that, and I'm not -- I just want to get the record, though. I just want
the record to be very clear so that everybody --
Chairman Regalado: Zero parking, you mean?
Commissioner Teele: Zero as in zero. OK, and I just want to get the record clear so that we, you
know, understand what really goes on, and what the waivers are, and the grandfathers and all of
that, and I've asked for that again, and I respectfully request that within two weeks or a
reasonable period of time. That's the building right there on 3rd Avenue and 10th Street. We're
on 8th Street. That's 10th. It goes from 10th to 11th
Chairman Regalado: OK. OK. We -- you discussed CDBG, Item 6, but you didn't vote on it.
You wanted to bring it back or you want to defer that to the October -- there are several CDBG
items.
Commissioner Sanchez: Mr. Chairman.
Joel Maxwell (Deputy City Attorney): Mr. Chairman.
Chairman Regalado: Yes.
Mr. Maxwell: Excuse me, Commissioner Sanchez. Could you formally continue the balance of
the P&Z agenda to a date specific?
Chairman Regalado: OK.
Commissioner Sanchez: That's what I --
Chairman Regalado: Yes. We will --
Commissioner Sanchez: A motion -- the remaining PZ items to move them -- I don't have a
calendar, but it's got to be the second Commission meeting of --
Alejandro Vilarello (City Attorney): Twenty-fourth, isn't it? October 24th
Maria Chiaro (Assistant City Attorney): No. They changed the date.
Commissioner Teele: No. We can move them to the first meeting. That's a light meeting, isn't
it?
Ms. Chiaro: October 11th
Commissioner Sanchez: Is it a light meeting?
249 September 26, 2002
Ms. Chiaro: Yes.
Commissioner Sanchez: All right. So moved.
Commissioner Gonzalez: Second.
Vice Chairman Winton: Third.
Chairman Regalado: Is it October 10 or l Ith?
Mr. Vilarello: Are you sure it's the 11th? It's the 10tH
Ms. Chiaro: Oh, the 10th. I apologize.
Chairman Regalado: The 10th
Commissioner Sanchez: All right. Move to the 10th
Mr. Maxwell: To the first meeting in October?
Chairman Regalado: Yes.
Commissioner Teele: Yes.
Chairman Regalado: OK. We have a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
250 September 26, 2002
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 02-1080
A MOTION TO CONTINUE THE FOLLOWING ITEMS (NOT TAKEN UP
TODAY) FROM THE PLANNING AND ZONING AGENDA TO THE
COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 10,
2002:
PZ -7 PROPOSED ORDINANCE ON FIRST READING TO AMEND THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE
DESIGNATION AT 610 S.W. 1 AVENUE FROM INDUSTRIAL TO
RESTRICTED COMMERCIAL;
PZ -8 PROPOSED ORDINANCE ON FIRST READING TO AMEND THE
ZONING ATLAS BY CHANGING ZONING CLASSIFICATION AT 610 S.W.
1 AVENUE FROM WATERFRONT INDUSTRIAL DISTRICT (SD -4)
CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL
DISTRICT (SD -7);
PZ -10 PROPOSED ORDINANCE ON FIRST READING TO AMEND THE
ZONING ORDINANCE 11000 TO MODIFY EFFECTIVE DATE OF
PROVISIONS RELATED TO SURFACE PARKING LOTS;
PZ -11 PROPOSED ORDINANCE ON FIRST READING TO AMEND THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE
DESIGNATION AT AREA BOUNDED BY S.W. 1 STREET TO THE NORTH,
BOUNDED BY S.W. 7 STREET TO THE SOUTH, INCLUDING NORTHERN
ONE HALF OF BLOCK 49, BOUNDED BY S.W. 4 AVENUE TO THE EAST,
BOUNDED BY S.W. 5 AVENUE TO WEST, AND THE FOLLOWING
ADDRESSES: 380 S.W. 4 STREET, 427, 435, 443, 501-521, 525, 541 S.W. 4
AVENUE AND 369-71 S.W. 5 STREET FROM HIGH DENSITY
MULTIFAMILY RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL;
PZ -12 PROPOSED ORDINANCE ON FIRST READING TO AMEND THE
ZONING ATLAS BY CHANGING ZONING CLASSIFICATION AT 73 WEST
FLAGLER STREET FROM CENTRAL BUSINESS DISTRICT (CBD) TO
GOVERNMENT AND INSTITUTIONAL (G/I).
251 September 26, 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.
48. DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AMEND RESOLUTION
02-979, RELATING TO ALLOCATION OF $1,928,400 OF 28TH YEAR CDBG PROGRAM
FUNDS AND $960,000 OF PROGRAM INCOME IN CATEGORY OF PUBLIC SERVICES
BY TRANSFERRING CERTAIN FUNDS; PROPOSED RESOLUTION TO AMEND
RESOLUTION 02-879 RELATING TO ALLOCATION OF $2,223,400 OF 28TH YEAR CDBG
PROGRAM FUNDS IN ECONOMIC DEVELOPMENT CATEGORY BY TRANSFERRING
CERTAIN FUNDS; PROPOSED RESOLUTION ALLOCATING $50,000 OF 28TH YEAR
CDBG FUNDS FROM ADMINISTRATION CATEGORY TO HOPE INC. TO PROVIDE
FAIR HOUSING ACTIVITIES; PROPOSED RESOLUTION ALLOCATING $375,000 OF
CDBG PROGRAM INCOME TO SUPPORT IMPLEMENTATION OF FEC RAILWAY
CORRIDOR STRATEGIC REDEVELOPMENT PLAN TO COMMISSION MEETING
CURRENTLY SCHEDULED FOR OCTOBER 10, 2002.
Commissioner Sanchez: Also, Mr. Chairman, on the CDBG (Community Development Block
Grant) in reference to the time I would move to defer to the next meeting. Move the item,
CDBG item.
Chairman Regalado: We have several.
Commissioner Sanchez: Well take them to the next meeting.
Chairman Regalado: If you want to defer, it's fine by me. No problem.
Commissioner Sanchez: Motion to defer to the next meeting, it's a light -- the next meeting is a
light meeting; correct?
Alejandro Vilarello (City Attorney): Could you identify the items?
Chairman Regalado: It is no longer a light meeting.
Commissioner Sanchez: No. Look, it's late at night, we're tired, and it's an item that's probably
going to require some debate.
252 September 26, 2002
Chairman Regalado: Yeah, and you may suffer the Natasha syndrome.
Commissioner Sanchez: She just left out a word, you know, political.
