HomeMy WebLinkAboutCC 2002-11-19 MinutesMINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 19th day of November 2002, the City Commission of Miami, Florida, met at the
Manuel Artime Center, 900 Southwest 1st, Miami, Florida, in regular session.
The meeting was called to order at 9:11 a.m. by Chairman Tomas Regalado with the following
members of the Commission found to be present:
Commissioner Angel Gonzalez (District 1)
Vice Chairman Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Chairman Tomas Regalado (District 4)
ABSENT
Commissioner Arthur E. Teele, Jr. (District 5)(9:20 a.m.)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Priscilla A. Thompson, City Clerk
Sylvia Scheider, Assistant City Clerk
November 19, 2002
An invocation was delivered, followed by a moment of silence to honor the victims of terrorist
attacks against the United States a year ago today.
1. WILLY BERMELLO AND CHUCK MARTINEZ PRESENT GRAND PRIX OF
AMERICAS HELMETS TO CITY OFFICIALS. (See #4)
Chairman Regalado: The City Commission meeting is convened. Commissioner Sanchez will
do the invocation; Commissioner Winton, the pledge of allegiance.
An invocation was delivered by Commissioner Sanchez, after which Commissioner Winton led
those present in a pledge of allegiance to the flag.
Chairman Regalado: We want to thank Art Noreiga and Miami Parking Authority for hosting
this City Commission meeting in this beautiful theater. It is beautiful. Before we continue with
the agenda, we have Chuck Martinez from CART (Champion Auto Racing Team), who is going
to have a presentation regarding the downtown races. Chuck, good morning.
Chuck Martinez: Thank you, Mr. Chairman, Mr. Mayor and Commissioners. I thank you so
much on behalf of Le Grand Prix Americas, on behalf of CART, ALMS (American Le Mans),
our partners Willy Bermello and Peter Yanowitch. I just want to present these trophies, these
helmets signed by the drivers, as a reminder of a great event we held in our community, and your
role in making it a success. Thank you very much.
Commissioner Sanchez: Thank you.
Chairman Regalado: Well, thank you. You want to come up.
Vice Chairman Winton: Mr. Chairman, if you don't mind, I would like to take a moment to
recognize the entire team that put these races together. I think you all did one heck of a job. I
know it was a real battle getting there. The interference caused by the folks down in Homestead
was absolutely incredible. You had no way of knowing, right up to race day, whether or not you
would have a race or not have a race, so given those kind of circumstances, I think the event was
just magnificent, and I got lots and lots and lots of compliments from people that came into
downtown Miami about the look of downtown, about the races themselves, about the attitude of
our Police Department during -- which, during that race, was absolutely fabulous. They were
courteous, they directed traffic, they did all the kinds of things that you'd expect them to do, so I
think it was a real team effort that really made our City shine, and I'm thrilled that you all did this
and look forward to next year.
(APPLAUSE)
Chairman Regalado: OK. There are no vetoes from the Mayor, and you know, the City Clerk is
trying to keep up to date with some of the house clearing items, so before we go on to the regular
agenda, we need a motion to approve the minutes of the following meetings: The regular
2 November 19, 2002
meeting of May 10, 2001, the Planning and Zoning meeting of May 24, 2001, and the Special
Meeting of October 10, 2001.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Teele: Second.
Chairman Regalado: Thank you. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: We have presentations and proclamations.
Presentations made.
2. CONSENT AGENDA
DEFER CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING FUNDING OF
LAW ENFORCEMENT TRUST FUND TUITION REIMBURSEMENT PROGRAM,
$226,000, TO COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 12,
2002.
DEFER TO COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 12,
2002, PROPOSED RESOLUTION TO ACCEPT RECOMMENDATIONS OF MANAGER TO
APPROVE FINDINGS OF COMPETITIVE SELECTION COMMITTEE THAT THE MOST
QUALIFIED FIRMS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR
FOUR NEW FIRE STATIONS IN RANK ORDER, ARE: (1) M.C. HARRY AND
ASSOCIATES, INC.; (2) BERMELLO, AJAMIL AND PARTNERS, INC. AND (3)
FERGUSON GLASGOW SCHUSTER SOTO, INC.; IN ORDER FOR ADMINISTRATION
TO REVIEW ALL FACTS PRESENTED BY BOTH ADMINISTRATION AND BERMELLO,
AJAMIL AND PARTNERS, INC. IN BID PROTEST.
Commissioner Teele: Mr. Chairman, I move the consent agenda.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Vilarello: There's a substitute resolution on CA -17. It's been distributed.
Carlos A. Gimenez (City Manager): Also, Mr. Chairman, we're withdrawing item CA -2.
Vice Chairman Winton: And I have questions on CA -7, 8 and 13.
Chairman Regalado: On item CA -2, I was going to ask you, Mr. Manager, because I tried to
understand what --
3 November 19, 2002
Commissioner Gonzalez: It's been withdrawn.
Chairman Regalado: Yeah, it's been withdrawn. Is this coming back or --?
Mr. Gimenez: We're withdrawing it for now, and I'm going to reject the bids and put it out for
bid one -- once again, and it'll come back at a future date.
Chairman Regalado: OK.
Commissioner Gonzalez: Mr. Chairman, I have questions on CA -5.
Chairman Regalado: CA -5. Go ahead, sir.
Commissioner Gonzalez: OK. We are asked to adopt a resolution authorizing the allocation of
funds in the amount of $226,000 for the Law Enforcement Trust Fund Tuition Reimbursement
Program, and I have different questions. This was explained to me, and at the time that I was
briefed on this, I expressed my concerns. One of my concerns is that we're talking here, I
believe, on a program that it's going to last two years, two or three years, and my question was,
what is going to happen after those three years? Well, actually, I had a lot of concerns. One
concern was I believe in concept, this a great idea, but, is this going to apply to the present police
officers that are on the force now, that may not have a degree, but do have 20 years of service, 23
years of service, 25 years of service, and is this going to be an impediment for these officers to
take a sergeant's, a lieutenant's, or a captain's exam, in order to be promoted? They told me,
"No, it's not going to apply. They will be entitled to take the exams and be promoted." My
second question was, these monies, we know that we have these monies now for the next two or
three-year program. But what is going to happen after that? Well, they couldn't actually give
me an answer on what is going to happen after that, but I don't want this problem to become a
burden on the general funds of the City of Miami, then three years from now, we have to start
looking for money to pay tuitions. Another concern is that if we're doing this with a single
department within the City of Miami Administration, I believe that we are discriminating against
the other employees of the City of Miami that should also be able to get the same type of
treatment. They should be able to have part of their tuitions paid, if they want to go to college,
and get an advanced education in order to get better position within the City of Miami, so, I also
address the issue that maybe the FOP (Fraternal Order of Police) will be fine and dandy with
this, but what about the Firefighters Union, and what about the Civil Employee Union? Are we
making a different, you know, are we giving these departments a different treatment that we're
going to be giving to the rest of the City employees or -- you know, I really have a lot of
concerns on this. Some of the questions, they told me they were going to come back with
answers. Mayor Mirable (UNINTELLIGIBLE) came back to our office yesterday, he was kind
enough to come back and give us answers on a couple of questions, but then he had to go back
and ask more questions in order to brief us. I respectfully would request to -- this item to be
deferred until we can really get an answer to all of these concerns, before approving something
that can be controversial, and also that could be detrimental to other City of Miami departments.
Chairman Regalado: So what do you want to do? You want to pull that?
4 November 19, 2002
Commissioner Gonzalez: I would -- well, what I would like to do is, actually defer it for next
meeting, so we can have at least another thirty days to work out all the of the concerns, you
know, and I don't know how the rest of the Commission feels about it, but that is -- those are my
concerns.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Commissioner Sanchez.
Commissioner Sanchez: I'm OK with the referral, giving this more time so Commissioner
Regalado -- Commissioner Gonzalez could get some of his questions answered, but let me just
tell you that I think this is a very worthwhile piece of legislation. One, it encourages more
professionalism in the Police Department, and that's something that we're all striving for, but
also it affords them the opportunity to continue their education, and once they go out and able to
get their Associate's or Bachelor's degree, I think it would benefit the Police Department. Let
me just say that a lot of the questions that you had, could easily be answered here today. The
Fire Department does have something similar, which they could attend school or continue their
education. A lot of the other departments also do that. The City provides assistance for
employees to continue their higher education, and they do have strict guidelines. You can't -- in
order to be reimbursed, you got to obtain better than a C, the employee attends at his own time,
so we're focusing on the Police Department, that's in front of us today, to make the Police
Department a more professional Police Department, and to have great leadership, you can't deny
the education, but I agree with you, if you have some questions that have not been answered by
the Police Department that came in front of you, I'm OK with that, but I think we should focus
on educating all of our employees in the City of Miami.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: For the last four years, in fact, I have asked for legislation calling for the --
Bru -- the lady who was the Finance Director, that past away prematurely.
Unidentified Speaker: Judy Weatherholt.
Commissioner Teele: Judy Weatherholt -- educational program. This City lags way behind in
providing benefits to our employees. When I say benefits, I'm not talking about the union
negotiated benefits; I'm talking about the kinds of educational opportunities that change a person
and their families for life. For three years I've asked the Manager and the Human Resources
Department, to come forward with a comprehensive program that allows for people to go and get
at least a Bachelor's degree, without regard to whether or not it is "job sensitive" or job related.
Because a Bachelor's degree gives us a better employee, who feels -- who has a better scope,
better potential for advancement. There is no down -size to it. I believe firmly that the General
Fund and that the basic City budget, after we deal with the minimum -- the livable wage
ordinance, after we deal with the livable wage ordinance, but I really believe that that City
5 November 19, 2002
budget should comprehend that every employee of this City has the opportunity to go and get an
Associate's degree, and as much as a Bachelor's degree, with the City paying the tuition, and
perhaps even contributing professional time. I know of at least three Police Officers in the
county, who received Law degrees, while they were on duty, being reimbursed. Law degrees.
Now, you may say, "Well, what does that have to do with being a Police Officer?" The fact of
the matter is, I think we well know that giving today's court rulings and the technical matters of
law, a person with a Law degree has a tremendous advantage in basic Police work, so I want to
be on record as saying that I think the issues that Commissioner Gonzalez are raising need to be
answered to his satisfaction, but we need to go forward with a program that provides for tuition
reimbursement. My concern though is, I would like to see a Citywide program, and I realize you
know, that each department is different, rules are different, Law Enforcement Trust Funds
available are available for Police, but I would hope that the management would look at a
Citywide program, but not hold back the Police in moving forward. Thank you, Mr. Chairman.
Chairman Regalado: Thank you, sir. OK, so CA -5.
Commissioner Teele: Motion to defer is --
Vice Chairman Winton: Second.
Chairman Regalado: On the 12. Motion to defer on the 12. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-1202
A MOTION TO DEFER CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING FUNDING OF THE LAW ENFORCEMENT TRUST FUND
TUITION REIMBURSEMENT PROGRAM, IN AN AMOUNT NOT TO
EXCEED $226,000, TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR DECEMBER 12, 2002.
Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
6 November 19, 2002
Chairman Regalado: CA -5 is deferred. CA -2 is pulled by the Administration.
Commissioner Teele: I think Vice Chairman Winton had several --
Chairman Regalado: Yes, sir.
Vice Chairman Winton: I had several, and actually, CA -7 isn't a question about the CA -7, but it
rolls -- it created another question, and that is, have we resolved the issue that we've had with
MCI (Microwaves Communication Incorporated) for so long about the $400,000 or $500,000
that they owe us.
Elaine Buza: Elaine Buza, Information Technology. Yes, we did, Commissioner. In March of
2002, we received a settlement check in the amount of approximately $195,000. There was a
resolution that came before the Commission, and that's for accepting that amount of money in
settlement of that.
Vice Chairman Winton: I must have been asleep. OK, thank you. I'm going to have to stay
better awake at these things. Thank you.
Chairman Regalado: OK.
Vice Chairman Winton: CA -8. The $380,000 -- this is the exam, what period of time does this
$380,000 cover?
Renee Jones: Renee Jones, Department of Human Resources. This is a contract for two yeas
with the option to renew for three additional 1 -year periods.
Vice Chairman Winton: So the $380,000 covers the two years?
Ms. Jones: Yes.
Vice Chairman Winton: Thank you. CA -13. Would you explain what we're really doing there?
I wasn't clear here what's happening.
Laura Billberry: Lori Billberry. Asset Management. Due to the downsizing of Community
Development Work Force Program, that we were reducing the square footage of the rentable
space, and it was a phased reduction, so, there was first a reduction to 16,177 square feet,
effective July 1, at 17,525 a month, and it was further reduced, effective August 1, down to
11,619. The rent remained the same at $13 a square foot.
Vice Chairman Winton: OK. I was reading the background part, and that's what, so I just had to
read this more carefully. I understand now, so thank you, Lori.
Ms. Billberry: OK.
7 November 19, 2002
Vice Chairman Winton: That's all I got.
Chairman Regalado: OK. Anybody from the public who wishes to address the Board, on any
items on the consent agenda? This is a public hearing. Anybody? Being none, we -- sorry? Oh,
OK. Didn't see you.
Willy Bermello: Mr. Chairman, good morning, Willy Bermello, with address at 2601 South
Bayshore Drive. Item 7, which is the Manager's recommendation with respect to the City's Fire
Stations. By the time that we were able to access the --
Chairman Regalado: Excuse me --
Mr. Bermello: City's -- yes.
Chairman Regalado: -- CA -7.
Mr. Bermello: (UNINTELLIGIBLE) 6.
Commissioner Sanchez: CA -6.
Mr. Bermello: CA -6. By the time that we were able to access the City information on the votes
and criteria utilized by the City Selection Committee, it was past the deadline for a formal
protest. We found in our analysis that there was an error, which inadvertent or not, nevertheless,
penalized our firm, putting us in second place, instead of first place. The error basically assumed
that we have City work right now with the City, or that we're not a minority firm, both of which
is incorrect. We are certified Hispanic firm in the City of Miami, and we also don't have any
current contracts with the City of Miami. That doesn't mean that we don't do a lot of work
within the City, but the Committee basically rated us with two out of the possible four points.
The ranked number one firm got all four points. That difference made the difference between
the first and the second rank firm. We communicated that to the City, as son as we found out
about it. Unfortunately the information wasn't available to us earlier, otherwise we would have
done so, and we wanted to bring this to your attention. We've communicated with the Manager,
with Mr. Michael Rath on this issue, we wanted to bring it to your attention. Thank you.
Chairman Regalado: Thank you. Mr. Manager, do you want to --
Michael Rath: Commissioners, my name is Michael Rath, from the Purchasing Department. Mr.
Bermello is correct. He did communicate to the Public Works Department a letter of protest, if
you will. The letter was received by the Public Works Department later than the specified time,
and he did outline some concerns, as the letter was received late, and not in accordance with our
protest procedures, it was not considered.
Mr. Gimenez: Would have, in fact -- is Mr. Bermello correct in his assertion that there was a
miscalculation and he would have been ranked number one?
8 November 19, 2002
Mr. Rath: There are -- Mr. Manager, there are many criteria in the evaluation process, and it is
possible some of those criteria are subjective, and it is possible that hat could have been ranked
somewhat differently; however, I can't say for sure that is the case.
Mr. Gimenez: But there's a possibility that his assertion is correct?
Mr. Rath: Yes.
Chairman Regalado: So what do you do?
Alejandro Vilarello (City Attorney): Mr. Chairman, we do have a bid protest procedure and it
does require compliance with its requirements as provided for the rules --
Chairman Regalado: But wait, wait, wait. He said that he didn't get the information on time
from the City, so it is the City's fault that he didn't get the information to have the protest ready,
or is it because they forgot, the firm?
Mr. Rath: Commissioners, the letter was sent to Bermello and Ajamil, and they have from the
date of the receipt of their recommendation letter, they have a period of time, which they need to
forward a protest to us, and that process was not followed. They did not submit the protest letter
to us in a specified time.
Chairman Regalado: No, but he didn't say that. He said that he was not able to access the
ratings of the City in time to meet the deadline for the protest. Is that true or false?
Mr. Rath: Commissioner -- that is false. The information is available as soon as a
recommendation is made.
Mr. Gimenez: Is there something in writing from Mr. Bermello's company to the City,
requesting information in writing or -- you know, I mean, he makes an allegation that somehow
he did not get this information on time. Do you have something in writing requesting the
information? And do you have something in writing that says when you gave the information to
the firm?
Mr. Bermello: No, I do not.
Commissioner Sanchez: I have two questions, Mr. Chairman. One is, with -- I don't know how
-- if it was answered or not, but it was a question that was asked by the City Manager. The
oversight that cost two out of the four points, did his company, after you reviewed it, the
oversight, he did meet those two requirements that apparently were overlooked?
Mr. Rath: Yes, he did. He --
Commissioner Sanchez: So he did, and --
Mr. Rath: He is a Hispanic, certified firm, as well as a local firm.
9 November 19, 2002
Commissioner Sanchez: OK, and that would have made a difference?
Mr. Rath: He was provided some points for that criterion.
Commissioner Sanchez: And my second question, how close were the points? I mean, what was
the difference between one and two, and two and three?
Mr. Rath: It was one and a half points between number one and two.
Chairman Regalado: Two.
Commissioner Sanchez: Yeah. Well, you know --
Chairman Regalado: That's --
Commissioner Sanchez: When -- and this is a concern that I have. Once you -- first, the
argument made here, I think, is justified, whether the procedure following the complaint was
within the rules and regulation, but when you start grading these companies so close to each
other, and you come before us and you basically admit that there's been an oversight on your
half of possibly two points, I mean, it really opens up the floor for arguments, so Mr. City
Attorney, what can we do, as the policymakers here? We could throw out the bid and start all
over again or --
Mr. Vilarello: I believe you have two options.
Commissioner Sanchez: What are our options?
Mr. Vilarello: One that you just mentioned, throw out all bids and start all over again, or deem
the protest as timely received, then we would go through the process of reviewing the protest and
make a determination --
Commissioner Sanchez: Well, I'm not prepared to do that now --
Mr. Vilarello: --that would be subject to appeal by the City Commission.
Commissioner Sanchez: -- and make a -- I'm not prepared to do that now, but I'm willing to say
that the protest argument is a valid and holds merit.
Mr. Vilarello: In which case then, my recommendation to you would be to reject all bids and
start the process over again.
Commissioner Sanchez: So --
Chairman Regalado: Yes, sir.
10 November 19, 2002
Vice Chairman Winton: I'm not convinced that -- I don't know the facts. We've only heard
verbal testimony from two -- from both sides. We've seen no documentation, and I would not
like to start a process here that the County has, where we're -- where we get wrapped up in all
this stuff, and I agree with you, Joe, completely, that we want the process to be fair and
appropriate, but we don't know that yet, and so what I would rather see -- is there a time -
sensitive nature to this -- I don't even know what the subject is, frankly, but is there --
Mr. Gimenez: This is for construction of fire stations.
Vice Chairman Winton: The fire houses, OK, so it isn't that time -sensitive, so, it seems to me
that we can defer this issue to the next Commission meeting. Let the Administration gather the
facts, and the facts are going to be about proof that delivery dates were met, and information
dates were met, and all that jazz, and then let them come back here, and then we can make a
decision about which way we vote, would be my thought about this.
Commissioner Gonzalez: Move to defer.
Mr. Vilarello: Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Vilarello: That's exactly what I was talking about, as terms of deeming the protest as timely
received. That way the facts and circumstances would be gathered.
Vice Chairman Winton: Oh, OK.
Mr. Vilarello: Mr. Rath received the protest late. Therefore, although he had reviewed the facts,
he has not come to any kind of conclusion on it, because once the protest is deemed late, then he
proceeds to the recommendation to the Commission. My suggestion is, if we deem the protest as
received timely, and then there is a process in the code for us to follow, and we can certainly get
that accomplished before the 12th.
Vice Chairman Winton: But what if he didn't timely respond to the -- I mean, what did you call
it? (UNINTELLIGIBLE) --
Mr. Vilarello: To the protest. Well, he didn't timely respond to the protest.
Vice Chairman Winton: I don't know that yet. I mean, I didn't -- he didn't say that.
Chairman Regalado: Then we won't get the facts.
Vice Chairman Winton: Yeah, so -- but what I -- there's a minor difference between what Alex
is saying. I'm not sure I'm prepared to accept what he's saying, or reject what he's saying. I
don't know the technical impact of this, one way or another.
11 November 19, 2002
Mr. Vilarello: By deeming it timely received, the protest timely received, we will go -- the
procurement officer will go through the review of the substantive issues that are being raised by
Mr. Bermello.
Vice Chairman Winton: But my point is that he may not have protested in a timely fashion, and
I don't want to deem it a timely protest, if he didn't file the protest timely.
Mr. Vilarello: Then the only issue you want answered is whether the protest was timely received
or not.
Vice Chairman Winton: OK.
Chairman Regalado: Well --
Vice Chairman Winton: Then that's where it ought to start.
Chairman Regalado: But you see, if we don't do that, we will never be able to get the
information that we want -- that you need to make a decision.
Vice Chairman Winton: Oh, you're right, because there was a question about whether or not --
Chairman Regalado: Because -- you know, they're going to forget about it.
Vice Chairman Winton: Yeah, yeah, yeah, you're right, you're right. OK. I can
(UNINTELLIGIBLE).
Commissioner Gonzalez: Mr. Chairman.
Chairman Regalado: Commissioner Gonzalez.
Vice Chairman Winton: I think you're right.
Commissioner Gonzalez: Yes. My concern is that, even if the protest was not filed timely,
second review was done, and we have an assertion that, actually they're a minority vendor,
they're local, they're -- whatever they have to be in order to gain the points that they didn't gain,
so the only way that we're going to be able to evaluate and have a definite answer from the
department, is after this is reevaluated and check, and make sure that whenever the
recommendation comes back to us give us, give us a definite, because the City is accepting the
fact that, in fact, they were denied some points because of misunderstanding or because lack of
knowledge that they were local vendors, and that they qualified on this, and on that, and the
other, so I believe -- my opinion is that we should defer this, and let the Administration review
these bids, and do the proper rating of each company, and then bring it back to us.
Commissioner Sanchez: Second.
Mr. Gimenez: Mr. Chairman.
12 November 19, 2002
Chairman Regalado: Yes, sir.
Mr. Gimenez: If you -- if this resolution passes, what we'll do is, we will do a certain review of
the facts; was their documentation requesting the information, et cetera, and we come back to
you saying, well, here's what we found. Either we were remised in our duty to give the
information to Mr. Bermello or we were not, and regardless of that, here is the -- here is what the
outcome would have been had the points been calculated correctly, and then you can make a
decision on that.
Commissioner Sanchez: Call the question.
Chairman Regalado: OK. What are we doing, deferring this or accepting the timing?
Mr. Gimenez: Deferring.
Commissioner Sanchez: The Administration is going back with the (UNINTELLIGIBLE).
Chairman Regalado: So the Administration -- so this is only a deferral?
Commissioner Sanchez: Yes.
Mr. Vilarello: If you defer this item, the procurement rule simply says, if the Manager comes
back and advises you that the appeal was untimely, then you're bound by that; the protest has
been waived, and your choices are as are presented to you today. If -- as I think Commissioner
Regalado indicated, you wanted more information, whether or not they were properly ranked one
or two, then you need to deem the protest as having been timely received, and follow the
procedure in the code. The procurement officer will make a decision, and that finding will come
to your attention for your final decision.
Vice Chairman Winton: But you see, Alex, there's another piece to this that, I guess, I'm still
puzzled by, and that is that one of the assertions here is that the information that the vendor
needed in order to file an appeal, he claims he didn't get, so if we would determine that he did
get that information in a timely fashion, then you would be able to say clearly that he, the
vendor, didn't meet the requirements for the appeal in a timely fashion. I mean, so it isn't as
simple as you're describing it, so that's why I'm trying --
Mr. Vilarello: Except for the motion to defer, I don't know what direction you're giving the
Manager.
Vice Chairman Winton: To -- I think our direction is to --
Mr. Vilarello: Just to review it and come back.
Vice Chairman: -- let the Manager go back and gather all the facts, so that we can determine if
all of the processes and procedures were followed; thereby, we can then make the appropriate
13 November 19, 2002
determination, one way or another, from that stepping stone. I mean, so we're not leaving
something out here.
Chairman Regalado: The only thing that I cannot understand is that what we're doing here is
totally opposed at what we do in the United States. In the United States, everybody is innocent
until proven guilty. Now, in this case, these people are guilty because the City made a mistake,
and they have to prove that they are innocent.
Vice Chairman Winton: But we don't know that the City made a mistake.
Chairman Regalado: Well, they just --
Vice Chairman Winton: You're making an assumption.
Chairman Regalado: He just admitted -- he admitted that he made a mistake by not rating as a
local vendor, and as a person who -- a company that wasn't doing any work in the City of
Miami. He just said that, the Procurement Director, so they did -- he -- did you made [sic] a
mistake, yes or no?
Mr. Rath: Commissioners, no.
Chairman Regalado: Yes?
Mr. Rath: No.
Chairman Regalado: You didn't grade him non minority?
Commissioner Teele: See, this is a (UNINTELLIGIBLE). Mr. Chairman, with all due respect,
I've listened to this. This is going in a hundred different directions, and it's not a lot of yes and
no's. The Attorney has said, if you don't file an appeal on time, even in the Federal Court
system, if you don't file the appeal on time, the court will not entertain it. Now, the problem
with the evaluation system is, based upon what's been said, they gave some points in an area.
Now, how does the -- this man, with all due respect to the Procurement Director, go back and
look in the heads of the three or four people that were sitting there and say, "Did you give them
two points because they were Hispanic, or did you give them two points because they were
local? They didn't give them zero, but the fact is, Mr. Bermello, I think, rightly believes that he
should have gotten four points, instead of two points, and so, you know, this is going to wind up
becoming something that we don't want to do up here. I think the most convenient thing is to get
this back to the Manager, with all of our discussions, with the Attorney's comments in hand, and
I think, the Attorney is really trying to do something that Commissioner Winton has said twice
he doesn't want to do, which is make a finding now that the appeal was timely, for whatever
reason, and -- I mean, I can understand that. I would vote either way. I mean, it doesn't bother
me one way or the other. Just know that if you vote that the appeal was timely, then you've set a
precedent, and anybody else who comes in with a late appeal is going to have a similar right,
under similar circumstances, and that's the only thing that, I think, we need to be careful about is
14 November 19, 2002
setting that precedent, but on the other hand, if Mr. Bermello is right, that he couldn't get access
to the information, then that's something the Manager is going to have to try to go through --
Vice Chairman Winton: And that's what we're working out.
Commissioner Teele: -- but I don't think that's our decision here to determine whether or not the
information was timely received or not received, and so I just think we ought to turn this over to
the Manager, in one form or the other, and move on with the order of the day.
Chairman Regalado: OK.
Mr. Bermello: Mr. Commissioner, may I --
Vice Chairman Winton: Call --
Mr. Bermello: -- for just a second on the issue of timeliness. There's a City staff by the name of
Vice Chairman Winton: But, Willie, I don't think we want to hear it. We don't have any
documentation.
Chairman Regalado: We --
Vice Chairman Winton: The only thing we're doing is bouncing your point, and that doesn't do
anything for us. I don't want to hear any of it. I want facts to come out, and the Manager is
capable of looking at documentation to figure out what the facts are.
Chairman Regalado: OK. Go ahead.
Vice Chairman Winton: So I would call the question on --
Chairman Regalado: We have a question to send this back to the Manager and get a report and a
detailed information.
Commissioner Teele: How many stations are we going to build?
Chairman Regalado: Four, four.
Commissioner Teele: How many fire stations are we going to build?
Chairman Regalado: Four.
Mr. Gimenez: You got two new fire stations that are going to come up from the ground up, and
use, probably what, two more that are going to be rebuilt to existing (UNINTELLIGIBLE) --
15 November 19, 2002
Commissioner Teele: And is this for one person to build all of -- to build both of them or is it for
one to build one?
Chairman Regalado: No, all of them. The resolution says four.
Mr. Gimenez: This is for architectural services. This is the architectural services.
Vice Chairman Winton: For all four.
Commissioner Teele: Yeah, but I understand. Is this architect going to design one station or two
stations, or four stations?
Vice Chairman Winton: Four.
Mr. Gimenez: All four.
Chairman Regalado: Yes.
Commissioner Teele: One firm's going to do all four?
Mr. Bermello: Yes.
Commissioner Teele: I can tell you right now, when it comes back, I think we ought to let one
firm do two and one firm do two. I mean, we don't have enough work to just give one -- is the
recommended vendor a local firm, City of Miami?
Mr. Bermello: No, they are not.
Commissioner Teele: Well, I can tell you right now, I would like to see this come back with,
obviously, if you've got a photo finish and you got four jobs, it's not a whole lot of rocket
science here to figure an equitable solution, so --
Mr. Gimenez: Fair enough, sir.
Chairman Regalado: OK. Item 6 is pulled. We need a motion to --
Pricilla A. Thompson (City Clerk): I'm sorry, Chairman. Commissioner Winton did call the
question, but I don't have a vote.
Commissioner Teele: On the motion to defer.
Chairman Regalado: On the motion to defer, all in favor, say "aye."
The Commission (Collectively): Aye.
16 November 19, 2002
The following motion was introduced Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 02-1203
A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR DECEMBER 12, 2002, PROPOSED RESOLUTION TO
ACCEPT THE RECOMMENDATIONS OF THE CITY MANAGER TO
APPROVE THE FINDINGS OF THE COMPETITIVE SELECTION
COMMITTEE THAT THE MOST QUALIFIED FIRMS TO PROVIDE
PROFESSIONAL ARCHITECTURAL SERVICES FOR THE FOUR NEW
FIRE STATIONS IN RANK ORDER, ARE: (1) M.C. HARRY AND
ASSOCIATES, INC.; (2) BERMELLO, AJAMIL AND PARTNERS, INC.
AND (3) FERGUSON GLASGOW SCHUSTER SOTO, INC.; IN ORDER
FOR THE ADMINISTRATION TO REVIEW ALL THE FACTS
PRESENTED BY BOTH THE ADMINISTRATION AND BERMELLO,
AJAMIL AND PARTNERS, INC. IN THE BID PROTEST AND REPORT
BACK TO THE COMMISSION AS TO WHETHER OR NOT ALL
PROCESSES AND PROCEDURES WERE FOLLOWED.
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 Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Chairman Regalado: OK. Anything else? We close the public hearing on the consent agenda.
Commissioner Teele: Call the question on the consent agenda.
Vice Chairman Winton: Second.
Chairman Regalado: Consent agenda is moved. All in favor, say "aye."
The Commission (Collectively): Aye.
17 November 19, 2002
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 VICE CHAIRMAN WINTON, 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
2.1 ACCEPT BID OF TONY CORPORATION DB/A/ CARABALLO LOCKSMITH FOR
PURCHASE OF LOCKSMITH SERVICES FOR VARIOUS USER DEPARTMENTS AND
AGENCIES; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF
VARIOUS USER DEPARTMENTS AND AGENCIES.
RESOLUTION NO. 02- 1204
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF TONY CORPORATION DB/A/ CARABALLO LOCKSMITH FOR
THE PURCHASE OF LOCKSMITH SERVICES FOR VARIOUS USER
DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT
BASIS FOR ONE YEAR WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM
GENERAL OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS AND AGENCIES, AT TIME OF NEED, SUBJECT TO
BUDGETARY APPROVAL.
18 November 19, 2002
2.2 APPROVE PROCUREMENT OF HAND-HELD TOOLS AND HAND-HELD POWER
TOOLS FROM VARIOUS VENDORS FOR DEPARTMENT OF PURCHASING, TO BE
UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS, UNDER EXISTING STATE
OF FLORIDA CONTRACT NO. 445-001-03-1; ALLOCATE FUNDS FROM GENERAL
OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES.
RESOLUTION NO. 02-1205
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF HAND-HELD TOOLS AND HAND-HELD POWER
TOOLS FROM VARIOUS VENDORS FOR THE DEPARTMENT OF
PURCHASING, TO BE UTILIZED CITYWIDE BY VARIOUS USERS
DEPARTMENTS ON AN AS -NEEDED BASIS, AWARDED UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 445-001-03-1,
EFFECTIVE THROUGH JULY 29, 2003, SUBJECT TO ANY
EXTENSIONS; ALLOCATING FUNDS FROM THE GENERAL
OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND
AGENCIES, SUBJECT TO BUDGETARY APPROVAL.
2.3 AUTHORIZE TIRE RETREADING AND REPAIR SERVICES FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, FROM UNION TIRE, LIBERTY TIRE AND
RUBBER, INC., AND FEDAN TIRE CO., UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 6164-3/05OTR-CW-LW, TOTAL CONTRACT AMOUNT OF $300,000;
ALLOCATE FUNDS FROM DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, HEAVY FLEET DIVISION.
RESOLUTION NO. 02-1206
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
TIRE RETREADING AND REPAIR SERVICES FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, FROM UNION TIRE,
LIBERTY TIRE AND RUBBER, INC., AND FEDAN TIRE CO., ON AN AS -
NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 6164-3/05OTR-CW-LW, EFFECTIVE UNTIL
JUNE 30, 2005, SUBJECT TO FURTHER EXTENSIONS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $100,000, FOR A TOTAL CONTRACT
AMOUNT OF $300,000; ALLOCATING FUNDS FROM THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, HEAVY
FLEET DIVISION, ACCOUNT CODE NO. 509000.420901.6.721, SUBJECT
TO BUDGETARY APPROVAL.
19 November 19, 2002
2.4 ACCEPT FINDINGS OF SELECTION COMMITTEE, PURSUANT TO REQUEST FOR
PROPOSALS, THAT QWEST IS MOST QUALIFIED PROVIDER OF CITYWIDE LONG
DISTANCE SERVICES; AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH
QWEST, $100,000; ALLOCATE FUNDS FROM DEPARTMENT OF INFORMATION
TECHNOLOGY.
RESOLUTION NO. 02-1207
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), ACCEPTING THE FINDINGS OF THE SELECTION
COMMITTEE, PURSUANT TO THE REQUEST FOR PROPOSALS, THAT
QWEST IS THE MOST QUALIFIED PROVIDER OF CITYWIDE LONG
DISTANCE SERVICES; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH QWEST, IN
SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO
EXCEED $100,000, FOR AN INITIAL THREE-YEAR PERIOD, WITH THE
OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS;
ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION
TECHNOLOGY, ACCOUNT CODE NO. 460101.510.
20 November 19, 2002
2.5 ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF
SELECTION COMMITTEE THAT THE MOST QUALIFIED FIRMS TO ADMINISTER
PROMOTIONAL EXAMINATION PROCESSES FOR POLICE SERGEANT, POLICE
LIEUTENANT, AND POLICE CAPTAIN FOR DEPARTMENT OF HUMAN RESOURCES,
IN RANK ORDER, ARE: (1) SHL LANDY JACOBS, INC. ("SHL -LJ"), AND (2) BARRETT
AND ASSOCIATES INC.; AUTHORIZE MANAGER TO NEGOTIATE A PROFESSIONAL
SERVICES AGREEMENT WITH SHL -LJ, $380,825; ALLOCATE FUNDS FROM MIAMI
POLICE DEPARTMENT GENERAL OPERATING BUDGET; AUTHORIZE MANAGER TO
NEGOTIATE AGREEMENT WITH BARRETT AND ASSOCIATES, INC., IN EVENT
NEGOTIATIONS FAIL WITH TOP-RANKED FIRM.
RESOLUTION NO. 02-1208
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE
FINDINGS OF THE SELECTION COMMITTEE THAT THE MOST
QUALIFIED FIRMS TO PROVIDE AND ADMINISTER THE
PROMOTIONAL EXAMINATION PROCESSES FOR THE
CLASSIFICATIONS OF POLICE SERGEANT, POLICE LIEUTENANT,
AND POLICE CAPTAIN FOR THE DEPARTMENT OF HUMAN
RESOURCES, IN RANK ORDER, ARE: (1) SHL LANDY JACOBS, INC.
("SHL -LJ"), AND (2) BARRETT AND ASSOCIATES INC.;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT WITH SHL -LJ, THE TOP-
RANKED FIRM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR AN INITIAL PERIOD OF TWO YEARS, WITH THE OPTION TO
EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS, AT AN
ESTIMATED TOTAL COST NOT TO EXCEED $380,825, FOR THE
INITIAL AND EXTENDED TERM OF THE AGREEMENT; ALLOCATING
FUNDS FROM THE MIAMI POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT WITH BARRETT AND ASSOCIATES, INC., THE
SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH
THE TOP-RANKED FIRM; AND AUTHORIZING THE CITY MANAGER
TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR CONSIDERATION.
21 November 19, 2002
2.6 AUTHORIZE MANAGER TO EXECUTE USE AGREEMENT WITH SOCCER GROUP,
INC., TO PRESENT THREE PROFESSIONAL SOCCER MATCHES AT ORANGE BOWL
STADIUM ON JANUARY 18TH, 22ND, AND 25TH, 2003; AUTHORIZE USER FEE CAP OF
$2,500 PER EVENT DAY.
RESOLUTION NO. 02-1209
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE
A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE SOCCER GROUP, INC., TO PRESENT THREE PROFESSIONAL
SOCCER MATCHES AT THE ORANGE BOWL STADIUM ON JANUARY
18TH, 22ND, AND 25TH, 2003; AUTHORIZING A USER FEE CAP OF $2,500
PER EVENT DAY; PROVIDED THAT THE SOCCER GROUP, INC., (1) PAY
FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH EACH EVENT DAY, (2) OBTAIN INSURANCE
TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER, AND (3) COMPLY WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER.