Chairman Regalado: Anyway 6, 7, 8 and 9 --
Commissioner Sanchez: So move to defer 6, 7, 8 and 9 in the next Commission meeting, Mr.
Chairman.
Chairman Regalado: OK, we have a motion. You want to defer the whole --
Commissioner Sanchez: Yes, sir.
Chairman Regalado: The whole the rest of the agenda? OK, you want to do that?
Vice Chairman Winton: I drank Cuban coffee. I'm waking up. I won't be able to go to sleep if I
go home.
Chairman Regalado: You can watch the meeting. It's on delayed basis, so you want to defer the
whole, the rest of the agenda?
Commissioner Sanchez: Yes, sir, 6, 7, 8?
Chairman Regalado: No, we have more.
Vice Chairman Winton: He means the whole agenda, do you want to defer?
Commissioner Sanchez: No, no, no. Just the CDBG, which is 6, 7, 8 and 9.
Vice Chairman Winton: That's all that you're asking to defer.
Commissioner Sanchez: That's all I'm asking to defer today. The rest aren't complicated issues.
Vice Chairman Winton: Let's rock and roll.
Commissioner Sanchez: Let's roll.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
253 September 26, 2002
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-1081
A MOTION TO DEFER CONSIDERATION OF THE FOLLOWING ITEMS
RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
TO THE NEXT COMMISSION MEETING CURRENTLY SCHEDULED FOR
OCTOBER 10, 2002:
6 PROPOSED RESOLUTION TO AMEND RESOLUTION 02-979,
RELATING TO THE ALLOCATION OF $1,928,400 OF 28TH YEAR CDBG
PROGRAM FUNDS AND $960,000 OF PROGRAM INCOME IN THE
CATEGORY OF PUBLIC SERVICES BY TRANSFERRING CERTAIN
FUNDS;
7 PROPOSED RESOLUTION TO AMEND RESOLUTION 02-879
RELATING TO THE ALLOCATION OF $2,223,400 OF 28TH YEAR CDBG
PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY BY
TRANSFERRING CERTAIN FUNDS;
8 PROPOSED RESOLUTION ALLOCATING $50,000 OF 28TH YEAR
CDBG FUNDS FROM THE ADMINISTRATION CATEGORY TO HOPE
INC. TO PROVIDE FAIR HOUSING ACTIVITIES;
9 PROPOSED RESOLUTION ALLOCATING $375,000 OF CDBG
PROGRAM INCOME TO SUPPORT THE IMPLEMENTATION OF THE FEC
RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN.
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.
254 September 26, 2002
49. DECLARE SURPLUS TOTAL OF FIVE PARCELS OF CITY -OWNED REAL
PROPERTY, FOUR PARCELS LOCATED IN OVERTOWN AREA AND ONE PARCEL
LOCATED IN LITTLE HAITI AREA; DESIGNATE HABITAT FOR HUMANITY OF
GREATER MIAMI, INC., AS DEVELOPER OF TWO NEW SINGLE-FAMILY HOMES,
AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES
AND/OR INDIVIDUALS.
Chairman Regalado: Let's take 10 -- I mean 12, 12, resolution declaring surplus a total of five
parcels of city -owned real estate.
Vice Chairman Winton: So move.
Commissioner Teele: Second.
Chairman Regalado: OK, we have a motion and a second; a public hearing. Being none from
the public to speak, we close the public hearing. 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. 02-1082
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
SURPLUS A TOTAL OF FIVE (5) PARCELS OF CITY -OWNED REAL
PROPERTY, FOUR (4) PARCELS LOCATED IN THE OVERTOWN AREA
AND ONE (1) PARCEL LOCATED IN THE LITTLE HAITI AREA, AS
MORE PARTICULARLY DESCRIBED IN "EXHIBIT A"; DESIGNATING
HABITAT FOR HUMANITY OF GREATER MIAMI, INC., A NOT-FOR-
PROFIT CORPORATION, AS DEVELOPER OF TWO (2) NEW SINGLE-
FAMILY HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR
MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS;
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND
SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND
TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY
BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN
ORDER TO EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER.
255 September 26, 2002
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
50. AUTHORIZE AND DIRECT MANAGER TO SELL CITY -OWNED REAL PROPERTY
LOCATED AT 8210 NORTHEAST 1sT PLACE TO JOSE BARREDO; ESTABLISHING
$43,700 AS TOTAL ACQUISITION AMOUNT TO BE PAID TO CITY FOR PROPERTY.
Chairman Regalado: 13, sell city -owned real estate property, resolution, Northeast 1st Place to
Mr. Jose Barredo.
Commissioner Sanchez: Is this for fair market value?
Lori Bilberry (Acting Director, Asset Management Department): Yes, it is. This amount is
actually, the minimum bid price was $39,000 based on appraisal and Mr. Barredo --
Commissioner Sanchez: Was the highest bidder.
Ms. Billberry: He was the only bidder and he bid $43,700.
Commissioner Sanchez: So move, Mr. Chairman.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
256 September 26, 2002
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1083
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
AND DIRECTING THE CITY MANAGER TO SELL CITY -OWNED REAL
PROPERTY LOCATED AT 8210 NORTHEAST 1sT PLACE, MIAMI,
FLORIDA, ("PROPERTY"), TO JOSE BARREDO; ESTABLISHING $43,700
AS THE TOTAL ACQUISITION AMOUNT TO BE PAID TO THE CITY OF
MIAMI FOR THE PROPERTY; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE
SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE
AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO
EXPEDITIOUSLY EFFECT THE SALE.
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.
51. DEFER APPOINTMENTS OF FIFTEEN (15) INDIVIDUALS TO SOUTH FLORIDA
WORKFORCE BOARD.
Chairman Regalado: Madam City Clerk, what is the date for the second meeting of October?
Tuesday, the 29th?
Pricilla A. Thompson (City Clerk): Tuesday, October 29th
Chairman Regalado: At the --
Ms. Thompson: Manuel Artime.
Chairman Regalado: No. -- yes, I'm sorry Manuel Artime Theater, and by the way Art Noriega
is going to tell us that he has ready the Gusman for the meeting in November, so we need to on
the 11th. October the 11th, we need to set the date for the November meeting in the Gusman.
257 September 26, 2002
Commissioner Sanchez: We're just going from theater to theater. We're very theatrical.
Chairman Regalado: OK, Item 16, resolution, Department of Police, cellular telephone
equipment services.
Commissioner Sanchez: 14, we did. That was the Bond Oversight Board.
Chairman Regalado: 15 we did; 14 we did? 16 --
Raul Martinez (Chief of Police): 16 was deferred. 16, we requested the Manager -- the Manager
requested that it be deferred to the next meeting.
Chairman Regalado: 17, the appointment of individuals to the South Florida Workforce board.
OK, do we have an appointment?
Commissioner Teele: I thought that we were going to have a pool of nominees (INAUDIBLE).
Chairman Regalado: We do this on October the first (INAUDIBLE).
Commissioner Sanchez: Unless somebody has some appointees. I don't.
Vice Chairman Winton: Well, I think that -- I've got a list in front of me for the ones, except the
private sector. I'm not sure I understand it yet, so we can deal with this --
Commissioner Sanchez: All right, move to defer the item.
Chairman Regalado: OK.
Commissioner Teele: Johnny, where does your list come from?
Vice Chairman Winton: I don't know that's what I was just asking.
Chairman Regalado: We'll do it.
Vice Chairman Winton: I said I had a list handed to me I didn't understand it so (INAUDIBLE).
Chairman Regalado: Why would they do that? Why would they recommend (INAUDIBLE).
Dena Bianchino (Assistant City Manager): They were getting a list I believe, Barbara?
Vice Chairman Winton: Well -- but the real fact of the matter is that at least what I heard
historically is that we'd be better served if we found our own people to serve that would truly
represent our interest. The challenge is getting somebody that wants to serve on this board.
258 September 26, 2002
Commissioner Teele: But Johnny, I agree. I think that if the Manager is recommending a list,
we ought to all have access.
Vice Chairman Winton: It wasn't the Manager. It was my staff. I'm sorry.
Commissioner Teele: That's what I was asking, but is that a Manager's recommendation?
Vice Chairman Winton: No, no it was my staff.
Barbara Rodriguez: Excuse me. The South Florida Employment and Board they sent us the
nominees. Those five that you have there are the ones that are required by law like labor Bill
Riley, public education. Now, the ones that are still not ready are the ones from --
Vice Chairman Winton: Where do the names come from then?
Ms. Rodriguez: They sent you those letters recommending those people for those particular
seats. The private sector peoples are the ones that are not ready.
Vice Chairman Winton: Well -- and so that's my point. Also Commissioner Teele? Now I
know where this list came from that's handwritten here. It came from the consortium. So --
Commissioner Teele: But Johnny, it was my understanding that the consortium had made
recommendations to the City.
Vice Chairman Winton: They have only on the specialized listing here.
Commissioner Teele: Upright, and what I was complaining about respectfully, is if there is a list
we should get that list because the consortium made recommendations or when did they do that,
Barbara?
Ms. Rodriguez: They sent it in last week. We provided it to the Commissioner Winton as soon
as it came in it's only five. You have fifteen seats; ten from the private sector and five that are
specialized.
Ms. Bianchino: They were done at the last meeting, if you recall the labor.
Vice Chairman Winton: Yeah, we appointed Bill Riley, so it seems to me that the list the five
that we got from them, we distribute that to all of the Commissioners, and then at the next
meeting, we'll come back with this whole thing, but here's the point. The point is that all the
recommendations are really coming from the consortium. The consortium --
Commissioner Teele: Are you saying we have no independent nominees?
Vice Chairman Winton: We have no -- we have not a single independent nominee at our table
here.
259 September 26, 2002
Chairman Regalado: But can we get them?
Vice Chairman Winton: Yes.
Commissioner Teele: That's not how I understand it.
Ms. Rodriguez: The way it works is that they have to be recommended by a chamber. We can
provide them names and the chamber would have to nominate them. They will send you the list
Vice Chairman Winton: I can get that done in a minute. That's easy to do, but we got to get the
names.
Commissioner Teele: But Johnny, I think we need a memo that lays out the process and all that.
Otherwise, we're just basically rubber-stamping something. There is a process where we can go
out and get people. I don't know who's on that list --
Vice Chairman Winton: We'll get you -- so you need -- and that's what I direct here, get the list
of the five that came from them in the specialty areas to each of the Commissioners. Then there
are 10 private sector individuals that we need to appoint. Those appointments come through the
chamber. That's easy for me to get the chamber to do that, if we would come up with the list.
Commissioner Teele: But it's not just the chamber of commerce; it's --
Ms Rodriguez: It can be the Latin Chamber of Commerce, Greater Miami Chamber of
Commerce and they have a list that they've made nominations. From that list you can select who
you want to --
Commissioner Teele: But we can input to the chamber.
Ms. Rodriguez: Correct.
Vice Chairman Winton: That's my point.
Commissioner Teele: I don't want to wind up being at the end of the --
Vice Chairman Winton: Right and that's always where we've been.
Chairman Regalado: OK, we'll do it on the 11th. The City Attorney --
Vice Chairman Winton: We need to find people -- you all ought to think about people
particularly that are in companies or something that have human resources skill sets already,
because they're the ones that can go to these meeting, understand what they're talking about,
have an appreciation for that our mission is, and represent the City of Miami, but it's a human
resource kind of mentality that's going to work on these things it isn't going to be lots of the
260 September 26, 2002
typical kinds of people that can come from any walk of life that's going to want to sit through
this.
52. SCHEDULE ATTORNEY-CLIENT EXECUTIVE SESSION ON OCTOBER 10, 2002, AT
MIAMI SPORTS AND EXHIBITION AUTHORITY OFFICES LOCATED IN MIAMI
ARENA IN CONNECTION WITH NATIONAL ADVERTISING VS. CITY (BILLBOARD
LITIGATION); STIPULATE THAT COMMISSION MEETING SCHEDULED FOR SAID
DATE WILL FOLLOW AT 9:45 A.M. AT BOOKER T. WASHINGTON HIGH SCHOOL.
REQUEST MIAMI SPORTS AND EXHIBITION AUTHORITY STAFF TO RENT OR MAKE
AVAILABLE NECESSARY EQUIPMENT TO SUPPORT EXECUTIVE SESSION
SCHEDULED FOR OCTOBER 10, 2002.
Chairman Regalado: We need -- to the City Attorney needs an executive session. We used to
have a light agenda on the 11th, so we can accommodate the executive session.
Alejandro Vilarello (City Attorney): The executive session would be on the National
Advertising versus the City of Miami, the billboard litigation.
Chairman Regalado: How much time do you need?
City Attorney: Approximately 30 minutes, maybe 45 minutes.
Chairman Regalado: You want to do it in the morning of the l Ith?
Mr. Vilarello: The 10th
Chairman Regalado: Or you want to do it sometime --
Commissioner Teele: Let's think about this. An executive session, where are we going to meet?