2.7 AUTHORIZE IMPLEMENTATION OF GOVERNMENT MONEY PURCHASE PLAN
AND TRUST ADOPTION RETIREMENT PLAN FOR EXECUTIVE DIRECTOR AND
EMPLOYEES OF BAYFRONT PARK MANAGEMENT TRUST THROUGH ICMA
RETIREMENT CORPORATION; ALLOCATE FUNDS FROM OPERATING BUDGET OF
TRUST.
RESOLUTION NO. 02-1210
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE IMPLEMENTATION OF A
GOVERNMENT MONEY PURCHASE PLAN AND TRUST ADOPTION
RETIREMENT PLAN FOR THE EXECUTIVE DIRECTOR AND
EMPLOYEES OF THE BAYFRONT PARK MANAGEMENT TRUST
("TRUST") THROUGH THE ICMA RETIREMENT CORPORATION,
APPROVED BY THE TRUST BY RESOLUTION NOS. 02-052 AND 02-
052.1, ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM
THE OPERATING BUDGET OF THE TRUST; AND AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE TRUST TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
22 November 19, 2002
2.8 AUTHORIZE DIRECTOR OF FINANCE TO PAY BERTHA ACOSTA AND
FRANCISCO ACOSTA, $124,999, IN FULL SETTLEMENT OF ALL CLAIMS AGAINST
CITY, FOR CASE OF BERTHA ACOSTA AND FRANCISCO ACOSTA VS. CITY;
ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 02-1211
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY BERTHA ACOSTA AND
FRANCISCO ACOSTA, THE SUM OF $124,999, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, FOR THE CASE OF BERTHA ACOSTA AND
FRANCISCO ACOSTA VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 01-9015 CA (13), UPON EXECUTING A
RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS
AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651.
2.9 AUTHORIZE MANAGER TO ENTER INTO SOUTH FLORIDA MONEY
LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND
VARIOUS OTHER LAW ENFORCEMENT AGENCIES, TO EXTEND MUTUAL AID IN
LAW ENFORCEMENT SERVICES AND RESOURCES.
RESOLUTION NO. 02- 1212
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO ENTER
INTO A SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN
SUBSTANTIALLY THE ATACHED FORM, WITH THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT AND VARIOUS OTHER LAW
ENFORCEMENT AGENCIES, TO RECEIVE AND EXTEND MUTUAL AID
IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES
TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO
INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO,
NATURAL OR MANMADE DISASTERS OR EMERGENCIES AS DEFINED
IN PART 1, CHAPTER 23, FLORIDA STATUTES.
23 November 19, 2002
2.10 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 4 TO LEASE
AGREEMENT BETWEEN CITY, LESSEE, AND GOLDEN SANDS ALLAPATTAH
CORPORATION, LESSOR, TO PROVIDE FOR: (1) REDUCTION IN OFFICE SPACE
FROM 19,096 SQUARE FEET TO 16,177 SQUARE FEET AT MONTHLY RENTAL FEE OF
$17,525.08; AND (2) REDUCTION OF OFFICE SPACE FROM 16,177 SQUARE FEET TO
11,619 SQUARE FEET, AT MONTHLY RENTAL FEE OF $12,587.25.
RESOLUTION NO. 02-1213
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 4 TO THE LEASE AGREEMENT ("AGREEMENT")
DATED JANUARY 5, 1998, AS AMENDED, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI, LESSEE, AND
GOLDEN SANDS ALLAPATTAH CORPORATION, LESSOR, TO PROVIDE
FOR: (1) EFFECTIVE JULY 1, 2002, A REDUCTION IN OFFICE SPACE
FROM 19,096 SQUARE FEET TO 16,177 SQUARE FEET AT A MONTHLY
RENTAL FEE OF $17,525.08; AND (2) EFFECTIVE AUGUST 1, 2002, A
FURTHER REDUCTION OF OFFICE SPACE FROM 16,177 SQUARE FEET
TO 11,619 SQUARE FEET, AT A MONTHLY RENTAL FEE OF $12,587.25,
WITH ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE
AGREEMENT REMAINING IN EFFECT.
24 November 19, 2002
2.11 AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO LEASE AGREEMENT
BETWEEN CITY (LESSEE) AND GOLDEN SANDS ALLAPATTAH CORPORATION
(LESSOR), FOR OFFICE SPACE AT 1313 NORTHWEST 36TH STREET TO EXERCISE
CITY'S OPTION TO RENEW AGREEMENT FOR FIVE YEARS COMMENCING
JANUARY 1, 2003, AT RENTAL RATE OF $14 PER SQUARE FOOT OR $13,550.50 PER
MONTH.
RESOLUTION NO. 02-1214
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE
AGREEMENT DATED JANUARY 5, 1998, AS AMENDED
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("LESSEE") AND GOLDEN SANDS
ALLAPATTAH CORPORATION ("LESSOR"), FOR OFFICE SPACE AT
1313 NORTHWEST 36TH STREET, MIAMI, FLORIDA, TO EXERCISE THE
CITY'S OPTION TO RENEW THE AGREEMENT FOR FIVE YEARS
COMMENCING JANUARY 1, 2003, AT AN INITIAL GROSS RENTAL
RATE OF $14 PER SQUARE FOOT OR $13,550.50 PER MONTH FOR THE
FIRST YEAR; PROVIDING FOR ANNUAL RENTAL INCREASES TO BE
DETERMINED BY THE CONSUMER PRICE INDEX AT TIME OF
CALCULATION FOR SUBSEQUENT YEARS, AT AN AMOUNT NOT TO
EXCEED A MAXIMUM ANNUAL INCREASE OF THREE PERCENT,
WITH ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE
LEASE AGREEMENT REMAINING IN EFFECT.
2.12 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN &
HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH
ILLEGALLY PLACED BILLBOARDS AND CASE OF NATIONAL ADVERTISING CO.
VS. CITY, $100,000, PLUS COSTS APPROVED BY CITY ATTORNEY; ALLOCATE
FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 02-1215
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN &
HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF
MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS
AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN
THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV -KING,
IN AN AMOUNT NOT TO EXCEED $100,000, PLUS COSTS AS
APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT
CODE NO. 515001.624401.6.661, FOR SAID SERVICES.
25 November 19, 2002
2.13 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF RONALD J. COHEN,
P.A. FOR REPRESENTATION OF OFFICER AGUSTIN CLEMENTE IN CASE OF ANGEL
ALVAREZ VS. CITY, ET AL. $25,000, PLUS COSTS APPROVED BY CITY ATTORNEY;
ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 02-1216
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF RONALD J.
COHEN, P.A. FOR THE REPRESENTATION OF OFFICER AGUSTIN
CLEMENTE IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI,
ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT
OF FLORIDA, CASE NO. 00 -2151 -CIV -JORDAN, IN THE AMOUNT OF
$25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID
SERVICES.
26 November 19, 2002
2.14 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 2 TO LEASE
AGREEMENT WITH GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE,
LLC., TO ADD SUBSECTION 6.1 (b)(x) TO PROVIDE THAT CITY WILL ENTER INTO
NEW LEASE WITH LEASEHOLD MORTGAGEE; APPROVE DELETION OF
PARAGRAPH 9(C) OF AMENDMENT NO. 1 TO LEASE AGREEMENT IN its ENTIRETY
AND NEW PARAGRAPH 9(C) IS SUBSTITUTED IN LIEU THEREOF TO CORRECT
TYPOGRAPHICAL ERROR RELATED TO SECTION 8.3(G).
RESOLUTION NO. 02-1217
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO THE LEASE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, LLC ("GROVE HARBOUR"), DATED
MARCH 12, 1999, AS AMENDED ("LEASE"), TO ADD SUBSECTIONS 6.1
(b)(x) AND 6.1 (b) (xi) TO PROVIDE CERTAIN LEASEHOLD
MORTGAGEES WITH THE RIGHT TO CURE A DEFAULT UNDER THE
STATE LEASE OR THE STATE WAIVER AND TO PROVIDE THAT THE
CITY WILL ENTER INTO A NEW LEASE WITH A LEASEHOLD
MORTGAGEE, AT THE REQUEST OF THE LEASEHOLD MORTGAGEE,
IN THE EVENT THE LEASE IS TEMINATED FOR ANY REASON; ALL
SUBJECT TO CERTAIN CONDITIONS; FURTHER APPROVING THE
DELETION OF PARAGRAPH 9(C) OF AMENDMENT NO. 1 TO THE
LEASE AGREEMENT IN ITS ENTIRETY AND A NEW PARAGRAPH 9(C)
IS SUBSTITUTED IN LIEU THEREOF TO CORRECT A TYPOGRAPHICAL
ERROR RELATED TO SECTION 8.3(g).
2.15 ACCEPT REPORT FROM CIVIL SERVICE BOARD. (See #6).
MOTION NO. 02-1218
A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD.
2.16 ACCEPT REPORT FROM MANAGER REGARDING Commission DIRECTIVES.
MOTION NO. 02-1219
A MOTION ACCEPTING A REPORT FROM THE CITY MANAGER
REGARDING COMMISSION DIRECTIVES.
Chairman Regalado: Before we go on --
Commissioner Teele: Mr. Chairman, I just want to say one thing. Mr. Manager, Chip or -- our
Special events -- we have a soccer day in here for January the 18, at the --
27 November 19, 2002
Commissioner Gonzalez: Orange Bowl.
Commissioner Teele: -- Orange Bowl, and I'm all in favor of this, but I would like to see the
composition of the group because I think, you know, on one hand, there is one group of people in
this town that come out for soccer big time, and they have a lot of difficulty, for a lot of valid
reasons, getting access to the Orange Bowl, financially, and otherwise, and I really do think that
we ought to have a little bit more efforts to outreach into the Haitian community, to give them an
opportunity to promote events as well, and I realize we've had several promoters that have had
several difficulties, but I do think, if we're going to do this, we ought to do it in a way that we
reach out to all of the communities. That was item number CA -9, I believe, but -- I mean, it's a
good idea. It's a good thing. Mr. Chairman --
Vice Chairman Winton: But a directive from whoever's dealing with these folks to reach out is,
I think, a very appropriate directive, so --
Commissioner Teele: Sure, but see, they'll reach out to try to get people to come, but the --
Vice Chairman Winton: OK.
Commissioner Teele: But the idea is to let some people also be promoted.
3. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY;
AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT
WITH RONALD L. BOOK, P.A., FOR STATE GOVERNMENT LOBBYING AND
CONSULTING SERVICES; ALLOCATE $285,000, PLUS $25,000 FOR EXPENSES
APPROVED BY MANAGER.
Commissioner Teele: Mr. Chairman, with your permission, I would like to move Supplemental
Item Number 1, to get it out of the way. That's the one that's a supplemental item that was just
passed out. The Manager's recommendation --
Commissioner Gonzalez: Second.
Commissioner Teele: -- to continue the -- our legislative team. I apologize, Commissioner.
With your permission, I'd like to move this. This is a -- the Manager just passed it out,
supplemental agenda.
Vice Chairman Winton: Have I seen it?
Chairman Regalado: It's the -- approving and confirming --
Commissioner Teele: Approving and confirming the City's Manager's finding of an emergency;
authorizing the City Manager to execute professional services in substantially the same form for
Ronald L. Book for governmental lobbying and consultant services. I wish we could say
"governmental representation services," from November 1 to October 31 --
28 November 19, 2002
Vice Chairman Winton: Second.
Commissioner Teele: -- as set forth under the terms.
Vice Chairman Winton: I'll second the motion.
Chairman Regalado: OK. We have a motion and a second. It needs a four -fifth. All in favor,
say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1220
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF
AN EMERGENCY; AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH RONALD L. BOOK, P.A., FOR STATE
GOVERNMENT LOBBYING AND CONSULTING SERVICES FROM
NOVEMBER 1, 2002 TO OCTOBER 31, 2003, AS SET FORTH UNDER THE
TERMS AND CONDITIONS OF THE AGREEMENT; ALLOCATING
FUNDS, IN AN AMOUNT NOT TO EXCEED $285,000, PLUS $25,000 FOR
EXPENSES AS APPROVED BY THE CITY MANAGER, FROM ACCOUNT
CODE NO. 0100.920216.6340.27019, FOR SAID SERVICES.
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.
Chairman Regalado: Mr. Mayor?
29 November 19, 2002
Commissioner Teele: And can we pull up the legislative agenda? Because I know that that's
something that --
4. PROCLAMATION TO ADORA OBI NWEZE IN RECOGNITION OF SERVICE TO
COMMUNITY RELATIONS BOARD. (See #1).
Chairman Regalado: Mr. Mayor.
Commissioner Teele: And could we pull up the legislative agenda, because --
Chairman Regalado: Wait.
Commissioner Teele: -- I know that that's something that --
Chairman Regalado: Wait just one second. Before we go on, we have a proclamation here
signed by the Mayor, and it's a person that the City of Miami owes a lot. Five years ago, this
lady came to City Hall, and she tried to explain the way the Community Relations Board worked
in the County, and since that visit, we met with her several times, and it was because of her that
we brought legislation to create the Community Relations Board. It's been five years. The
Community Relations Board is now a very vibrant department, and we will have a report about
the role --
Commissioner Teele: She's here?
Chairman Regalado: -- that they had -- she's here -- that they have in the election, so it is with
great pleasure that we want to honor Adora Obi Nweze. Adora, would you come up here,
please?
(APPLAUSE)
Commissioner Teele: Adora wears many hats, Mr. Chairman. In addition, she's the state
president of the Florida Conference of Branches of the NAACP (National Association for
Advancement of Colored People), having served as the chairman of the Dade -- Miami -Dade
County NACP [sic], having served for many, many years as a soldier for justice. Come right
around, Adora.
Chairman Regalado: Are there any other members of the CRB (Community Relations Board)?
Sam, I can't see you, so -- Mr. Mayor, you have here the chairperson, Linda Romero, members
of the Community Relations Board; the Coordinator, Ada Rojas.
Ada Rojas: I really cannot find the words to describe the honor that I'm sharing today in front of
this lady that I've known for over 10 years. I have had the honor to be in the Dade County
Community Relations Board with Adora Obi Nweze. She was my chairperson then, and in my
heart, she's still my chairperson. Adora, you had the initiate, five years ago, to come in front of
this Commission and try to relay your vision of fostering mutual understanding, which is not
very easy nowadays, but you had the vision, and you had the endurance, and you came here, and
30 November 19, 2002
you made us all realize that the City of Miami did need a Community Relations Board. For that,
I am personally, totally indebted to you, and I will continue to work with you, and I pledge to
continue to work with Dade County, and congratulations on behalf of all of us.
(APPLAUSE)
Chairman Regalado: Linda.
Linda Romero: Good morning, everyone. I personally would like to thank you for bringing your
vision into reality, and committing us to serve, not only the City of Miami elected officials, but
the constituents, the people who make up this great City, and we hope to bring it together and
work continuously on the City's behalf and the citizens' behalf. Thank you very much.
Adora Obi Nweze: Thank you very much, Mr. Mayor, members of this august body. I'd like to,
first of all, give honor to Commissioners Regalado and Teele. They were the ones who I had to
convince first, and everybody knows that was not an easy task, but once they got on board, it was
smooth sailing, and I am so proud of you as a City. I am proud when I read that you work very
hard to maintain diversity and definite to sponsor ethnic, religious, and cultural harmony in this
City. I'm proud of that, and with me this morning, I have the executive director, Dr. Larry Cap,
from the Miami -Dade Commission. We are still working hard. Community Relations Board,
we're trying to be promoted, as you can see, but we are indeed honored to be here. We look
forward to working with your Community Relations Board. One of the things that we want to do
in our overall City is to have every municipality -- and we solicit your support -- encouraging
every municipality to have its own Community Relations Board. Nobody can address the
problems of a municipality other than the people who live there. It's very important. Nobody
from outside can answer your questions or solve your problems, so we want to encourage that, so
throughout Miami -Dade County, we can all work together jointly to ensure that this county be
number one in the country. Thank you, again, Commissioners and Mr. Mayor, and it is my
privilege to be with you always.
(APPLAUSE)
Chairman Regalado: Thank you.
5. DIRECT MANAGER, CITY CLERK AND CITY ATTORNEY TO WORK TOGETHER
WITH NET OFFICE AND COMMUNITY RELATIONS BOARD TO DEFINE PROBLEM OF
ILLOGICAL PRECINCT LOCATIONS, DISTRICT BY DISTRICT AND PRECINCT BY
PRECINCT, AND MAKE RECOMMENDATIONS FOR NEW PRECINCT LOCATIONS;
MANAGER TO BRING BACK REPORT TO COMMISSION WITHIN 120 DAYS.
Chairman Regalado: While we are on this item, I understand Ms. Rojas and Linda had a brief
report on the elections. Is that -- do you wish to do that now?
Linda Romero: Yes, sir.
Commissioner Teele: On the what?
31 November 19, 2002
Chairman Regalado: On the role that the Community Relations Board had at elections
November 5, elections that they did visit more than 20 polling places, so good morning again.
Ms. Romero: Good morning, sir. I would like to thank the Commissioners for entrusting the
Board with this responsibility, and we started, I think, around six, some of us started earlier, and
we worked until the poles closed that day. We had seven board members conduct informal
survey, as mandated by a resolution passed on October 29. We visited 19 precincts and five
districts. We fell one precinct short and that was in Commissioner Gonzalez' District. There's
two parts to the document. This is a draft because I broke my number one rule, never proofread
your own work, and I found some mistakes this morning. On November 5, I'm not sure about
you all, but I slept well that night, but I was certainly afraid to listen to the news, because I
wasn't sure of how the elections were going to go. I know the County and the City put a
tremendous amount of manpower, womanpower, money, resources into it. The Police
Department became involved in it and Miami -Dade County police. We had outside observers.
We, again, was the focus of the media around the world. The survey contained ten questions that
were based on the basic voting rights of every citizen in this country, and the use of the new
Ivotronics machine to vote as well. The first of the document is a brief letter that kind of outlines
why we got to this point, and some additional problems that we did not cover on the survey, such
as at St. Dominic's church, they had a fair there in the parking lot. I guess that's a yearly thing,
and that might be kind of hard to deal with, but elderly voters had to leave without voting
because there was not parking available. Some signage problems. On page two of the letter to
the City Manager's office, there's an interesting information there, where I went through each
precinct and seen how many registered voters there were and how many actually voted, and I'm
sure on the news you heard that the voter turnout was very low, and only one precinct, and that
was in Commissioner Regalado's precinct, at St. Michael's church, where actually half of the
registered voters voted, so the figures there are rather low. I included that as well just for your
information. There are some other glitches in Commissioner Gonzalez' District. In precinct
589, for instance, they only had 36 registered voters and 14 of those voted, and I was at that
precinct, and as the community center, Curtis Park Community House, and there's two additional
precinct numbers there, so maybe -- I know Commissioner Teele had made a recommendation or
a resolution or amendment to the resolution, that we look at the boundaries within the City, so
that might be something you all want to look at, where they added additional precincts and it
may not be as sufficient. The survey itself had ten questions, and I'll just go over it really quick.
We surveyed approximately 212 people across the districts and the first question where you
registered to vote, out of 212, 211 were; only one person was not, and he was in the wrong
precinct. The number two, did the voter ID (Identification) card have the correct written
information on it? Out of 212, 206 cards were correct; of the six cards that were not correct, it
was partially the voters, where they moved and didn't change their address, or the precinct
number changed to the redistricting. Was there someone that could assist you in the language of
choice? Because if you remember from the primary elections, language was part of the
problems, and people being able to vote. Out of the 212 people surveyed, 43 required no
assistance, which basically meant that they could speak to someone who could help them in their
own language, and 161 people found there was someone that could assist them. It was Spanish,
Creole, and of course, in some districts, English as well. Number four, were you able to vote?
Out of the 200 we surveyed, only 191 answered this question, but I'm going to assume that 211
32 November 19, 2002
were able to vote; only one person could not vote, because they were at the wrong precinct and
had to go find the right precinct. Did you ask for and receive assistance, because that was
another problem at the poles, that there was improperly trained poll workers. Out of 212 voters,
104 did not ask for assistance, and 102 did ask for assistance and received it. Six did not receive
the assistance they requested, which is a follow-up question to number 6, and basically the
instructions, 95 percent -- I mean, 95 of those voters needed instructions to work the machines;
four were literacy problems, they could not read, so they needed someone to read to them; one
was physically disabled and had to be helped to the front of the line, and I believe Ms. Rojas had
to get two chairs for two elderly ladies to sit while they were waiting in line to get to the
machines. Number 7 was, were you given another option to cast, because that was another
problem. If a machine broke down, there wasn't a machine to take a place. That did not occur
this time. There was plenty of machines, even if they were broken down. There was only one
district where that happened, and they were -- it prolonged the wait. I think they had about 20
minutes to wait to vote, which is the next question, of course. How long did you have to wait?
And it was anywhere from no waiting time at all to the longest, which was 40 minutes, and even
at the end of the day, in some of the precincts, there was only like a 20 -minute wait. The survey
question, which we all waited for, how did they like the voting machines? Out of the 212 people
that were surveyed, 29 had no opinion, 127of them liked the machines, and 27 wants the -- what
is it? -- punch card, so I'm going to make the -- I'm going to submit this to you all. If you see
any mistakes that were made that I missed, and get the corrected copy back to the City
Manager's office, so that he can distribute. Thank you very much. Any questions?
Commissioner Teele: Well, let me again thank you and your team. I realize, getting up at 5:30,
6 in the morning -- you're actually there around 6:30, so that's a tremendous sacrifice, and we're
grateful. One of the concerns that I have, though, and I think it's been directed to the Clerk and
the Manager. I don't know if you all are participating in that exercise -- is that the boundaries,
not the City boundaries -- you kept talking about the boundaries -- the boundaries for the
precincts are, in some cases, very illogical in the City, and I think a large portion of this has to do
with trying to find a suitable location for a precinct. Commissioner Regalado pointed out that
there appeared to be an elderly home where a precinct was --
Ms. Romero: Correct.
Commissioner Teele: -- located, but the people in the elderly home were not in that precinct.
Did you all find that to be?
Ms. Romero: I believe that was in the Department of Justice report and -- which -- one of the
instrumental things to bring them in here, and I don't know if that was corrected during this
elections or not.
Chairman Regalado: No, it wasn't. No, it was not.
Ms. Romero: Yeah, but that is some of the problems and excuse me, if I kept saying City, but I
did mean in the district -- the precinct boundaries, I think, needs to be looked at for
(UNINTELLIGIBLE) --
33 November 19, 2002
Commissioner Teele: Yeah, but this is my concern --
Ms. Romero: Yes, sir.
Commissioner Teele: -- who is going to look at this if we don't? I mean, I realize we don't have
the power to change it, but we need to look at this and not keep pointing the finger to somebody
else to do it. Somewhere, Mr. Manager, Madam Clerk, Mr. Attorney, there needs to be a -- I
mean, between the NET (Neighborhood Enhancement Team) process, between the Community
Relations Board, between the Office of the City Attorney, the Office of the Clerk, and the Office
of the Manager, somewhere somebody ought to put together a working group and go through
this, because we know better than the Supervisor of Elections what worked. I can tell you that I
go about three miles now across 11th Street, across 20th Street, in an area that is west of 17th
Avenue. I live on -- right off of 7th Avenue, west of 17th Avenue, crossing 12th Avenue to go
vote, and that just doesn't make sense. I mean, the Orange Bowl would be ten times closer from
where I live and where the people in the Spring Garden area live, to go vote as opposed to the
wonderful school that we're going to, and I realize, you know, that there are a number of
situations where people are going all over and traversing the City to vote, this doesn't make
sense, and you're not going to have voter turnout if you've got to, you know, meander your way
around the City to vote. Now, as the Supervisor of the Elections looks at this thing -- it may
make sense you know, if you're a crow flying straight, but if you're a human being on the
ground, driving around, it doesn't make sense, so we need to -- coming out of this, we don't just
need to do some reports, we need to do a follow-up action, and Mr. Manager, I guess, you know,
or Madam Clerk, somewhere along the line, we ought to convene something and look at this
district by district, precinct by precinct, and, you know, involve the NET offices, because the
NET offices will know better what works, but there's got to be a series of precincts that are just
misaligned.
Chairman Regalado: And Commissioner, I think it's important that we follow up with a letter of
the City Attorney to the U.S. Attorney in South Florida on the issue of that particular case, but I
think it's a good idea to take that report in pieces, and have the Community Relations Board and
the City Attorney and the City Manager work, and we can deliver this to the County through our
Dade -- Miami -Dade Commissioners of the different area. Commissioner Jimmy Morales said
that he was going to look into that particular case, where people in the building cannot vote in
the same precinct, but they have to travel like 20 blocks and --
Commissioner Teele: And these are elderly people.
Ms. Romero: Yes, yes.
Chairman Regalado: -- and disabled.
Ms. Romero: Yes.
Chairman Regalado: And disabled.
34 November 19, 2002
Chairman Regalado: That is why it is perceived to be a Civil Rights violation, so maybe we can
-- maybe if you want to entertain something in terms of the Community Relations Board, the
coordinator and the members and City Attorney to work with the Manager to define those
problems that they found, and bring a report so we can bring it directly to the City Clerk, to the
Supervisor of Elections.
Commissioner Teele: I would so move, Mr. Chairman, not to exceed 120 days to have the report
back before the Commission, and I say 120 days because December is a hard -- December and
January are two hard months to --
Chairman Regalado: Right. OK. We have a motion and a second.
Commissioner Teele: That's for the Manager's Office, in coordination with the City Attorney,
the City Clerk, and the Community Relations Board to develop and research and review all of
the precincts of the City, and to make specific recommendations of new precinct locations.
We're not talking about redesigning precincts now. We're talking about where --
Chairman Regalado: Places.
Commissioner Teele: -- the places where they vote; is that fair, Mr. Manager? You understood?
Carlos Gimenez (City Manager): Yes, sir.
Chairman Regalado: Yes.
Commissioner Teele: I would so move.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02- 1221
A MOTION DIRECTING THE CITY MANAGER, CITY CLERK AND CITY
ATTORNEY TO WORK TOGETHER WITH THE NET OFFICE AND THE
COMMUNITY RELATIONS BOARD TO DEFINE THE PROBLEM OF
ILLOGICAL PRECINCT LOCATIONS, DISTRICT BY DISTRICT AND
PRECINCT BY PRECINCT, AND MAKE RECOMMENDATIONS FOR NEW
PRECINCT LOCATIONS; FURTHER DIRECTING THE MANAGER TO
BRING BACK A REPORT TO THE COMMISSION WITHIN 120 DAYS;
FURTHER INSTRUCTING THE CITY CLERK TO SUBMIT A COPY OF
SAID REPORT TO THE MIAMI-DADE COUNTY SUPERVISOR OF
ELECTIONS.
35 November 19, 2002
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: Thank you. Thank you very much.
Ms. Romero: OK. One more thing, before I leave, I would like to thank the City for providing
staff, Ms. Ada Rojas, from the office of Community Relations, and Commissioner Sanchez
office for providing staff and his office, Ms. Teresa Zorilla-Clarke, and Mr. Wheeler, who is a
director of the NET offices, for providing safe, courteous transportation for us to go to the
districts. Thank you very much.
Chairman Regalado: Thank you.
6. DIRECT CIVIL SERVICE BOARD LIAISON TO MEET WITH VICE CHAIR WINTON
TO GO OVER MONTHLY CIVIL SERVICE BOARD REPORTS (See #2.15).
Chairman Regalado: OK. Personal appearances.
Vice Chairman Winton: Mr. Chairman, could I ask a question before we get there?
Chairman Regalado: Yes, sir.
Vice Chairman Winton: We have this Civil Service Board report in our -- that we'd asked for.
Who prepares this, Mr. Manager, do you know?
Carlos A. Gimenez (City Manager): Should be the executive secretary of the Civil Service
Board.
Vice Chairman Winton: Is that person here?
Mr. Gimenez: I'm not sure.
Vice Chairman Winton: I don't remember where it is, but it doesn't do anything that I asked it to
do. I mean, this is meaningless, so --
Chairman Regalado: It was in consent agenda. It was in the consent agenda.
36 November 19, 2002
Vice Chairman Winton: Is that where it is? I forget where it is. I just pulled it out, so it doesn't
tell me anything, and that's why I want to --
Chairman Regalado: You want --
Vice Chairman Winton: -- talk to whoever, it is so I can help --
Chairman Regalado: Yes. Here she is, if you want to ask --
Vice Chairman Winton: Hi. You and I can -- we don't have to do this from the podium, so can
you and I get together before I get out of here today, and I'd like to sit and show you how I'd like
to revise this form?
Diane Laurent: OK, fine.
Vice Chairman Winton: Thanks.
Ms. Laurent: All right.
Chairman Regalado: You're welcome.
7. AUTHORIZE MANAGER TO WAIVE FEES FOR CITY SERVICES ASSOCIATED WITH
KING MANGO STRUT EVENT SCHEDULED FOR DECEMBER 29, 2002, SUBJECT TO
ORGANIZER PROVIDING CERTIFICATE OF PROOF STATING THAT THEY ARE NOT-
FOR-PROFIT GROUP; APPROVE RECOMMENDATIONS OF COCONUT GROVE
MARKETING COMMITTEE THAT CITY REIMBURSE COMMITTEE $600 IN ORDER
FOR COMMITTEE TO MARKET ITSELF ON POSTERS OF KING MANGO STRUT
EVENT. (See #9).
Chairman Regalado: OK. Personal appearances. Antoinette Baldwin. Antoinette is director of
King Mango Strut. The waiver of fees for City services. The King Mango Strut event is
scheduled for December 29, 2002. Let me -- is she here? She's here. Let me just say, first of
all, before you, Commissioners, and especially Vice Chairman Winton, it's your district,
Antoinette has been before the Coconut Grove Marketing Committee, and this year --
Commissioner Sanchez: What are we on?
Chairman Regalado: Personal appearances. Personal appearances number two, Antoinette --
Commissioner Sanchez: Are we on the King Mango Strut?
Chairman Regalado: Yes, sir.
Commissioner Sanchez: OK.
37 November 19, 2002
Chairman Regalado: OK. Let me just say that this year, the Coconut Grove Marketing
Committee has taken a more active role, in terms of promoting every event, and King Mango is
the biggest event in Coconut Grove, so what the Committee did was to, of course, suggest to the
City Commission that we waive the fees, but also the amount that is to be paid to the Committee
that will be reimbursed by the City to the Committee, so we can market with the merchants t -
shirts and posters, so I just want to say that, but I'll let you explain, Ms. Baldwin. I just wanted
to make sure that the members of the Commission understood what we were doing here.
Commissioner Sanchez: Mr. Chairman, before we do that, I just have one question. I think the
last time --last year there was an issue reference the 501(c). Are they now a 501(c) nonprofit?
Antoinette Baldwin: Not yet.
Vice Chairman Winton: I thought you all had --
Commissioner Sanchez: Well, I could tell you right now --
Ms. Baldwin: We're still -- we are not-for-profit.
Commissioner Sanchez: But this --
Vice Chairman Winton: But just --
Commissioner Sanchez: -- last year the issue was brought up and it was stated on the record --
and we can go back and look through the minutes -- that said you were working on it, you would
come back in front of us as a 501(c) non -for-profit organization.
Ms. Baldwin: Well, I can tell you, we're not a 501(c)3.
Chairman Regalado: Your name and address, please, before you address the Board.
Ms. Baldwin: It's Antoinette Baldwin and I live at 1600 South Bayshore Lane, Coconut Grove.
Commissioner Teele: Ms. Baldwin, I understand the difference between being not for profit, but
you are a Florida corporation not-for-profit?
Ms. Baldwin: Yes, sir. Yes, sir.
Commissioner Teele: OK, so you meet the not-for-profit standard. Now, 501(c)3 is a tax code
designation.
Ms. Baldwin: That's correct.
Commissioner Teele: That comes from the IRS (Internal Revenue Service).
Ms. Baldwin: That's correct.
38 November 19, 2002
Commissioner Teele: OK, so I think a lot of times we assume that if you're not 501(c)3, you're
not not-for-profit. Not-for-profit or for-profit is a designation made by the Secretary of State,
based upon the corporate filings. Now, are you filed as a for-profit company or a not-for-profit
company?
Ms. Baldwin: Not-for-profit.
Commissioner Teele: So you are not-for-profit?
Ms. Baldwin: We are not-for-profit.
Commissioner Teele: Now, what has been the delay in filing for the tax-exempt status?
Ms. Baldwin: Getting somebody to do it, to donate the services. You need CPAs (Certified
Public Accountants), attorneys. You have to file a paper about two, three inches thick.
Commissioner Teele: You mean, all of the talent in the King Mango Strut --
Ms. Baldwin: All of the talent, can't get one.
Commissioner Teele: -- all creative talent. Well, there was a lot of artists creative --
Chairman Regalado: Well, artists are dreamers, so -- well, you --
Vice Chairman Winton: Well, Arthur, you made a distinction that, frankly, I wasn't aware of. I
didn't realize that the -- because we were very concerned last year, and I said it, and Joe said it,
and I'm in complete agreement with him that without the not-for-profit status, that we simply
couldn't do this, but I didn't realize that the State had its own designation that designates a
company as a not-for-profit entity, and as far as I'm concerned, that satisfies the requirement. I
would feel a lot better if --
Commissioner Teele: The 501(c)3 is a tax code designation issued by the Treasury Department,
the IRS, for entities that receive favorable --
Ms. Baldwin: Favorable contributions.
Commissioner Teele: -- tax treatment and exemption on certain -- I would assume certain sales
tax, certain -- it says that they're a scientific, educational or charitable organization that is tax --
that qualifies as tax exempt. A lot of times organizations don't qualify as tax exempt because
they may try to influence public policy, but they are still not for profit. The difference is, is
anybody in the organization able to benefit financially? And the answer under Florida law
would be no, especially after -- what was that case where the lady collected all the money for her
son?
Alejandro Vilarello (City Attorney): Desilla's.
39 November 19, 2002
Commissioner Teele: After the Desilla's case, so they're supposed to make a filing, the
Secretary of State, and everybody can do that. I just think you all ought to go ahead and do it
because you obviously are frustrating a vast majority of the Commission. I think King Mango
Strut is one of the better things that happens in Miami.
Vice Chairman Winton: And the City Attorney's also clarifying something. He has pointed out
that last year when they filed, they were a for-profit corporation --
Ms. Baldwin: No, we weren't.
Vice Chairman Winton: -- and they have changed to the not-for-profit state corporation. Was it
two years ago?
Ms. Baldwin: No.
Mr. Vilarello: It was a representation to the City Commission --
Vice Chairman Winton: Yeah, that's what you all had told us.
Ms. Baldwin: No, no. We have never been for profit.
Vice Chairman Winton: Well, I'm just telling you what you're representative told us. I have no
way of knowing, so we don't make it up.
Commissioner Teele: But do we have a copy of their not-for-profit?
Ms. Baldwin: I can provide them. They're all Florida not-for-profit.
Chairman Regalado: And --
Vice Chairman Winton: So -- I'm sorry.
Chairman Regalado: -- you know, in behalf of them, the problem that they have is that they want
to be so independent that they do not wish to seek outside --
Commissioner Teele: They're really anarchists. That's what they really are.
Chairman Regalado: Right, and they don't want to seek outside help, and that is why they don't
want -- they don't need the 501, but they are. They went before the Coconut Grove Marketing
Committee as a non -for-profit, and as a non -for-profit, the guidelines were accepted and so --
Vice Chairman Winton: And it's a great parade, so I would --
Ms. Baldwin: No. We accept free help.
40 November 19, 2002
Vice Chairman Winton: Accept free help, yeah.
Ms. Baldwin: Free help.
Vice Chairman Winton: I would move that we provide the same --
Commissioner Teele: Second.
Vice Chairman Winton: -- benefits that we provide everybody else, subject to Antoinette
bringing us the --
Commissioner Teele: Not-for-profit certificate of the State of Florida.
Vice Chairman Winton: Right, from the State. So moved.
Chairman Regalado: OK. Would you amend the motion also to include all the
recommendations of the Coconut Grove Marketing Committee, which are not only --
Vice Chairman Winton: Yeah, I'm afraid I wasn't listening well, so I'm sorry.
Chairman Regalado: That the Committee will be reimbursed by the City six hundred and some
dollars, in order for the Committee to add and piggyback on the posters, so the merchants of the
Grove can distribute posters free to the clients after the Mango event.
Vice Chairman Winton: $600 you said?
Chairman Regalado: Yes, sir.
Vice Chairman Winton: Yeah, I'll accept it.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: Thank you.
Ms. Baldwin: Thanks. Thank you.
41 November 19, 2002
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1222
A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES FOR
CITY SERVICES ASSOCIATED WITH THE KING MANGO STRUT EVENT
SCHEDULED FOR DECEMBER 29, 2002, SUBJECT TO THE ORGANIZER
PROVIDING A CERTIFICATE OF PROOF STATING THAT THEY ARE A
NOT-FOR-PROFIT GROUP; FURTHER APPROVING THE
RECOMMENDATIONS OF THE COCONUT GROVE MARKETING
COMMITTEE THAT THE CITY REIMBURSE THE COMMITTEE AN
AMOUNT NOT TO EXCEED $600 IN ORDER FOR THE COMMITTEE TO
MARKET ITSELF ON THE POSTERS OF THE KING MANGO STRUT
EVENT.
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.
8. DEFER PROPOSED REQUEST BY EXECUTIVE DIRECTOR OF WASHINGTON
MUTUAL COCONUT GROVE ARTS FESTIVAL FOR IN-KIND SERVICES, FEE
WAIVERS; AND APPROVAL OF SALE OF ALCOHOLIC BEVERAGES, TO
COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 12, 2002.