We need to think about the venue because the executive session, we need to be at the right
venue. OK, and Booker T. is not going to be the venue to have an executive session.
Chairman Regalado: Well, then let's have it at City Hall what day do you guys want? I don't
care. For me, as long as it's not at noon. Do we have a meeting, a board meeting?
Mr. Vilarello: There is not one currently scheduled. The last one was cancelled.
Vice Chairman Winton: Well, they don't have a budget, so maybe we ought to disband it.
Commissioner Teele: We're going to have a meeting, on what day the l Ith?
Priscilla A. Thompson (City Clerk): The 10th
Mr. Vilarello: The 10th
261 September 26, 2002
Commissioner Teele: Let's schedule the executive session for 8:45 at the MSEA building, OK?
Chairman Regalado: I cannot be there at 8:45.
Commissioner Teele: At 9 o'clock.
Chairman Regalado: At 9 o'clock, I can be there.
Commissioner Teele: 9 o'clock the MSEA building and immediately following that, we'll go to
the Commission meeting at Booker T., which is three blocks away, but we need to have the
people set up and all that we've got to have a public room where we can convene the meeting, so
we can go to a private meeting. What's the problem?
Ms. Thompson: I'm sorry, Commissioner, that means that the City Clerk's office will be split up
trying to run from one meeting to the other to make sure we're here set up. We have to set up
the private room, the pubic room and then have to set up here.
Commissioner Teele: What's the problem?
Vice Chairman Winton: And your point is what?
Commissioner Teele: I'm sure MSEA will work with you and get you everything that you need,
especially since they didn't have their budget done on time. I would move that the executive
session be held at 9 AM at the MSEA boardroom for the purpose of following the Attorney's
advice on the recommendation, and following that meeting that the regular Commission meeting
will be announced to begin at approximately 9: 45 A.M. I would so move.
Vice Chairman Winton: Second.
Commissioner Teele: At Booker T. Washington.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
262 September 26, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-1084
A MOTION SCHEDULING AN ATTORNEY-CLIENT EXECUTIVE
SESSION ON OCTOBER 10, 2002, AT 9 A.M., AT THE MIAMI SPORTS
AND EXHIBITION AUTHORITY OFFICES LOCATED IN THE MIAMI
ARENA IN CONNECTION WITH NATIONAL ADVERTISING VS. CITY OF
MIAMI (BILLBOARD LITIGATION); FURTHER STIPULATING THAT THE
COMMISSION MEETING SCHEDULED FOR SAID DATE WILL FOLLOW
AT APPROXIMATELY 9:45 A.M. AT THE BOOKER T. WASHINGTON
HIGH SCHOOL.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: And I would also move that the MSEA staff be requested to rent or make
available the necessary equipment to support the executive session of that meeting. I would so
move.
Vice Chairman Winton: Second.
Chairman Regalado: We have a motion and a second all in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its
adoption:
MOTION NO. 02-1085
A MOTION REQUESTING THE MIAMI SPORTS AND EXHIBITION
AUTHORITY STAFF TO RENT OR MAKE AVAILABLE THE NECESSARY
EQUIPMENT TO SUPPORT THE EXECUTIVE SESSION SCHEDULED
FOR OCTOBER 10, 2002.
263 September 26, 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.
53. AUTHORIZE COCONUT GROVE SPECIAL EVENTS AND MARKETING
COMMITTEE TO USE LIGHT POLES LOCATED THROUGHOUT COCONUT GROVE
FOR PLACEMENT OF BANNERS ON AN ONGOING PERMANENT BASIS.
Chairman Regalado: Any pocket items before we leave?
Vice Chairman Winton: Yes, I have some banner things.
Chairman Regalado: Banners?
Vice Chairman Winton: Banners you want me to do my banners? OK, I got Coconut Grove
Special Events Marketing Committee request that Coconut Grove ongoing permanent basis be
used -- what does this say? The use of streetlight banner poles in Coconut Grove on an ongoing
basis, so move.
Chairman Regalado: We have a motion.
Commissioner Sanchez: On an ongoing basis?
Vice Chairman Winton: This is the special events committee of Coconut Grove.
Commissioner Sanchez: So you are going to tie up all the poles, ongoing?
Vice Chairman Winton: Only in Coconut Grove.
Chairman Regalado: Yeah, we're tying up all the poles.
Vice Chairman Winton: No, you can be anybody if you're coming in, but you have to go before
the special committee.
Commissioner Sanchez: For banners?
Vice Chairman Winton: No, for special events.
264 September 26, 2002
Commissioner Sanchez: Oh, OK.
Chairman Regalado: OK. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1086
A MOTION AUTHORIZING THE COCONUT GROVE SPECIAL EVENTS
AND MARKETING COMMITTEE TO USE LIGHT POLES LOCATED
THROUGHOUT COCONUT GROVE FOR THE PLACEMENT OF
BANNERS ON AN ONGOING PERMANENT BASIS.
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.
54. AUTHORIZE COCONUT GROVE PLAYHOUSE TO USE LIGHT POLES LOCATED
THROUGHOUT CITY FOR PLACEMENT OF BANNERS TO PROMOTE ITS 47TH
SEASON.
Vice Chairman Winton: This is a request from Cocoanut Grove Playhouse for banner request
commemorating 47 seasons. So move.
Commissioner Sanchez: Second.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
265 September 26, 2002
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1087
A MOTION AUTHORIZING THE COCONUT GROVE PLAYHOUSE TO
USE LIGHT POLES LOCATED THROUGHOUT THE CITY OF MIAMI FOR
THE PLACEMENT OF BANNERS TO PROMOTE ITS 47TH SEASON.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by
the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
55. AUTHORIZE MANAGER TO CO-SPONSOR EVENTS AND AUTHORIZE GROUPS TO
USE LIGHT POLES LOCATED THROUGHOUT CITY FOR PLACEMENT OF BANNERS
TO: "AN EVENING OF GIVING' SCHEDULED FOR SUNDAY, NOVEMBER 10, 2002 BY
DADELAND MALL; "FIFTH ANNUAL GOLDEN PALM GIFT MARKET" SCHEDULED
FROM NOVEMBER 22 TO 24, 2002 AT COCONUT GROVE EXPO CENTER BY JUNIOR
LEAGUE; HEALTH AND FITNESS PROGRAMS OFFERED BY YMCA OF GREATER
MIAMI.
Chairman Regalado: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, I have three requests for banners. One for "An evening
of Giving," the other one for the YMCA (Young Men Christian Association) of Greater Miami,
and the other one for the Junior League and it's three pocket items which they all respectfully
request the City Commission to consider the co-sponsorship of their annual event to raise money
and enables the lease to support programs and charities to benefit the entire community. So
move.
Vice Chairman: Second. They are all banners, right?
Commissioner Sanchez: They're all banners.
Chairman Regalado: We have a motion and a second all in favor, say "aye."
The Commission (Collectively): Aye.
266 September 26, 2002
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-1088
A MOTION AUTHORIZING THE CITY MANAGER TO CO-SPONSOR THE
FOLLOWING EVENTS AND FURTHER AUTHORIZING THE
FOLLOWING GROUPS TO USE LIGHT POLES LOCATED THROUGHOUT
THE CITY OF MIAMI FOR THE PLACEMENT OF BANNERS TO
PROMOTE LISTED EVENTS:
■ "AN EVENING OF GIVING' SCHEDULED FOR SUNDAY, NOVEMBER
10, 2002 BY DADELAND MALL;
■ "FIFTH ANNUAL GOLDEN PALM GIFT MARKET" SCHEDULED FROM
NOVEMBER 22 TO 24, 2002 AT THE COCONUT GROVE EXPO CENTER
BY THE JUNIOR LEAGUE;
■ HEALTH AND FITNESS PROGRAMS OFFERED BY YMCA OF
GREATER MIAMI.
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.
Commissioner Sanchez: I'm a banner Commissioner.
56. DIRECT THAT BALANCE OF UNAPPROPRIATED FUNDS FROM DISTRICT 5
OFFICE ACCOUNTS BE ALLOCATED TO RITMIKREYOL (NOT-FOR-PROFIT), SERIES
OF EVENTS FEATURING ARTS AND CRAFTS, POETRY READING, SHORT PLAYS,
FOOD AND MUSIC WITH LOCAL AND INTERNATIONAL BANDS, PROVIDING SUCH
ACTIVITIES ARE PART OF `CULTURAL FRIDAYS/SATURDAYS AND HELD IN
DISTRICT 5 THROUGHOUT FISCAL YEAR 2003; PROVIDING THAT FUNDS MAY
ALSO BE EXPENDED TO LIQUIDATE ANY DEBT OWED TO CITY, MIAMI-DADE
COUNTY AND ANY VENDOR THAT PROVIDED SERVICES IN ROOTS AND CULTURE
FESTIVAL 2002.
Commissioner Teele: Did we do the one on the EO board on the community relations board?
Chairman Regalado: Yes, we did.
267 September 26, 2002
Commissioner Teele: Somebody did? OK.
Chairman Regalado: Sanchez did. I asked him to do it.
Commissioner Teele: I would this is a resolution of the City Commission directing -- I don't
know where -- is Karen around anywhere? -- It's the balance of unappropriating [sic] funds from
District 5, office account be allocated to a Creole name that I cannot pronounce spelled
Ritmikreyol, a not-for-profit or a series of events featuring arts, crafts, poetry reading, short
plays, music and local international bands provided that such activities are part of the culture
Friday and Saturday -- this is your stuff, Tomas -- and held in District 5 throughout the fiscal
year and further providing that these funds may also be expended to the liquidate any debt owned
to the City of Miami, Miami -Dade County or to any vendor or artist that performed services
during the Roots and Culture Festival 2002 held in District 5. So move.
Commissioner Sanchez: Second.
Commissioner Teele: Call the question.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1089
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO ALLOCATE THE BALANCE OF
UNAPPROPRIATED FUNDS FROM THE ACCOUNTS OF THE OFFICE
OF DISTRICT 5 TO RITMIKREYOL, A PARTICIPANT OF "CULTURAL
FRIDAYS/SATURDAYS" TO BE HELD IN DISTRICT 5 THROUGHOUT
FISCAL YEAR 2003, TO PRESENT A SERIES OF EVENTS FEATURING
ARTS AND CRAFTS, POETRY READINGS, SHORT PLAYS, FOOD AND
MUSIC WITH LOCAL AND INTERNATIONAL BANDS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXPEND SUCH FUNDS TO
LIQUIDATE ANY DEBT OWED TO THE CITY OF MIAMI, MIAMI-
DADE COUNTY AND ANY VENDOR OR ARTIST THAT PROFFERED
OR PROVIDED SERVICES TO THE 2002 ROOTS AND CULTURE
FESTIVAL HELD WITHIN DISTRICT 5; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE.
268 September 26, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
57. STIPULATE THAT CITY CLERK PRISCILLA A. THOMPSON SHALL RECEIVE
SAME BENEFITS AS PREVIOUSLY PROVIDED TO PRIOR CITY CLERK, WALTER J.
FOEMAN, WHEN HE RETIRED, OR ALTERNATIVELY THAT MANAGER PRESENT
REPORT AND GIVE COMMISSION ANALYSIS OF BENEFITS AT MEETING
CURRENTLY SCHEDULED FOR OCTOBER 10, 2002.
Commissioner Teele: This is a resolution of the City Commission -- Mr. Chairman, the sunshine
law does not allow me to discuss this with you, regarding the benefits previously provided to the
City Clerk and I'm advised that those benefits are not consistent with what the previous Clerk got
and I thought after this period, the Clerk has certainly performed and I would ask that the
benefits be amended and modified to provide the consistency on the benefits as it relates to the
Clerk or that the Manager alternatively that the Manager present a report and give us an analysis
of the benefits at the next meeting.
Commissioner Sanchez: Second on that motion.
Chairman Regalado: OK, we have a motion and a second all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It's on the October 10th agenda.
269 September 26, 2002
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-1090
A MOTION STIPULATING THAT CITY CLERK PRISCILLA A.
THOMPSON SHALL RECEIVE THE SAME BENEFITS AS PREVIOUSLY
PROVIDED TO THE PRIOR CITY CLERK, WALTER J. FOEMAN, WHEN
HE RETIRED, OR ALTERNATIVELY THAT THE CITY MANAGER
PRESENT A REPORT AND GIVE THE COMMISSION AN ANALYSIS OF
THE BENEFITS AT THE NEXT MEETING CURRENTLY SCHEDULED
FOR OCTOBER 10, 2002.
The following motion was introduced by Commissioner Sanchez, who moved for it's
adoption:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
58. AUTHORIZE REIMBURSEMENT TO MS. PENNY LAMBETH, CHAIRPERSON OF CITY'S
CEMETERY COMMITTEE, FOR UNSPECIFIED COMMUNITY SERVICES, $1,700.00 WITH
FUNDS ALLOCATED FROM YEAR END CARRY OVER FUNDS.