Chairman Regalado: Well, we have the major event in Coconut Grove, the Coconut Grove Art
Festival, Carol Romine.
Vice Chairman Winton: We're deferring that, Mr. Chairman.
Chairman Regalado: OK.
Commissioner Teele: Second.
Chairman Regalado: Motion to defer. All in favor, say "aye."
42 November 19, 2002
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1223
A MOTION TO DEFER PROPOSED REQUEST BY EXECUTIVE
DIRECTOR OF THE WASHINGTON MUTUAL COCONUT GROVE ARTS
FESTIVAL FOR THE FOLLOWING: (1) REQUEST FOR IN-KIND
SERVICES; (2) REQUEST FOR FEE WAIVERS FOR ALL PERMITS,
EQUIPMENT COSTS AND ADMINISTRATIVE FEES; AND (3) APPROVAL
OF THE SALE OF ALCOHOLIC BEVERAGES, TO THE COMMISSION
MEETING CURRENTLY SCHEDULED FOR DECEMBER 12, 2002.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: The Mayor wanted to discuss the Miami River Urban Infill Plan in the
afternoon. Then Mr. Sam Moore --
Vice Chairman Winton: I think that's been deferred also.
Chairman Regalado: Yeah, on the 12th. He'll be back on the 12th. Then -- what is -- Frank?
9. AUTHORIZE ADDITIONAL $800 TO KING MANGO STRUT EVENT SCHEDULED
FOR DECEMBER 29, 2002 FOR TOTAL OF $1,331.25 (See #7).
Carlos Gimenez (City Manager): Mr. Chairman, we need to go back to the item on the King
Mango Strut. There is, apparently, an error in the dollar amount, so we need to make an
amendment.
Frank Rollason (Assistant City Manager): Right. I'm looking at the --
Commissioner Teele: All of our $50,000?
43 November 19, 2002
Mr. Rollason: -- memo, and it shows here that the reimbursement to the -- for the Special Events
and Marketing Committee is $1,331.25, not $600.
Commissioner Sanchez: Well, we passed $600.
Mr. Rollason: I understand. I just wanted to make you aware the Chairman had said, do we go
along with the recommendation of the Committee, and this is what is in here.
Chairman Regalado: Well, I forgot about that. I thought it was 685.
Mr. Rollason: This is the first I've seen of it and there's a conflict. If you want us to come back
with this or something, I mean, to try to rectify what the difference --
Commissioner Teele: You mean come back for $500?
Mr. Rollason: Well, I'm saying this memo is 1,331.25.
Commissioner Teele: Then why don't we allow a motion to add an additional $600 -- five
hundred and whatever it is dollars, for a total not to exceed -- is it 1,100 or 1,300?
Commissioner Regalado: 1,300, he says.
Mr. Rollason: 1300.
Chairman Regalado: I thought it was 685.
Vice Chairman Winton: What's the number, Frank?
Mr. Rollason: The memo I'm looking at says $1,331.25.
Commissioner Sanchez: Add $800 to it.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1224
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE
KING MANGO STRUT EVENT SCHEDULED FOR DECEMBER 29, 2002;
AUTHORIZING AN ADDITIONAL ALLOCATION OF AN AMOUNT NOT
TO EXCEED $800 FOR SAID EVENT, CONDITIONED UPON THE
ORGANIZER PROVIDING A CERTIFICATE OF PROOF STATING THAT
THE ORGANIZATION IS DESIGNATED AS "NOT-FOR-PROFIT".
44 November 19, 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.
Commissioner Teele: That motion adds $800 to the reimbursement of the King Mango Strut.
Chairman Regalado: Thank you. OK. Commissioner Gonzalez, any items on --
Commissioner Gonzalez: No, sir.
Chairman Regalado: Commissioner -- Vice Chairman Winton?
Vice Chairman Winton: It seems like I have something, yes. Frank, would you get
(UNINTELLIGIBLE) --
Commissioner Teele: 25,000.
10. DIRECT MANAGER AND CITY ATTORNEY TO WORK WITH DEVELOPER OF
ADOPT -A -STORM DRAIN PROGRAM TO DETERMINE WHETHER OR NOT PILOT
PROGRAM CAN BE ESTABLISHED IN CITY AND COME BACK WITHIN 90 DAYS
WITH RECOMMENDATION.
Commissioner Gonzalez: Mr. Chairman.
Vice Chairman Winton: Could you -- I'll come back to mine in just a second.
Commissioner Gonzalez: Mr. Chairman.
Commissioner Teele: Angel.
Chairman Regalado: I'm sorry?
Commissioner Teele: Angel.
Commissioner Gonzalez: Are we deferring all the citywide now? Are they all going to be
deferred for the afternoon?
45 November 19, 2002
Commissioner Teele: You're talking about --
Chairman Regalado: The Mayor --
Commissioner Gonzalez: The Mayor's items.
Chairman Regalado: No. I forgot that the Mayor couldn't get on the blue page a presentation --
Commissioner Teele: He's here.
Chairman Regalado: -- that he wants to make now. So, Johnny, would you give us --
Vice Chairman Winton: Would I do what?
Chairman Regalado: Can the Mayor do a presentation now? I think he has --
Vice Chairman Winton: Sure.
Chairman Regalado: -- some visitors from out of town.
Vice Chairman Winton: Absolutely.
Chairman Regalado: Where is he?
Vice Chairman Winton: Is he here?
Chairman Regalado: I don't see him. I can't see.
Vice Chairman Winton: Mr. Mayor -- I see. He just walked through that flash of light.
Mayor Manny Diaz: Thank you, Mr. Chairman. One of the benefits to participating in
organizations like the U.S. Conference of Mayors is that you learn what other mayors around the
country are doing to improve their cities. I know that I spoke to Commissioner Sanchez
yesterday, and he was telling me how much he appreciates representing the City on the League
of Cities, and the ideas that he derives from attending those meetings. One of the ideas that
recently came to my attention, which I'm recommending to you -- and we have a person here, as
you indicated, that has flown in from California -- is a concept that has started in California.
And, in fact, it's only in California right now. And the program is called Adopt -A -Storm Drain.
And, essentially, it is a program that Paul will describe to you, but it's geared at providing cities
with a source of revenue to deal with one of the biggest problems that all of us face around the
country, which is environmental problems in our waterways, be they lakes, rivers, creeks. We
know that we certainly have some of those problems in our own City. And this program was
designed to help cities by creating an awareness in the community with the citizenry to be
environmentally sensitive with our waterways and with our basins. And they have a very strong
educational program, which gets out to the community and tells them to stop throwing things in
46 November 19, 2002
the basins, to stop using certain chemicals, and so forth, which pollute our waters. So it's a
strong educational program, and at the same time, it creates funding where cities would
otherwise not have funding to comply with the many regulations that we have from the federal
and state governments. So I highly recommend this program, and I'd like to ask Paul Polizzotto
to come up and describe it in a little more detail. We would be the first city, outside of
California, that adopts such a program, and again, I think after you hear Paul's presentation, I
think you'll agree with me that it's something that we should adopt.
Paul Polizzotto: Thank you for that introduction, Mayor Diaz. Commissioners, thank you for
having me today. My name is Paul Polizzotto, and I'm with the Environmental Communication
Corporation. And as Mayor Diaz described, we have two programs in California that are helping
cities and counties throughout the state measurably improve water quality and comply with the
new more stringent storm water laws being imposed on cities and counties throughout California
by the federal government. We have -- the Federal Clean Water Act goes back to 1972 that calls
for our state and national waterways to be safe for swimming and fishing. And, unfortunately, to
this day, 40 percent of our state and national waterways are on an impaired list. In the year 2000,
we had a doubling in our beach closures in the United States. We've got a situation with the
Federal Clean Water Act that's an unfunded federal mandate. We're in a situation in the state of
California where the state is faced with huge deficits. So we've created a public/private
partnership where corporations and communities and governments have come together to help
solve the program, and we're doing this at no pressure on the taxpayer. Adopt -A -Storm Drain
has signage -- low-key attractive signage on streets throughout the state of California that are,
first and foremost, educational. They're done very tastefully. I was asked to speak before the
Regional Water Quality Control Board about two years ago when this idea -- when I presented
this idea to the Regional Water Quality Control Board in Los Angeles. And when I was asked to
speak, it was a very contentious day for Los Angeles, because they were voting on the trash
TMDL, which is a Total Maximum Daily Loads, on about 90 different pollutants that will be
controlled into Santa Monica Bay, which is off of Los Angeles. And for advocacy groups,
they're pushing the Regional Board to impose these rules. And for cities and counties, they're
saying, "We're going to be straddled with costs that we simply can't bear." And so, I introduced
this idea as a way for cities and counties to make progress, without putting additional burden on
the taxpayer. That room that day was very, very enthusiastic in the way they embraced the
program. But in that room were Public Works people, who were very, very aware of the expense
of the problem, the kinds of things that needed to happen to make improvement. So there were
really three fundamental issues that we had to resolve to make sure that this concept would work
if practiced. And that first fundamental hurdle was, would City councils, would County boards
of supervisors be prepared to give up the public right-of-way for education and low-key
advertising to help fund the problem? And I'm happy to say that cities as small as Hermosa
Beach of some 15,000 people to cities as large as Long Beach of half a million people have
implemented the program. And tonight, our program goes before the City of Los Angeles, the
largest city, of course, in California. So cities and counties were prepared to give up tasteful use
of the public right-of-way. The second fundamental issue we had to clear was would
corporations want to be associated with the issue? And they have. We have sponsors in
California that range from Fortune 500 sponsors, like Chevron, Texaco, TRW, Boeing. And
also, we have two-thirds of the businesses that support these programs are small businesses;
realtors, law firms, restaurants, car dealerships, et cetera. So, corporations have supported the
47 November 19, 2002
programs. Third and finally, the question was, would communities support these programs? I
grew up in a very small beach community where there are no signs of any kind. No thirty feet
billboards. No bus shelters. And so, when we designed this program, we have that mindset in
mind. How do we design signs that this community, the community I grew up in, would
embrace? And we did that successfully. We designed very attractive, visually stimulating signs
that were educational. And, to this day, we are in some of the most affluent communities in this
country. One of our cities, Malibu, where the median price of a home is well over a million
dollars. So, we've proven that this community -- this program will work in communities that are
small and large and tremendously affluent because of the impact that we're having on
measurably improving water quality. The way our program works is we bring in corporations,
and 50 percent of the funding that comes from the advertising goes directly to the city for
implementing storm water and urban run-off pollution prevention programs. In addition to
providing funding, we provide very critical education that let's the community know the ways
that all of us in our homes, in our businesses, can have our own individual impact on improving
water quality. And, in addition, in my discussions with Mayor Diaz, I believe he has a
wonderful idea for Miami in ways of integrating designs that would reflect the various
communities in Miami, the Haitian and Cuban communities, and give it a look and a feel that
would be acceptable to the various communities here in the Miami area. So I think that would
make the program more successful, both for the communities, and more attractive for the
business sponsors. So, in California, we have a program that's been well accepted and supported
by the leading advocacy groups. We won the 2002 Keep Reward from the Santa Monica Bay
keeper for the work that we're doing to clean up Santa Monica Bay. We're supported by all the
regulatory and policy-making bodies with the EPA (Environmental Protection Agency), the
Regional Water Quality Control Boards, businesses, and governments. So we've brought all the
various stakeholders together, stakeholders that were once fighting it out in courtrooms in
California and not making progress. And what we've brought is a public/private partnership that
has no cost or no risk to the taxpayer, and measurably improves water quality. And we would be
honored to have Miami be the first city outside of California to implement our program. It
would make a strong strategic statement for our company that, one, this works outside of
California, on the Atlantic coast. It works on the Pacific coast. It works on the Atlantic coast. It
would be a major success for us. So I appreciate the opportunity to speak before you today.
Chairman Regalado: Thank you.
Mr. Polizzotto: Thank you.
Chairman Regalado: Mayor, do you have --
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: I would move that the City Manager and City Attorney work with the
offerer and see if a pilot permit or document could be drafted within 120 days. Wait a minute,
Carlos. You're smiling too much.
48 November 19, 2002
Carlos Gimenez (City Manager): It sounds good to me.
Commissioner Teele: What about --
Commissioner Sanchez: What about 90 days?
Commissioner Teele: What about 45 days?
Mr. Gimenez: That's not so good.
Chairman Regalado: How about less than two weeks?
Commissioner Teele: Let's see if, within the next 90 days, the Manager and the Attorney can
work with the offerer and determine whether or not a pilot program could be initiated, and to
come back with legislation if you deem it appropriate, Mr. Manager. I would so move.
Commissioner Sanchez: Second.
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. 02-1225
A MOTION DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO
WORK WITH THE DEVELOPER OF THE ADOPT -A -STORM DRAIN
PROGRAM TO DETERMINE WHETHER OR NOT A PILOT PROGRAM
CAN BE ESTABLISHED IN THE CITY AND COME BACK WITHIN THE
NEXT 90 DAYS WITH A RECOMMENDATION.
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.
49 November 19, 2002
Chairman Regalado: Thank you. Thank you.
11. APPROVE PLACEMENT OF BANNERS ON LIGHT POLES ALONG: N.W. 17TH
AVENUE; N.W. 12TH AVENUE; N.W. 22" AVENUE; N.W. 27TH AVENUE; N.W. 11TH
STREET; N.W. 20TH STREET; N.W. 28TH STREET AND N.W. NORTH RIVER DRIVE.
Chairman Regalado: Mr. Aundra Wallace, the Miami -Dade Empowerment Zone Trust. This is
also on the Mayor's citywide.
Commissioner Teele: Why is --
Commissioner Gonzalez: I'll move item C from the Mayor's office.
Chairman Regalado: OK. We have a motion.
Commissioner Teele: Second.
Vice Chairman Winton: Second.
Commissioner Teele: Why is -- (UNINTELLIGIBLE) Mr. Flowers? Charles Flowers, what are
you doing down there with those people? Ernie Martin, you guys are all over there in Allapattah
now, huh?
Commissioner Sanchez: They're everywhere.
Charles Flowers: We're all over, sir.
Commissioner Sanchez: There you go.
Commissioner Gonzalez: Empowerment zone. Power.
Vice Chairman Winton: Is that a gator?
Commissioner Gonzalez: Yeah.
Vice Chairman Winton: A gator? You (UNINTELLIGIBLE) have a cane, an ibis, or something.
A gator? What's up with the --
Unidentified Speaker: (UNINTELLIGIBLE) an alligator.
Vice Chairman Winton: Oh, darn.
Commissioner Sanchez: All right.
Vice Chairman Winton: Well, just so it's not -- just so there's no orange on the window --
50 November 19, 2002
Commissioner Sanchez: Well, that's a pretty Allapattah.
Vice Chairman Winton: -- there can be no orange or blue.
Mr. Flowers: Mr. Winton, in Florida, we do have alligators, you know.
Vice Chairman Winton: Yeah, but we have to be careful how we use them.
Mariano Cruz: And we got -- today, it's only (UNINTELLIGIBLE).
Vice Chairman Winton: I'll accept the alligator just so there's no orange --
Commissioner Sanchez: Orange or blue.
Vice Chairman Winton: -- or blue on them.
Commissioner Teele: OK, Mr. Chairman, call the question.
Carlos Gimenez (City Manager): It can be green and orange, though.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 02-1226
A MOTION APPROVING PLACEMENT OF BANNERS ON LIGHT POLES
ALONG THE FOLLOWING STREETS: N.W. 17TH AVENUE; N.W. 12TH
AVENUE; N.W. 22" AVENUE; N.W. 27TH AVENUE; N.W. 11TH STREET;
N.W. 20TH STREET; N.W. 28TH STREET AND N.W. NORTH RIVER DRIVE.
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.
51 November 19, 2002
Chairman Regalado: Thank you.
Unidentified Speaker: Thank you.
Commissioner Gonzalez: Thank you, thank you.
Mr. Flowers: Thank you, sir.
12. AUTHORIZE AND DIRECT ALLOCATION OF $25,000 FROM HOMELAND
SECURITY AND NEIGHBORHOOD IMPROVEMENT BOND FUNDS FOR
DEVELOPMENT AND PRESERVATION OF GREENWAY ADJACENT TO MIAMI
CIRCLE ALONG MIAMI RIVER.
Chairman Regalado: Mr. Vice Chair Winton --
Vice Chairman Winton: Yes, sir.
Chairman Regalado: -- you have a --
Vice Chairman Winton: I'm ready now. And we have a motion, by resolution, to allocate
twenty-five thousand dollars ($25,000) from our Homeland Security Neighborhood
Improvement Bond Issue.
Commissioner Teele: Second the motion.
Vice Chairman Winton: And the really good thing about this, there's a hundred thousand dollar
($100,000) match coming from the Florida Department of Environmental Protection in
Recreational Trails Program. So, so moved and --
Commissioner Teele: Mr. Chairman.
Chairman Regalado: We have a motion and a second --
Commissioner Gonzalez: Second.
Chairman Regalado: -- by Commissioner Teele.
Commissioner Teele: To the Manager and the Attorney, I just got this legislation and this is
identical -- this -- Mr. Attorney, I'm really directing this at you. This is my greatest fear: That
we will bring forth legislation like this. And I would appeal to you, Mr. Manager and Mr.
Attorney. We need to go back and we need to document our ordinance. We need to have line
numbers and paragraph numbers and subparagraph numbers. We need to go back and re -adopt
that Homeland Bond so that where money is coming from is very, very clear. Now, I've read
this legislation three times, and I'm not finding fault with the legislation. What I'm finding fault
with is the authorizing legislation. The underlying legislation, we need to have chapter, verse on
52 November 19, 2002
every element of this, because you don't know where this twenty-five thousand dollars ($25,000)
is coming from. Now, we know right now because Johnny Winton's sitting here, the lawyer that
draft it up, and somebody else maybe in Public Works knows, but in four years, in three years,
when the institutional member has been erased, we don't know. And I -- if I'm wrong, then
correct me. But my greatest fear on this Homeland Bond stuff -- because I went through this
with the previous Manager, where we were very clear. We said, don't do this, don't do this, and
then it got down to it, it had been done, then it got into a name-calling situation. "I'm not a
crook." So, I want to be very, very clear. This legislation needs to be really reworked, and we
need to have a paragraph number, a subparagraph number, an alphabet, a line number, et cetera,
so that when we're saying we're going to spend twenty-five thousand dollars ($25,0000), we're
taking it from line item number such and such, category number such and such, which leaves a
balance of such and such; otherwise, we're going to get into some trouble here.
Vice Chairman Winton: And I think you're 100 percent right. And what we ought to have every
time we do one of these expenditures is a schedule. It's one page. It shows what every line item
is on the bond thing that we had. It has a column. The first column is the original amount of
money, the second column is the amount expended, and the third column is the amount
remaining, line item by line item. That can be done on one single page that's attached to every
one of these (INAUDIBLE).
Commissioner Teele: Johnny, I 100 percent agree and -- I mean, I -- again, it's not about this
legislation.
Vice Chairman Winton: I understand. You're right, though.
Commissioner Teele: It's about the underlying legislation needs to be re -adopted. We need to
go through this and draft line items and paragraph numbers, et cetera, so that there can be no
confusion, because otherwise it's going to be extremely misleading.
Vice Chairman Winton: Piece of cake.
Alejandro Vilarello (City Attorney): These -- this resolution and these kinds of resolutions are in
the nature of directives.
Commissioner Teele: I understand that, Alex.
Mr. Vilarello: And ultimately have to be --
Commissioner Teele: But it needs to direct from somewhere.
Mr. Vilarello: So, this resolution does not indicate where it would be coming from. So, if you
want to add that information on the directing resolution --
Commissioner Teele: Well, it's got to come from somewhere; otherwise -- I mean --
53 November 19, 2002
Vice Chairman Winton: Yeah. And we shouldn't -- your point is absolutely perfect. And we
really shouldn't -- and you gave me credit for something I don't deserve. I should have looked at
that ahead of time. I didn't make that determination because -- and I believe very strongly in that
kind of documentation. So, I didn't do a good job there, so -- but it's easy. I mean, this is an
easy thing to do.
Commissioner Teele: It's easy because we're at the beginning of this process. And, see, I went
through this with Community Development dollars, where they spent the better part of two years
trying to go back and line up. And it's not like something's being done wrong. It's just that
we're not documenting everything going through the process.
Carlos Gimenez (City Manager): Commissioner, as part of the organization of the Capital
Improvements Projects Department, the right thing would be for it to go to that department, who
will then identify the funding source and bring it back around so that even on a directive like
this, you will not be overspending the amount of dollars that -- because, in effect, the theory
could be that we could be directed to spend a zillion dollars and we only have two hundred and
fifty million before we come back to you and for appropriations. So, I think it's a sound policy
and we'll institute it.
Chairman Regalado: OK. We have a motion and --
Commissioner Teele: By the way, where is the money coming from? By the way.
Vice Chairman Winton: Some line item. I don't know.
Mr. Gimenez: We will identify the line item. We'll come back to you.
Commissioner Teele: I mean, the Commissioner could take it from the quality -- he's got a
quality of life -- I would assume that it's coming from his -- the quality of life line item in
District --
Mr. Gimenez: Well, he directed us to take it from the quality of life of District 5 for some
reason. I don't understand. You're not OK with that, I presume.
Vice Chairman Winton: And I'm no even sure where -- you know, this is along the Miami
River. I'm not sure where this money's being spent. I don't know if it's in District 2 or District
-- you know, any one of the three districts that run along the river. So, the key here, in my mind,
was that we get a hundred thousand dollar ($100,000) match. I don't -- so, if it has to -- if it's in
Joe's part of the river, I don't care if it comes out of mine. We get a hundred thousand dollar
($100,000) match. That's what this is all about.
Mr. Gimenez: This says it's supposed to be adjacent to the Miami Circle.
Vice Chairman Winton: Oh, OK.
Commissioner Teele: It's next to the Miami Circle, I know.
54 November 19, 2002
Vice Chairman Winton: So, it should (INAUDIBLE) -- right.
Mr. Gimenez: Yeah. That's District 2. So, we will take it out of there. We'll find the
appropriate line item and bring it back to you.
Chairman Regalado: All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Winton, who moved its adoption:
RESOLUTION NO. 02-1227
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
AND DIRECTING THE ALLOCATION OF FUNDS, FROM THE
HOMELAND SECURITY AND NEIGHBORHOOD IMPROVEMENT BOND
FUNDS, IN THE AMOUNT OF $25,000, TO THE MIAMI RIVER
COMMISSION FOR DEVELOPMENT OF THE GREENWAY ADJACENT TO
THE MIAMI CIRCLE ALONG THE MIAMI RIVER.
(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.
13. DISCUSSION REGARDING FUNDING FOR THE FEC (FLORIDA EAST COAST
RAILWAY) CORRIDOR STRATEGIC REDEVELOPMENT PLAN.
Chairman Regalado: Anything else?
Vice Chairman Winton: Yes, sir, I have one more thing. Mr. Manager, this is an item of some
degree of frustration for me, but, one, you're my friend; and, two, you're leaving. So I find it
harder to be really frustrated, as I would be if you were staying. And that is that the Commission
adopted the FEC (Florida East Coast) Corridor Redevelopment Plan last year. And we adopted
that plan before there was any consideration to a bond issue. And as a part of the adoption of the
55 November 19, 2002
plan, we had a series of resolutions that were implementing pieces of the plan so that we
wouldn't have spent all that money on a plan that would go on a shelf. So we spent a lot of time
crafting resolutions that would be the implementing pieces of a plan that we spent a lot of money
on, and a lot of time on. And we provided a directive to the City Manager to find eight hundred
and seventy-five thousand dollars ($875,000), which is the amount earmarked for the
implementation phases to get the plan going. That was before the bond thing. That was also
before we did this year's budget. So when we did this year's budget, I know that at one point,
there wasn't anything in there. Then you found a line item -- you found the eight hundred and
seventy-five thousand dollars ($875,000), but we subsequently determined that you couldn't use
the eight hundred and seventy-five thousand dollars ($875,000), because it was all CDBG
(Community Development Block Grant) money. And so there was a new directive from the
Commission -- I think we found three seventy-five -- a new directive from the Commission to
find the other half a million dollars. And I remember a directive that this Commission passed,
probably two or three months ago that said -- well, two months ago -- that said next meeting,
come back with the next five hundred thousand dollars ($500,000). I still haven't seen that. And
our inability to find that money is delaying our ability to implement the plan. Now, as you all
know, in this plan, one of the things that's going on -- and this was a direct result, fellow
Commissioners, a direct result of this whole planning effort is that an objective that many
citizens in the City of Miami have had that are in particularly Commissioner Teele's district and
my district, for the last 15 or 20 years has been to get rid of the -- on the Buena Vista site, that
55 -acre site up there -- to get all of those damn containers off that site that the port was doing,
which was very, very damaging to the whole neighborhood. Well, as a direct result of this
planning effort, and some darned good timing -- because everything in life is about timing --
those two forces came together that has led to the railroad making an absolute decision to sell
that site to a private developer. The private developer is working on a plan as we speak, and
we're anticipating that that site will close. That site will close the first or second week in
December. That 55 acres, which is not on our tax roll today at anything -- I'm not sure if it's on
at all. And if it is, it's -- because it's railroad -owned property, it's a meaningless number.
Commissioner Teele: It's Green Belt, (INAUDIBLE) Green Belt.
Vice Chairman Winton: So it will go on our tax rolls as real money. And the developer plans on
developing a magnificent project there. That was all a result of this whole planning effort. And
so the point I want to make is that if we found that other five hundred thousand, if the Manager
would get that other five hundred, that allows us to move forward with some of the other
implementation phases that I'm telling you are going to lead directly to additional development.
And as you all know, as we get new development, the -- all of the fees that come from tenants,
all the fees that come from business owners, the permits, all those kinds of things run -- and the
real estate taxes as it grows -- all goes into the general fund. And so this is another one of those
cases where we make a minor investment that we've all directed the Manager to find the money
for anyhow, is going to absolutely lead to some rapid redevelopment in that neighborhood that is
fabulous for the whole City. So.
Carlos Gimenez (City Manager): Commissioner.
Vice Chairman Winton: Yes, sir.
56 November 19, 2002
Mr. Gimenez: I believe that I can get you the money fairly quickly. You may not like the
answer of where I'm getting it from, though.
Vice Chairman Winton: Yeah, I won't, because it's one more of those issues where it's going to
come out of my bond money. Well, the directive that this body gave you before we were even
talking about bonds was to find that money. It wasn't to get it out of my bond money.
Mr. Gimenez: Yeah, but you're asking me to find money, and I'm doing the best I can. If it
can't be found, I'm giving you an alternative. So I think we need to talk in private as to, you
know, how we can get this thing done. It's not that I'm -- I'm not trying to stall you or anything.
I'd like to do it. We looked for different alternatives, and we're just coming up empty as we turn
from one place to another. So there is an alternative. We can get this thing going. The money is
available.
Vice Chairman Winton: So we could potentially do a borrowing of the bond money.
Mr. Gimenez: Well, I just asked that of the City Attorney, is that possible to go ahead and front
the bond money, and then if we can find other sources, pay it back, and he's going to give me an
answer.
Vice Chairman Winton: In next year's budget.
Mr. Gimenez: Yes, sir.
Vice Chairman Winton: Yeah. I mean, I would do that.
Commissioner Teele: Where is the money coming from?
Vice Chairman Winton: He's suggesting that it come out of my bond allocation. You know,
we've already got a lot of -- But I said to him, if there's some commitment that they will find the
money, as we had directed a year ago, somewhere out of the general fund or somewhere else, for
next year's budget, I'm happy to take it out of my bond allocation and move forward, if that will
cause it to move forward.
Mr. Gimenez: Commissioner, it's not basically your -- it's the FEC Corridor allocation.
Vice Chairman Winton: Oh, I understand that, which part of that district is mine and part of it
Commissioner Teele's.
Mr. Gimenez: Right. Correct.
Vice Chairman Winton: But whether it's out of his bond money or my -- the point is still the
same. It shouldn't be out of our bond proceeds, because that wasn't the original directive.
57 November 19, 2002
Commissioner Teele: How much of the bond (INAUDIBLE) -- the bond proceeds for specific
projects are not out of your allocation or anyone's allocation. It's out of the project's allocation.
It's Citywide --
Mr. Gimenez: Correct.
Commissioner Teele: -- in that regard. So it's not coming out of your quality of life, et cetera.
And in all fairness -- Well, how much is in the FEC Corridor?
Mr. Gimenez: I believe the total allocation was three million. Bob?
(INAUDIBLE)
Mr. Gimenez: And, Bob, how much was allocated for the first emission of the bonds that we got
for FEC Corridor?
Vice Chairman Winton: By the way, Commissioner Teele, the three million --
Commissioner Teele: Johnny, how are you -- do you know how that five hundred thousand is
going to be spent?
Vice Chairman Winton: Yes. Yes. We had eight resolutions. Each of those resolutions had a
specific task with a specific amount of money tied to it.
Commissioner Teele: Is it planning and architectural design and that?
Vice Chairman Winton: Some of it's planning. Some of it's architectural design. Some of it's
transportation. There was a housing component. There was a study we needed to do to figure
out if we needed to create some other mechanism to finance infrastructure improvement to make
that happen. I mean, the different kinds of things, I don't remember all of them right now, but I
could certainly bring them back to get that answer. And let me make another point about the
three million FEC allocation. That three million FEC allocation is not a citywide allocation. It's
directly out of my allocation, the whole three million, the FEC Corridor, Johnny Winton line
item, District 2, just so you understand that.
Mr. Gimenez: He's right about that.
Commissioner Teele: Does the FEC run through any other district?
Mr. Gimenez: Yes, it does. Bob, how much is allocated out of --
Vice Chairman Winton: And I didn't quarrel about that, because it's great for our City.
Mr. Gimenez: Bob.
58 November 19, 2002
Robert Nachlinger (Assistant City Manager): Bob Nachlinger, Assistant City Manager. The
total project for the FEC Corridor is ten million dollars ($10,000,000) out of the two hundred and
fifty-five million dollar ($255,000,000) bond issue.
Commissioner Teele: It's ten million?
Mr. Nachlinger: Ten million. And there currently is three million that's been appropriated out
of that ten million dollar ($10,000,000) total allocation.
Commissioner Teele: It's ten million dollars ($10,000,000)?
Mr. Nachlinger: In total, of which three million has been appropriated.
Commissioner Teele: That was -- my recollection, it was five or seven.
Mr. Gimenez: Yeah, I didn't think it was ten, either. But --
Vice Chairman Winton: Mine was three. That's my recollection.
Commissioner Teele: But my point was the FEC has a lot of money earmarked to it.
Commissioner Sanchez: We're in the millions.
Commissioner Teele: Is that five hundred thousand, coming from that as an interim source, is
that satisfactory to you, Commissioner?
Mr. Gimenez: Well, that's what I asked the City Attorney, if it's possible, and then we'd come
back and replace it, if that's acceptable. But that way, we can move forward with the project
without --
Commissioner Teele: Well, the legislation should show as an advance, and it may or may not
ever be reimbursed.
Vice Chairman Winton: And in terms of what's happened to me so far with this whole deal, I'm
sure that it's not going to be reimbursed, because the memories are short.
Commissioner Teele: That's why you want legislation.
Vice Chairman Winton: Live and learn, baby. I learned a lot in this last 18 months.
Commissioner Teele: Have we confirmed it's ten million?
Vice Chairman Winton: We're working on it as we speak.
Dena Bianchino (Assistant City Manager): Commissioner, it's ten million --
59 November 19, 2002
Vice Chairman Winton: I'm confirming from my office.
Ms. Bianchino: -- for the FEC Corridor/slash/Design District.
Commissioner Teele: Slash, what?
Vice Chairman Winton: Design District. It's a whole thing. I mean, it's from -- it's all along
the corridor, from I-95 to the railroad tracks, from I-395 to the northern -- to the City line is a
whole study area, so. And all this first three million was absolutely, unequivocally District 2
allocation.
Chairman Regalado: OK. We're done.
14. DIRECT ADMINISTRATION TO SCHEDULE PUBLIC HEARING AT DECEMBER 12,
2002 COMMISSION MEETING, CONCERNING RECONCILIATION OF LAST 4 YEARS'
DISTRICT 5 COMMUNITY DEVELOPMENT FUNDS.
Vice Chairman Winton: If the Manager would come --
Commissioner Teele: Mr. Chairman, do you want to proceed with your items?
Chairman Regalado: Commissioner Sanchez is in line. Commissioner Teele.
Commissioner Teele: Yes. Mr. Chairman, like Commissioner Winton and Mr. Manager, I've
asked, for three meetings now, that we reconcile the Community Development District 5
allocations, and I'm asking that this item be put on the agenda for a public hearing at the next
meeting, and I'm asking for a reconciliation over the last four years relating to the District 5 CD
(Community Development) because there are a number of issues in which we have asked that
dollars be set aside for facade, when we didn't do the facade. There was a special account in the
last public hearing, and I think it's really important that we get these accounts reconciled, so as
my District 5 item, I'm asking that, as a pubic hearing item, a full reconciliation and public
hearing be done, and that I have the opportunity to meet with you, Mr. Manager, within the next
five days so that we can have this done in an orderly manner.
Carlos A. Gimenez (City Manager): Yes, sir.
Chairman Regalado: OK.
Vice Chairman Winton: As a matter of fact, did we vote on this, on my blue sheet item?
Chairman Regalado: Yes, we did.
Vice Chairman Winton: OK, thank you.
Chairman Regalado: It passed. It had a motion and a second and it passed. Commissioner
Sanchez, anything on your blue page you want to do?
60 November 19, 2002
15. DISCUSSION CONCERNING AN UPDATE ON THE ASSISTANCE BEING PROVIDED
TO EMPLOYEES WHO ARE NOT FLUENT IN ENGLISH AND SEEKING PROMOTIONS.
Chairman Regalado: Vice Chairman, could you chair, so I can do the blue pages? He's gone.
Commissioner Sanchez: All right, go ahead. You have the floor.
Chairman Regalado: OK. Thank you very much. There are several items. We have -- I need to
clarify something on the Living Wage Ordinance, and I believe that the numbers that were
provided were not exactly those numbers. And I just want to -- for the record, not do anything
today, but just clarify the numbers. Ms. Jones.
Renee Jones: Renee Jones, Department of Human Resources. At the last meeting, we did
discuss the living wage. And the numbers that were provided were the total costs for part-time
employees, and that ranged from two to three million dollars ($3,000,000).
Chairman Regalado: Right. But these were not all year, is that correct?
Ms. Jones: Pardon me?
Chairman Regalado: These people do not work the whole year.
Ms. Jones: Those were the part-timers that do, in fact, work year round, yes.
Chairman Regalado: OK. Of the temporary, those who do only work during the summer, for
instance?
Ms. Jones: We didn't' include those in that particular analysis.
Chairman Regalado: OK. We are going to ask the Manager to give us a more detailed report.
Thank you. Thank you.
16. DIRECT ADMINISTRATION TO RESEARCH WHETHER OR NOT WRITTEN EXAMS
TO CITY EMPLOYEES WERE EVER GIVEN IN SPANISH.
Chairman Regalado: You want to stay because I still have -- I need to get an update on the
assistance being provided to employees who are not fluent in English, and seeking promotions.
You did send a memo through the Manager that you do provide assistance to these persons.
What kind of assistance?
Renee Jones: The most recent assistance is in the form of training classes for our part-time and
temporary employees. We're assisting them on the application process, and these training
classes are provided in both Spanish and Creole.
Chairman Regalado: OK. Are the exams in English or in Spanish?
61 November 19, 2002
Ms. Jones: Pardon me?
Chairman Regalado: The examinations, the written examinations, English or Spanish?
Ms. Jones: The written exams are in English.
Chairman Regalado: Did the City used to have written exams in Spanish?
Ms. Jones: Not to my knowledge, sir, no.
Chairman Regalado: You're sure? Not --
Ms. Jones: I can research it, but as far as I know, the exams have always been in English.
Chairman Regalado: My understanding is that there was, several years ago, in Spanish, but --
would you do that?
Ms. Jones: Definitely.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: Are we suggesting that exams should be in Spanish, in Creole, and other
languages, other than English?
Chairman Regalado: Yes, sir. Because you know, what I'm suggesting is, when you vote, which
is your most precious right, you're allowed to vote in English, Spanish, or Creole. Now,
according to the United Nations Human Rights Declaration, number one is the right to life,
number two is the right to work, number three is the right to vote, so I'm suggesting that we
should accommodate people who are not fluent, and who would have to be very uncomfortable
doing this, and who will be judged not for their skills, but for their knowledge of the language.
Commissioner Teele: Mr. Chairman, I think -- I know for a fact, and as a matter of law, the
Voting Rights Act, which is 1960's legislation and has evolved, has a whole body of law
associated with it, and it has a unique and constitutional character framed out of the 13th and 14th
amendments to the Constitution, and it goes all the way back to an era of slavery, and the black
codes, and all of that. To impute the Voting Rights Act into a testing standard, I think is a major
leap, and let me tell you the problem. If you give this test in any language other than English,
you have just opened a major 14th amendment issue for anybody, forget Creole speaking for a
moment; let's go to Portuguese speaking, Brazilians. I mean, you can create, in my judgment,
one of the biggest scenes that this City has had since we got into these police examinations,
which we still haven't been able to figure out how we get out of that. I am not against it. I'm
not against giving a test in more than one language, if that is the sense of the majority, but I will
tell you this, if you give it in one language, you've got to give it in every language to anybody,
62 November 19, 2002
from Vietnamese -- if they're Vietnamese people who come in and take -- who want to take the
test. You cannot discriminate against somebody because they don't speak Spanish or Creole,
and so I'm just saying it on the record. I think we need to think this policy through before we go
into this, because if you offer a test in more than one language, anyone who takes that test has
got an equal right to demand that the test be offered in their language, and the way you avoid that
is you offer it in one language, and that is language -- the official language of the state and the
country, and I realize that has a negative connotation, and I was opposed to those official
language referendums back ten years ago, and against them now, because I think there should be
flexibilities, but I am very, very concerned if we begin to offer language in Spanish and Creole,
that you must offer it in French. Because let me tell you this, the language of Haiti is not Creole;
it is French, OK? And the language of Brazil is not Spanish or French or Creole; it's Portuguese,
and then you've got dialects. You've got Creole dialects in Portuguese, so I don't want to be the
person who is suggesting that we don't want to do it. What I'm suggesting is, if we do it, we've
got to do it in every language of anybody who takes the test. Otherwise, I think you do raise
some really very, very interesting issues.
Vice Chairman Winton: Commissioner Regalado.
Chairman Regalado: Yes, sir. You want to -- let me say, I don't mean to create a mess. I think -
- I just think that we need to be fair, and I have reason to believe -- I really don't want to do this
in public, but I do have -- I am a reporter and I gather information, and I have -- I'm troubled by
the reports of non-native not getting promotions because of not being fluent in English in
positions in the City where there's no need to do that, but --
Commissioner Teele: Then let's attack that.
Chairman Regalado: And that is what I am attacking.
Commissioner Teele: But let's attack that --
Chairman Regalado: That is what I'm attacking.
Commissioner Teele: And you'll have, I think, unanimity if we attack that, that someone should
not be penalized because their English is not as fluent --
Vice Chairman Winton: In a department where it's not required.
Commissioner Teele: -- in a department where it's not required.
Commissioner Gonzalez: And that is exactly what is happening. That is exactly -- you know,
we are requiring that a guy be -- has a Master's degree or a Ph.D. (Doctorate in Philosophy) in
language to pick up garbage, you know, or to do -- or to sweep the floor. I mean, you know --
Commissioner Teele: But I think --
Vice Chairman Winton: So --
63 November 19, 2002
Commissioner Teele: -- it's a matter of policy, Mr. Chairman and Commissioner Gonzalez.
Ms. Jones: Commissioners, I would just like to share that even though the --
Commissioner Winton: And you are who?
Ms. Jones: Renee Jones -- even though the exams are in English, we do have flexibility in our
interview process. For example, with our waste collectors, we have conducted the interview
process simultaneously in English, Spanish, and Creole. There's another incident where in the
stables for the Police department, we've also used sign language, so we do have flexibility in our
interview process based on the job.
Vice Chairman Winton: So --
Chairman Regalado: OK. I am going to bring to this Commission some specific cases, without
names, but -- and then we'll see and we'll discuss this on November the 12. Thank you very
much.
17. DIRECT ADMINISTRATION TO REQUEST SOUTH FLORIDA WORKFORCE BOARD
TO COME BEFORE COMMISSION ON DECEMBER 12, 2002, TO EXPLAIN WHY
SABER, INC., WAS ELIMINATED FROM OPERATING ONE-STOP CENTER IN WEST
LITTLE HAVANA AND NOT CONSOLIDATED WITH YOUTH -CO-OP, INC.
Vice Chairman Winton: OK. You have another issue --
Chairman Regalado: Yes, sir.
Vice Chairman Winton: -- Mr. Chairman?
Chairman Regalado: Yes, sir, I have a resolution of the City Commission requesting the South
Florida Work Force to reconsider its decision to cancel funding for the One Stop Center located
in West Little Havana, and to stay proceedings for the consolidation of the one stop center
located in the City of Miami, Hialeah, and Miami Beach. The reason --
Commissioner Teele: Second the motion.
Chairman Regalado: -- I'm doing this is because there have been some trouble information
regarding the SABER (Spanish American Basic Education Rehabilitation, Inc.) future and we're
talking of disenfranchising the West Little Havana Flagami area of the workforce, so this is why
although this is -- has no legal force, it's just a recommendation to the workforce to consider this,
so that will be the motion.
Vice Chairman Winton: But I thought that --
Commissioner Teele: Second the motion, Mr. Chairman.
64 November 19, 2002
Vice Chairman Winton: We have a motion and a second. Discussion. I thought they were
moving -- consolidating into a location that's at 27th and 8th or --
Chairman Regalado: They are not consolidating, that is the problem. They misinformed us.
They are not consolidating. They are just moving one program. The other program is being
eliminated in the next three months. SABER is gone.
Vice Chairman Winton: Well, but -- well, I don't know. I don't understand, so -- I don't
understand what you're saying. I know what I know. I know what -- I know I had a series of
meetings and the series of meetings that I had with them don't seem to match what you're saying
here, so I don't know --
Chairman Regalado: Because you were given wrong information.
Vice Chairman Winton: Well, tell me specifically what wrong information I was given.
Chairman Regalado: They told you that they were going to consolidate SABER and Youth Co -
Op in One Stop Center in Southwest 27th Avenue and Southwest 8th Street.
Vice Chairman Winton: Right.
Chairman Regalado: I think it's a huge center --
Vice Chairman Winton: That's correct.
Chairman Regalado: -- cost a million dollar to --
Vice Chairman: Right.
Chairman Regalado: -- install. The truth is that they're only moving Youth Co -Op. SABER
was told that they have to move to Hialeah, which they accepted, but when they got to Hialeah,
they found out that the contract in the building ends in 90 days, and there will be no more
contract, no more funds for that program, so in 90 days time, SABER, the whole program, 34
people in that program, and attending more than 10,000 residents of the West Little Havana, in a
year will cease to exist. Now, Youth Co -Op, which also attends, takes care of thousands of
people, would have to take on the load of SABER and Youth Co-op, so they did not consolidate;
they eliminate one program, which is SABER.
Vice Chairman Winton: Then I would like to modify your resolution and -- or maybe we'll do a
second resolution, because I would like to have come before us Harriet Spivak, is that her name,
the executive director of South Florida Workforce Development?
Dena Bianchino (Assistant City Manager): Yes, sir.
65 November 19, 2002
Vice Chairman Winton: I would like Harriet Spivak to come before this Commission, at our
very next Commission meeting, and explain on the record what has actually happened and how
this is different --
Chairman Regalado: I think it'd be great. You know what? That's a very good idea, but Dena
knows about it.
Commissioner Teele: But before they come, don't we have people that we appointed? Don't we
have City staff? Didn't we go through this before?
Vice Chairman Winton: Right, and Dena's our --
Ms. Bianchino: Yeah.
Commissioner Teele: Who is the representative of the City?
Chairman Regalado: Dena.
Commissioner Teele: Step forward.
Vice Chairman Winton: Well, I'm officially the representative on the Board.
Chairman Regalado: Yeah, but -- but Dena is.
Vice Chairman Winton: But Dena is our principal representative for me.
Chairman Regalado: Dena, am I right on this one?
Ms. Bianchino: Yes, sir. The SABER -- there was a challenge -- SABER had initially won the
bid for the Little Havana program. There was a challenge and Youth Co -Op received the bid,
and as you stated, SABER was moved to Hialeah, which program, as we understand it, is ending.
SABER has filed their own protest, by the way. They have hired lawyers and that's underway,
but I think it would be appropriate to have --
Vice Chairman Winton: But the principle issue that I'm interested in here is that I was told,
unequivocally, by the three people that they brought to my conference room that day, two
months ago, or whenever that was, that the consol -- that my principle concern was the ability for
this consolidated entity to be able to reach out to our residents to get the kind of job training and
job support they needed. That was my -- that was a crucial part of this discussion, and they
assured me that they were taking all the appropriate steps necessary to make sure that our
residents could get to that facility to get the j ob training and j ob support that they needed, that we
had been expecting from the agencies that were doing the work in the past, so if now then we're
hearing that the job training and job placement part of this has disappeared entirely, that's a very,
very different issue.
66 November 19, 2002
Chairman Regalado: It is, it is, and it's troublesome because, you know, Johnny, all the West
Little Havana, the Flagami area, will be without any service.
Vice Chairman Winton: No, it's awful, it's awful. If your statement here is fact, then what they
have done is inexcusable and wrong.
Ms. Bianchino: I need to further check on this, Commissioner, because it's my understanding
that there will be a One Stop Center at 27th and 8th Street that will serve --
Chairman Regalado: There will be a -- I just said that. I explained to him, but this is not a
consolidation; they're just moving one of the two, and let me say this, the two were at maximum
capacity, so look, I wouldn't be doing this if they moved Youth Co -Op and say to the employees
of SABER, you want to come on as employees of so and so, and deal with the load of cases, fine,
but what I'm saying is, they have eliminated one of the two centers in the City of Miami.
Commissioner Teele: But what location are they eliminating, that's what I'm --
Vice Chairman Winton: I mean, I'm not (UNINTELLIGIBLE) to that.
Chairman Regalado: Flagami and West Little Havana. They have left Flagami and West Little
Havana.
Vice Chairman Winton: But that's not true, if they're on 27' and 8th
Chairman Regalado: It's not in West Little Havana.
Vice Chairman Winton: Well, I mean --
Commissioner Teele: Did they facilitate in Flagami before?
Chairman Regalado: Yes, that's what they -- that's the one they're closing.
Ms. Bianchino: But they didn't --
Chairman Regalado: My point is that, you see, they're moving one center, which is fine, to a
bigger office, which is fine, so --
Commissioner Teele: It's not fine if they're moving to an office that they're closing.
Chairman Regalado: No, no, no, no.
Ms. Bianchino: No.
Chairman Regalado: No, no. What I'm saying is, they're moving one office. OK, so the people
have to go there, although -- let me say this -- the people that go to those places are very poor
and needy people. As of now, they didn't have to pay parking if they go in their cars. On that
67 November 19, 2002
new site, they will have to pay parking $4 for two hours, but that's -- probably, people will just
walk around, but what I'm saying is, OK, they moved something in the City of Miami, in the
Little Havana -- West Little Havana, Flagami. We had two centers; now we have one center.
That's all I'm saying, and it's true.
Ms. Bianchino: And that's what their -- I mean that's a consolidation.
Vice Chairman Winton: Yeah.
Chairman Regalado: The consolidation is not consolidation; it's elimination.
Vice Chairman Winton: Well, I'm not sure that -- Commissioner Gonzalez -- I mean,
Commissioner Regalado, just in terms of what you just said, it doesn't sound like it's elimination.
It sounds like a consolidation.
Chairman Regalado: Oh, Yeah.
Vice Chairman Winton: Your words, to me, translate into consolidation, not elimination.
Commissioner Teele: I'm confused. I'm very confused. Does the management support the
resolution? I mean, the worse thing we could do is pass a resolution that we don't -- that is not --
are we getting into a bid protest now?
Chairman Regalado: No, we're not. We're just asking --
Alejandro Vilarello (City Attorney): That's not what this resolution does, no.
Chairman Regalado: We're just asking --
Commissioner Teele: That's not what Ms Bianchino said. Ms. Bianchino said that --
Ms. Bianchino: No, no --
Commissioner Teele: -- they have hired lawyers; that they have -- did you not say --
Mr. Vilarello: SABER has done that.
Ms. Bianchino: SABER has, sir, not --
Commissioner Teele: And isn't this a resolution about SABER?
Chairman Regalado: Yes.
Mr. Vilarello: This resolution asked for the Workforce to stay the proceedings, pending that
appeal; that's all this does. It doesn't pick sides regarding the appeal.
68 November 19, 2002
Commissioner Gonzalez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Gonzalez: One thing that has concerned me ever since they started with this
movement of the center to the building on 27 Avenue is that -- I don't know because I'm not
involved and, Johnny, you are the person that is designated for that committee, but it doesn't
make any sense to move Youth Co -Op. Youth Co -Op had a facility, which was very
comfortable. It had a good means of transportation, and if they were only going to have Youth
Co -Op, Youth Co -Op should have stayed where they were for I don't know how many years.
Chairman Regalado: That's basically what I'm saying, but you know, I think --
Commissioner Gonzalez: I don't know. I don't know what they're doing.
Commissioner Teele: Who was there first?
Chairman Regalado: Both.
Ms. Bianchino: They were both there.
Chairman Regalado: SABER was the original one and then Youth Co -Op, but that's not the
point. The point isn't who wasn't there; the point is that there are too many people seeking jobs,
too many people needing assistance, and we're going to dump the load of the whole City of
Miami on one agency. In the past, we had two. That is not consolidation; that's elimination.
That's what I'm trying to say. Consolidation would be to consolidate both agencies in one single
stop center and that's fine, if they want to work together, but that is why I'm asking the
Commission to support this, they may or they may not pay attention to us; they don't have to, but
-- so they know that we know that this is not consolidation. It is not. I'm telling you, I've done
my homework on this one. It is not.
Vice Chairman Winton: Commissioner, I would be more comfortable supporting this resolution
after we brought Harriet Spivak and her staff before our Commission to answer these questions
so we had a clear -- a crystal clear understanding of this, because I am -- there is a clear conflict
between the information that they gave me to my face, and what you're telling me now, and so --
Chairman Regalado: OK.
Vice Chairman Winton: -- something's haywire.
Chairman Regalado: I don't have problems in waiting; although, I think that Ms. Spivak should
be notified, if possible, as soon as tomorrow --
Vice Chairman Winton: Right.
69 November 19, 2002
Chairman Regalado: -- that there is this concern and that we need her to come before the Board
on November -- December the 12.
Vice Chairman Winton: Perfect.
Chairman Regalado: So that's --
Commissioner Teele: I would like to get a written report from the Manager, though, on where --
on this whole issue.
Chairman Regalado: He gave already a written report, but that's -- that report does not reflect
the closing of SABER after the contract ends in the building in Hialeah.
Commissioner Teele: Well, the thing that bothers me -- I mean, would like -- I think we need to
be very careful because our credibility, you only have it one time. Now, there are more than one
facility in the City of Miami. Don't we have a facility -- isn't there -- aren't there two other
facilities in the City of Miami? Isn't there one on 79th Street and Northeast 2nd Avenue? Is that
facility still open?
Ms. Bianchino: Yes, sir.
Commissioner Teele: And isn't there one right next to downtown here, somewhere?
Ms. Bianchino: Yes, sir.
Commissioner Teele: So, you know, to say that there's only one in the City --
Chairman Regalado: No, I'm talking about the Hispanic community, Art.
Commissioner Teele: Oh, OK. I just would like to see what the real picture is and what's going
on in light of what the Chairman is saying, and I'd like for that report to at least underscore a
touch of where we are. I mean, it's fine to meet with her, but -- with Harriet, with the director,
but I think we need to get our own information from our own staff first, so that we can be guided
in how we approach this. If the Chairman is prepared to pull back on it, then obviously I'm
prepared to wait, but I will tell you this, having been in the county, I can tell you there's more
here to this than meets the eye, and you know, I don't know who SABER is, and I don't know
who Youth Co -Op is, but I can tell you one thing, when this kind of stuff starts in the county,
you just start tracing the lobbyists and the contacts because I can tell you that right now. That's-
- the end of the day, this is going to be about lobbyists and contacts, and who's on whose side,
and who did that and who did this, so -- and I don't understand it and don't need to understand it
right now, Mr. Chairman, but I'm telling you, at the end of the day, you trace the lobbyists and
you'll figure this whole thing out.
Chairman Regalado: I have, and that's my problem. I have a lot of information, but anyway, I'll
wait for the next meeting to have Ms. Spivak here and -- well, the City Commission, and I think
70 November 19, 2002
it's important that she will come before on the record and say to Commissioner Winton, to us, to
everybody, what their plans and the real truth on this matter.
Vice Chairman Winton: And Dena, would you make sure she understands what the issues are
here with Commissioner Regalado, so she can come prepared to --
Ms. Bianchino: Absolutely. I would like to add one thing, Commissioner, that -- and I will
speak with her about this. It is our understanding that although the lease expires in Hialeah with
SABER, the program is not going to end there; they will have another location, and I know that's
not your issue, but I wanted to just set the record straight, that SABER is not being thrown out
after six months in Hialeah. That does not deal with Little Havana.
Chairman Regalado: Well, that's not what they told them, but anyway, that's another issue, so --
Vice Chairman Winton: Yeah.
Chairman Regalado: Thank you.
18. AUTHORIZE AND DIRECT MANAGER TO RESERVE DISTRICT 4 SURPLUS
BUDGET FUNDS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, $35,000, FOR
DISTRICT 4 NEIGHBORHOOD ENHANCEMENT PROJECTS.
Vice Chairman Winton: OK. Commissioner Regalado, you have another issue.
Chairman Regalado: Yeah. I need to go, but I have only two brief resolution. It has to do with a
surplus of my office budget, and one -- this is according to the new ordinance. One is a
resolution of the Miami City Commission authorizing and directing the City Manager to reserve
District 4 surplus budget funds for fiscal year ending September 30, 2002, in an amount not to
exceed $35,000 for District 4 Neighborhood Enhancing Projects. That's my motion.
Commissioner Teele: Second.
Vice Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor,
LL "
aye.
The Commission (Collectively): Aye.
Chairman Regalado: The second motion, Mr. Chairman --
Vice Chairman Winton: Like sign opposed. Motion carries.
71 November 19, 2002
The following resolution was introduced by Chairman Regalado, who moved for its adoption:
RESOLUTION NO. 02-1228
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
AND DIRECTING THE CITY MANAGER TO RESERVE DISTRICT 4
SURPLUS BUDGET FUNDS FOR FISCAL YEAR ENDING SEPTEMBER 30,
2002, IN AN AMOUNT NOT TO EXCEED $35,000, FOR DISTRICT 4
NEIGHBORHOOD ENHANCEMENT PROJECTS.
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
19. AUTHORIZE AND DIRECT MANAGER TO RESERVE DISTRICT 4 SURPLUS
BUDGET FUNDS FROM FISCAL YEAR ENDING SEPTEMBER 30, 2002, $10,000, TO
ASSIST WITH ESTABLISHMENT OF BAY OF PIGS MUSEUM TO BE LOCATED AT
SOUTHWEST 9TH STREET AND 19TH AVENUE.
Chairman Regalado: A resolution of the Miami City Commission authorizing and directing the
City Manager to reserve District 4 surplus budget funds from fiscal year ending September 30,
2002, in an amount not to exceed $10,000 to assist with the Bay of Pigs Museum to -- that is
located at Southwest 9th Street and 19th Avenue, in Miami, Florida, District 4. That's my motion.
Commissioner Teele: Second the motion.
Vice Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor,
LL "
aye.
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. Motion carries.
72 November 19, 2002
The following resolution was introduced by Chairman Regalado, who moved for its adoption:
RESOLUTION NO. 02-1229
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
AND DIRECTING THE CITY MANAGER TO RESERVE DISTRICT 4
SURPLUS BUDGET FUNDS FROM FISCAL YEAR ENDING
SEPTEMBER 30, 2002, IN AN AMOUNT NOT TO EXCEED $10,000, TO
ASSIST WITH THE ESTABLISHMENT OF THE BAY OF PIGS MUSEUM
TO BE LOCATED AT SOUTHWEST 9TH STREET AND 19TH AVENUE,
MIAMI, FLORIDA.
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Regalado: Thank you.
20. DIRECT MANAGER TO COME BACK WITH PROVISION IN ANNUAL BUDGET
ORDINANCE SETTING DEADLINE FOR ROLLING OVER SURPLUS FUNDS.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir. I need to leave.
Commissioner Teele: We need to get with the Manager and, I would guess, Linda. We need to
put in place that all funds that have not been earmarked by "x" number of days -- in other words,
September 30 -- and in most jurisdictions, you have to do it before the end of the year or some
period of time thereafter, but otherwise, you're going to get into a closing of the books problem,
so we probably need to say 30 days or 45 days or whatever the right period of time, and that
needs to be a part of an ordinance. Otherwise, you're going to -- you know, somebody could
come back in January and say, Oh, I found that I had another $6,000 and dah, dah, dah, dah, dah.
Carlos A. Gimenez (City Manager): You want to -- you want automatic rollover, is that what
you need?
73 November 19, 2002
Commissioner Teele: No. What we need is a provision in our budget ordinance that says any
funds that have not been earmarked or disbursed, that is, rollover funds within "x" number of
days, whether it be 30, 45, or 60 days, shall be a part of the surplus going forward. The problem
you're going to have is closing your books at some point.
Mr. Gimenez: Yeah.
Commissioner Teele: If somebody comes in here in January and says -- if I come in January and
say I had $8,000 dah, dah, dah, dah, dah -- we've got to put an end to how many days, after
September 30, that you can do that.
Mr. Gimenez: Correct.
Commissioner Teele: Otherwise, you're not going to ever be able to close it.
Mr. Gimenez: Fair enough. We'll come back.
21. ACCEPT ATTACHED MIAMI-DADE COUNTY'S CERTIFICATION AND
DECLARATION OF RESULTS OF SPECIAL MUNICIPAL ELECTION FOR CHARTER
AMENDMENT NO. 1 HELD ON NOVEMBER 5, 2002.
Commissioner Teele: I move Item number 4, Mr. Chairman.
Vice Chairman Winton: Motion on Item number 4. I need a second.
Commissioner Sanchez: Second.
Vice Chairman Winton: Got a motion and a second. Discussion. 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:
RESOLUTION NO. 02-1230
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHEMENT(S), OFFICIALLY ACCEPTING THE ATTACHED MIAMI-
DADE COUNTY'S CERTIFICATION AND DECLARATION OF THE
RESULTS OF THE SPECIAL MUNICIPAL ELECTION FOR CHARTER
AMENDMENT NO. 1 HELD ON NOVEMBER 5, 2002.
74 November 19, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Vice Chairman Winton: I'd like to make a comment about this. You know, we --
Commissioner Teele: (UNINTELLIGIBLE) butt beat.
Vice Chairman Winton: --put this on the ballot year before last; put it on the ballot just this past
year; I want to put it on the ballot again next year, and as I've told many a people out there in the
public, I've said, if you all are willing to back me, I will put it on the ballot every year, as long as
I'm here, until we get this thing passed because it's the right thing to do. Number two, we have
formed a pact. We actually formed it before this election. I just was too busy to do anything
about it. This year, I'm going to make a commitment. We're going to raise some real money for
this pact. The pact's purpose will be to educate the public on why this is an important public
policy issue that they need to look at in a very different fashion than the 70/30 way they're
currently looking at it, but I want to keep it before the public, so that said, I'm prepared to bring a
motion back in December to put this on the ballot again next November.
Commissioner Teele: You can't do it that quickly.
Vice Chairman Winton: Oh, you can't?
Alejandro Vilarello (City Attorney): There's a window, 120 days before the election, but not
sooner than 120 days before the election.
Vice Chairman Winton: Oh, OK. Well, then --
Mr. Vilarello: So it looks like (UNINTELLIGIBLE).
Vice Chairman Winton: -- remind me when that is, I'm bringing it back. Thank you.
75 November 19, 2002
22. AMEND RESOLUTION NO. 01-1074, RELATED TO DEVELOPMENT OF
AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST
CONDOMINIUM, TO (1) APPROVE NAME CHANGE FOR DEVELOPER OF PROJECT
FROM KAPUSTIN CORPORATION AND JOINT PARTNERS TO FLAGLER FIRST
CONDOMINIUM L.L.C., (2) RESTATE AUTHORIZATION FOR ALLOCATION OF
$900,000 FROM CITY'S AFFORDABLE HOUSING TRUST FUND AND $900,000, FROM
CITY'S STRATEGIC INITIATIVE RESERVE FUND, AND (3) RESTATE THAT SAID
AUTHORIZATIONS ARE CONDITIONED UPON DEVELOPER PROVIDING EVIDENCE
OF FIRM FINANCING FOR FULL PROJECT AND RECEIPT OF COMPLETE APPRAISAL
OF PROPOSED PROJECT.
Commissioner Teele: I move Item Number 5.
Vice Chairman Winton: Got a motion on 5. Need a second.
Alejandro Vilarello (City Attorney): There's a --
Commissioner Sanchez: I think 5 was --
Mr. Vilarello: There's a substitute resolution.
Vice Chairman Winton: And what specific --?
Mr. Vilarello: Modify to reflect a change of the developer.
Vice Chairman Winton: And so we're changing the name of the developer to this --
Mr. Vilarello: To Flagler First Condominiums, L.L.C.
Commissioner Teele: Well, wait a minute. I thought we were changing the name.
Vice Chairman Winton: We are.
Commissioner Teele: Are we changing the principals?
Vice Chairman Winton: No.
Mr. Vilarello: No, I believe the principals are the same. It's --
Unidentified Speaker: No. It's just a name change.
Commissioner Teele: Please answer my question. Are the principals changing?
Unidentified Speaker: No, sir.
76 November 19, 2002
Commissioner Sanchez: So moved.
Commissioner Teele: I've already moved it.
Commissioner Sanchez: Second.
Vice Chairman Winton: Yeah. We have a motion and a second. Further discussion.
Commissioner Teele: Public hearing.
Vice Chairman Winton: Oh, it's a public hearing? You know, I'm going to fail at this -- never
mind. Anybody from the public would like to comment on this issue? Being no one, we'll close
the public hearing. We have a motion and a second. Further discussion. Being none, all in
favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed. Motion carries.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1231
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 01-1074, ADOPTED OCTOBER 11, 2001, RELATED TO
THE DEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM
PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT
101 EAST FLAGLER STREET, MIAMI, FLORIDA, TO (1) APPROVE THE
ALLOCATION OF FUNDS TO FLAGLER FIRST CONDOMINIUMS, L.L.C.
AS THE DEVELOPER OF THE PROJECT RATHER THAN TO KAPUSTIN
CORPORATION AND A JOINT PARTNERSHIP, (2) RESTATE
AUTHORIZATION FOR THE ALLOCATION OF FUNDS, IN AN AMOUNT
NOT TO EXCEED $900,000 FROM THE CITY OF MIAMI AFFORDABLE
HOUSING TRUST FUND, ACCOUNT NO. 367101, AND FUNDS, IN THE
AMOUNT OF $900,000, FROM THE CITY OF MIAMI STRATEGIC
INITIATIVE RESERVE FUND, AS APPROPRIATED BY ORDINANCE NO.
12132, AS AMENDED BY ORDINANCE NO. 12153; AND (3)
CONDITIONING SAID AUTHORIZATIONS UPON THE DEVELOPER
PROVIDING EVIDENCE OF FIRM FINANCING FOR THE FULL PROJECT
AND THE RECEIPT OF A FULL AND COMPLETE APPRAISAL OF THE
PROPOSED PROJECT ACCEPTABLE TO THE CITY OF MIAMI; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
77 November 19, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Angel Gonzalez
23. AUTHORIZE MANAGER TO EXECUTE LICENSE AGREEMENT WITH STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR USE OF 1,960 SQUARE
YARDS OF CITY -OWNED LAND IN GRAPELAND PARK, LOCATED AT NORTHWEST
14TH STREET AND NORTHWEST 37TH AVENUE, FOR SOLE PURPOSE OF INSTALLING
INLETS AND PIPE, TYING IN, HARMONIZING AND RECONNECTING EXISTING
FEATURES OF CITY PROPERTY WITH HIGHWAY IMPROVEMENTS.
Commissioner Teele: Move Item 6.
Commissioner Sanchez: Second. Public hearing.
Vice Chairman Winton: It is?
Commissioner Sanchez: Yep.
Vice Chairman Winton: How do you figure that out?
Commissioner Teele: Anyone from the public desire to be heard?
Vice Chairman Winton: I don't see it. Doesn't say --
Commissioner Sanchez: None present.
Vice Chairman Winton: -- public hearing on here.
Commissioner Teele: At the very top.
Commissioner Sanchez: Call the question.
Vice Chairman Winton: I'm looking right at the -- Oh, I don't read that. I go to my book where
all the information is. OK, so -- I'm sorry. We have a motion and a second. This is a public
hearing.
Commissioner Teele: Public hearing's closed, Mr. Chairman.
78 November 19, 2002
Vice Chairman Winton: All right, public hearing is closed. 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:
RESOLUTION NO. 02-1232
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
A LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") FOR THE USE OF APPROXIMATELY 1,960
SQUARE YARDS OF CITY -OWNED LAND IN GRAPELAND PARK,
LOCATED AT APPROXIMATELY NORTHWEST 14TH STREET AND
NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DEPICTED IN "EXHIBIT A" ATTACHED AND
INCORPORATED, FOR THE SOLE PURPOSE OF INSTALLING INLETS
AND PIPE, TYING IN, HARMONIZING AND RECONNECTING EXISTING
FEATURES OF THE CITY PROPERTY WITH THE HIGHWAY
IMPROVEMENTS, DURING THE PERIOD BEGINNING THE DATE OF
EXECUTION AND CONTINUING UNTIL COMPLETION OF THE
TRANSPORTATION PROJECT, BUT NOT LATER THAN JUNE 30, 2004;
WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET
FORTH IN SAID AGREEMENT.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Angel Gonzalez
79 November 19, 2002
24. FIRST READING ORDINANCE: AMEND CHAPTERI4/ ARTICLE IU DIVISION 1 OF
CITY CODE ENTITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN
DISTRICT/GENERALLY," BY REPEALING SECTION 14-27 IN ITS ENTIRETY AND
SUBSTITUTING IN LIEU THEREOF NEW SECTION 14-27 TO SET FORTH NEW
BOUNDARIES FOR DOWNTOWN DEVELOPMENT AUTHORITY (DDA) DISTRICT.
Commissioner Sanchez: 7 is also a public hearing. So moved.
Commissioner Teele: Second.
Vice Chairman Winton: We have a motion and a second. This is a public hearing. Anyone
from the public would like to comment on Item Number 7? Being no one, we will close the
public hearing. This is an ordinance, so Mr. City Attorney. Madam Attorney, call the roll
please.
Priscilla A. Thompson (City Clerk): Roll call on first reading. The --
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 14/ ARTICLE IU DIVISION 1
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN
DISTRICT/GENERALLY," BY REPEALING SECTION 14-27 IN ITS
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 14-
27 TO SET FORTH NEW BOUNDARIES FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY ("DDA") DISTRICT, WHICH SHALL
CONSIST OF THE TERRITORY AS SET FORTH IN "ATTACHMENT A"
(THE EXISTING TERRITORY) AND EXPANDED TERRITORY AS SET
FORTH IN ATTACHMENT "B," THEREBY ESTABLISHING NEW DDA
DISTRICT BOUNDARIES; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Angel Gonzalez
80 November 19, 2002
The ordinance was read by title into the public record by the City Attorney.
25. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED: " FEMA/USAR GRANT AWARD (FY 2002)" FOR OPERATION OF SAME,
$150,000, CONSISTING OF GRANT ALLOCATED BY FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR PURCHASE OF EQUIPMENT, AND PROVISION OF
TRAINING, MANAGEMENT, AND ADMINISTRATION OF SOUTH FLORIDA URBAN
SEARCH AND RESCUE PROGRAM.
Commissioner Teele: Move Item Number 12. The proceeding items require fourth -fifth vote.
Vice Chairman Winton: Yeah. Is Commissioner Gonzalez here?
Commissioner Sanchez: Second.
Commissioner Teele: Move Item Number 12, Mr. Chairman.
Vice Chairman Winton: We move number 12. Got a motion and second. It's an ordinance.
Commissioner Teele: Read the ordinance.
Vice Chairman Winton: Motion, second. Read the ordinance.
Priscilla A. Thompson (City Clerk): Roll call, second reading ordinance.
An ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED: " FEMA/USAR GRANT
AWARD (FY 2002)" FOR THE OPERATION OF SAME IN THE AMOUNT
OF $150,000, CONSISTING OF A GRANT ALLOCATED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE
OF EQUIPMENT, AND THE PROVISION OF TRAINING, MANAGEMENT,
AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH
AND RESCUE PROGRAM; AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
81 November 19, 2002
was passed on its first reading, by title, at the meeting of October 10, 2002, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12292.
26. SECOND READING ORDINANCE: AMEND SECTION 55-15 OF CITY CODE
ENTITLED "SUBDIVISION REGULATIONS, VACATION AND CLOSURE OF RIGHTS-
OF-WAY AND PLATTED EASEMENTS BY PLAT" TO INCREASE PERIOD OF TIME
FOR WHICH APPROVAL OF REQUESTED VACATION AND CLOSURE SHALL BE
VALID AND REMAIN INDEPENDENT OF REFERENCED TENTATIVE PLAT FROM
THREE TO FOUR YEARS; PROVIDE THAT SUCH INCREASE SHALL BE APPLICABLE
TO ANY PREVIOUSLY APPROVED VACATION AND CLOSURE THAT HAS NOT
RECEIVED FINAL PLAT APPROVAL.
Commissioner Teele: Mr. Chairman, I would move Item Number 14. Item Number 13 requires
a full Commission.
Commissioner Sanchez: Yes. Second on Number 14.
Vice Chairman Winton: We have a motion on 14. It's second reading of an ordinance. Read the
-- we have a motion and a second. Would you read the ordinance, please? Roll call, please.
82 November 19, 2002
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55, SECTION 55-15, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS,
VACATION AND CLOSURE OF RIGHTS-OF-WAY AND PLATTED
EASEMENTS BY PLAT" TO INCREASE THE PERIOD OF TIME FOR
WHICH AN APPROVAL OF A REQUESTED VACATION AND CLOSURE
SHALL BE VALID AND REMAIN INDEPENDENT OF THE REFERENCED
TENTATIVE PLAT FROM THREE TO FOUR YEARS; FURTHER
PROVIDING THAT SUCH INCREASE SHALL BE APPLICABLE TO ANY
PREVIOUSLY APPROVED VACATION AND CLOSURE THAT HAS NOT
RECEIVED FINAL PLAT APPROVAL; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of October 9, 2002, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12293.
27. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED "ANTI -TERRORISM GRANT AWARD (FY `2001)", CONSISTING OF GRANT,
$100,000, FROM MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS
OFFICE OF EMERGENCY MANAGEMENT, FOR PROVISION OF ANTI -TERRORISM
TRAINING FOR DEPARTMENT OF FIRE -RESCUE.
Commissioner Teele: Mr. Chairman, I would move Item Number 16 -- Number --
Commissioner Sanchez: No, 15.
Vice Chairman Winton: 15.
Commissioner Teele: -- 15.
83 November 19, 2002
Commissioner Sanchez: Second.
Vice Chairman Winton: Got a motion and a second. Second reading ordinance. Read the
ordinance, please.
Commissioner Sanchez: We don't get an ordinance like this that often, the County giving us
money.
Vice Chairman Winton: Yeah. Roll call, please.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED "ANTI -TERRORISM GRANT
AWARD (FY `2001)", CONSISTING OF A GRANT IN THE AMOUNT OF
$100,000, FROM THE MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS OFFICE OF EMERGENCY MANAGEMENT, FOR THE
PROVISION OF ANTI -TERRORISM TRAINING FOR THE DEPARTMENT
OF FIRE -RESCUE, IN ACCORDANCE WITH THE TERRORISM
RESPONSE PLAN; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID 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 passed on its first reading, by title, at the meeting of October 29, 2002, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12294
Commissioner Sanchez: 16, we will require a full Commission.
84 November 19, 2002
28. TABLED: PROPOSED ORDINANCE TO AMEND CHAPTER 56 OF CITY CODE
"TAXATION" TO GRANT AD VALOREM TAX EXEMPTIONS TO NEW AND
EXPANDING BUSINESSES WITHIN AREA IN CITY LOCATED IN ENTERPRISE ZONE
(See #31).
Commissioner Teele: 17 -- move Item 17, Mr. Chairman.
Vice Chairman Winton: I'm sorry. You moved 17?
Commissioner Teele: Yes, sir.
Vice Chairman Winton: We have a motion and a second. Do we have a second, Commissioner
Sanchez?
Commissioner Sanchez: Second.
Vice Chairman Winton: So we have a motion and a second on 17. It's a second reading
ordinance. Read the ordinance, please.
Alejandro Vilarello (City Attorney): Now Item 17, I believe there's a proposal from the
Manager's office to make some significant modifications to this.
Commissioner Teele: All right, I move 17A.
Commissioner Sanchez: No, I believe 17A is the one that has the modifications.
Vice Chairman Winton: Why don't we pass 17 and 17A?
29. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED "THE PARTNERSHIP STUDY FOR THE PREVENTION OF VIOLENCE;"
$1,450.55, CONSISTING OF DONATION FROM PARTNERSHIP STUDY FOR
PREVENTION OF VIOLENCE OF UNIVERSITY OF MIAMI/7ACKSON MEDICAL
CENTER TO PROVIDE BASIC SWIMMING SAFETY SKILLS TO INNER CITY
CHILDREN.
Commissioner Teele: I move Item 18, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Winton: We have a motion on 18 and a second.
Adrienne Pardo: Excuse me, Mr. Commissioner, could I speak on 17A?
Vice Chairman Winton: No, we're -- we're not going to -- we're going to --
85 November 19, 2002
Commissioner Sanchez: That one's going to require a full Commission.
Vice Chairman Winton: We're going to come back to it, so we have a motion on 18 and a
second. That's also an ordinance. Could you read the ordinance on 18, please? Roll call, please.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED "THE PARTNERSHIP
STUDY FOR THE PREVENTION OF VIOLENCE;" APPROPRIATING
FUNDS IN THE AMOUNT OF $1,450.55, CONSISTING OF A DONATION
FROM THE PARTNERSHIP STUDY FOR THE PREVENTION OF
VIOLENCE OF THE UNIVERSITY OF MIAMI/JACKSON MEDICAL
CENTER TO PROVIDE BASIC SWIMMING SAFETY SKILLS TO INNER
CITY CHILDREN; AUTHORIZING THE CITY MANAGER TO ACCEPT
THE DONATION AND TO EXECUTE THE NECESSARY DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE
OF SAID GRANT, CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
The ordinance was read by title into the public record by the City Attorney.