Commissioner Teele: Mr. Chairman, this a resolution authorizing the reimbursement to a Ms. Penny
Lambeth for unspecified community services in an amount not to exceed $1700 with funds allocated
from the year-end carryover funds, and just so that there's an explanation, Ms. Lambeth is the Chairman
of the City of Miami Cemetery Committee and coordinates a whole series of activities. Her car suffered
damage. It was not recorded appropriately by whatever; there's a question as to whether or not there is
documentation. The grant is for $1700 for unspecified community services and I just think that we
cannot afford to have someone that outstanding upset with the City about the work we all know that
she's been doing over there, so I would so move.
Commissioner Gonzalez: Second.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
270 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1091
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
REIMBURSEMENT TO MS. PENNY LAMBETH FOR UNSPECIFIED
COMMUNITY SERVICES IN AN AMOUNT NOT TO EXCEED $1,700.00,
WITH FUNDS ALLOCATED FROM YEAR END CARRY OVER FUNDS.
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.
59. DIRECT ADMINISTRATION TO ESTABLISH MEDIA PLAN THAT ALLOWS FOR
PILOT CREOLE PROGRAMMING PROJECT THAT PROVIDES NECESSARY SERVICES
AND COLLABORATIVE ACTIVITIES FOR PROVISION OF PUBLIC SERVICE;
ADMINISTRATION TO MEET WITH REPRESENTATIVES OF ISLAND MAGAZINE TV
TO ESTABLISH SUCH PROGRAMMING ON NET 9.
Commissioner Teele: This is a no -budget issue. A resolution for the City Commission directing
the administration to establish a pilot media project for a pilot Creole programming that provides
necessary collaborative services for the provision of public service in Creole and further
requesting that the administration meet with representatives of Island Magazine to establish such
pilot programming on Net -9. I would so move for discussion.
Commissioner Gonzalez: Second.
Commissioner Teele: The County just approved a major grant for a pilot Creole program on the
county channel to be able to provide some limited services and etc. I just think we ought to try
to at least piggyback on that. I'm not directing it. I'm asking the Manager to come back to us
with it and I hope that this meets with everyone's approval, but it obviously necessitates a study
and a report.
Chairman Regalado: We have a motion and a second all in favor, say "aye."
271 September 26, 2002
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1092
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO ORGANIZE AND FORMULATE A MEDIA PLAN
FOR A PILOT CREOLE PROGRAMMING PROJECT AND
COLLABORATIVE ACTIVITIES FOR THE PROVISION OF PUBLIC
SERVICE; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT
THE CITY ADMINISTRATION TO MEET WITH REPRESENTATIVES OF
THE "ISLAND MAGAZINE TV" TO ESTABLISH AND TELEVISE SUCH
PROGRAMMING ON THE CITY -OWNED TELEVISION CHANNEL NET 9.
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.
60. PROVIDE GRANT TO ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH,
$2,500.00, FOR RENTAL OF RECREATIONAL AMUSEMENT EQUIPMENT FOR ITS
FIRST ANNUAL "FAITH, FEAST -N -FUN FESTIVAL" SCHEDULED TO TAKE PLACE IN
OVERTOWN AT GIBSON PARK ON SUNDAY, OCTOBER 20, 2002.
Commissioner Teele: And the others are the usual. A resolution of the Miami City Commission
providing a grant to St. John's Institutional Mission Baptist Church in an amount of $2500
subject to the availability of funds at the Manager's discretion for the rental of recreational
amusement equipment for the first annual "Faith Feast and Fun Festival" taking place in
Overtown in Gipson Park on Sunday, October 20th, and that was what Reverend Nevins talked
about this morning. 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.
272 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1093
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO PROVIDE A GRANT TO ST. JOHN
INSTITUTIONAL MISSIONARY BAPTIST CHURCH, FOR THE RENTAL
OF RECREATIONAL AMUSEMENT EQUIPMENT FOR ITS FIRST
ANNUAL "FAITH, FEAST -N -FUN FESTIVAL" SCHEDULED TO TAKE
PLACE IN OVERTOWN AT GIBSON PARK ON SUNDAY, OCTOBER 20,
2002 FROM 11:00 AM TO 1:30 P.M., IN AN AMOUNT NOT TO EXCEED
$2,500.00, AND SUBJECT TO THE AVAILABILITY OF FUNDS.
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.
61. DIRECT MANAGER, SPECIFICALLY INCLUDING DEPARTMENT OF COMMUNITY
DEVELOPMENT, TO REVIEW PROPOSAL SUBMITTED BY ST. AGNES COMMUNITY
DEVELOPMENT CORPORATION FOR ESTABLISHMENT OF AFTER-SCHOOL
COMPUTER LABORATORY AND TUTORIAL PROGRAM, COLLEGE -ORIENTATION
AND JOB -SKILLS TRAINING PROGRAM AND TO RETURN TO BOARD WITH
RECOMMENDATIONS BY OCTOBER 29, 2002 COMMISSION MEETING.
Commissioner Teele: This is a resolution of the City Commission directing the Manager to
include in the department of community development a review -- this is for a study or review --
of the proposal submitted by St. Agnes Community Development Corporation for the
establishment of an after school computer laboratory and tutorial program and college orientation
and to return to the board within 30 days regarding their recommendation. So move.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
273 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1094
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO INSTRUCT THE DEPARTMENT OF COMMUNITY
DEVELOPMENT TO REVIEW THE PROPOSAL SUBMITTED BY ST.
AGNES COMMUNITY DEVELOPMENT CORPORATION FOR THE
ESTABLISHMENT OF AN AFTER-SCHOOL COMPUTER LABORATORY
AND TUTORIAL PROGRAM, AND COLLEGE -ORIENTATION AND JOB -
SKILLS TRAINING PROGRAM, AND TO RETURN TO THE CITY
COMMISSION WITH RECOMMENDATIONS PERTAINING TO SUPPORT
NEEDED FOR THE PROGRAMS BY THE COMMISSION MEETING
CURRENTLY SCHEDULED FOR OCTOBER 29, 2002.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner .Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
62. DIRECT MANAGER TO PROVIDE GRANT FROM ALLOCATIONS FROM DISTRICT
5 OFFICE BUDGET, $500.00, TO LITTLE RIVER NEIGHBORHOOD IMPROVEMENT
ASSOCIATION FOR THEIR FIRST ANNUAL COMMUNITY BLOCK PARTY AND
RALLY SCHEDULED TO TAKE PLACE AT 771 NW 4TH AVENUE ON SATURDAY,
SEPTEMBER 27, 2002.
Commissioner Teele: This is a resolution of the City Commission directing the Manager to
provide a grant of $500 from the district 5 office budget of $500 to the Little River
Neighborhood Improvement Association for their rally to take place on Saturday, September
27th. So move.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
274 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1095
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO PROVIDE A GRANT, FROM ALLOCATIONS
FOR THE DISTRICT 5 OFFICE BUDGET, TO THE LITTLE RIVER
NEIGHBORHOOD IMPROVEMENT ASSOCIATION FOR THEIR "FIRST
ANNUAL COMMUNITY BLOCK PARTY AND RALLY," SCHEDULED TO
TAKE PLACE AT 771 NORTH WEST 4TH AVENUE, MIAMI, FLORIDA, ON
SATURDAY, SEPTEMBER 27, 2002 AT 10:00 A.M., IN AN AMOUNT NOT
TO EXCEED $500.00, SUBJECT TO THE AVAILABILITY OF FUNDS.
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.
63. PROVIDE IN-KIND GRANT TO CHURCH OF GOD TABERNACLE, $85.00, FOR
WAIVER OF FEES ASSOCIATED WITH RENTAL OF MEETING ROOM AT CHARLES
HADLEY PARK, 1350 NW 50TH STREET, FOR THEIR CHURCH OF GOD YOUTH GROUP
`BACK -TO -SCHOOL" WORKSHOP SCHEDULED TO TAKE PLACE ON SATURDAY,
SEPTEMBER 28, 2002.
Commissioner Teele: And finally, is a resolution to provide in-kind grant services to the
Tabernacle religious institution for the waiver of fees associated with the rental of meeting room
at the Charles Hadley Park for a workshop to take place for the "Back to School' workshop to
take place on Saturday, September 28th. So move.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
275 September 26, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1096
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO PROVIDE AN IN-KIND GRANT TO THE
CHURCH OF GOD TABERNACLE, IN AN AMOUNT NOT TO EXCEED
$85.00, FOR THE WAIVER OF FEES PERTAINING TO THE RENTAL OF
THE MEETING ROOM AT CHARLES HADLEY PARK, LOCATED AT 1350
NORTH WEST 50TH STREET, MIAMI, FLORIDA, FOR ITS "CHURCH OF
GOD YOUTH GROUP BACK -TO -SCHOOL WORKSHOP," WHICH IS
SCHEDULED TO TAKE PLACE ON SATURDAY, SEPTEMBER 28, 2002.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
64. AMEND RESOLUTION NO. 00-758 RELATING TO ACQUISITION OF FOUR
MULTIFAMILY PROPERTIES LOCATED AT 1435, 1455 AND 1475 NORTHWEST 61sT
STREET AND 1606 58TH TERRACE, LOCATED IN MODEL CITY REVITALIZATION
DISTRICT; ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM FUNDS, $385,000.00, TO COVER ALL COSTS ASSOCIATED WITH
ACQUISITION AND PAYMENTS RELATED TO SUBJECT PROPERTIES.
Commissioner Teele: And the final one is at the request of the Attorney and the Manager. This
does not expend any money. It involves a resolution of the -- it reallocates dollars previously
allocated. A resolution to the City Commission amending Resolution 00-758 adopted by the
City Commission September 14th 2000, relating to the acquisition of four multi -family properties
located at 143555 and 1475 Northwest 61st Street and 1606 58th Terrace, Miami, located in the
Model City's Revitalization District, allocating Community Development Block Grant dollars in
the amount not to exceed $285,000 to cover the cost $385 associated with the acquisition and
payments related to the subject property; authorizing and directing the City Manager, and the
City Attorney to take appropriate steps required to acquire the subject property and authorizing
the City Manager to execute all necessary documents in a form acceptable to the City Attorney
for said acquisition. I would so move for discussion.
276 September 26, 2002
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second.
Commissioner Teele: In 2000 we allocated $300,000 after the City paid liens and taxes and all
of that. There was a shortfall of $85,000. The $85,000 is coming from previously allocated
funds to the Model City Trust. The Model City Trust board has approved this reallocation, and
this simply just confirms our authority and not theirs, to make these decisions. It is no new
money being allocated.
(INAUDIBLE COMMENTS)
Commissioner Teele: No, because we're acquiring it in our name and they requested it, right?
Alejandro Vilarello: It was required by the City Commission before the creation.
Commissioner Teele: Yeah, but isn't this request now coming from the Model City Trust staff?
Dan Fernandes (Acting Director, Community Development): No, sir. This is an acquisition
that's been going on for two years, and what happened is the City Attorney indicated --
Commissioner Teele: Further subject to an approval by the board of the Model City Trust.
Mr. Vilarello: This is property that ultimately would go into the Model City Trust.
Commissioner Teele: Yeah, but I don't want to allocate their money. It's previously money
allocated to them. OK, so that would be the other condition. So move.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
277 September 26, 2002
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-1097
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING RESOLUTION NO. 00-758, RELATING TO
THE ACQUISITION OF FOUR (4) MULTIFAMILY PROPERTIES
LOCATED AT 1435, 1455 AND 1475 NORTHWEST 61sT STREET AND 1606
NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, LOCATED IN THE
MODEL CITY REVITALIZATION DISTRICT; AUTHORIZING THE
ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED
$385,000.00, TO COVER ALL COSTS ASSOCIATED WITH THE
ACQUISITION AND PAYMENTS RELATED TO THE SUBJECT
PROPERTIES, AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY ATTORNEY TO TAKE THE APPROPRIATE STEPS REQUIRED
TO ACQUIRE THE SUBJECT PROPERTIES; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
ACQUISITION.
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.
65. BRIEF DISCUSSION ON DEFERRAL OF CRA MEETING TO OCTOBER 10, 2002 AT
2:00 P.M.
TABLED: REQUEST FROM CITY CONVEYANCE OF FIRE STATION NO. 2 FOR
FURTHERANCE OF REDEVELOPMENT ACTIVITIES WITHIN FIRE STATION NO. 2
MOTION PICTURE AND MEDIA DISTRICT. (See #66)
Chairman Regalado: Do we have a motion to adjourn?
Commissioner Sanchez: So move.
278 September 26, 2002
Commissioner Teele: Mr. Chairman, before we adjourn, deferred the balance of the CRA
(Community Redevelopment Agency) meeting to the end. I would like to acknowledge that the
director -- what we'd like to do is defer the meeting to 2 o'clock on the 10th, further recognizing
that the director may or may not be present at that time and we wish her very well and those
items that the director would not like to go forward at that time she'll have a right to pull them so
just a truncate to finish that off -- unless -- I think that's the best way Commissioner Winton,
Commissioner Gonzalez. Is there any thing that has to go forward, Ms. Lewis?