30. FIRST READING ORDINANCE: AMEND SECTION 2-33 OF CITY CODE, ENTITLED
"ADMINISTRATION/MAYOR AND CITY COMMISSION," TO PROVIDE THAT
SCHEDULED AGENDA ITEMS NOT CONSIDERED PRIOR TO ADJOURNMENT OF
CITY COMMISSION MEETING SHALL BE PERFUNCTORILY REGARDED AS
CONTINUED ITEMS AND SCHEDULED FOR CONSIDERATION AT NEXT IMMEDIATE
MONTH'S FIRST OR SECOND REGULAR CITY COMMISSION AGENDA.
Commissioner Teele: Move Item Number 19.
Vice Chairman Winton: Got a motion on 19.
Commissioner Sanchez: Second.
86 November 19, 2002
Vice Chairman Winton: And a second. It's an ordinance. Read the ordinance, please. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND
CITY COMMISSION," TO PROVIDE THAT SCHEDULED AGENDA ITEMS
NOT CONSIDERED PRIOR TO THE ADJOURNMENT OF A CITY
COMMISSION MEETING SHALL BE PERFUNCTORILY REGARDED AS
CONTINUED ITEMS AND SCHEDULED FOR CONSIDERATION AT THE
NEXT IMMEDIATE MONTH'S FIRST OR SECOND REGULAR CITY
COMMISSION AGENDA, AS APPROPRIATE; MORE PARTICULARLY BY
AMENDING SECTION 2-33 OF SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
The ordinance was read by title into the public record by the City Attorney.
Commissioner Teele: Thank you, Mr. Attorney, for moving this process forward.
87 November 19, 2002
31. DENY PROPOSED ORDINANCE TO AMEND CHAPTER 56 OF CITY CODE
"TAXATION" TO GRANT AD VALOREM TAX EXEMPTIONS TO NEW AND
EXPANDING BUSINESSES WITHIN AREA IN CITY LOCATED IN ENTERPRISE ZONE
(See #28).
FIRST READING ORDINANCE: AMEND CHAPTER 56 OF CITY CODE BY ADDING
NEW SECTIONS 56-110 THROUGH 56-122 TO SAID CODE TO ADD NEW ARTICLE V,
ENTITLED "AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE BUSINESSES"
TO AUTHORIZE COMMISSION TO GRANT AD VALOREM TAX EXEMPTIONS TO
NEW AND EXPANDING BUSINESSES LOCATED WITHIN CITY ENTERPRISE ZONES.
Commissioner Teele: Mr. Chairman, these are matters coming up now that requires a four-fifths
vote. If any Commissioner has a question on it, then let's pull it and don't debate it.
Vice Chairman Winton: Well, I want to know if we want to go back to -- if the Manager is ready
to go back to 17, or do you want to wait until after lunch? You all want to go back to 17?
Commissioner Teele: Move --
Alejandro Vilarello (City Attorney): Item 17 is the ordinance, which has been adopted on first
reading. If you want to consider Item 17A which is the Manager's recommendation, then you
need to vote down Item 17, and then proceed to consider it the first reading.
Commissioner Sanchez: So move to do away with 17.
Mr. Vilarello: Vote to not -- to vote against item 17.
Commissioner Sanchez: yeah, yeah.
Commissioner Gonzalez: Second.
Vice Chairman Winton: So we have a motion and a second.
Commissioner Sanchez: Repealing it.
Vice Chairman Winton: -- to --
Commissioner Sanchez: Repeal it.
Mr. Vilarello: Against.
Vice Chairman Winton: -- repeal.
Mr. Vilarello: It's not repealed; it's only been passed on first reading.
88 November 19, 2002
Commissioner Teele: Why don't you just -- why don't you do it by just moving the one you
want?
Commissioner Sanchez: Because there's already --
Vice Chairman Winton: Because you have a second reading on it.
Commissioner Sanchez: 17 is already on second reading.
Vice Chairman Winton: Yeah, so we do have to get rid of it, don't we?
Commissioner Teele: So you have to repeal it then.
Commissioner Sanchez: Yes.
Vice Chairman Winton: Yeah.
Mr. Vilarello: Wait. You don't have to --
Commissioner Sanchez: So move to repeal 17.
Commissioner Teele: Doesn't hurt.
Vice Chairman Winton: Vote to reject 17, whatever. OK, so we have a motion and a second to
reject --
Commissioner Sanchez: To reject 17.
Vice Chairman Winton: -- 17. OK.
Commissioner Sanchez: Alex. OK.
Vice Chairman Winton: OK.
Commissioner Gonzalez: OK. Move 17A.
Vice Chairman Winton: Since this isn't an ordinance -- I mean --
Priscilla A. Thompson (City Clerk): Wait. We need a roll --
Vice Chairman Winton: -- since we're rejecting it, we don't need-- Is this a public hearing on
this piece? OK, so we have a motion and a second to reject --
Commissioner Sanchez: To repeal.
89 November 19, 2002
Vice Chairman Winton: -- repeal Number 17. Any further discussion? Being none, all in favor
aye.
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed, motion carries. 17A.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1233
A MOTION AMENDING CHAPTER 56 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION" TO GRANT
AD VALOREM TAX EXEMPTIONS TO NEW AND EXPANDING
BUSINESSES WITHIN THE AREA IN THE CITY OF MIAMI LOCATED IN
THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF
EXEMPTIONS; PROVIDING PROCEDURES FOR APPLICATION AND
RENEWAL, REVIEW BY THE DEPARTMENT OF REAL ESTATE AND
ECONOMIC DEVELOPMENT, AND APPROVAL BY THE CITY
COMMISSION; PROVIDING DEFINITIONS; PROVIDING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE, INCLUSION IN THE CODE
AND PROVIDING FOR AN EFFECTIVE DATE.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Teele: Technically, you didn't do that, but it's all right. Technically, you're
tabling it or something, you got to figure out, but the only way you can repeal it is by ordinance.
Mr. Vilarello: It's only been adopted on first reading, so it's not yet an ordinance.
Commissioner Teele: That's why I'm saying, so you technically didn't repeal it, you tabled it, or
some other procedural --
Mr. Vilarello: It was a motion against --
Commissioner Teele: Yeah.
90 November 19, 2002
Mr. Vilarello: -- it was rejected on second reading.
Commissioner Teele: Motion to reject.
Mr. Vilarello: So the ordinance is gone.
Vice Chairman Winton: OK.
Mr. Vilarello: So, now, 17A is before you.
Vice Chairman Winton: Now we're on 17A.
Commissioner Gonzalez: Move 17A.
Adrienne Pardo: I'm here to speak on 17A.
Vice Chairman Winton: I need a second.
Commissioner Sanchez: I'll second.
Vice Chairman Winton: OK. I have a motion and a second. It's a public hearing. Yes, ma'am.
Ms. Pardo: Hi. Can I pass these out? Hello, my name is Adrienne Pardo, with law offices at
1221 Brickell Avenue. I'm here today on behalf of the TECOTA Technology Center of
Americas. We're in support of the ordinance that's before you today, and we believe that it's
going to help promote development in those areas of the City that need the economic boost.
What we're requesting before you today, and what I've passed out to you is a book. We're
requesting that you allow properties that went on to the tax roll in 2002, which was just this past
January, be allowed to also apply for the exemption under the following reasons: the City has
been working on this ordinance and this issue to allow property tax exemptions for the ad
valorem tax for almost the past two years. The City began the process in May of 2001, when the
Commission approved a resolution allowing the issue to go on the ballot. In November of 2001 -
- and that ordinance I just referred to is under tab 2 -- in November of 2001, the City residents
voted through a referendum to allow this issue to be able to come before you, and in December,
just in 2001, a month later, staff, in a very timely manner, had drafted an ordinance and brought
it before this Commission. Had that ordinance passed in December of 2001, which was basically
very similar to the one that's before you today, this property as well as many other properties
within the City that went on the tax roll in 2002 could have been able to apply for this tax
exemption and we're requesting -- I had done a draft under tab 1 that makes on revision that
would allow the properties that are on -- that went on the tax base in 2002 to apply for it. Now,
it's important to note that this property tax exemption that's before you today will only affect the
taxes that are paid on the building; it does not affect the taxes that are paid on the land. In this
case, TECOTA has a tax bill on their land of 6,000,000 and that will stay the same that they will
continue to pay taxes on. It would be the building that actually they have a tax bill of 45,000,000
that they would be able to apply for the exemption. Lastly, if you include this amendment, it
91 November 19, 2002
doesn't automatically allow them the exemption. All it will allow them to do is to submit an
application, like the other properties, that would then be brought before you again, and at that
time, you could determine whether or not you wanted to include it.
Mr. Vilarello: Mr. Chairman.
Vice Chairman Winton: When did -- when was the permit pulled to start construction on this
proj ect?
Ms. Pardo: I would say, the permit -- I don't know exactly.
Unidentified Speaker: I think this project was pulled around --
Ms. Pardo: Probably 2000.
Unidentified Speaker: -- May or June of 2000.
Ms. Pardo: Right.
Vice Chairman Winton: May or June of 2000 permit pull.
Unidentified Speaker: That's correct; this is the Technology Center, right? This is NAP
(Network Area Point), right?
Ms. Pardo: Yes.
Vice Chairman Winton: Exactly. I know exactly --
Unidentified Speaker: Yeah.
Vice Chairman Winton: Mr. City Attorney?
Mr. Vilarello: I don't believe this amendment is permitted under Florida law. The statute
provides that -- provided -- with regard to the exemption, it's provided that the improvements to
real property are made, or the tangible personal property is added or increased on or after the day
the ordinance is adopted, so this retroactive effect, I don't think is permitted by the State law.
Commissioner Teele: Why'd you draw it up?
Mr. Vilarello: I didn't.
Vice Chairman Winton: Yeah. She just brought it. It was a public hearing and --
Commissioner Teele: But is 17A your language?
Mr. Vilarello: That's a proposed amendment from (UNINTELLIGIBLE).
92 November 19, 2002
Vice Chairman Winton: 17A.
Mr. Vilarello: 17A doesn't have that language in it.
Commissioner Teele: Huh?
Mr. Vilarello: 17A does not have the retroactive effect.
Commissioner Teele: Let me say this, I am very sympathetic with the TECOTA, and I want to
do everything that I can to help the TECOTA, but I am very concerned about public policy, and
I'm willing to come up and work with the Manager or the redevelopment director or the private
developer, in trying to fashion something, but to begin a process where you're retroactively
attempting to provide exemption, I think it's really questionable public policy and extremely
dangerous. You've got bond issues out here. I mean, let's just talk about the one big bond issue,
the Homeland Security bond issue out here. Well, obviously, a property like this isn't going to
dramatically affect that, but you know, you've got bond issues within the redevelopment
authority. This is something that we need to be very, very careful about. I don't know where the
majority of this Commission is on that. I'll support 17A, but language that would retroactively
remove properties from taxes, even if it were legally permissible, and I think we're hearing from
the Attorney
Commissioner Sanchez: That it's not.
Commissioner Teele: That it's not, but even if it were, it raises a rally valid public policy, so I
think what we should do is ask the attorneys to meet with the City Attorney, and maybe you all
have some insights, and if there is going to be an amendment, it can be done on second reading.
Is that right, Mr. Attorney?
Vice Chairman Winton: Well, I think the City Attorney has ruled that this amendment simply is
not acceptable under State law, so I think he's ruled.
Ms. Pardo: Could I just respond to that?
Mr. Vilarello: It seems to contradict the clear language of the State statute, but I'd be happy to
meet with Ms. Freezner and determine whether --
Vice Chairman Winton: For second reading.
Mr. Vilarello: -- there is any additional information that she might have.
Vice Chairman Winton: OK, so, Commissioner Teele is suggesting that y'all meet after we pass
the first reading, but I will add my piece to this and Commissioner Teele, I will -- I feel even
more strongly about this issue than you described it. I think it is fundamentally wrong for
government to get in a position where it's retroactively coming to the rescue of -- and we would
all love to see the TECOTA extremely successful, but there's a lot of people who have lost their
93 November 19, 2002
rear ends in real estate over the years because timing was wrong, and we would be getting into a
position here where our job is to come to the rescue of a project that has been struggling because
the market went sour. Well, if that were going to be the case, I'll tell you, I would have been
here with our building downtown ten years ago, and today and yesterday, so --
Commissioner Sanchez: It's a Pandora box we don't want to open.
Vice Chairman Winton: Absolutely, so anyhow, the City Attorney has ruled. There is a
directive for you, Ms. Pardo, to meet with our City Attorney --
Ms. Pardo: I will.
Vice Chairman Winton: -- to see if there something else that can happen in the second reading.
That being said --
Commissioner Sanchez: Call the question on 17A.
Commissioner Gonzalez: We have a motion and a second.
Vice Chairman Winton: We have a motion and a second on the first reading. Read the
ordinance, please. Roll call.
94 November 19, 2002
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "TAXATION" TO ADD NEW ARTICLE V,
ENTITLED "AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE
BUSINESSES" TO AUTHORIZE THE CITY COMMISSION TO GRANT AD
VALOREM TAX EXEMPTIONS TO NEW AND EXPANDING BUSINESSES
LOCATED WITHIN CITY OF MIAMI ENTERPRISE ZONES, TO PROVIDE
FOR DEFINITIONS, SCOPE AND TERMS OF EXEMPTIONS,
PROCEDURES FOR APPLICATION AND RENEWAL PROCESS BY THE
DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT,
AND FOR THE CITY OF MIAMI ECONOMIC DEVELOPMENT FINANCE
AUTHORITY TO RECOMMEND APPROVAL OR DENIAL OF
APPLICATIONS TO THE CITY COMMISSION, TO ESTABLISH
PROCEDURES FOR APPEAL OF DENIAL TO THE CITY COMMISSION
AND FOR WAIVER OF ELIGIBILITY REQUIREMENTS FOR JOB
CRITERION; MORE PARTICULARLY BY ADDING NEW
SECTIONS 56-110 THROUGH 56-122 TO SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO
MAINTAIN A COPY OF THE MAP(S) OF THE DESIGNATED
ENTERPRISE ZONES, AS MAY BE AMENDED FROM TIME TO TIME, AS
PROVIDED BY THE DEPARTMENT OF REAL ESTATE AND ECONOMIC
DEVELOPMENT.
was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was
passed on first reading, by title only, 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
The ordinance was read by title into the public record by the City Attorney.
95 November 19, 2002
32. EMERGENCY ORDINANCE: AMEND DEVELOPMENT IMPACT FEES AND
DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE AS PROVIDED IN SECTIONS 13-
2, 13-5, 13-6, 13-53, AND 13-56 OF CITY CODE BY ESTABLISHING CONDITIONAL AND
LIMITED EXEMPTION FOR SPECIFIED MARKET -RATE, MIDDLE INCOME HOUSING
WITHIN DOWNTOWN CENTRAL BUSINESS DISTRICT, AND CLARIFYING
EXEMPTION FOR HOUSING WITHIN AREAS SUPPORTED BY COMMUNITY
DEVELOPMENT FUNDING.
Vice Chairman Winton: I'd like to go back to -- we have -- go back to Number 8, emergency
ordinance impact fees exemptions ordinance.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Winton: We have a motion.
Commissioner Gonzalez: Second.
Vice Chairman Winton: Second.
Diane Johnson: Good morning --
Vice Chairman Winton: Yes.
Ms. Johnson: -- ladies -- Commissioners, Mayor. I need to make a couple of corrections for the
record.
Commissioner Sanchez: State your name for the record.
Ms. Johnson: My name is Diane Johnson. I'm with Department of Real Estate and Economic
Development. On the advice of the City Attorney's Office, we wish to make a couple of
corrections. First off, the limitation reads that, on paragraph eight, at the bottom of page five, as
of the effective date of this ordinance, it should read the first three residential projects that
include 201 or more units of multiple family housing. Following on the next page, within the
Downtown --
Vice Chairman Winton: That's 201 versus 200?
Ms. Johnson: Correct, and that is to comply and make it match the requirements for a Major Use
Special Permit --
Vice Chairman Winton: OK.
Ms. Johnson: -- so that there would be an automatic review. Again, just a point of clarification,
within the Downtown Central Business District, for which a building permit for construction, not
merely for demolition, and then the following text remains, and then the clarification as to the
96 November 19, 2002
particular aspect of the Miami census that we're dealing with, it's for the value of owner
occupied dwelling units in Miami, as listed in the 2000 US (United States) census. Again, the
intent of this ordinance is to provide a break in exemption from the payment of impact fees for
the first three major residential development projects within the Downtown Business Core as a
way of providing a catalytic growth of the residential sector, which will pave the way for new
residential development to come into Downtown Miami, and ultimately create a 24-hour
downtown.
Vice Chairman Winton: I'll tell you what I really like about this plan is that it says very
specifically first three that step up, you're going to get it. It doesn't mean we can't come back if
we decide that three hasn't done the job, and then we could reconsider an ordinance, but this puts
a -- this says if you're not lined up one, two, three, then you may not get this benefit, and I think
it really provides an added incentive for the first three guys to really step up, and we've always
felt from the beginning that the first three or four -- you know, after you get three or four done --
Commissioner Teele: That's where the risk (UNINTELLIGIBLE).
Vice Chairman: -- that's all we're going to need. The market will take care of itself, so do we
have any further discussion on --
Commissioner Sanchez: You got to reward those that roll the dice.
Vice Chairman Winton: I'm sorry?
Commissioner Sanchez: You got to reward those that are willing to roll the dice.
Vice Chairman Winton: Yeah, exactly, so any further discussion on this item?
Ms. Johnson: Just another point; that does not exclude anyone who has already approved Major
Use Special Permit. It -- again, the kicker is getting a building permit by the effective limitation
date.
Joel Maxwell (Deputy City Attorney): A major building permit.
Ms. Johnson: A Major Use -- oh, yes, it is -- not just a demolition permit, but a building permit
for construction as specified in the ordinance.
Vice Chairman Winton: So we have a motion and a second on the amended --
Commissioner Sanchez: Call the question as amended.
Vice Chairman Winton: -- as amended. Call the roll, please.
Commissioner Sanchez: Read the ordinance.
97 November 19, 2002
Vice Chairman Winton: Oh, you -- yeah. Got to read the ordinance. Now, I guess it's time for
roll call.
Commissioner Teele: Let me ask this.
Vice Chairman Winton: Yes, sir.
Commissioner Teele: Why does it mention Community Development funding? Is this special
legislation for somebody?
Ms. Johnson: If you would like a point of clarification from staff, it was found in preparing for
this exemption for the downtown residential that the existing exemptions that have already
existed since the creation of impact fees, the existing exemption for multifamily and duplex
housing within community development target areas was, in effect, erroneous because, since the
adoption of the City's community development program in the year 2000, we no longer have
target areas.
Commissioner Teele: I understand that, Ms. Johnson, but just hear me on this point.
Ms. Johnson: Yes.
Commissioner Teele: Why is this tied to -- or am I incorrect? Is this program tied to someone
having to receive community development funding?
Ms. Johnson: No, it is not. It's for residential duplex and multifamily within the Community
Revitalization Districts, or whatever term is in --
Commissioner Teele: Then I stand corrected.
Ms. Johnson: -- HUD (Department of Housing and Urban Development) documents.
Commissioner Teele: I stand corrected. I don't want this legislation to require someone to have
to get community development funding. I mean --
Ms. Johnson: That is not the case.
Commissioner Teele: Then I don't -- then I stand corrected. Thank you.
Vice Chairman Winton: OK. Call the roll, please.
Priscilla A. Thompson (City Clerk): First reading. Commissioner Sanchez?
Commissioner Teele: No, no.
Commissioner Sanchez: Yes.
98 November 19, 2002
Commissioner Teele: This is --
Ms. Thompson: I'm sorry. First voting.
Commissioner Teele: He read this as an emergency ordinance.
Ms. Thompson: I'm sorry.
Ms. Johnson: That's correct.
Ms. Thompson: This is our first roll call. I stand corrected. The ordinance is passed on
emergency.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING DEVELOPMENT IMPACT FEES AND THE DOWNTOWN
DEVELOPMENT SUPPLEMENTAL FEE AS PROVIDED IN CHAPTER 13,
ARTICLES I AND 11 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY ESTABLISHING A CONDITIONAL AND LIMITED
EXEMPTION FOR SPECIFIED MARKET -RATE, MIDDLE INCOME
HOUSING WITHIN THE DOWNTOWN CENTRAL BUSINESS DISTRICT,
AND BY CLARIFYING THE EXEMPTION FOR HOUSING WITHIN AREAS
SUPPORTED BY COMMUNITY DEVELOPMENT FUNDING; MORE
PARTICULARLY BY AMENDING SECTIONS 13-2, 13-5, 13-6, 13-53, AND
13-56; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele and seconded by Commissioner Gonzalez, for adoption
as an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None.
99 November 19, 2002
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Gonzalez, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12295.
33. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"OUTREACH PROJECT TO HOMELESS DETAINEES" AND APPROPRIATE $73,604 FOR
OUTREACH, ASSESSMENT, PLACEMENT AND TRANSPORTATION SERVICES TO
HOMELESS DETAINEES BEING RELEASED FROM DADE COUNTY JAIL RECEIVED
BY CITY AS GRANT FROM STATE OF FLORIDA GRANT-IN-AID PROGRAM FOR A
SIX MONTH PERIOD.
Commissioner Sanchez: Could we take on 20?
Commissioner Teele: I'd like to go through all of these --
Commissioner Sanchez: These are noncontroversial ones.
Vice Chairman Winton: Let's do 9, 10 and 11 then if we're going to --
Commissioner Gonzalez: I move 9.
Commissioner Sanchez: Well, wait a minute, which is 9?
Vice Chairman Winton: Nine's an acceptance of a grant from the State of Florida.
Commissioner Sanchez: Second.
Vice Chairman Winton: So I have a motion and a second on acceptance of a grant. This is an
emergency ordinance. Is it a public hearing? OK, so read the ordinance, please. Roll call.
Priscilla A. Thompson (City Clerk): The emergency ordinance is adopted, 4/0.
100 November 19, 2002
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "OUTREACH
PROJECT TO HOMELESS DETAINEES" AND APPROPRIATING FUNDS
FOR THE OPERATION OF SAME IN THE AMOUNT OF $73,604 FOR
OUTREACH, ASSESSMENT, PLACEMENT AND TRANSPORTATION
SERVICES TO HOMELESS DETAINEES BEING RELEASED FROM THE
DADE COUNTY JAIL RECEIVED BY THE CITY AS A GRANT FROM THE
STATE OF FLORIDA GRANT-IN-AID PROGRAM FOR A SIX MONTH
PERIOD; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AWARD AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
FURTHER AUTHORIZING THE ALLOCATION OF SAID FUNDS FOR
IMPLEMENTATION OF THE PROJECT; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
was introduced by Commissioner Teele and seconded by Vice Chairman Winton, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None.
Whereupon the Commission on motion of Commissioner Gonzalez and seconded by
Commissioner Sanchez, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12296.
101 November 19, 2002
Vice Chairman Winton: We have another emergency ordinance. Item number 10.
Commissioner Teele: Call it.
Commissioner Sanchez: Second.
Commissioner Teele: Is that on a budget?
Commissioner Sanchez: Annual appropriation ordinance to increase certain operational of
budgetary appropriations --
Vice Chairman Winton: Oh, I'm sorry. The Mayor would like to be here for this, so we will --
Commissioner Sanchez: OK.
Vice Chairman Winton: -- move that to the afternoon.
34. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY,
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVE ACQUISITION OF SERVICES FROM ALL CLAIMS INSURANCE REPAIRS,
INC., $202,208.86, FOR CLEANING, CONTENTS MANIPULATION, STORAGE, REPAIRS
AND REPLACEMENT OF STRUCTURE FROM EXTENSIVE FIRE, WATER AND SMOKE
DAMAGE OF QUARTERMASTER'S SECTION OF FIRE -RESCUE DEPARTMENT
SUPPORT SERVICES DIVISION, LOCATED AT 1151 NORTHWEST 7TH STREET;
ALLOCATE $49,800 AND $50,200 FROM FIRE -RESCUE GENERAL FUND AND
$102,208.86 FROM CAPITAL IMPROVEMENT PROJECT.
Commissioner Teele: Mr. Chairman, I would move Item Number 20.
Commissioner Sanchez: Second.
Vice Chairman Winton: Hold on, let me get there. OK, we have a motion and a second on
Number 20. This a resolution, so do we have any -- I have one question about this. Was this
building a fire station or was it just a building that housed equipment and stuff for the Fire
Department?
Carlos A. Gimenez (City Manager): This was the quartermaster section of the fire garage; it had
a fire a couple years ago, I believe, and this is -- is this the -- this is appropriating just to get it
fixed, right, and get it done.
Vice Chairman Winton: Yeah. But did we have firefighters there and trucks there and all that
kind of jazz?
Mr. Gimenez: No, this is where their supplies are kept.
Vice Chairman Winton: OK.
102 November 19, 2002
Mr. Gimenez: There's a station next door, but apparently -- when did this happen, at night or
something, when they had the tire?
Maurice Kemp: No, it was not at night. Maurice Kemp, Deputy Fire Chief. This was the
warehouse, our support services warehouse, and it's connected to a fire station, but not -- it is not
a fire station.
Vice Chairman Winton: So how did we have a catastrophic fire with a fire station next door?
Mr. Kemp: What we had was a type of explosion, so the fire happened quickly. Our guys --
Vice Chairman Winton: Was anybody inspecting that facility?
Mr. Kemp: It has been inspected. Our guys were there quickly --
Vice Chairman Winton: Apparently --
Mr. Kemp: -- they put the fire out quickly, and they prevented further loss, and --
Vice Chairman Winton: I'm sorry, I was reading this -- I would have sworn that this said
catastrophic fire here.
Mr. Kemp: Catastrophic in dollar amount; a lot of money was spent. We got no one injured.
Commissioner Gonzalez: Good question.
Vice Chairman Winton: We have a motion and a second on this --
Commissioner Teele: When did this fire occur?
Mr. Kemp: It happened December --
Unidentified Speaker: After I left.
Mr. Kemp: -- 14 of 2001.
Commissioner Teele: Then why is this an emergency to us?
Mr. Kemp: This is a ratification of emergency action by the City Manager. He allowed us to
come in and handle the --
Commissioner Teele: When was the action taken?
Vice Chairman Winton: Probably a month afterwards.
103 November 19, 2002
Mr. Kemp: The action was taken in July, July 23 of `02.
Vice Chairman Winton: And it's just taken that long for it to get on our agenda? So anyhow,
any further dis -- we have a motion and a second. Any further discussion? Being none, all in
favor, "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1234
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
AND APPROVING THE ACQUISITION OF SERVICES FROM ALL
CLAIMS INSURANCE REPAIRS, INC., IN AN AMOUNT NOT TO EXCEED
$202,208.86, FOR CLEANING, CONTENTS MANIPULATION, STORAGE,
REPAIRS AND REPLACEMENT OF STRUCTURE FROM EXTENSIVE
FIRE, WATER AND SMOKE DAMAGE OF THE QUARTERMASTER'S
SECTION OF THE FIRE -RESCUE DEPARTMENT SUPPORT SERVICES
DIVISION, LOCATED AT 1151 NORTHWEST 7TH STREET, MIAMI,
FLORIDA; ALLOCATING FUNDS IN THE AMOUNT OF $49,800 FROM
ACCOUNT CODE NO.001000.280701.6.670, AND $50,200 FROM
ACCOUNT CODE NO.001000.280601.6.270 OF THE FIRE -RESCUE
GENERAL FUND, AND $102,208.86 FROM CAPITAL IMPROVEMENT
PROJECT NO. 313302, ACCOUNT CODE NO. 289301.6.850 AS FUNDED
BY THE FIRE ASSESSMENT FEE.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Mr. Gimenez: I think this fire happened at the same time we had that night --
Vice Chairman Winton: Motion carries.
104 November 19, 2002
Mr. Gimenez: -- that Tony Roma's fire.
Vice Chairman Winton: Oh, I certainly hope so, and I hope that group was at Tony Roma's.
35. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY,
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZE EMERGENCY REPAIRS FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, MIAMI RIVERSIDE CENTER BUILDING AND PARKING GARAGE,
TO VARIOUS VENDORS; ALLOCATE FUNDS FROM DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, MIAMI RIVERSIDE CENTER DIVISION, $11,932.50 (FY
2002) AND $13,520 (FY 2002).
Commissioner Teele: I move Item 21.
Commissioner Sanchez: Second.
Commissioner Gonzalez: Second.
Vice Chairman Winton: Motion and a second on Item 21. Any further discussion? Being none,
all in favor, "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: 20 --
Vice Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1235
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING
EMERGENCY REPAIRS FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, MIAMI RIVERSIDE CENTER BUILDING
AND PARKING GARAGE, TO VARIOUS VENDORS DESCRIBED IN
"EXHIBIT A", ATTACHED AND INCORPORATED; ALLOCATING FUNDS
FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION,
MIAMI RIVERSIDE CENTER DIVISION, ACCOUNT CODE
NO. 504000.421901.6.340, IN THE AMOUNT OF $11,932.50 (FY 2002) AND
ACCOUNT CODE NO. 504000.421901.6.670, IN THE AMOUNT OF $13,520
(FY 2002), FOR A TOTAL AMOUNT NOT TO EXCEED $25,452.50.
105 November 19, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: Chairman Tomas Regalado
36. AUTHORIZE LEASING AND MAINTENANCE SERVICES FOR ACQUISITION OF
XEROX DOCUCOLOR 12 COLOR COPIER FROM XEROX CORPORATION FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, GRAPHICS
REPRODUCTIONS DIVISION, AWARDED UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 250-000-03-1, TOTAL CONTRACT $112,000; ALLOCATE FUNDS FROM
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, GRAPHIC
REPRODUCTIONS DIVISION.
Commissioner Sanchez: 22.
Commissioner Teele: 21A.
Vice Chairman Winton: 21A.
Commissioner Gonzalez: Second.
Vice Chairman Winton: Motion. Need a second.
Commissioner Sanchez: Second.
Vice Chairman Winton: Got a motion and a second on 21A. Any discussion? Being none, all in
favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries.
106 November 19, 2002
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1236
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
LEASING AND MAINTENANCE SERVICES FOR THE ACQUISITION OF
A XEROX DOCUCOLOR 12 COLOR COPIER FROM XEROX
CORPORATION FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, GRAPHICS REPRODUCTIONS DIVISION,
AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO.
250-000-03-1, EFFECTIVE THROUGH JULY 31, 2005, SUBJECT TO ANY
EXTENSIONS BY THE STATE OF FLORIDA, AT AN ANNUAL AMOUNT
NOT TO EXCEED $22,000 FOR EACH OF THE FIVE YEARS, WITH AN
END -OF -LEASE BUY-OUT OPTION, IN THE AMOUNT OF $2,000, FOR A
TOTAL CONTRACT COST NOT TO EXCEED $112,000; ALLOCATING
FUNDS FROM THE BUDGET OF THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS DIVISION,
ACCOUNT CODE NO. 505000.420501.6.610.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Chairman Tomas Regalado
37. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY,
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE
EMERGENCY PURCHASE FOR PROVISION OF AUTOTRACK SERVICES FROM
CHOICEPOINT BUSINESS AND GOVERNMENT SERVICES, FOR POLICE
DEPARTMENT, $49,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST
FUND.
Commissioner Sanchez: 22, move.
Commissioner Teele: Second.
Commissioner Gonzalez: Second 22.
107 November 19, 2002
Vice Chairman Winton: Got a motion and a second on 22. Discussion? Being none, all in
favor, "aye." Hello?
Commissioner Gonzalez: Move 22A.
Vice Chairman Winton: No, we haven't moved 22 yet. I'm waiting for the "ayes."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1237
A RESOLUTION OF THE MIAMI CITY BY A FOUR-FIFTHS (4/5THS)
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY
PURCHASE FOR THE PROVISION OF AUTOTRACK SERVICES FROM
CHOICEPOINT BUSINESS AND GOVERNMENT SERVICES, FOR THE
POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $49,000;
ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND
PROJECT NO. 690002, SUCH EXPENDITURES HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE
UNITED STATES DEPARTMENT OF JUSTICE'S, "GUIDE TO EQUITABLE
SHARING".
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
108 November 19, 2002
38. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING THAT COMPETITIVE
SEALED BIDDING METHODS ARE NOT PRACTICAL OR ADVANTAGEOUS FOR
REPAIR OF SIDEWALKS IN ALLAPATTAH AREA; WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING METHODS, AND ACCEPT BID OF METRO EXPRESS
INC., FOR PROJECT ENTITLED "ALLAPATTAH SIDEWALK AND CURB
REPLACEMENT PROJECT B-4660"; ALLOCATE $97,950, FROM CAPITAL
IMPROVEMENT PROJECT; ESTIMATED TOTAL COST OF $109,307.
Commissioner Gonzalez: Move 22A.
Commissioner Sanchez: Second.
Vice Chairman Winton: Motion passes. 22A. Motion and a second. Discussion?
Commissioner Teele: Object.
Vice Chairman Winton: Any further discussion? All in favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries unanimously.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-1238
A RESOLUTION OF THE MIAMI CITY COMMISSION BY FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING THAT COMPETITIVE SEALED BIDDING METHODS ARE NOT
PRACTICAL OR ADVANTAGEOUS FOR THE REPAIR OF SIDEWALKS
IN THE ALLAPATTAH AREA; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING METHODS, AND ACCEPTING THE
BID OF METRO EXPRESS INC., IN THE AMOUNT OF $97,950, FOR THE
PROJECT ENTITLED "ALLAPATTAH SIDEWALK AND CURB
REPLACEMENT PROJECT B-4660"; ALLOCATING FUNDS, IN THE
AMOUNT OF $97,950, FROM CAPITAL IMPROVEMENT PROJECT
NO. 341200, FOR THE CONTRACT COSTS AND $11,357 FOR EXPENSES
INCURRED BY THE CITY, FOR AN ESTIMATED TOTAL COST OF
$109,307 FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
109 November 19, 2002
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
39. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY,
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND
ACCEPT BID OF MEF CONSTRUCTION INC., FOR PROJECT ENTITLED "CITYWIDE
SIDEWALK REPLACEMENT PROJECT, PHASE XXII, B-4659"; AUTHORIZE MANAGER
TO EXECUTE CONTRACT WITH MEF CONSTRUCTION INC., $81,931; ESTIMATED
TOTAL COST $90,464; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS
PROJECT.
Commissioner Sanchez: Move 22B.
Commissioner Gonzalez: Object 22B.
Commissioner Sanchez: So move 22B.
Commissioner Gonzalez: Second.
Commissioner Winton: We have a motion and a second on 22B, and one objection. Any further
discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Commissioner Winton: Like sign, opposed. The motion carries, again, unanimously.
110 November 19, 2002
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-1239
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND ACCEPTING THE BID OF MEF CONSTRUCTION
INC., FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK
REPLACEMENT PROJECT, PHASE XXII, B-4659"; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH MEF
CONSTRUCTION INC., IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN THE AMOUNT OF $81,931 FOR THE CONTRACT COSTS
AND $8,533 FOR EXPENSES INCURRED BY THE CITY, FOR AN
ESTIMATED TOTAL COST OF $90,464; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENTS PROJECT NO. 341183.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
40. DEFER PROPOSED APPROVAL OF OPERATING BUDGET OF MIAMI SPORTS AND
EXHIBITION AUTHORITY FOR FISCAL YEAR 2002-2003.
Commissioner Gonzalez: Move 23.
Commissioner Sanchez: That's approving the --
Commissioner Teele: Second.
Commissioner Sanchez: -- Miami Sports and Exhibition Authority.
Commissioner Teele: Second.
Vice Chairman Winton: That we pass what?
111 November 19, 2002
Alejandro Vilarello (City Attorney): Mr. Chairman.
Vice Chairman Winton: Yes.
Mr. Vilarello: I'm not sure that the MSEA (Miami Sports and Exhibition Authority) Board has
approved the MSEA budget yet.
Commissioner Gonzalez: But what is their problem? Because --
Commissioner Sanchez: What's their problem?
Commissioner Gonzalez: -- we have deferred this item three times and --
Commissioner Teele: Mr. Chairman, I move Item 24.
Mr. Vilarello: Because it's been deferred because the MSEA board has not yet
(UNINTELLIGIBLE).
Commissioner Sanchez: They haven't been able to balance their budget or what?
Mr. Vilarello: It was presented at last MSEA Board Meeting and the Board rejected and asked
the Executive Director to come back with additional information.
Commissioner Gonzalez: OK, so what do we do now?
Vice Chairman Winton: We skip it.
Mr. Vilarello: We defer it until --
Commissioner Gonzalez: OK, defer 23.
41. RATIFY, APPROVE AND CONFIRM ACTIONS OF EXECUTIVE DIRECTOR OF
VIRGINIA KEY BEACH PARK TRUST IN AUTHORIZING ENGAGEMENT OF
WALLACE ROBERTS & TODD, LLC, SELECTED FROM APPROVED LIST OF
LANDSCAPE ARCHITECTURE FIRMS FOR PREPARATION OF SITE PLAN OF
HISTORIC VIRGINIA KEY BEACH PARK; ALLOCATE $121,500 FROM TRUST'S
BUDGET.
Commissioner Teele: Move Item 24.
Commissioner Gonzalez: Second.
Carlos Gimenez (City Manager): There's an amendment for Item Number 24.
Commissioner Teele: What's the amendment?
112 November 19, 2002
Lynn Austin: Yes, I would like to an amendment to amend the amount of the contract from
121,500 to 146,270, at the request of the Public Works -- I mean, Community Improvements
Project Office. Final review of the contract, they asked us to put the optional items as a part of
the entire contract, which raises the amount.
Commissioner Teele: That makes sense.
Vice Chairman Winton: Great.
Commissioner Gonzalez: OK. Move 24, as amended.
Commissioner Sanchez: Second, as amended.
Vice Chairman Winton: Motion and a second on 24. Discussion. Being none, all in favor,
aye.
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Gonzalez, who moved its adoption:
RESOLUTION NO. 02-1240
A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING,
APPROVING AND CONFIRMING THE ACTIONS OF THE EXECUTIVE
DIRECTOR OF THE VIRGINIA KEY BEACH PARK TRUST ("TRUST") IN
AUTHORIZING THE ENGAGEMENT OF WALLACE ROBERTS & TODD,
LLC, SELECTED FROM THE APPROVED LIST OF LANDSCAPE
ARCHITECTURE FIRMS APPROVED BY RESOLUTION NO. 99-708,
ADOPTED SEPTEMBER 29, 1999, FOR PREPARATION OF THE SITE
PLAN OF THE HISTORIC VIRGINIA KEY BEACH PARK; AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE TRUST TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE; ALLOCATING FUNDS IN THE AMOUNT OF
$146,270 FROM THE BUDGET OF THE TRUST, ACCOUNT CODE NO.
116004.580239.6.270.
113 November 19, 2002
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Chairman Tomas Regalado
42. WAIVE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF
CITY CODE TO ENABLE MARVA L. WILEY TO ENTER INTO AGREEMENT TO
TRANSACT BUSINESS WITH AND FOR CITY AND APPEAR BEFORE COMMISSION
FOR MODEL CITY TRUST TO PROVIDE PROFESSIONAL SERVICES RELATING TO
MODEL CITY COMMUNITY REVITALIZATION DISTRICT PROJECT.
Commissioner Teele: Move 24A.
Vice Chairman Winton: 24A.
Commissioner Gonzalez: Second.
Vice Chairman Winton: We have a motion and a second on 24A. I have a question. I got to
figure out where my questions are. I'm trying to read my writing, but I don't understand it
clearly because I was writing late at night.
Commissioner Teele: This is a waiver of the code provision that allows someone that was
previously a City employee.
Vice Chairman Winton: I know what I was -- my question has nothing to do with the subject, it
has to do with numbering. What is the connectivity between 24A and 2413? I mean, why isn't
24B number 25?
Commissioner Teele: You just gave the lady a heart attack.
Carlos A. Gimenez (City Manager): I think because probably I think they probably just -- well, I
need to ask the question, but it looks to me you probably had -- they probably had already
numbered a 24 and 25, and the only way to number between them before -- is to stick --
Vice Chairman Winton: Oh, was to stick this in?
114 November 19, 2002
Mr. Gimenez: -- because after that you have the appointments so --
Vice Chairman Winton: Yeah, OK.
Mr. Gimenez: That's what happened.
Vice Chairman Winton: Fine. OK, we have a motion and a second on 24A.
Commissioner Teele: Is Marva here? Did she have a heart attack? Did she pass out when you
raised a question?
Vice Chairman Winton: Yeah, OK.
Commissioner Sanchez: Have we ever done this in the past that we've --
Commissioner Teele: Oh, yeah.
Commissioner Sanchez: -- waived conflicts? OK.
Commissioner Gonzalez: OK. I'm glad that you brought that up that question. I don't have a
problem with this, and I already -- as a matter of fact, I already moved 24A, but I remember two
years ago when I was at the Allapattah Business Development Authority as the Executive
Director, Frank Castaneda came to the Commission at that time, and he was not allowed to speak
on behalf of the agency because he had been an employee of the City and two years had not gone
by, so what -- and I'm just trying to learn the process, so what you're telling me here now is that,
in the future we have a same situation, then we can ask for a four -fifth vote?
Mr. Gimenez: There is a procedure in 6-14 that allows for the waiver under certain
circumstances.
Commissioner Gonzalez: All right, so that's -- so, probably what happened was that we didn't
ask for a four -fifth vote, the waiver on Frank Castaneda at that time, right?
Mr. Gimenez: These relate to doing business with as opposed to appearing before. For example,
well, the most recent Commissioner who appeared before us was Commissioner Gort.
Commissioner Gort -- you couldn't waive Commissioner Gort appearing before the City
Commission on behalf of a third party, if he was being compensated, you could not.
Commissioner Gonzalez: Yeah, but he was not -- at the time --
Mr. Gimenez: This is a doing business waiver.
Commissioner Gonzalez: OK, but at the time, Frank was not doing any business. Frank wasn't
getting any salaries from the agency, and he was just coming to the Commission to give a
presentation on behalf of the agency, and he was refused. He was not allowed to talk.
115 November 19, 2002
Vice Chairman Winton: Commissioner Gonzalez, could I intercede here? Would you mind if
you two meet and discuss this right at the break, and if there's still --
Commissioner Gonzalez: Yeah, no problem.
Vice Chairman Winton: a public question bring it back today after lunch?
Commissioner Gonzalez: I just want to know --
Vice Chairman Winton: I understand.
Commissioner Gonzalez: -- what the standard is for --
Vice Chairman Winton: Yeah, the question is good and relevant, but if y'all can resolve it; if
you can't --
Commissioner Gonzalez: Great, no problem. OK, move 24 A.
Vice Chairman Winton: -- bring it back.
Commissioner Teele: Call the question.
Vice Chairman Winton: 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 motion carries.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1241
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING,
PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE
CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612
OF THE CITY CODE TO ENABLE MARVA L. WILEY TO ENTER INTO
AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE CITY
AND APPEAR BEFORE THE CITY COMMISSION FOR THE MODEL CITY
TRUST TO PROVIDE PROFESSIONAL SERVICES RELATING TO THE
MODEL CITY COMMUNITY REVITALIZATION DISTRICT PROJECT.
116 November 19, 2002
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Chairman Tomas Regalado
43. AMEND RESOLUTION NO. 02-262 TO AUTHORIZE INCREASE IN GRANT, $25,000,
FROM $50,000 TO $75,000, TO COVER COSTS OF UNANTICIPATED EXPENSES
INCURRED DURING OCEAN RACE MIAMI EVENT HELD MARCH 27 — APRIL 14,2002;
ALLOCATE FUNDS FROM SPECIAL EVENTS ACCOUNT.
Commissioner Teele: Move 24B.
Commissioner Gonzalez: Second.
Vice Chairman Winton: We have a motion and a second on 24B. Discussion? Being none, all
in favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed. The motion carries.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1242
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 02-262 TO AUTHORIZE AN INCREASE IN A GRANT
IN THE AMOUNT OF $25,000, FROM $50,000 TO $75,000, TO COVER THE
COSTS OF UNANTICIPATED EXPENSES INCURRED DURING THE
OCEAN RACE MIAMI EVENT HELD MARCH 27 — APRIL 14, 2002;
ALLOCATING FUNDS FROM SPECIAL EVENTS ACCOUNT CODE
NO. 001000.921054.6.289.
117 November 19, 2002
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Tomas Regalado
Commissioner Sanchez: That's it. Let's break for lunch.
Vice Chairman Winton: You want to break for lunch now?
Commissioner Sanchez: Yeah, we got naming and then we just --
Vice Chairman Winton: Fine.
Commissioner Sanchez: -- we're on time.
Vice Chairman Winton: What time do you all want to come back?
Commissioner Sanchez: We're on schedule.
Commissioner Teele: When's the CRA (Community Redevelopment Agency)?
Vice Chairman Winton: 2:30 or 3:00?
Commissioner Teele: What time is CRA?
Priscilla A. Thompson (City Clerk): You have a 2 o'clock CRA --
Commissioner Teele: 2:30 back here for CRA.
Vice Chairman Winton: What time?
Commissioner Teele: 2:30 for the CRA and then we'll take up that at 3:00.
Vice Chairman Winton: Fine, 2:30 we'll be back for CRA.
Alejandro Vilarello (City Attorney): It's an executive session.
Commissioner Teele: Oh, where is the executive session going to be?
118 November 19, 2002
Vice Chairman Winton: I'm sorry?
Ms. Thompson: The executive session, according to the information we received from the CRA
staff, is located here. They had a room set aside for you here.
Vice Chairman Winton: Is this an executive session CRA?
Ms. Thompson: Yes, it is.
Mr. Vilarello: Yes.
Vice Chairman Winton: OK.
Ms. Thompson: And it's advertised for 2 o'clock.
Vice Chairman Winton: It's advertised for 2:00?
Ms. Thompson: Yes, it is.
Vice Chairman Winton: Do we --
Commissioner Teele: No, but you can always start at 2:30.
Mr. Vilarello: As long as you start later and not earlier.
Vice Chairman Winton: Yeah, so it's advertised as 2. Yeah -- I'm sorry.
Commissioner Gonzalez: We're done with the agenda except the appointments?
Vice Chairman Winton: I think -- no, there's two or three items that we have to go back to.
Mr. Vilarello: Planning and Zoning.
45. APPROVE WITH CONDITIONS, MAJOR USE SPECIAL PERMIT, PURSUANT TO
ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR BAY 25 PROJECT
TO BE COMPRISED OF RESIDENTIAL COMPLEX WITH NOT MORE THAN 55, UNITS
WITH ACCESSORY RECREATIONAL SPACE, AND 75 PARKING SPACES AT 704-712
NE 25TH STREET (Applicant(s): Bay 25 Development, LLC.)
Chairman Regalado: We're back in the regular City Commission meeting. We had promised --
the time certain for 3 o'clock, PZ -1 and the reason that we're delayed is because there was an
executive session of the CRA (Community Redevelopment Agency) and the Board members,
which are the Commissioners, had to go somewhere in this building, and so the CRA meeting it's
over. We have another time certain at 5:00 and then the following items in the agenda. There is
a number in the regular agenda that we want to address. We have some visitors here, so we will
119 November 19, 2002
do it immediately after the PZ -1. We'll come back to the regular agenda and work our way
through the regular and the PZ (Planning and Zoning) agenda. PZ -1 it's a resolution, and it's
704, 712 Northeast 25 Street.
Commissioner Teele: Did you swear everybody?
Chairman Regalado: No, we need to -- I can't see, so I -- we need to swear everyone who is
going to be addressing the Commission on PZ items, so Madam City Clerk, would you do that?
Priscilla A. Thompson (City Clerk): Yes. Those members in the -- I'm sorry, individuals in the
audience, if you are going to be speaking on any of the PZ items from today's agenda, I do need
you to please stand and raise your right hand and repeat after me at the end, I'm sorry, repeat,
your answer. Thank you.
Chairman Regalado: Thank you. PZ -1, Lourdes.
Lourdes Slazyk: Thank you. For the record: Lourdes Slazyk. Planning and Zoning Department.
PZ -1 is a Major Use Special Permit for the Bay 25 project to be located at approximately 704
through 712 Northeast 25 Street. This project will be comprised of a residential complex with 55
units and accessory recreational space and approximately 75 parking spaces. The reason this is
the Major Use Special Permit is because of the additional FAR (Floor Area Ratio) being sought
under the major use. In the case of the Bay 25 project, the additional square footage is being
sought to do bigger units rather than more units. The Planning and Zoning Department has
reviewed the project, as you can see in the analysis before you, for compliance with the criteria
for the Major Use Special Permit. We have found the project to comply and are recommending
approval with the conditions in the development order. The only additional condition that was
added to the development order has to do with some of the issues that the Urban Development
Review Board had with the project regarding some design issues that the applicant will continue
to work with the Department on prior to getting a building permit. They found the project to be
well designed; there were just little things regarding the top of the building and some of the
floor -to -floor heights in the building. There was one additional condition that was requested by
the Shoreline Development Review Committee that the Planning Department has not put into the
development order because it's one that we don't necessarily agree with, that was regarding a bay
walk. This property is on the bay. However, it is not in a part of the City that's commercial
zoning; as a matter of fact, it's R-4 zoning. The project has a bay walk for the use of the
residents, but it's not open to the public. What the applicant is going to do is do a -- do some
improvements at the end of 25 Street on the bay, by doing decorative pavers and landscaping for
the public access to the water, but not necessarily across their project. That is something that, for
security reasons, really isn't feasible for this project, so we don't concur with that and we have
not added that condition to the development order. Otherwise, we recommend approval.
Chairman Regalado: OK, this is a public hearing. Anybody from the public?
Joel Maxwell (Deputy City Attorney): You need to hear from the applicant, Mr. Chairman.
Chairman Regalado: Sorry?
120 November 19, 2002
Mr. Maxwell: You need to hear from the applicant.
Chairman Regalado: Oh, OK. Adrienne.
Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at 1221 Brickell Avenue.
I'm here today on behalf of Bay 25 Development LLC, which is the owner of the subject
property. With me here today are the owners Gino Valsetto and Rick Cowanni, as well as the
developers, Thomas (UNINTELLIGIBLE) and Stephanie Herman, also with me today is
Bernard Zyscovich, the architect, as well as Suria Yaffer and Jack Ahlstedt, our traffic
consultants. As Ms. Slazyk had stated, the property is zoned R-4 and it has an SD -20 overlay.
It's designated residential high-density. This project is before you for a Major Use Special
Permit. Generally, the projects that you see before you for Major Use Special Permits are
projects that involve more than 200 residential units. However, because we've requested a small
amount of additional floor area, only 15,000 square feet, we were required to file a Major Use
Special Use Permit and go through the process with the City. This project has been reviewed by
the Planning Department's Internal Design Review Committee. We've also been before the
City's Large-scale Development Review Committee, which is made up of the Police
Department, Zoning, Public Works, Solid Waste, FP&L (Florida Power & Light), various other
organizations, as well. Planning staff has recommended approval with conditions; we accept
those conditions. We also brought this project before the concerned Citizens of Edgewater on
June 27, 2002, and the project was favorably received at that point and time. We've gone before
the Urban Development Review Board, and we've also met with our neighbor, which is a
condominium building located just behind us on the west side, and located right here where I'm
pointing to, and the -- we had about 15, 20 residents at that meeting, and the project was
favorably reviewed there as well. Then we went before the Planning Advisory Board, and we're
before you today. As I had stated, the project is for 55 residential units. It's located on Biscayne
Bay off of 25 Street. We meet all the zoning requirements. We're not requesting any variances.
The height in this particular district is unlimited height. This building will be approximately 23
stories. We meet our parking. Actually 56 spaces are required; we're providing 75. Our green
space requirements, we're required to have approximately 5,400 spare feet; we're providing
8,500 spare feet. We meet all of our setbacks. With regards to density in this particular district,
we could have up to 74 units, but we're only requesting 55 units. At this point in time, I can --
I'll turn the floor over to Bernard Zyscovich. He can go through the project in more detail, if
you would like, otherwise, we could see if there are any questions from neighborhood and then
just respond.
Chairman Regalado: OK. Go ahead. You need the hand mike. OK, why don't you do that?
Bernard Zyscovich: Hello, I think Adrienne has given you the salient features of the project.
Are you able to see these boards or should I come up on the stage? You can see? Very briefly,
this yellow area indicates the site, which is right at the end of 25 Street on the bay. As you can
see, right behind here there is this object, which you probably cannot see, which is the
apartments behind the property. This is an aerial of the property. What we've done is we've
created a project that has four units per floor, the sizes are larger than we could otherwise do.
We're under the density, and we've designed a project, as Adrienne stated, which has no
121 November 19, 2002
variances. We have spent time with staff, with the community. To our knowledge, by and large,
we're not aware of any opposition; that doesn't mean there isn't any, but I can't predict that, and
rather than take more of your time, what we want to just explain to you is that we spent a lot of
attention on the bay walk. We have the pool in the ground, in front of the building on the bay.
We have a parking podium, a common area floor, and a tower, and we go up 23 stories, and I'll
keep the presentation at this level of brevity and certainly, if questions come up, we can go more
deeply. We have a lot more boards. Thank you.
Chairman Regalado: Thank you. Anybody from the public, anybody in opposition who wishes
to -- you need to give her the mike, just one second. No mike, no sound?
Rosalie Babic: Can you hear me now?
Chairman Regalado: Yes. Your name and address.
Ms. Babic: My name is Rosalie Babic, and I live on 600 Northeast 25th Street. I've lived there
for approximately five years. It's taken about five years to clean up our street, and we do look
forward and welcome new projects that will enhance our neighborhood. Some of the questions
we're answered just now about the variance. I guess my -- one of our biggest concerns is
parking. I understood from her presentation that the parking has been approved and it qualifies.
Our street is a wide street, but we do have parking problems now with a high-rise, even though
75 parking, there's going to be visitors, and it's going to start with cluttering the street. There's
another new condominium project called Bay Lofts on the north side of 25th Street that is --
they're actually selling units now, and that's another project that will enhance, yes, our
neighborhood, but it's going to cause problems with parking. We also have two empty lots on
25th Street, one on the north and the south side that I'm not sure what's going to be built there, so
parking is a big concern. As you all probably know, South Beach it's almost impossible to find
anywhere to park. My other concern is a traffic light. There is no traffic light on Biscayne
Boulevard and 25th Street. We've had two fatalities at Riviera Towers in the last five or six
years, due to a turning without a traffic light, so it's imperative that if this project goes through,
that we get a traffic light on that street. Another concern maybe is frivolous, I don't know, but
we have seven stories. Riviera Towers is seven stories; this project is 23 stories. There's --
parking is the first seven stories. My concern is, parking garage is going to be in our view with
the fumes. I don't know if that's something that is a normal concern, but when I heard that the
parking garage is the same height as Riviera Towers, I was a bit concerned. It's an open garage.
Are we going to be faced with that sort of thing? I guess, that's it.
Chairman Regalado: Thank you.
Ms. Babic: Thank you.
Chairman Regalado: Anybody else on this item?
Vice Chairman Winton: Can I ask what her name is again? Ma'am, what's your name again?
Babic?
122 November 19, 2002
Ms. Babic: My name?
Vice Chairman Winton: Uh-huh.
Ms. Babic: Rosalie Babic.
Mr. Maxwell: Excuse me, can you place that on the record? Speak into the microphone, please,
Ms. Babic?
Ms. Babic: I apologize. It's Rosalie Babic, B -A -B -I -C.
Vice Chairman Winton: Thank you very much.
Ms. Babic: You're welcome.
Sallye Jude: Sallye Jude, 200 Edgewater Drive. I would like to suggest that you protect your
right to continue the bay walk some time in the future. I think that that is an important item for
us to always keep in place when we're building out a project, and it's something that maybe
doesn't have to happen right now -- we haven't completed the bay walk -- but I would reserve
that option. Thank you.
Chairman Regalado: Thank you.
Commissioner Teele: Ms. Jude, what do you recommend?
Ms. Jude: I'm saying that in the future we need to have a continuous bay walk along the bay
there, and right now they're saying is that their bay walk will be for the people who are in their
condominiums, and when we develop a bay walk and it is a continuous opportunity for people to
walk along the bay, that you should have a right to ask them to be a part of that.
Vice Chairman Winton: The point there is that you would require the developers that are
building on the bay to build a bay walk, but because it doesn't go anywhere right now, you
would allow them to keep it private, but if you ever had the ability to create connectivity,
because 20 years down the road, after it's all developed, you were able to end up with a
continuous bay walk, then as a part of the documentation, you would require each of those
property owners along there --
Ms. Jude: Right.
Vice Chairman Winton: -- that have developed and put in a bay walk behind their properties,
you would require them to all open it up so that you would have a continuous bay walk. Is that
what you're saying?
Ms. Jude: Exactly. Thank you.
123 November 19, 2002
Chairman Regalado: Thank you. Anybody else? OK, being none -- anybody? No. Are you
coming to the podium or --? You are? Oh, OK, public hearing is closed. Any comments,
questions, a motion?
Vice Chairman Winton: What is the parking again? What's -- how many parking spaces do we
have and how many units do we have?
Ms. Pardo: Do you want me to address that? We have 55 units and there are 76 parking spaces,
so we have 1.45 spaces per every unit, and the required parking is 1 space per every unit, for this
district.
Vice Chairman Winton: Well, how many bedrooms are these units?
Ms. Pardo: They're loft units, so there's one closed bedroom.
Vice Chairman Winton: I'm sorry?
Ms. Pardo: One closed bedroom.
Vice Chairman Winton: For every unit? So you don't have a three-bedroom unit or two-
bedroom unit or --
Ms. Pardo: I'm going to ask the architect to confirm that.
Mr. Zyscovich: There is one three-bedroom for the penthouse.
Vice Chairman Winton: And that's it.
Mr. Zyscovich: Yes.
Vice Chairman Winton: And the rest of them are open lofts with one enclosed bedroom.
Mr. Zyscovich: Correct.
Vice Chairman Winton: Because the concern that Ms. Babic brought up, in -- particularly, in
that neighborhood, is very, very real. I mean, those are -- all of those streets along there are
extremely narrow; 25th happens to be a little wider. In fact, you'd think that 25th is wide, but it's
wide only relative to how narrow the rest of the streets are, so if we're not real careful how we
deal with this parking issue in that neighborhood, we're going to end up with a mess that's
absolutely equivalent to the mess on South Beach, and Ms. Babic, if it were up to me, as a
Commissioner, we wouldn't have any of these high-rises being built in Edgewater, but
unfortunately, in the mid -80's, the neighbors in the neighborhood -- because the neighborhood
was depressed -- came to the City Commission and said, "We want you to up -zone our
neighborhood," which then started the movement of bulldozers to tear down some of the best
architectural single-family homes in this entire City, and now then there are very few of them
left, so we, as Commissioners, are up here left with the mess, and the mess is high-rises going
124 November 19, 2002
into a neighborhood where, frankly, it should have stayed low-rise, but we cant do anything
about that piece of it, so our job is to do the best that we can with what the neighbors in the
neighborhood wanted to have happen, you know, almost 20 years ago, and to create, to attract
developers who will develop good-looking projects that fit as best as you can make those kind of
projects fit within this neighborhood, so -- you were going to say something?
Dena Bianchino (Assistant City Manager): In the plans that are in your book, they're showing
two-bedroom units. There's two one -bedrooms and two two -bedrooms per floor, and I wanted to
make sure that the Commission has the correct information on that.
Ms. Pardo: We're confirming on that.
Vice Chairman Winton: And this issue isn't -- I'm sorry.
Mr. Zyscovich: There's a labeling to address that issue.
Vice Chairman Winton: There's a what?
Mr. Zyscovich: There's a labeling issue. The size of the loft is equivalent to the size of a two-
bedroom, but it's one bedroom enclosed. It's a realtor thing, I'm sure you can understand. They
want us to have the label occur in a particular way, but in terms of the plans, they're going to
reflect a one -bedroom unit but they have more than the average amount of square feet than you
would find in a one -bedroom unit, which is what we're saying is the density that we're
proposing. Rather than go for the maximum density, we've created less density with bigger
units.
Vice Chairman Winton: A lower density, right. OK.
Ms. Pardo: And if I could just add, even if you do consider them two -bedrooms, pursuant to this
particular zoning district, it's the same zoning requirements for parking spaces for one bedroom
or two-bedroom, that doesn't change in this particular district.
Vice Chairman Winton: Which from a planning standpoint, we probably ought to look at
because if you end up with a whole host of these high-rise projects in that neighborhood, which
is kind of where this neighborhood is going, that isn't going to work.
Ms. Slazyk: That's exactly what we're doing, we're looking at SD -20 right now. At the time
SD -20 was written, the parking reduction was put in place as a way to incentivize development
in the district. The market has since taken care of that, this is probably one of the hottest areas of
the City right now, and in our amendment to SD -20, that is one of the issues we're taken care of.
Vice Chairman Winton: And when do we get that?
Ms. Slazyk The amendment is -- there's a draft form done already. We're getting some
community input now. We'll probably have it at Planning Board within the next 60 days.
125 November 19, 2002
Vice Chairman Winton: OK, good.
Ms. Slazyk: OK.
Vice Chairman Winton: Now how about the bay walk issue? And frankly, I've said this to a lot
of developers that are looking in that area, that as far as I'm concerned, they ought to be required
to put the bay walk in and that at some point in the future, if we ever get connectivity, we ought
to open it up to the public because that's going to be a great amenity for everybody in the
neighborhood and our entire City and it's a kind of long-term commitment we want to get. I
don't know if staff has even -- if that's entered into anything here or not, but I think it's a real
issue here.
Ms. Slazyk: The reason that we did not concur with that recommendation of the Shoreline
Development Review Committee, is because the base zoning district here is residential, it's not
commercial. Where we have the mandatory bay and river walk you're going to find those in the
downtown area and up the river to the 5th Street Bridge, which is considered a more commercial
urban -type situation. To introduce it here then the arguments going to be it should probably be
introduced down Brickell all the way south, and all those Brickell condominiums should also put
a piece of a bay walk in and it becomes a --
Vice Chairman Winton: They've already built their projects, you can't do that now. These are
new projects that are being developed as we speak.
Ms. Slazyk Right.
Vice Chairman Winton: I mean, there is a radical difference between stuff that's been already
built, they're not going to tear down the high-rises on Brickell Avenue.
Ms. Slazyk No, it's not tearing down the high-rises. It's a piece of the bay walk, but a lot of the
northeast already has buildings up on the water as well, so it's a matter of if everyone puts it in --
Vice Chairman Winton: That is not true. There are very few projects in Edgewater that are
high-rise on the water, and most of those that are on the water, where you don't have
development yet, there's some smaller ones that are scattered through there on the water, those
are all going to be torn down. It's the high-rises that are at the north end of 36th Street up there,
where you're not going to be able to get this, so you know then -- unless you convince them of
something different over time, but from the park, from Margaret Pace Park, north to essentially
the Hamilton, you could end up with a continuous bay walk over the course of the next 20 years.
Ms. Slazyk Yeah, I think it became an issue of -- this is primarily residential zoning and not
commercial, and it -- you know, and some of the properties they're small like this one and like
the sky residents that you saw, and they're all putting a piece of a bay walk in, but it becomes a
security issue for them to have it all open in the back, because they have ground level -- their
swimming pools are right there, and I guess we felt it was a little bit different here than in the
urban downtown and on the river, but if, you know, if the Commission --
126 November 19, 2002
Mr. Zyscovich: Commissioner, I think that there's also another issue, which is, as you recall in
the master plan that we did for the City, we were recommending that the street ends be opened to
the public and that those elements be pushed back. One of the problems that comes from the bay
walk in a residential area is exactly what Lourdes said. When that needs to be open to the public,
what happens is the development community puts the pools up on the podium and then the
podium gets shoved right up to -- as close to the bay as can be, and the bay walk becomes and
experience of walking between the bay and a parking podium, which is not particularly desirable,
so there's a built-in conflict, which does need to be addressed.
Vice Chairman Winton: You don't want the rollerbladers [sic] to come from downtown and go
for a swim in your pool, while they're going along there, I guess, so, I guess there are some
practical limitations here.
Mr. Zyscovich: There are some issues there.
Chairman Regalado: OK. Public hearing is closed.
Vice Chairman Winton: I would move the recommendation of staff.
Commissioner Gonzalez: Second.
Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-1243
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13, AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE BAY 25 PROJECT, TO BE LOCATED
AT APPROXIMATELY 704-712 NORTHEAST 25TH STREET, MIAMI,
FLORIDA, TO BE COMPRISED OF A RESIDENTIAL COMPLEX, WITH
NO MORE THAN 55 UNITS, WITH ACCESSORY RECREATIONAL
SPACE, AND APPROXIMATELY 75 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.
127 November 19, 2002
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman.
Ms. Pardo: Thank you.
Chairman Regalado: Yes, sir.
Commissioner Teele: I think the concern, Commissioner Winton, that you've -- that one of your
constituents has raised is a very real concern, and I think we need to go back and look, and I
don't mind saying it, you know -- my district has been victimized by the poor land use in some
considerations based upon a different era, and it all gets down to parking, and we're getting
ready to plan a mess in the Edgewater area, if we don't go back and look at those parking
requirements. Those streets are already -- cars parked on both sides, cars parked on the
sidewalk, all through the Edgewater area, between Biscayne Boulevard and the bay, and I don't
know, Commissioner Winton, where you are but, you know, to say one parking space per
building and it may be a three -unit, is really just --
Vice Chairman Winton: Well, but I thought staff answered me. They're doing an overlay and
they're going to be back to -- they'll be at the Planning Advisory Board within 60 days, which
means, within 90, it's going to be to us, I think, so -- I mean, I was --
Commissioner Teele: Then I may be -- is the SD -20 --
Ms. Slazyk: Yes, SD -20 is the overlay that's already in place here, and if you look at --
Commissioner Teele: And that's what you all are going to review, as it relates to parking?
Ms. Slazyk Yes. All that SD (Special District) did was raise the FAR (Floor Area Ratio) a little
bit and lower the parking, and it was an incentive overlay that, you know, the market has begun
to take care of.
Commissioner Teele: Well, if Commissioner Winton, I mean, Commissioner Winton then had
said that your reference to SD -20 is this area?
128 November 19, 2002
Ms. Slazyk: Yes.
Commissioner Teele: OK, then you're right.
Vice Chairman Winton: And you are coming back, I mean, we're going to fix this problem.
Ms. Slazyk: Yes. There are two things coming back: one is the SD -20 amendment, and the
other is looking at the SD -20 on the boulevard with some different recommendations for
boulevard frontage property, so you're going to be seeing a couple different things addressing
the SD -20 area very soon.
Vice Chairman Winton: So -- and that will then take care of Ms. Babic's concern about --
Ms. Slazyk: The parking issue. Absolutely.
Vice Chairman Winton: OK, great.
46. COMMENTS BY CHAIRMAN REGALADO REGARDING INCORPORATING
CULTURAL AND HISTORIC EVENTS AT MANUEL ARTIME COMMUNITY CENTER.
Chairman Regalado: OK, Lucia, I have to apologize. We have, at the request of Commissioner
Sanchez, for a time certain, but also that would be at four o'clock, in just one or two minutes.
Also we have a group of visitors here, and there is an item on the regular agenda that we could
have taken and we will take later on because it's an administration report. It's about the activity
report for the Manuel Artime Theater from the period October 2002 through September 2003,
because the City Commission wanted ideas, and because there was a discussion about the way
that the Artime was going, some very prominent members of the community decided to come
and listen, but they have a proposal for the City Commission and we have the honor of having
the widow of Manuel Artime Buesa here, and I think that one of you -- and I will give you a few
minutes before we go into the other details. I think that, Luisa, you wanted to address the City
Commission and propose something on behalf of this important group of residents and
prominent members of the community, so we will do this and then we will later on get the report
of the activities, which it will be longer, but we're short of time but we don't want to make you
wait all afternoon, and if we don't do it this way, you're going to have to be here for long, so,
Ms. Garcia -Toledo, you have --
Vicky Garcia -Toledo: Good afternoon, my name is Vicky Garcia -Toledo, and I am a board
member and also of the Executive Board of the Fundaci6n Artime, and also of MRR,
Movimiento de Recuperaci6n Revolucionaria. Just a second, I would like to have all the
members of both organizations, please, stand up (comments in Spanish not translated), also his
widow and his son. Thank you. I would like to say also that the day before yesterday, we
commemorated with a mass, the death of Dr. Manuel Artime and for 25 years now, and today it
was his burial, 25 years ago, so this day is bringing obviously very sad memories. I would like
to apologize if my presentation lacks in professionalism, but I found out just a few minutes ago
that I was going to be the person that was going to make the presentation because our vice
secretary, you know, for health reasons, had to leave. I would like to read briefly the names of
129 November 19, 2002
the organizations that function from the Manuel Artime Center: SALAD, the Spanish American
League Against Discrimination, Colegio de Periodistas, Child Care, Catholic Bureau Action,
Hogar del Ciego, Home of the blind, will be a rough translation; the Kidney Foundation, the
Haitian Board and the Miami Spanish Ballet. All these organizations serve a community
purpose. They are important. Their members or beneficiaries from their services are not
charged, so this is something that is really done for the community for all these needs. I do have
to say that all the members that are here from the MRR or the Artime Foundation speaking with
some Commissioners, it is obvious that this is a dedicated group of people, very well known and
versed in the community, and that we are able and willing to help in any way that we can, the
center, the Manuel Artime Center. Joint ventures, any kind of help that we can give and that we
may -- Commissioner Regalado, we talked to you a few minutes ago, and there were some ideas
brought up. We are able and willing to do that. Commissioner Sanchez has also been
tremendously responsive to our problem, and we are here just so you will see our faces and our
commitment to such a center and the importance of the Manuel Artime Center. It has a meaning,
it has a great deal of prestige. This is a name that means something to this community. The
center is very well placed in the heart of Little Havana and it can do wonders for this community,
and we are here to be jointly responsible for all the activities and try to get the center from the
financial problems that they are going through. We can have many activities from having classes
teaching from there, establishing endeavors that will really motivate and serve a purpose in the
community, and if you have any questions, I will be more than glad -- and if I cannot, I will get
one of these friends to come over and say it.
Chairman Regalado: I only have a question, and I think that this -- what you've done is -- was
the purpose of the Commission to hear from the community ideas to do more in the Artime
Theater, not in the complex, because the complex was never an issue of discussion. You know.
What we have there had been there for many years and it's going to stay, but we were talking
here on the theater itself, the activities on the theater, and my request to you -- and I'm sure that
Commissioner Sanchez, who will represent the area, would want to also hear that and read -- is
that if you can provide your ideas so that we can, in the future, try to incorporate this cultural and
historic events that the Artime foundation would be able to do it, and then decide how can the
City bring you in into the theater to do all these events, so if you can do that, send a copy to all
the members of the Commission and the Mayor, and then we'll bring it back in the agenda and
discuss how can the City -- because all these activities will be free, of course, it's a different
scenario than the other commercial shows that are shown at the Artime, so I was wondering if
you would do that, if you could do that?
Ms. Garcia -Toledo: By all means, I am being responsive also to Commissioner Sanchez that has
also a proposal, very creative ideas, and we would love to meet with you, anytime, any day, to
discuss this, so in such a way that not only we will be able to save the center, but make it more
productive and very well-known in the area of these civic endeavors.
Chairman Regalado: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, on -- since we're on the issue of the Manuel Artime
building, the theater, I am in possession of a letter written by the chairman of SALAD, which is
Osvaldo Soto. He has basically written a letter that has come to the attention that the City of
130 November 19, 2002
Miami is considering terminating the lease agreement for office space that is currently provided
to this fine organization over at the Manuel Artime Building. Where did that come about? Do
we have anyone from the City here on this issue?
Carlos Gimenez (City Manager): Yes, sir.
Christina Abrams: Hello, sir.
Commissioner Sanchez: Yes.
Ms. Abrams: No, there is no plans to terminate the --
Chairman Regalado: Your name?
Ms. Abrams: Christine Abrams, Director of Conference, Convention and Public Facilities, and
no, we have no intent of terminating that agreement.
Commissioner Sanchez: Thank you so much.
Chairman Regalado: OK. We will do the report, so thank you very much and we're --
Commissioner Sanchez: Thank you.
Ms. Garcia -Toledo: Would you let us know when this meeting will take place and we'll be more
than glad to --
Chairman Regalado: As soon as you send us, send the members of the Commission your ideas,
we'll put it back in the agenda and then we'll have a discussion, because I think -- I have seen
the work of the Artime foundation and I think you can bring to the Artime some important events
for the community.
Ms. Garcia -Toledo: Thank you very much.
Chairman Regalado: Thank you.
47. APPROVE LIST OF LEGISLATIVE INITIATIVE PRIORITIES FOR 2002-2003 STATE
OF FLORIDA LEGISLATURE WITH FOLLOWING DELETIONS: TRAFFIC FINES FOR
MAINTENANCE OF 800 MHz RADIO AND YEAR ROUND TENNIS PROGRAM.
Chairman Regalado: OK, Commissioner Sanchez, you have requested a time certain for the
legislative agenda.
Commissioner Sanchez: Thank you, Mr. Chairman. The Mayor and the Commissioners met at
the Orange Bowl to put together a legislative package for the year 2003. We all know the
situation in Tallahassee. We're basically getting ready for what's considered to be a perfect
storm in Tallahassee with the US (United States) economy being so bad, as well as the Florida
131 November 19, 2002
economy and the impact, and then, of course, the normal spending that concurred every year in
Tallahassee, which is an additional $1,300,000,000, and then of course all the constitutional
amendments that were passed that really people are scrambling to find our exactly how much
money the State is going to need to fulfill the wish of the voters, and basically, when you have a
Governor, they're saying we have to live within our means, and you have a house and a senate's
that's divided whether to raise taxes or even entertain the thought of legalizing gambling to try to
offset the big deficit that's heading to Tallahassee. You know, we have to figure out how the
State is going to pay for the Pre -K, for the reducing class size, for the Article 5, which is
basically telling the cities that you basically going to have to pay for your local courts. Then
again, not to even mention the bullet train that was approved and they don't even know how
many millions and millions that's going to take, so we anticipate about a $3,200,000,000 deficit
in Tallahassee, so basically what -- we put this package together, we put together the priorities
that we felt in Tallahassee we would have luck passing some of these bills, and looking through
it, there are a couple of bills that I, as the liaison between the City of Miami and the lobbying
team, I could -- basically would like to make a recommendation to this legislative body. You
know, we basically focus on the bills that aren't going to have an impact to the State because
they've made it very clear this is not the year to go up to Tallahassee and try to obtain funds and
take away funds from their revenue, being that we are a sales tax generating State, so there are
three issues here that I would like to open up for discussion with my colleagues that presented
the idea of putting this package together. One of them is the traffic fines for maintaining the 800
megahertz radio system. This legislation has gone to Tallahassee twice, twice it's been vetoed by
the State. Once again, it always has a strong opposition from the county, and there's just a
strong opposition from just about a lot of people up there that basically are saying well if it goes
on in Dade County, we're going to have to end up picking the burden up in different counties, so
that one I would recommend that we would take out of the package and then of course, we're
talking about the Law Enforcement Training Facility, and on that one we did some
brainstorming, and what I'm asking the -- this legislative body's to direct the City Manager, and
maybe get the Chief of Police and get the organizations to meet with the Florida Highway Patrol
and FDLE (Florida Department of Law Enforcement), and other local agencies to get it in their --
get their participation; get the State agencies participating in this effort because, basically, we're
going to have to sell it as a regional training facility. I mean, it's just not going to fly being a
City facility. It's either going to have to be a regional training facility or an international training
facility, and looking through the other one, there's another issue here, which basically it's a year-
round tennis program, which is $100,000; that's basically a local issue. We could fund that
somehow through the City because right now what's happening with the FDRAAP, which is the
Florida Recreation Development Assistance Program, we have two grants and we're limited, and
we already have two grants up there; one is for the Verrick gym and the other one is for Lemon
City, and once again, the Governor said that if it doesn't go through that program, he will veto
and he's done that traditionally, so these are just my recommendations being that the legislative
body has entrusted me to be the legislative body or the voice -- so that's just the ideas that I have.