Annette Lewis: There was the only item that I would have liked to discuss tonight was the fire
station. Everything else --
Commissioner Teele: If Commissioner Winton wants to take it up tonight I be --
Vice Chairman Winton: Fine with me.
Commissioner Teele: Very quickly, please. What item number was that?
Ms. Lewis: That was 12.
Commissioner Sanchez: With all due respect, executive director, there -- oh, he's here, Mr.
Sanchez. I think you were here for that item on the fire. I thought you weren't here. I was just
going to say that you were here.
Ms. Lewis: Well, he came back.
Commissioner Teele: Very quickly. The fire station is owned by the City of Miami. For the
CRA to begin the process of doing all the structural and the historic preservation --
Chairman Regalado: Why don't we adjourn the City Commission meeting and then you can take
up the CRA. This is a CRA (UNINTELLIGIBLE). OK, we have a motion to adjourn the City
Commission. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 02-1098
A MOTION TO ADJOURN THE REGULAR MEETING OF THE CITY
COMMISSION.
279 September 26, 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: Now, special session. We continue the CRA session, Mr. Chairman.
Thereupon, the City Commission adjourned the Regular meeting at 10:25 p.m. and convened the
meeting of the Community Redevelopment Agency.
66. AUTHORIZE CRA EXECUTIVE DIRECTOR TO REQUEST FROM CITY
CONVEYANCE OF FIRE STATION NO. 2, LOCATED AT 1401 NORTH MIAMI AVENUE
FOR FURTHERANCE OF REDEVELOPMENT ACTIVITIES WITHIN FIRE STATION NO.
2 MOTION PICTURE AND MEDIA DISTRICT (See #65b).
Chairman Teele: The item is a discreet item, relating to the fire station on Miami Avenue and
14th Street.
Annette Lewis (Executive Director, CRA): That's correct, sir.
Chairman Teele: The inconvenience and the difficulty is, any work that's done has to be done
after getting all of the releases, and permits, and approvals by the City Commission. The CRA
(Community Redevelopment Agency) is going to expend money, is that right?
Ms. Lewis: Mr. -- give me your name.
George Sanchez: Sanchez.
Ms. Lewis: Mr. Sanchez has a proposal and that entails a hundred thousand dollars ($100,000),
and I think he's requesting what -- thirty thousand dollars ($30,000) from the CRA?
Chairman Teele: No, no, no, no, no, no. This is simply -- the issue before us tonight is whether
or not we're going to request the transfer of the station. And the only thing that I am going to
say is, I don't want this station in the CRA property forever. The City has had it. I would like to
have a reverter clause that is in the four, five years, it reverts back automatically to the City, if
that's acceptable to you?
280 September 26, 2002
Carlos Gimenez (City Manager): Yes, sir, it is.
Vice Chairman Winton: And there's real good reason to do this because, frankly, that's really a
historic building. It's a fabulous building. It's suffering from benign neglect and it's the kind of
thing that's going to -- if we don't start making something happen, it's going to go away and that
would be a total disaster. George has spent a huge amount of time on figuring out how we can
preserve this building, and get it opened as a community center and some art stuff and all kind of
jazz. And the only thing we're doing now is taking a rational step to put this in the right spot so
that we can really begin to spend money to get that place rehabbed.
Chairman Teele: But this is what I want to make sure we don't do. First, I agree 100 percent
with what you're doing. But what I wanted to make sure we're doing, George, just so that you
understand is we can't talk about a proposal because we don't own the land or we don't -- the
first thing we can do is put it under the CRA, and that requires the City Commission having to
vote to approve it.
Mr. Sanchez: Right.
Chairman Teele: And then we can talk about going forward and making the improvements --
you know, we've waited, how long, two months to get approval to put lights on the building?
You know. So these things take time. I mean, you know, just for the CRA to put lights on a City
building, we've got to go to Public Works, we've got to go here, we got to go to Asset
Management. We've got to do that. And the main thing that I want, Madam Clerk and the Asset
Management Director, I want to get the transcript of all of the discussions that were held with
Commissioner Plummer and myself, and I want to say why. Because I don't want the CRA to
own this building, because if the CRA owns it, it's too easy to dispose of it. If the City owns it,
it's much more difficult to dispose of I believe, personally, that this building should be an asset
of the City of Miami and should not be sold. And I had that big fight with J. L. three different
times. Staff was strongly recommending selling it. You know, the termites, the this, the that, the
dah, dah, dah, dah, dah. And I see the City owning this as a way to prevent speculators coming
in and getting it. But I think -- given the CRA role with George and others, I think we can have a
lot more community involvement, raise a lot more money, and get a better community plan and
then let it go into the City portfolio.
Vice Chairman Winton: So, it'd be a double transfer ultimately.
Chairman Teele: So it would be a double transfer. So, would you move that the CRA request of
the City that the item be -- that the building be transferred, with a reverter clause, back to the
City in five years.
Vice Chairman Winton: So moved.
Chairman Teele: Is there a second?
Board Member Sanchez: Second.
281 September 26, 2002
Chairman Teele: Is there objection? All those in favor, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: Opposing?
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
SEOPW/CRA MOTION NO. 02-80
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI
COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE
CRA EXECUTIVE DIRECTOR TO REQUEST FROM THE CITY OF MIAMI
THE CONVEYANCE OF FIRE STATION NO. 2, LOCATED AT 1401
NORTH MIAMI AVENUE FOR THE FURTHERANCE OF
REDEVELOPMENT ACTIVITIES WITHIN THE FIRE STATION NO. 2
MOTION PICTURE AND MEDIA DISTRICT.
(Here follows body of motion, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
Board Member Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Teele: So we'd request the Manager to do it. And with that, we'll defer the meeting.
And thank you, George. Did you want --
Mr. Sanchez: Thank you.
Chairman Teele: George, did you want to put your name on the record?
Mr. Sanchez: George Sanchez, 600 Northeast 36th Street, Miami, FL 33137.
Chairman Teele: Thank you.
Mr. Sanchez: Thank you.
282 September 26, 2002
Chairman Teele: The CRA -- no other matters to come before the CRA. The CRA stands
adj ourned.
283 September 26, 2002
There being no further business to come before the Community Redevelopment Agency for the
Southeast Overtown/Park West and Omni District, the meeting was adjourned at 10:29 p.m.
ATTEST:
PRISCILLA A. THOMPSON
City Clerk
SYLVIA SCHEIDER
Assistant City Clerk
(SEAL)
ARTHUR E. TEELE, JR.,
Chairman
284 September 26, 2002