I thank you for responding back and giving your ideas. I think it's very productive, but once
again, I'm telling you, it's not a year to go up to Tallahassee and ask for money. I mean, I was
shocked to find out that the Florida Constitution, since 1968, has been amended 110 times. That
is shocking to look at our -- this great nation's constitution, which is almost 215 years and it's
only been amended 27 times, and that was the first couple of years just to fine-tune it, but once
again, these constitutional amendments are being put out and voters are voting for it and then of
132 November 19, 2002
course, the legislators up there have to scramble to find the money, so I consider this to be the
perfect storm in Tallahassee and the Governor has said that we have to live within our means, the
House Speaker said that he's not going to raise taxes, and then you know, we have the House and
the Senate divided on this issue; so basically what I would like to have is input from this
legislative body as to this package, which I think it's a professional package put together, and I
like the title, "2003 Antipoverty State Legislative Initiative." I just, you know, we have to
approve this to go ahead and send it to Tallahassee.
Chairman Regalado: Commissioner Sanchez -- oh, go ahead.
Commissioner Winton: On the extension of the parking surcharge, this suggest to me that the
intent is to going to be to extend the parking surcharge beyond 6/30/06, and the question I have
is, what are the parameters under which we're suggesting this be extended? Because one of the
things we've discussed over and over again, I'm not -- I think that the parking operators wouldn't
be nearly as significantly opposed to this if this parking surcharge was in the neighborhood of 10
or 12 percent versus 20, number one. Number two, I think we have to revisit what the revenue
can be used for from the parking surcharge, and I think the parking surcharge revenue ought to
be limited to two things: should be limited to providing infrastructure improvements within the
whole area that it's collected from, and could be utilized as well as a dedicated -- and we need to
look into this, I don't know if this works, but if it works, to be utilized at a dedicated source of
funding that might allow us to attract some of our own federal transportation dollars that could
stack on top of the transportation dollars that we're going to get as result of the half penny sales
tax, and I think if the parking surcharge or at least I have a sense that if those were the conditions
under which this money could be spent, I think we wouldn't have -- if it was a lower amount and
we had it earmarked for things that were going to improve the lot in life of the people that are
paying the tax, that the opposition might not be as strong, but we haven't discussed any of those
things so that's why I was kind of -- you know, when I was looking at this thing, well how we --
what's the pitch we're going to be making when we get to Tallahassee?
Commissioner Sanchez: Well, we don't -- our lobbying team is not here today. He was here
earlier, but he had to take off, and of course, Rhonda is also in Tallahassee, so I don't have
anyone here. Is there anyone that could answer that question?
Carlos Gimenez (City Manager): Commissioner, I think that some of the things that we
discussed is, first of all, it needs to be put into a different chapter a different area of the chapter
because that's part of the settlement that we have with the operators. There is probably -- the
sense that I got one when I was up working on this issue a couple years ago was that the
legislators, if they are inclined to do this, are inclined to do this with a voter referendum in the
city imposing it, so, you know, you've got a -- I think, get some kind of hook into the voters to
make something for that, OK? And I also -- we also talked about the, you know, bifurcating it so
that portions of it would go to tax relief and then portions of it would go for infrastructure, and so
I mean, that's the way I viewed it when I was there, and you know, but that's going to be a
policy decision from the Board as to exactly what kind of pitch you want our lobbying team to
make, but again, that's the way I saw things when I was up there a couple years ago on this issue.
133 November 19, 2002
Commissioner Sanchez: Well, it's been my understanding that it's always been focusing on
infrastructure and tax relief.
Mr. Gimenez: Well, no, it was -- this is focused -- right now it's focused on tax relief, it's
focused on reduction of debt and building reserves, because it was part of our emergency, but
now that we've got a debt or our reserves up to a certain level, you may want to go ahead and
start dedicating some of the money to infrastructure, but again, personally, I think that in order to
get it sold with the citizens -- because I think that's going to be part of it, too, when the
legislature says OK, there has to be -- it has to be tied to some kind of tax relief, which we had
provided.
Commissioner Sanchez: Any other questions on the legislative package?
Chairman Regalado: Yeah, I have just a comment. My --
Commissioner Winton: Is it on this issue or is it on the parking surcharge?
Chairman Regalado: No, no.
Commissioner Winton: Before we go away from that, if this is the package that's going to
Tallahassee, it'll be going when? Within another month, right, Joe?
Commissioner Sanchez: Yeah. I mean, we just have to get it up there as quickly as possible --
Commissioner Winton: Yeah.
Commissioner Sanchez: -- and get the ball rolling around.
Commissioner Winton: So this parking surcharge issue is crucial because I can tell you from
where I sit, I'm not going to support this parking surcharge at all if there aren't some real limits
put on this thing. I'm not going to support it at all. I would rather see it sunset and we end up
with a giant tax that disappears out of downtown, that's had a significant negative impact on
downtown. It's had a great impact on our City and everybody's heard me say that, but from a
business standpoint downtown, it's awful, and so if we don't have a very specific plan that we're
supporting on this, then I'm going to be calling people personally and saying: "Don't support the
parking surcharge. Let it go away."
Mr. Gimenez: I agree and I wasn't talking about what kind of rate it was 20 percent or 10
percent whatever. I'm just saying that the components of it, the way I see it, needs to have a
couple different components because I do believe it's going to go back to the people to vote on it.
Commissioner Sanchez: Oh, absolutely, but let's -- we could pass it in principle and then we
could come back with the additional information that you want pertaining to this specific bill
which is the parking surcharge.
134 November 19, 2002
Commissioner Winton: Yeah, if we could come back in the December meeting and make
decisions about what we're really selling up there, and that timing should still work, right?
Commissioner Sanchez: Yeah.
Commissioner Winton: Then I'm OK leaving it on here, and then we'll talk about how it ought
to be structured and the amount and what it's used for, and all that jazz in the December meeting,
then I'm fine with this.
Commissioner Sanchez: So would you like to defer it or we'll pass it in principle and come back
Commissioner Winton: No, you can just -- we'll pass this and leave it on here as is and bring it
with the condition that we're bringing it back in December to tie down how much and what it
can be used for.
Commissioner Sanchez: Point well taken. Any other questions?
Commissioner Teele: On that point, Johnny, I think it will be worth your time if you would sit
down with the County and see if the County would be interested in working with it in the context
that you're talking about. There is no reason -- the parking surcharge is the best thing that
happens to any city that is getting people in that are leaving at 5 o'clock, 6 o'clock, or any
community, and it may be that the parking surcharge, countywide, with a carve out for cities,
could be the best compromise, and let that be a part of the package for dedicated source of
funding for transit and transportation for the County, and as it relates to municipalities, that the
funds must be used, either for transportation or public work. I have no problem at all limiting
this to transportation, public works, without regard to perhaps the issue that the Manager talked
about; if you've got a referendum, then you possibly need that reduction, or something the public
can understand, but the fact to the matter is, the ugly secret is probably close to 80 percent -- 75
to 80 percent of this tax is paid by people who don't live in the City of Miami, and that's sort of
how we got started on this thing and -- say again?
Commissioner Sanchez: That's how we were able to sell it.
Commissioner Winton: And if, but however, it may be how we're able to sell it, but I can tell
you that the damned -- the office buildings downtown are going -- you know, their occupancies
are going down, down, down. That's going to have a long-term impact on us.
Commissioner Teele: And further, I'm in total agreement with you that we ought to agree if we
going to extend this to limit it to 10 percent. It's no need in going beyond 10 percent, and I think
that would -- but I would hope that we could meet with the parking people and get them to agree
to that, because you know, sometimes you agree to something they said 10 percent then you get
the 10, and they say we want it to go away, so I mean, there ought to be some dialog with them
and I would urge the Manager to talk to the parking people, and see if that -- but I think there is a
potential of a win-win for everybody. A win for the cities, the major cities, Miami Beach, you
know. I don't think Miami Beach would have a problem, not speaking for them, but they
135 November 19, 2002
wouldn't have a problem imposing this if the money were going to go for transportation.
They've got a huge deficit with their wave or what is it -- their bus -- the electric wave, so I
mean, this is a way to help them fund that; it's a way to help us fund our road improvements and
all that, and for the County it's a way to add more into the transit trust fund, so I think we ought
to do that, but I for one, am opposed to this continuing without it being tied to some clear benefit
related to transportation, public works or infrastructure.
Commissioner Winton: I'll try to -- I'll get a meeting set up with someone from the County
before our December meeting and report back on that.
Commissioner Sanchez: Any other questions?
Chairman Regalado: Just a comment. My two priorities don't cost money, so I would urge you
to try to push this because you know, for at least one of them, for the State legislature that
represent Miami Dade County, it's a win-win situation which is giving municipalities more --
local government more power to regulate the adult living facilities located within their
jurisdictions boundaries, and the reason is that they too received many complaints, and whenever
in the future they would receive complaints, they would be able to say: "Well, you know, it's the
City; it's not about the State," so I think in this -- this is a very conservative, young, aggressive
legislature. I would urge you to take their attention this matter because, Joe, if we don't do this,
we are going to see many neighborhoods destroyed by ALF (Adult Living Facility) continue
appearing in every block of the City.
Commissioner Teele: How many do we have in the City of Miami?
Chairman Regalado: Well, I don't know how many do we have. I do know that in District 4 we
have 79.
Commissioner Teele: Well, let me tell you what I would recommend. I would recommend
rather than having legislation broadly, like you're suggesting it, you limit it to cities that have
over "X" number of facilities, and I think what you're going to find is if you say any city that has
over 250 such facilities, has the right to regulate, it's going to have a lot more of a ring than just
saying any city, because --
Chairman Regalado: Well, that's true because the cities that do have a lot of these are the cities
in South Florida, especially in Miami -Dade County, and especially Miami and Hialeah.
Commissioner Teele: Well, I just think if a legislator looks down and says, "Well, Jesus, my
goodness, if they've already gotten 250, why should they be required to have any more or some
number?" I would assume that the City of Miami knows how many we have. If we don't, we
ought to try to find out, Mr. Manager. Do we have any idea?
Mr. Gimenez: We've been working on that. Ana, what's the number?
Ana Gelabert (Director, Department of Planning and Zoning): I believe we have approximately
200.
136 November 19, 2002
Commissioner Teele: Approximately 200?
Ms. Gelabert: That's right.
Mr. Gimenez: Is this also the ones that have less than 6 adults?
Ms. Gelabert: Those are from 7 to 14.
Chairman Regalado: No, no.
Mr. Arriola: 7 to 14, but so -- see we don't -- less than 6. Do we have the figures for anybody
less than 6?
Ms. Gelabert: Yes, I'm being told up to 6 and from 7 to 14.
Mr. Arriola: 200?
Ms. Gelabert: Yes, 200, sir.
Chairman Regalado: And wait a minute, how about those that are grandfathered already, are you
counting them? Ana?
Ms. Gelabert: Let me ask the Zoning Administrator. He's the one that is dealing with them
now.
Commissioner Teele: Yeah, let him get on the record, put his --
Ms. Gelabert: Juan Gonzalez.
Juan Gonzalez: Yeah, Juan Gonzalez, Planning and Zoning. I would say approximately 200,
and those are the up to 6 in R-1 and from 7 to 14 in R-2. That's not counting more than 14.
Mr. Gimenez: How many do we have that are more than 14?
Mr. Gonzalez: I would say about 25 to 30.
Mr. Gimenez: So total is about 230.
Mr. Gonzalez: About 230.
Chairman Regalado: So I would think -- you know, including those that are grandfathered, those
buildings?
Mr. Gonzalez: Including those that we're there before the chapter 4-19, the State Code came in,
yes.
137 November 19, 2002
Commissioner Teele: And excuse me, but what does the chapter 4-19 provide now?
Mr. Gonzalez: It provides for distance requirements. The State sets a standard; basically 1000
feet in R-1 and 1200 feet in R-2.
Commissioner Teele: So the State preempts our zoning ability?
Mr. Gonzalez: Yes, sir.
Chairman Regalado: See? That's what I'm saying.
Mr. Gonzalez: For distance requirements, yes.
Chairman Regalado: That's what I'm saying.
Commissioner Teele: And what I'm saying, Tomas, rather than trying to unilaterally just go back
and take it back from the State, this says any city that has over 125 or 150, shall have the right to
zone, and that way, you know, it's not like we're not willing to pay our price --
Chairman Regalado: Makes sense.
Commissioner Teele: -- of citizenship, but at some point there is some number that everybody's
going to say, "We'll, that's too many."
Chairman Regalado: But let me tell you why this is important, because see, the number that she
gave you is the official number, but it's not the real number, and the reason that it's not the real
number is because if you drive by ALF, the house next to it is used as a warehouse for cooking,
not to house patients, but is used to cook and to store some furniture and all that, because it's next
to my house, I know it because they bought a house, and they bought the house next to it,
because they need to cook there and they need to bring the food and they have their refrigerators
and the air condition that they always are changing back and forth, so we're talking of more than
200 structures, adult living facilities.
Commissioner Teele: Well, I'm in full agreement with you. I just think that if we could figure
out a rational basis for the policy that you're asking for, we're going to have a much easier time -
Chairman Regalado: No, I agree.
Commissioner Teele: -- selling it.
Chairman Regalado: No, I agree.
Commissioner Teele: And just to say that Apopka and, you know, (UNINTELLIGIBLE) and all
these other cities are --
138 November 19, 2002
Chairman Regalado: And I think that Commissioner Sanchez, you know, should make the
decision in talking to State representative when he's up there, you know, about this idea. I think
it would work; I think it would narrow the scope. I think that many legislatures would go for it,
but I'll tell you something, the legislature that do represent Dade County, for sure they would be
happy to sponsor this kind of legislation because we're getting them off the hook.
Commissioner Teele: Is there a list of --
Mr. Gonzalez: ALFs.
Commissioner Teele: Adult Living Facilities?
Mr. Gonzalez: Yes, sir, we're updated every -- about approximately every three months.
Commissioner Teele: Is there a statewide list?
Mr. Gonzalez: Yes, there is.
Commissioner Teele: Is there any city that has more than Miami? What about Jacksonville?
Mr. Gonzalez: Well, no, all we get is Dade County. We get by zip code the cities in Dade
County; I don't get Jacksonville.
Commissioner Teele: But isn't there someplace in Tallahassee that keeps a list?
Mr. Gonzalez: Oh, yes, probably Department of Children and Family Services.
Mr. Gimenez: Jacksonville is the County though, it's a whole county.
Chairman Regalado: Jacksonville is big.
Commissioner Teele: Well, I think we ought to look at what's going on in Jacksonville. I mean,
let's see if there's an interest there as well.
Mr. Gimenez: Commissioner, it may be also that another way to skin this cat may be to increase
the distance requirements on the zoning. Right now it's what, 1000 feet? Juan?
Mr. Gonzalez: Yes, sir, we basically copy the State requirements; it's 1,000 feet facilities up to 6
and 1,200 from 7 to 14.
Mr. Gimenez: Another way to reduce the number made increase the distance requirements you
know, the 2,000 feet, 2,500 feet for -- et cetera, then that would automatically reduce the number
that you can have.
139 November 19, 2002
Mr. Gonzalez: We do have for over 14, there is a 2500 -foot requirement that we put -- the City
has put in.
Chairman Regalado: Thank you, and the other, Commissioner Gonzalez?
Commissioner Gonzalez: No, I -- thought you were going to close the discussion.
Chairman Regalado: No, and the other priority is, we were told, forget it, but if you remember
Tom Gallagher, who's now the Chief Financial Officer of the State of Florida, and who was the
Insurance Commissioner, wrote an editorial article in the Miami Herald asking the voters to
abolish the three-person arbitration panel.
Commissioner Sanchez: That's in here.
Chairman Regalado: Yeah, that's one of my two, the two things that I request, I say probably it
doesn't stand a chance, but I think we should do the backup because insurance is one of the
issues that is hurting a lot of the people in the City of Miami. Commissioner Gonzalez.
Commissioner Gonzalez: Are we done with this item?
Commissioner Sanchez: No, Mr. Chairman, what we're asking is for you to approve this
package, but then I asked that two items be removed from it; that's the traffic fine for
maintenance of the 800 -megahertz radio, and the other one was initially, it's really a local issue,
and that is the year-round tennis program and earlier I gave you the reasoning why I think both
of these items should be removed from the package. Also an item that was removed from the
package that's not here, was taking the sales tax on the tickets at the Orange Bowl, which
basically we've sent that bill up to Tallahassee for the last two legislation, and of course, it's
gotten vetoed and for sure, it doesn't stand a chance this time, so those are the items that have
been moved, and what I'm asking is for the Commission to approve the legislative 2003
Antipoverty State Legislative Initiative Package. So move.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion. Do we have a second?
Commissioner Gonzalez: Second.
Chairman Regalado: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
140 November 19, 2002
The following motion was introduced by Commissioner Sanchez, who moved for its adoption,
MOTION NO. 02-1244
A MOTION TO APPROVE THE LIST OF LEGISLATIVE INITIATIVE
PRIORITIES FOR THE 2002-2003 STATE OF FLORIDA LEGISLATURE
WITH THE FOLLOWING DELETIONS:
1. TRAFFIC FINES FOR MAINTENANCE OF THE 800 MHz RADIO;
2. YEAR ROUND TENNIS PROGRAM.
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. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCES
RELATED TO PORTION OF SEWELL PARK AT 1815-1825 N.W. SOUTH RIVER DRIVE
TO CHANGE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN LAND USE
DESIGNATION FROM CONSERVATION TO RECREATION AND CHANGE ZONING
ATLAS FROM CONSERVATION TO PARKS AND RECREATION IN ORDER TO ALLOW
CITY POLICE HORSE STABLES.
INSTRUCT MANAGER TO DIRECT POLICE CHIEF TO PREPARE COMPREHENSIVE
PLAN TO ATTACK CRIMINAL PROBLEMS CURRENTLY BESETTING SEWELL PARK
AND ROBERT KING HIGH PARK; MANAGER TO BRING BACK SAID PLAN TO
COMMISSION.
Chairman Regalado: Commissioner Gonzalez.
Commissioner Gonzalez: Mr. Chairman, yes, we have ex -Commissioner Willie Gort here in
chambers, and if my colleagues will allow me, I would like to bring up PZ -4, so Commissioner
Gort can leave because he want to speak on the item.
Chairman Regalado: OK, one second. OK, after we do PZ -4, we have the Mayor with a
presentation on the budget amendment, so as soon as we do PZ -4, we'll be having this
presentation. PZ -4 it's, to amend Ordinance 10544 from conservation to recreation to change the
141 November 19, 2002
future land use designation of the Comprehensive Neighborhood Plan, 1815-1825 Northwest
South River Drive, Sewell Park.
Commissioner Teele: It's a companion item with 5.
Chairman Regalado: It's a companion item with 5.
Commissioner Gonzalez: That's correct.
Chairman Regalado: This is a public hearing
Commissioner Gonzalez: PZ -4 and PZ -5.
Gregory Gay (Planning and Zoning): Good afternoon, Chairman, members of the Commission.
My name is Gregory Gay, City of Miami Planning and Zoning Department. I'm here to present
for you today, PZ -4 and 5, which are companion items. It is the land use and zoning change for
Sewell Park. Sewell Park is basically a park that is located on the Miami River just west of
Northwest 17th Avenue. The park is presently zoned conservation. It is a 10.3 acre park, and we
are looking at amending the zoning in the land -use to allow for a portion of the park to be zoned
Parks and Recreation. Under this change in the zoning, it will allow for additional park related
uses and park amenities to occur on the park site as well as allow for additional City staff to
monitor the park. If you have -- I'm pretty sure you have within your package, a mapping
showing the illustration of the park. The area that we're looking at changing in the zoning is the
southern portion of the park; it is approximately 2.3 acres or about 21 to 22 percent of the entire
site of the park. It is a portion of the park that is somewhat landscaped, but through the works of
our Public Works Department, we are looking at trying to construct a facility for the Police
Department to utilize and relocate their equestrian facilities at this particular park. We have an
illustration here. It'll be a park -- the facility will be approximately, the offices, 2,000 square
feet; additionally, we will have about 23 stables; out of those 23 stables, 20 of them will be
utilized for the horses and the additional three would be used for storage and a tack room. Also
as a part of the amenities, we're looking at utilizing a portion of the park for the -- kind of like a
facility for kids where they can actually have equestrian activities and learn about how the police
officers train these particular horses on this particular site. We do have additional illustrations,
basically showing that through the design of the facilities, we were trying not to remove any of
the trees that are a part of the park facilities as the plan right now, and at the same time, we're
looking at recessing the fence, that will be the perimeter around the park, pulling that further into
the site of the park, so in essence, we're reducing the size that this particular facility will have as
it relates to an impact on the park and make it approximately a two -acre facility versus a 2.3 acre
facility. There will be public access throughout the entire site around the park. On this previous
illustration here, you have a large green -- light green area, which is the public access area, and
then you have a smaller green space which is the site where the equestrian facility will be
relocated.
Chairman Regalado: OK, we need to --
Commissioner Gonzalez: OK, now, Mr. Chairman, before we --
142 November 19, 2002
Chairman Regalado: We need to swear the people because some people have come in and --
anybody who will be addressing the Commission on this PZ item and other PZ items needs to be
swear. We have -- the persons that have come in just a few minutes ago. Madam City Clerk.
Priscilla A. Thompson (City Clerk): Has everyone -- who's going to be speaking needs to be
sworn in. I'm sorry, I can't see you. Thank you. Will you raise your right hands? Thank you.
The City Clerk administered required oath under City Code Section G2-1 to those persons giving
testimony on zoning issues.
Ms. Thompson: Thank you.
Chairman Regalado: OK, Commissioner Gonzalez.
Commissioner Gonzalez: Yes, I want to ask a question of the City Attorney or -- we have to
have two readings in this ordinance, right?
Joel Maxwell (Deputy City Attorney): Yes, sir.
Commissioner Gonzalez: All right, so --
Mr. Maxwell: Both of them; they're companion ordinance.
Commissioner Gonzalez: I beg your pardon?
Mr. Maxwell: Two readings of both of them.
Commissioner Gonzalez: On both of them?
Mr. Maxwell: Yes, sir.
Commissioner Gonzalez: And we can have one reading today and another reading on another
date, we don't have to have them both today, right?
Mr. Maxwell: You cannot have both of them today.
Commissioner Gonzalez: Oh, we can't, OK, great.
Mr. Maxwell: When I say you can't have both, I mean, you cannot -- they're actually two
ordinances.
Commissioner Gonzalez: Right.
Mr. Maxwell: You have to have both ordinances on two different days.
143 November 19, 2002
Commissioner Gonzalez: All right, thank you. OK, Mr. Chairman.
Chairman Regalado: OK.
Mr. Maxwell: Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Maxwell: Before you take testimony or allow public input, could I read my statement into
the record, please?
Chairman Regalado: Absolutely. Go ahead.
Mr. Maxwell: I just want to indicate on the record that this office and the City Clerk are in
receipt of an unsolicited email that was sent to Commissioner Sanchez on this item. Because of
the Jennings rules, we have placed a memo, with a copy of the email into the public record; the
City Clerk has it, it is available for public view. The Commissioner did not respond to this; it
was unilateral, but for purposes of the record, we want to enter that.
Chairman Regalado: OK, thank you.
Mr. Maxwell: And any member of the public can get a copy from the City Clerk at City Clerk's
Office.
Chairman Regalado: OK, this is a public hearing. We open the public hearing. Sir, your name?
Jim Broton: Yes, my name Jim Broton. I live at 951 Northwest 10th Court. I'm here today
speaking as a member of Friends of Sewell Park, a newly formed group of concerned citizens,
who are committed to working with the City administration and with the police to find creative
solutions to the crime problem in Sewell Park. We are going to do this regardless of the outcome
of this Commission meeting and the next meeting, where the issue was brought up. We are
encouraged to find so many people here interested in Sewell Park. We hope that when a sign-up
sheet reaches you, you will ask to receive more information about the friends of Sewell Park and
help us do something to take back this park. Several friends of Sewell Park will speak today, and
at least one will describe our group in more detail. I will speak briefly about the history of
Sewell Park, very briefly. Don Gabien, the Miami River and its tributaries, describes this site at
length. Briefly, the land that is now Sewell Park was originally part of the estate of General
Samuel C. Lawrence. Lawrence purchased it in 1897, when that part of Miami was completely
undeveloped. His land started at the south bank of the Miami River and extended south
encompassing 700 acres. There he developed a large fruit grove and a dairy, and along the river
and canal, he made large gardens. Lawrence had spent much of his life in New England, and he
seemed to be enchanted with the lush tropical landscape of southern Florida. He spent
considerable money planting native and non-native trees and tropical plants near the river, to
create a lush jungle setting that must have impressed his guests who stayed in a guesthouse he
built. The concrete steps of that guesthouse still exist in Sewell Park. The landscaping also
impressed other visitors to Miami, and several postcards were made in the early 1900's with
144 November 19, 2002
Lawrence's riverfront garden on them. Lawrence also had a large dock with a covered boat slip
on the Miami River, and this was needed since when his house was built around the turn of the
century, a boat was the only way to get to downtown Miami and to civilization. The boat slip
also still exists in Sewell Park. When Lawrence died in 1911, the Tatum Brothers Real Estate
and Development Company purchased the land. It traveled through many hands, and in 1921,
the owner was W. A. Williams. He developed the property into the Lawrence Park subdivision.
The subdivision extended down to Northwest 7th Street, between Northwest 17th and Northwest
19th Avenue. It featured an artificial canal that extended south from the river to Northwest 7tn
Street, and the area along the river, then called the Tropical Gardens, remained as Lawrence had
created them. W. A. Williams died in 1923 at the age of 41 and his wife Poda inherited the
garden. She remarried to William M. Hope and lived in the guesthouse on the river with her
husband until their death. In 1964, the City of Miami acquired the property from the Hope
Estate, and on March 1, 1965, it was opened at Everett G. Sewell Park, named after the pioneer,
resident, Mayor and longtime promoter of the City of Miami. Then as now the prominent feature
of the park was the vegetation, which had been left as when Lawrence was alive. The park was
zoned as a conservation area by the efforts of then Commissioner Ellis Wainwright. I want to
close this very brief history with part of a letter written to the Mayor. When the opening of
Sewell Park was announced, the president of the Dade County Federation of Women's Club,
Margery Scagowan, wrote a letter to the Mayor of Miami who was then Robert King High, and
that letter included the following: It is commendable that this unspoiled portion of Miami is to
be protected and cared for. We have so little left that is natural. That letter was dated February
20th 1965. Commissioners, your vote today will determine if now, 37 years later, this still
unspoiled portion of Miami will continue to be protected. Thank you.
Chairman Regalado: Thank you. We are -- anybody else from the public? We are going to ask
that we limit two, three minutes your presentation. Where is Commissioner Gort? Oh, he's
there. Commissioner Gort.
Wilfredo Gort: Mr. Mayor, Chairman, Honorable members of the Board, it's a pleasure to be
here in front of you all today. My name is Wilfredo Gort, and I reside at 2660 Northwest 14th
Avenue. As a former Commissioner District 1, I had a lot of meetings, many meetings in Sewell
Park trying to find a solution. It's a beautiful site. It's a beautiful park, underutilized. People do
not use the park, unfortunately. I think by bringing this stable here and this use, will bring more
attractions and more people to that park. It is a beautiful park and we aim to maintain as a
beautiful park, but we have experienced in the past that we have to add amenities to some of our
parks in order to attract people. We have Bicentennial Park, where you can have two or three
different buildings that are going to be built there so that people can go ahead and go to that park.
Now, I can see where some of the individuals worry that the commercializing of the park could
be extended. We can put a covenant so the use can only be for that type of use, for the stables.
The architecture can do it in a way that can be an amenity to that park. I've worked with the
Mounted police before in many different locations and neighborhoods. It attracts the kids, it
attracts people, and it'll be one way that we can solve some of the problems that we have at the
park at this time, so I'm asking you to please to vote in favor of this park. Thank you.
Chairman Regalado: Thank you, Willy, thank you. Yes, ma'am.
145 November 19, 2002
Ann Stetser: My name is Ann Stetser. I live at 1700 Northwest North River Drive. I'd like to
thank Jim Broton for his history of the park and thank ex -Commissioner Gort for his comments
also. I would like to follow that I believe also in the importance of the park's history, and I
would like to follow that up with a comment about its status as a conservation area. This park is
a unique gift that has been left to us and it was zoned conservation for a reason. It is meant to
remind us of the history of Miami and of the beautiful vegetation that once existed here. It is
supposed to be a passive experience for the visitor so that the visitor can understand what it was
like to live here at one time. I believe that if we change any of the park, one inch of the park
from conservation to recreation, we will set a precedent. I do believe that in the future it would
be possible to keep changing and adding on to that precedent and that concerns me. We have
formed the Friends of Sewell Park as a way to help the City. We understand that the City needs
money to work on these parks, and we know that this group can tap into money that the
government cannot, so we would like to work with the City to give some alternatives, security
measures before we do anything like building anything else in this City. I would also like to
state that I spoke with the Tropical Audubon Society and they are not able to be here, but they
wanted to make a statement that they are opposed to any conservation lands being used for any
other purpose, and Commissioners, if I may address the City Attorney with a question?
Chairman Regalado: Just go ahead.
Ms. Stetser: Mr. City Attorney, I'd like to know the definitions of zoning versus land use, and
under those definitions, is a publicly accessible park able to be given to the City for government
use, and that's all.
Chairman Regalado: Thank you.
Mr. Maxwell: Land use is an element that comprised of the comprehensive plan, which is the
constitution is an overall umbrella that governs the use of land, and the zoning evidence by
zoning ordinance is the lower -level individual use of the parcels as opposed to the comp. plan.
The answer to your question about whether the City can use it for governmental use? Is that
your question?
Ms. Stetser: Yes.
Mr. Maxwell: The answer is yes, if they find that it's in the public purpose to do so, they can do
that.
Ms. Stetser: OK. Including areas that are meant for community accessible areas?
Mr. Maxwell: I'm sorry?
Ms. Stetser: Including areas that are meant for the public as community accessible areas?
Mr. Maxwell: If they find that it's in the public interest and they've satisfied the necessary
criteria for making that decision, yes, they could do so.
146 November 19, 2002
Ms. Stetser: OK.
Chairman Regalado: Thank you.
Ms. Stetser: Thank you very much.
Mr. Maxwell: There's something you need to -- Commissioner, one other point, though. I've
heard comments about the stables and so forth, the possible use. There's one thing that needs to
be abundantly clear; that what's before the Commission as this lady is indicating -- I'm sorry I
forget your name.
Ms. Stetser: That's OK.
Mr. Maxwell: But Item 4 is a comprehensive plan, the land use element as you requested. Next
item, its companion item, is the zoning element. Unless the comprehensive plan element is
approved by the Commission, you don't get to the next question.
Ms. Stetser: OK.
Mr. Maxwell: OK? Next is the fact that in order to use this property for the purposes that seem
to be in contention here, that is a horse stable for the Police Department, this item would have to
come back to the City Commission if 4 and 5 were approved tonight, and the City wanted to use
it for those purposes. Because the zoning ordinance requires a special exception with City
Commission approval for that type use, so any opposition is really premature because what the
City Commission is looking at today is the total parameter of uses that this property can be put
to, if this is comprehensive plan designation was approved; not just one, that's not the issue --
Ms. Stetser: OK.
Ms. Maxwell: -- the same for the zoning. The specific use would have to come back to the
Commission. There'd be another public hearing before you get to the -- in fact, you'd have two.
You'd have the zoning board hearing, and then you'd have the City Commission hearing.
Ms. Stetser: I see, OK, thank you.
Chairman Regalado: Thank you, Mr. Cruz.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I'm going to start by saying I'd like
the Commission to approve the land use, the comprehensive plan additions and letting the zoning
on the park to the purpose of being used as horse stable for the Police Department. I'm going to
say why, first, I am the elected member of the Park Advisory Board on District 1, elected by the
community. I talk to the community every day, and that's what they want, and we got a lot of
people now here worrying about parks. I don't know how many from all over, Coral Gables, this
and that. Where were those people in the 1970's, when we got problems with the park, because
I've been here at every budget hearing since in the early 1970's lobbying for the parks, where
were those people? I never saw them here, never. Maybe it was only me coming here and now
147 November 19, 2002
everybody's for the park, and why? Really, if we worry about the use of the park, of the City
doing something, where were these people when they sold (UNINTELLIGIBLE) Miami stadium
for a housing thing? That's more historical, I think, than Sewell Park. I am a member of Sierra
Club, so don't talk to me about environmental and the whole thing, because I know what the
environment is, member of Greenpeace and the whole thing. Really, check books, members of
those groups, so if whatever they have put there in the northwest, many times I think things that
nobody wants in their neighborhood, the prisons -- where were you when they were putting
maximum security prison there in the -- never, you never complained about those things? Are
you going to complain about -- like I told people from Simpson Park, I don't go to your
neighborhood telling you what you need there. You, the representative of those neighborhood
knows what is good for your neighborhood, so please allow me, since I represent -- I am the
elected member and we want those things, allow me do whatever I represent. I am the elected
member of the neighborhood, and is there, I am not appointed by the Commission, no, I was
elected by the people of the neighborhood, and to repeat again, I am a City taxpayer, main thing.
I work in other places, but I pay taxes to the City of Miami. I want my tax money going for the
police for the horse stables of the City Police Department. Thank you.
Chairman Regalado: Thank you. Ma'am?
Sallye Jude: Sallye Jude, I sit on the Parks Advisory Board also, and I represent Mr. Sanchez. I
would say that the Planning and Zoning Board turned this proposal down as one that did not
meet the needs of the people of our community, and I have just returned from Los Angeles where
I was on the Advisory Board, National Advisory Board for the Trust for Public Land, and even
though we are having very difficult times across the city -- across the country in financial affairs,
people are voting to put more money into parks for people, and we, of all cities, should consider
that uppermost in our minds. If you remember the book that was prepared on parks and
evaluation of parks, City of Miami fell in the lowest level. We have to change that, and it's
going to take a constant effort to protect our parks, so that they're parks for people, not for
governmental uses, and that is something that I think we all really need to understand. We don't
have that choice, this is one of three hammocks left in the City of Miami, and we should consider
it a sacred place. Thank you.
Chairman Regalado: Thank you. Go ahead, sir.
Gustavo E. Chacon: Gustavo Chacon, 1051 Northwest 18th Avenue, across from Sewell Park.
First, I want to thank the Mayor that came into the park the other day to help clean it up. I am
not against the horses. I am against having it on the park. I believe that the park would do better
without the animals there. The tree, the vegetation, everything around it, like this lady before me
spoke, I was also at the Park Advisory Board and they threw it down. Furthermore, the river
community also voted it down, so I don't know how far you want to go. I believe that the stables
need a place, but I imagine they may have another area better suited for it than on the middle of
Downtown Miami at Sewell Park. It's not a farm area, it's a residential, it's an R-1, and
definitely, we do not think we need it. Thank you.
Chairman Regalado: Thank you, go ahead, sir.
148 November 19, 2002
Bob Parks: Yes, sir, my name is Bob Parks. I chair the Miami River Commission. On
November 6 of this year, the Commission had a presentation by the City of Miami Police
Department with reference to this project. Previous to that, we had met with them and had them
at committee meetings during the development of their ideas. After a very clear and fine
presentation by the Police Department, the City -- or the Miami River Commission voted to
oppose the comprehensive plan change and the zoning change, whenever each may come up to
change and to allow the stables to go into Sewell Park. Ex -Commissioner Gort's remarks were
well taken with reference to the fact that Sewell Park is underutilized. The purpose of the Miami
River Commission as chartered by the State, was to make sure that those parks on the river,
which had originally and historically been parks became more utilized, became people -friendly,
became secure, and became the kind of places that those -- that parks of this type and this
historical purpose were destined to have. That's our Commission's function; that is why we urge
this Miami City Commission to vote no on this proposal. I would point out to you when we talk
about the comprehensive plan, that this particular park is designated conservation, and I would
just call attention in my closing to what that means as defined in your own plan, and I quote,
"Conservation this land use designation is restricted to environmentally sensitive areas that are to
be left in an essentially natural state." There is no reason that has been advanced by anyone as to
why this park and why that designation should be changed. It is a very strict designation, and
there is no public purpose that has been urged other than the fact that they may need to leave
their present site. In that regard, the Commission did not take a negative proposal as simply
being against it, but has recommended two other sites which would serve the purpose and has
presented to each of you photographs of that site, which are available for study. At the very
least, those particular parcels should be studied and should be made available and brought back
to you for comparison and to the Zoning Committee or the Zoning Board before this
Commission takes a very drastic step, I would suggest, in amending your comprehensive plan
and the most or one of the most strict requirements under that plan, that of an area designated
conservation. We appreciate you alls involvement on the Commission and your support. Thank
you.
Commissioner Gonzalez: Mr. Chairman, did we get the gentleman's address for the record?
Mr. Parks: My address is 330 Alhambra Circle; that's my business address Coral Gables,
Florida. I'm a resident of the City of Miami, 2901 South Bayshore Drive. My office is in the
Gables, but I live and pay taxes in the City.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir. Commissioner Teele.
Commissioner Teele: Mr. Parks, the history, a history was read into the record, and that history
made reference, I think, that the City got the land in `64 when Robert King High was Mayor, I
think that was what I heard. Do you know what the funding proceeds were to acquire the land?
Has anyone on your side researched that?
149 November 19, 2002
Mr. Parks: I can't sit here, Commissioner Teele, and tell you I know that answer, sir. It had
been part of the bond project, it was my understanding, but I can't tell you where the original
proceeds came in `64.
Commissioner Teele: All right. Does the staff know? Does our great historian know?
Mr. Broton: Don't quote me, but --
Chairman Regalado: Then don't say it.
Mr. Broton: I read an article at the museum yesterday, and I didn't know I would be asked about
this, so I believe that the park cost something like $260,000 approximately, and that 20 percent
of that came from grant money; the rest of it, I thought, came from the City, that's all that I
remember about that.
Commissioner Teele: Well, I raise the question because -- is the City Attorney, the other City
Attorney around?
Mr. Maxwell: No, he's at the MRC (Miami Riverside Center).
Commissioner Teele: He's at the MRC?
Mr. Maxwell: He had to step away for a minute; he'll be back in a little while. You'll probably
asking about bond restrictions --
Commissioner Teele: No, I raised the question because I hope somebody's done the research.
Mr. Maxwell: Yes, well --
Commissioner Teele: I hope, before the thing is being brought to us to vote on something, I
hope that the Law Department and the Parks Department, and Asset Management and Planning,
and everybody involved in this, has done the research, because if this thing has got some kind of
covenant on it, we're going to wind up in another situation like we're just coming out of with
Brickell Park, you know, where we all look like a bunch of fools up here, because the thing goes
back and forth, back and forth, back and forth, so you know, I voted on the Lipton, as a County
Commissioner; that was the worse vote I ever made. The best facility we ever built, but what
wound up happening is that the people, the settlers, the people who gave the County the land,
then started suing to get all of their land back, what's that big park out there the --
Mr. Maxwell: Crandon Park.
Commissioner Teele: Crandon Park, so, you know, when people like Ms. Jude and all these
people start coming up here, I hope we've got our is dotted and our is crossed and we know
what we're doing on this thing.
150 November 19, 2002
Mr. Maxwell: Yes, sir, that was the Matheson family you were speaking of, wasn't it,
Commissioner?
Commissioner Teele: That was the Matheson family, and you see, their argument which I did
not know at the time of the vote, was that they gave the County the land in trust, and when you
go back and you read what the terms of the grant was, is that the land would be maintained like it
was. Now, I mean, you know, I don't mean to get the Lipton thing up here, but I've been down
this road before, and I'm going to tell you right now, I am not voting yes or no until I know that
this land is before the City unencumbered, with us having the right to do what we as the City
fathers and mothers -- there are no mothers up here, I don't think -- but reminds me of that
(UNINTELLIGIBLE), but the fact is that we need to know that we have the authority to do this,
clear -- and I'm going to absent myself when the vote time comes, if we don't have a clear
statement because I am not going to cast another uninformed vote on something that is -- relates
to historic project property or conservation land, because conservation land is sort of like, you
know, what people go crazy about out west still.
Mr. Maxwell: Well, you're speaking of the title search, Commissioner, and I'm not aware of any
title search ever being done --
Commissioner Teele: I'm not talking about a title search, per se. I'm talking about a title search -
Mr. Maxwell: Yeah.
Commissioner Teele: -- but I'm saying a clear record that we have the power and the authority --
Mr. Maxwell: I understand.
Commissioner Teele: -- based upon how we came in --
Mr. Maxwell: Into possession of the property.
Commissioner Teele: -- in possession of this land, because we're here as trustees now.
Mr. Maxwell: Right. That's not information that I know from our -- from the City Attorney's
Office. We'd be able to give you a straight answer on today, and I doubt seriously if staff would
be able to do it today either, but certainly it's something that we could -- I don't know if we could
even get that information in an equivocal form before even the December meeting, but certainly
it would be information that would be available before you voted on any special exception or
anything like that, that came before you. That's a policy decision that this Board would have to
make.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Yes, sir.
151 November 19, 2002
Commissioner Sanchez: Mr. City Attorney, I don't want to be the dog, you know, chasing the
tail on this one, but let me just say if we were today to make any decision whether it be to vote
against it or for it, but if we voted against it, this will come back to us as a PZ item?
Mr. Maxwell: No, sir. If you vote it down --
Commissioner Sanchez: I mean, I'm sorry, if we approve it, would it come back as a PZ item?
Mr. Maxwell: Well, if you approved it today, it would come back on second reading first --
Commissioner Sanchez: Right, and then it will --
Mr. Maxwell: -- and then if --
Commissioner Sanchez: -- but then it will end up here as a PZ item?
Mr. Maxwell: That's right. If you -- for a horse stable --
Commissioner Sanchez: For the horse stable.
Mr. Maxwell: (UNINTELLIGIBLE). Yes, a horse stable, my understanding is that a special
exception with City Commission approval, which is even a unique form of special exception,
would be required so that would come back to you --
Commissioner Sanchez: And then we could always vote it down if that's the will of this
Commission.
Mr. Maxwell: Yes, sir. That's correct.
Commissioner Sanchez: And then based on the information that'll be provided to us by the
Administration, which I agree with Commissioner Teele, I mean, these are questions that need to
be answered. Was the land donated on a trust? Are we allowed to do that? Because the last
thing we want to do is vote on the issue and then you know, all the legal mumbo jumbo starts
and we end up in a situation that embarrasses us and the City.
Mr. Maxwell: Commissioner Teele is absolutely correct on that, sir. He's absolutely correct.
Before you could vote on any use, specific use like that, it would be imperative that we make
sure that, prior to such a vote, that the property could be put to that use.
Commissioner Sanchez: So, do we have the answer today? Has anyone done the research on the
land to make sure that's there's no covenant or any restrictions as to what are the uses of that ten -
acre park?
Mr. Maxwell: Speaking for the Law Department, I'm unaware of any such title search. I can't
speak for the Administration.
152 November 19, 2002
Commissioner Sanchez: All right. Planning and Zoning -- Are there any staff members from the
City, did you do any research on this?
Mr. Gay: Planning and Asset Management says we have not done the research.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Sanchez: Can I make a motion?
Chairman Regalado: Well, let --
Commissioner Gonzalez: May I speak?
Chairman Regalado: Commissioner Gonzalez, go ahead.
Commissioner Gonzalez: All right, I also agree -- happen to agree a hundred percent with what
Commissioner Teele just mentioned, and we just have to look and see if there is any covenants or
anything that prohibits this Commission from changing the zoning of an area of this park, but I
want to address the issue of the park, which I have done -- which I already did once. It is fine,
you know, everybody's entitled to their opinion because we are in a free county, but it is very
easy for people or for persons that don't live in the area of the park, that never go to this park,
and some of them probably wouldn't even know where the park is or how to get to the park,
come here and oppose to -- and that's their right -- to a solution to a problem that the
neighborhood has been suffering for years, and years and years, and that is sex activities in the
middle of the day; that's consumption of narcotics, alcohol, gangs, and the whole nine yards. I'm
going to make sure that, for the next meeting, I have a complete report from the Police
Department about the amount of arrest that have been done in that park. We had -- four person
[sic] spoke on the item, which they are entitled to, and I hope that the last gentleman didn't get
offended because I asked him for his address. What I was trying to establish is that I don't think
that it's fair that you be opposing to a need of another community in the City of Miami, when
you're not faced with the fact of the problems that we are having in this community. Last week,
the Mayor and his staff and a group of volunteers had a cleanup in Sewell Park. One of the
Mayor's staff, whom I think is here today, told me that himself alone picked up 70 condoms in
the park. They picked up needles, they picked up underwear, they picked up bottles, and they
picked up brujerias, santerias. If that is what the community wants on their parks, that is up to
them; they are the residents, they are the taxpayers, and if that's the type of life that they want to
have or the quality of life that they want to have in their communities, it's fine. I have, I was just
handed this morning about 90 signatures from the residents around the park; people that live
immediately near the park, not people that live in Coral Gables, not people that live in Coconut
Grove, or Brickell, or -- is people that live across the street from the park, that in different
meetings I have held at the park, have expressed their concerns and their problems, that they are
concerned that they cannot take their childrens [sic] to the park. That they cannot enj oy the park,
and that is what I'm talking about young couples, I'm talking about middle-aged couples and
people, and I'm talking about senior citizens. It is a common complain from everyone involved
153 November 19, 2002
in this area. We just had Commissioner Gort here -- ex -Commissioner Gort. While
Commissioner Gort was campaigning for City Mayor and I was campaigning for District 1, we
both met with the residents at the park, and the residents kept demanding from Commissioner
Gort to take some action in controlling the problems in the park, and they asked me that if I got
elected, that they expected me to do something about the problems that are happening in that
park. I have had about -- I already lost count but I think about five or six different meetings at
this park with the residents of the area, and what I'm going to do today is I'm going to defer this
item for December, to give time to the Administration to look into the records, and see if they
find any prohibition from the City Commission to take action on this proposal, but at the same
time, I want a full report because one of the problems that -- and I understand the concern of the
people in opposition, especially, the four or five people that live in the immediate area that are
opposed to this, and it is because they haven't been informed correctly of what is going to be
done there. The impact that this is going to be -- having in the park, besides of the stables;
actually, they have been told different versions. I have been told different versions. I was told at
the beginning that we were going to have 16 stables, then I was told 19 stables, and today I heard
23 stables. Well, let me tell you, the Police Department, the Mounted Patrol and I are going to
have a meeting where I'm going to be asking a series of questions, and I want definite and
straight answers. I also want the architect that did this design, I want to make sure that I have
accurate information on what is being proposed here, and that same proposal with the same
information and another issue that we have to address is where the money is going to come from
to do this project, OK? Once we have addressed those issues and those concerns that I have,
then I'm going to ask that the Police Department and the Administration, I'm going to ask the
City Manager to please direct the Police Department and the Administration to meet with the
Friends of Sewell Park and do a presentation to them, and answer their questions, and address
their concerns, and once everybody is informed correctly of what we're trying to do here, then
we will take back the item, and I hope that we can do this by the 12th of December; if we can't,
then we're going to have to defer it for January, but that's my motion to defer at this time until
December.
Commissioner Teele: Second.
Chairman Regalado: OK, we have a motion to defer and a second.
Mr. Maxwell: This is to continue, Mr. Chairman.
Commissioner Gonzalez: Well, I'm sorry, to continue.
Chairman Regalado: December 12.
Commissioner Teele: On the motion, Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Teele: Mr. Chairman, I want to urge that the staff do exactly what Commissioner
Gonzalez is saying. Come forward, because this cannot be a moving target. If you start
changing the size of things, you're going to give rise to a lot of anxiety --
154 November 19, 2002
Commissioner Gonzalez: That's right.
Commissioner Teele: -- and it doesn't do anyone any good to start adding on to this, and so the
support that I've had for this at this point was based on the fact that this was going to be a
discrete horse stable that, in fact, was just a relocation of what we have from the County --
Commissioner Gonzalez: Right.
Commissioner Teele: -- to some extent; that's what you've said on the dais several times,
Commissioner Gonzalez, and so what I'd like to make sure is that this is scaled appropriately,
and that it is not something that begins to evolve, and before long, we'll have a firing range there
Commissioner Gonzalez: Definitely.
Commissioner Teele: -- and then we'll have you know, a saddle cleaning operation, and on and
on and on, and so I think the point that you're making is a point that I want to associate myself
with, is that this was supposed to be a very discrete saddle operation, in which the horses were
pretty much bedded there during the night and then the horses are going to be out all over the
City, et cetera. The other point in that regard is that Commissioner Gort, I think, made a very
good point, and I would like to know your reaction to putting some type of easement, or
restriction, or --
Commissioner Gonzalez: Covenant.
Commissioner Teele: -- covenant, I think is the term, that this would turn into -- the next thing
you know, we got the kiddy horses showing up there, because you know horses attract horses,
and you know, the next step will be somebody would say, "Well, we got horses there, so let's
have the kiddy horses coming around," and after a while, you know, the thing turns into the State
Fair, so, I mean, I'm very interested in seeing how we can --
Chairman Regalado: And bullfights.
Commissioner Teele: And bullfights.
Commissioner Gonzalez: Also --
Commissioner Sanchez: That could be done at the PZ.
Commissioner Gonzalez: If you would allow me, also, another concern that some groups have --
Chairman Regalado: Excuse me, Commissioner Gonzalez, the motion has to be four and five to
continue --
Commissioner Gonzalez: That's correct.
155 November 19, 2002
Chairman Regalado: Not four only.
Commissioner Gonzalez: No, four and five. Also another issue that I want to address with the
Administration is the fact that there is a big concern that trees are going to be destroyed. I want
to make sure that no trees are destroyed, that the trees are preserved, and the neighborhood has to
be assured that the trees are not going to be destroyed. That we're not going in there to destroy
the park and to destroy vegetation or destroy trees, OK? With that I conclude. Thank you.
Vice Chairman Winton: Mr. Chairman.
Chairman Regalado: Yes, sir.
Vice Chairman Winton: This is really -- it's really a shame that we are where we are right now in
this issue, because the fact to the matter is that the residents who live there, that have signed this
petition, don't give a damn whether the horses are there or not. What they want is their park
protected and cleaned up, which is our -- which is the responsibility of our Miami Police
Department, and for us to be taking -- and I didn't understand all of this at first. It's become
clear to me, excuse me, it's become clear to me, this is a significant event and very different from
other things we voted on that are similar, in that this is a conservation district. That has a very,
very significantly different -- has very different rights associated with it, because what you can't
do with a conservation district is any of the kind of things that you're suggesting, Commissioner
Teele, could happen ten years from now, and that's what everybody here is terribly worried
about, so isn't it a shame that we're all for -- including Commissioner Gonzalez, he doesn't want
them horses there; he wants the park fixed, and isn't it a shame that we're putting ourselves in a
position to long term -- to potentially do long-term harm to a park, when what we probably really
ought to be doing is getting rid of the Mounted Patrol Unit; saving all of the money. You could
hire a policeman full time just to sit in there. We need to have, starting tomorrow, we ought to
be demanding from our Police Department a plan that lands on Commissioner Gonzalez's desk
tomorrow, which outlines the very specific steps that we're going to take to take our park back,
and we shouldn't be waiting for two months, three months, six months; there should be a plan
right now, that has the appropriate resources put in it, to have a concerted effort to arrest the bad
guys every fifteen minutes, and you don't arrest the bad guys by putting a plain clothes
policeman in there standing up like the traffic light. You arrest the bad guys by having police
officers hidden somewhere, videotaping the bad guys, arresting the bad guys, arresting them
over, and over, and over, and over, and over again, and in three or four or five or six months,
they're gone. That's what ought to be happening, that should be our focus instead of this big
battle that we're going to have with everybody, so Commissioner Gonzalez, if you want to
entertain such a motion, I know that I'm going to vote for your deferral here, but maybe we ought
to have a different motion that directs the Manager to direct the Police Department to put a plan
on your desk within a week.
Commissioner Gonzalez: Well, OK, let me tell you, in all honesty, I -- we can't blame this
problem on the Police Department, Johnny, I need to be fair. Whenever the Police Department
have been requested to be present at the park, they have been there. They have conducted
operations in the park on their own. The problem is that knowing this community, if we assign a
156 November 19, 2002
police officer, which we're not going to do, if we assign one police officer to that park, every
park in your community is going to demand a police officer, and every park in every one of the
Commissioners, is going to demand a police officer because I'm no better than anyone here, and
my residents are not better, they are equal to all the residents of the City of Miami, so if I want a
police officer on my park, every citizen in the City of Miami that goes to a park, needs to have a
police officer there. The Police Department has been working on this problem, but it is a
constant problem. This park is advertised on the news on the Internet, as the park for the
homosexual to meet, the perfect spot in the City of Miami for homosexuals to meet. It's in the
Internet, I mean, it's a fact. Just look into the Internet and you'll find it there. Last Monday I
was called -- my office was called --
Commissioner Teele: Somebody's getting great publicity tonight -- today on --
Commissioner Gonzalez: Exactly, you know --
Commissioner Teele: -- where to be tonight.
Commissioner Gonzalez: -- to send the police at the park because there were a couple having sex
in the middle of the park, on the bushes, naked, and they got them naked, having sex in the
middle of the park, at 12 at noon, I mean, you know. We installed some new benches in the
park; we are starting installation. We had twenty benches installed. One of the neighbors called
me that one of the benches had been stolen, and that the nuts on the other and the screws on the
other benches were loose. I ran to the park; I verified it. I called the police, and you know what?
The police had a permanent guard there during the entire weekend to prevent that the benches
keep being stolen, so the police have done as much as they can, but they have limited resources,
and I can not blame this problem on the Police Department. They had done their work.
Whenever we call them or the community calls them, they are there. They are there in the
morning to open the park. They are there at night to close the park.
Vice Chairman Winton: With all due respect --
Chairman Regalado: Excuse me. We have a motion and a second to continue --
Vice Chairman Winton: Hold on.
Commissioner Gonzalez: And I believe this is a discussion among the Commissioners.
Chairman Regalado: Oh, OK.
Vice Chairman Winton: With all due respect, I really do disagree. My statement wasn't to put,
in fact, I said that right up front. Don't put a uniform policeman in the park, that doesn't do
anything. What you have to do is identify like a problem -solving team, except it'll be a problem
solving team for that park, where you put a team in place, and they're going to be in place for the
next three months, or six months, or some period of time, and I will guarantee -- we've seen it
happen all over our City. When they do that kind of thing, and they go after the bad guys
repeatedly, so that not one single person ever gets away, it's a costly operation; it's probably a 24
157 November 19, 2002
hour a day operation, but over a period of time, that internet website goes away, because what it's
going to say is, don't go to Sewell Park because you're going to get your rear end arrested. It
can't be done with a uniform policeman, it has to be done with a plan where you have people
hiding -- our guys hiding in the bushes to get the other bad guys that are trying to get into the
bushes, and that's the way -- the only way this kind of thing works, and that's how our Police
Department ought to work on these kinds of problems, as opposed to us having to come up with
these kinds of solutions, which frankly, create all kinds of -- the law of unintended consequences
pop up all the time when we do these kinds of things, so that's my view.
Chairman Regalado: OK. We have a motion on the deferral. We have a motion to continue on
this item for December 12. Let me ask, do we want a time certain? Yes? What time? 6:00?
Commissioner Gonzalez?
Commissioner Gonzalez: It all depends --
Commissioner Teele: Where is the meeting going to be on the 12th9
Chairman Regalado: Artime.
Commissioner Gonzalez: Artime. No, Artime, no. We said the Arena.
Chairman Regalado: Oh, I'm sorry, I'm sorry, the Miami Arena. I am sorry, the Miami Arena,
my mistake. Miami Arena, in January, we are looking for a nice park to do it in the open air.
Commissioner Gonzalez: We are still homeless in January?
Chairman Regalado: Time certain.
Vice Chairman Winton: In Sewell Park.
Commissioner Gonzalez: Six p.m. Why don't we do the meeting in Sewell Park?
Chairman Regalado: Six p.m.
Commissioner Gonzalez: We're going to have a lot of public there during the day.
Chairman Regalado: Six p.m., OK. All in favor, say "aye."
The Commission (Collectively): Aye.
Mr. Maxwell: That was on four and five, Commissioner.
Chairman Regalado: Four and five. I understand --
Vice Chairman Winton: Well, I'm going to serve up this resolution anyhow, sorry,
Commissioner Gonzalez, you can vote against it, but I'm going -- I want to introduce a resolution
158 November 19, 2002
that would direct the City Manager to direct the Police Chief to bring a plan back to this
Commission at the next meeting, that will be a comprehensive plan to attack the criminal
problems going on in Sewell Park for our, I guess, endorsement, if you will, but that's my
motion.
Mr. Maxwell: For your review.
Chairman Regalado: And Robert King High Park.
Vice Chairman Winton: Fine.
Commissioner Gonzalez: There you are.
Chairman Regalado: Because it's the same story.
Commissioner Sanchez: And Alex Wainwright Park, and Jose Marti Park, and all of the parks in
the City of Miami.
Vice Chairman Winton: No, the problems are not the same.
Chairman Regalado: Oh, yeah, Robert King High.
Vice Chairman Winton: No, I didn't say your park, Commissioner, just -- I agreed --
Chairman Regalado: My park is worse than yours.
Vice Chairman Winton: But the -- OK, so --
Commissioner Gonzalez: I second your motion.
Vice Chairman Winton: OK, let's think about this, you're going to put the horses in this park,
what are you going to put in Robert King High Park? What are you going to put in Jose Marti
Park? What are you going to put in the other parks? That's the damn point here. You can't fill
the damn parks up with all this damn stuff, so we better figure out a real solution that is a police
response to this problem, or we will lose our parks.
Chairman Regalado: No, my response to you was that there is a problem in some parks, and
there is a problem. Anyway, I understand that we have a letter --
Vice Chairman Winton: I have a motion on the table.
Chairman Regalado: Oh, I'm sorry.
Vice Chairman Winton: It has not been seconded so maybe it will fail --
Commissioner Gonzalez: I second it.
159 November 19, 2002
Vice Chairman Winton: OK, second.
Chairman Regalado: 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. 02-1245
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED FIRST
READING ORDINANCES RELATED TO THAT PORTION OF SEWELL
PARK AT APPROXIMATELY 1815-1825 N.W. SOUTH RIVER DRIVE TO
CHANGE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN LAND USE
DESIGNATION FROM CONSERVATION TO RECREATION AND
CHANGE ZONING ATLAS FROM CONSERVATION TO PARKS AND
RECREATION IN ORDER TO ALLOW CITY OF MIAMI POLICE
DEPARTMENT HORSE STABLES; FURTHER DIRECTING THE
ADMINISTRATION TO PROVIDE A FULL REPORT ON THE TITLE OF
SAID PROPERTY, SIZE AND NUMBER OF PROPOSED STABLES,
FUNDING SOURCE FOR PROPOSED STABLES PROJECT; FURTHER
DIRECTING THE CITY MANAGER TO MEET WITH THE POLICE
DEPARTMENT AND FRIENDS OF SEWELL PARK TO EXPLAIN
PROPOSED PROJECT AND ADDRESS THEIR CONCERNS; AND
FURTHER DIRECTING THE MANAGER TO BRING THIS MATTER BACK
FOR COMMISSION CONSIDERATION AT 6 P.M. ON DECEMBER 12,
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.
160 November 19, 2002
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1246
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
POLICE CHIEF TO PREPARE A COMPREHENSIVE PLAN TO ATTACK
CRIMINAL PROBLEMS CURRENTLY BESETTING SEWELL PARK AND
ROBERT KING HIGH PARK; FURTHER DIRECTING THE MANAGER TO
BRING BACK SAID PLAN TO THE CITY COMMISSION FOR ITS REVIEW
AND CONSIDERATION AT THE NEXT MEETING CURRENTLY
SCHEDULED FOR DECEMBER 12, 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.
49. WITHDRAW CONSIDERATION OF APPEAL OF HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD RELATED TO TREE REMOVAL AND RELOCATION OF
PLAYING FIELDS AT RANSOM EVERGLADES SCHOOL AT 2015 SOUTH BAYSHORE
DRIVE.
Chairman Regalado: I understand that there is a letter pulling PZ -12, the Ransom Everglades
School. Is that correct? Because we weren't told.
Joel Maxwell (Deputy City Attorney): Yes, sir.
Commissioner Teele: So move, Mr. Chairman.
Chairman Regalado: OK. Is this to defer or what?
Mr. Maxwell: No, sir, it was withdrawn.
Lourdes Slazyk (Assistant Director, Planning & Zoning): It's a withdraw.
Chairman Regalado: It's a withdraw.
161 November 19, 2002
Mr. Maxwell: Finally.
Chairman Regalado: Motion to withdraw Item 12. 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. 02-1247
A MOTION TO WITHDRAW CONSIDERATION OF APPEAL OF
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD RELATED
TO TREE REMOVAL AND RELOCATION OF PLAYING FIELDS AT
RANSOM EVERGLADES SCHOOL AT 2015 SOUTH BAYSHORE DRIVE.
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.
50. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12279, ANNUAL
APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND
BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003
(CITY'S RE -ORGANIZATION CHART).
EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12279, ANNUAL
APPROPRIATIONS ORDINANCE TO MAKE REVISIONS TO CERTAIN OPERATIONAL
AND BUDGETARY APPROPRIATIONS, SPECIAL REVENUE FUNDS AND CITY'S
TABLE OF ORGANIZATION FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003.
Chairman Regalado: The Mayor and the Manager are ready to do a presentation on the budget
amendment, and they -- Mr. Manager, are you going to do the plan and the restructuring?
Carlos A. Gimenez (City Manager): Yes, sir. The Mayor was around so --
Chairman Regalado: OK.
162 November 19, 2002
Mr. Gimenez: I think he wants to be part of it.
Chairman Regalado: No, I think he said that you will do it. He was going to be here, but
anyway, we want to start by --
Mr. Gimenez: Chip will be doing the presentation, sir.
Chairman Regalado: OK.
Commissioner Teele: What item number, 10 and 11?
Chairman Regalado: It is 10 and 11, 10 and 11.
Commissioner Teele: Was there a substitute on 11?
Alejandro Vilarello (City Attorney): There are substitute ordinances on each but title only -- are
the changes. My understanding is that the title change only.
Mr. Gimenez: Are we ready? We can proceed whenever you want, Mr. Chairman.
Chairman Regalado: OK.
Mr. Gimenez: Yes, sir, we can start whenever you want to.
Chairman Regalado: We're ready.
Chip Iglesias: Good afternoon Commissioners, Mayor, Chip Iglesias, Chief of Staff, City
Manager. We're going to go briefly -- give you an overview of the reorganization plan, which
you've been briefed on, and I'll be brief and then we'll be able to answer any questions that you
may have on the plan. This basically refers specifically to Item 10, and Item 11 has some
cleanup changes, budgetary changes. Basically, the process began with the Mayor and the City
Manager and consultant Gayle Sedic to take a look at the City and try to develop a framework of
a reorganized City of Miami and that was the process that began to take a product to you for your
input. Basically, the model that was proposed was a corporate model, adopting some of the
terms and titles of corporate world with CFO (Chief Finance Officer) and Chief Information
Officer, CIO, and those things, and not only adopting titles, but obviously adopting some of
values and processes of private industry. Objectives were we try and establish well defined lines
of authority, clear responsibility and performance accountability were some of the themes of the
reorg. (reorganization). Basically we're looking for an organizational structure that would create
efficiency and have a better accountability through merging certain departments that have similar
functions and by changing some of the reporting responsibility of certain departments reporting
under a new established position, whether it was the Chief of Neighborhood Services or the
CFO. The Mayor had an emphasis on neighborhood services and wanted to develop a structure
under the operational side of the City that focused on neighborhoods and centralizing, aligning
those departments to improve our customer service, basically all the services that deal with the
external customer, and so those departments were put under one roof, so to speak, under the
163 November 19, 2002
Chief of Neighborhood Services with that goal in mind. Again, we're looking to try to provide
more of a business -like model to improve our service delivery and efficiency. We want to try
and create the culture, adopt some of the culture of private industry with the customer service
mentality in dealing with some of the issues that we're dealing with at a very grass roots level.
Also wanted to facilitate an organization again that was more responsive, and again with the
customer service driven focus, and we believe, we feel that this structure will allow that.
Obviously it's just not an overnight -- you don't just turn on a switch and that begins to happen.
It's some time working under this structure and driving this point home, before we begin to get to
that level of service that we're seeking. Obviously, there's a lot of changes and some of these
things won't happen overnight, some of these things will be phased in, as far as some of the
merges and so forth, so these things will be phased in as some of the modifications are made and
there's a lot of logistical issues that have to be addressed to make this happen. What did this
achieve? Well, immediately there's some -- projected savings are approximately $500,000, and
additionally, there's a net reduction of 4 positions in the budget as a result of the reorganization.
Currently, you look -- that's our current structure right now, what you're looking at, and the
colors basically represent those areas that have some sort of change to them, and I'll sort of
explain those as we're moving along; we're going to break the new proposed organization to you
in phases. The first is the Mayor's Office with a new focus on special events and in cultural
affairs by creating the Film, Arts and Culture and Entertainment Board by having a staff that's
dedicated to dealing with special events and trying to be more proactive in the world of cultural
affairs and special events. The budget was amended by bringing positions from different places
to be able to fund this new entity that would also support the Board, that's the Arts and
Entertainment Board, and the Manager's Office, the Chief Executive's Officer title was also
adopted in conjunction with the City Manager, and some of the functions that are in there like
grants agenda, community relations, Citi Stat, and transportation were already effective as of
October 1. In this branch, basically internal audits had the only change, and basically it was
abolishing one position as part of the reorganization. Additionally, in the bottom, and we'll see
it another slide, Hearing Boards is recommended to move under the City Clerk's Office. Office
of Professional Compliance was moved to staff the CIP (Civilian Investigative Panel), and
Homeless Program moving as a direct report to the City Commission. The second branch
basically was the Chief Financial Officer, and the focus of this was trying to create departments
or put departments under this one chain of command that had some sort of business activity, or
that required you know, financial analysis and activity, and so you see things like Conference
Conventions, and Public Facilities that acts more like a business entity with their facilities and
marinas; Community Development with a lot of financial issues; Economic Development with
the merger of Real Estate, Economic Development and Asset Management; and Employee
Relations, the new department, Employee Relations with the merger of Human Resources and
Labor Relations. The next branch was basically, the operational end, and what we -- now is the
Assistant City Manager Operations and that was titled Chief of Neighborhood Services; again,
the focus was to try and bring under one umbrella these departments that deal with the external
customer and deliver service to try and improve their communication and deliver the services to
the residents. Under this branch, you see Department of Municipal Services, which is a new
entity as a result of the merger of GSA (General Services Administration) and Public Works.
Basically, some of the other changes is Building Department, basically is a new report, reporting
to a new person, and Planning and Zoning reporting to a new person, that's the only changes to
those departments. The next branch basically is your Chief Information Officer, your CIO, with
164 November 19, 2002
the function of Information Technology, under that individual. Again, we wanted to bring this
higher up in the organization, basically at what we equivalent now of the ACM (Assistant City
Manager) level, to provide a holistic approach to our IT (Information Technology), and more
strategic in nature, and more analytical in nature, to help with all our functions including some of
our process improvements, some of our business process improvement. The last branch
basically is what currently is your Budget Department, and that was changed to a Chief of
Strategic Planning, Budgeting and Performance, again a more holistic approach. Basically, if
you think of Management and Budget now, we wanted to add more of the management into
Management and Budget, with strategic and operational planning with some of our fiscal
forecasting, and one of the biggest areas of a performance improvement and developing
performance measures, working very close with the Citi Stat Office. We will also be seeking
performance improvement through creating performance indicators with departments in tracking
that, so they'll work together very closely. As far as on the Board side and those direct reports to
the Commission, you basically see the current structure, which includes the CIP panel and
Virginia Key Beach Park Trust and some of their recent -- and the Arts and Entertainment Board,
some of the more recent developments as far as new boards. The changes there, again, as I
mentioned earlier, was the recommendation to move Hearing Boards under the City Clerk's
Office and to make the Professional Compliance Office currently to make that the staff to CIP,
the Civilian Independent Panel. Additionally, there's a recommendation to move the Homeless
Program under a direct report of the Commission with work to be done as to what that entity will
actually be, will it be a trust, so that thought has to be developed but that's the recommendation
to move that. It currently is under the ACM (Assistant City Manager) operations. That's
basically the overview of what you've been briefed on, as far as Item number 10 and the
reorganization, and certainly you can address any question that you may have. Again, Item 11,
has just some cleanup that's unrelated to the reorganizations, so if you have any questions at this
point I'd certainly entertain those.
Chairman Regalado: Thank you, Chip. I think that we all have been briefed by the Mayor and
the Manager on this, so but if there is any questions?
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes sir, Commissioner Teele.
Commissioner Teele: On Item number 10, Chip, is it your understanding that the reorg that you
presented was a part of our agenda packet?
Mr. Iglesias: The reorg. that's being presented is reflected in the changes in Item 10, the
budgetary changes, those line items.
Commissioner Teele: I understand the budget. I'm talking now about the wiring chart, or the
organization chart.
Mr. Iglesias: It's not included in the agenda, but has been passed out previously, and it's the
same thing that has been provided at the previous Commission meeting. There are no changes.
165 November 19, 2002
Commissioner Teele: But let me just explain one thing.
Mr. Iglesias: And we have copies here, if you need additional copies.
Commissioner Teele: It needs to be a part of the ordinance. What you're trying to do now is
replace a current organization chart that is approved as a part of our budget process, and a part of
that is the organization -- no, structure including the wiring -- the wire diagram, the diagram; so
that needs to be inserted into the ordinance as an attachment, so that it conforms to the budget
ordinance that requires that the organization of the City, as well as the head count and all that, be
a part of it, and that's just a technical thing. The thing, Mr. Manager, that I wanted to make sure,
are you designating or does this organization chart designate a Chief Operating Officer, or a
Deputy Manager, or anything that provides more of a pyramid approach? Initially, when I was
briefed by you, I think, with the unions, you know, we talked about a Chief Operating Officer.
Mr. Gimenez: There is a Chief of Neighborhood Services, which is basically the Chief
Operation Officer.
Commissioner Teele: Well, nothing in his briefing or in the presentation made reference to that.
Do I stand corrected, Chip?
Mr. Iglesias: Yes, sir. I made reference to the -- originally, COO (Chief Operating Officer), the
Chief Operating Officer, was part of the business model, but as more discussion took place, it
was changed to Chief of Neighborhood Services, so it's the equivalent --
Commissioner Teele: I understand, but today, as you stand here today -- I guess what I'm trying
to determine is, is there a designation within this organizational structure of the Deputy Manager
or the Chief Operating Officer of the City?
Mr. Iglesias: There is the equivalent of a Chief Operating Officer, but not in the true sense of a
deputy from a standpoint of one more layer in the organization. It's flat at that point.
Commissioner Teele: I don't see it as another layer, but I think one of the concerns that I've had
about the management over the last two years is this coequal status and that, you know, that
works good in some structures, but it just seems to me that --
Mr. Gimenez: I think I understand what you're getting to, that in event that the Manager needs
to be away for some reason, there needs to be a clear number two person all the time, and not --
Commissioner Teele: Absolutely.
Mr. Gimenez: -- a rotating, not rotating assignment, and I believe that that can be delineated by
the Manager, as to who that number two is, within this line.
Commissioner Teele: Well, you know, and again, I don't want to put you in a position, because
given that this is an organizational structure that I assume the Mayor and now the Commission is
endorsing, so it sort of becomes a part of the guidelines for whoever's coming in; but what I
166 November 19, 2002
would like inserted in this is an asterisk that a Deputy Manager or a Chief Operating Officer will
be designated, you know, in writing, by -- you know, and whether it's one of those three
positions or whatever, but I don't think it serves an organization like this well to have a floating
Manager in Charge. People should know that if you're late to a meeting, you know, that
somebody else is --
Mr. Gimenez: (UNINTELLIGIBLE), yes.
Commissioner Teele: -- going to -- just like we have a Vice Chair, you know, and I know that
you know, everybody wants to pretend they're in charge, but the fact to the matter is that
somebody's got to be number one, sit in the first chair, somebody sits in the second chair, and I
would strongly urge you to consider that.
Mr. Gimenez: Yes, sir.
Commissioner Teele: On item number 11, which I guess you're not going to talk about, we're
talking about it all jointly. What I don't really understand is the Community Development jump
of $20,000,000. Can somebody explain to me why there was a -- ? Let me get the number.
Jennifer Ramirez: Jennifer Ramirez, Budget Department. Basically this section of the ordinance
just covers --
Commissioner Teele: He briefed on both. He briefed on 10 and 11. Chip, your presentation was
on 10 and 11, right?
Commissioner Sanchez: Just 10, we haven't gotten to 11.
Mr. Iglesias: It's really 10. 11 doesn't address any of the reorg items; 10 is all reorg.
Commissioner Sanchez: We'll get to 11.
Mr. Iglesias: I was trying to make a distinction just so you were aware as we were going through
it. I did not touch on 11, no.
Commissioner Teele: Well, let's just go to 10 then, because the same issues there. Does the --
let me --
Mr. Gimenez: Yeah, I see it, I see it.
Commissioner Teele: Let me ask you this question this way, on number 10, does the code
inhibit our ability to -- is Public Works a designated entity in the Code, Mr. Attorney?
Maria J. Chiaro (Assistant City Attorney): It is not a position that's designated in the Charter, by
virtue of the --
Commissioner Teele: I said in the Code.
167 November 19, 2002
Ms. Chiaro: It is not in the City Code per say. The position is created each year by the budget
ordinance and the departmental designations in it.
Commissioner Teele: And the Civilian Investigative Panel, what did we originally appropriate
for that?
Ms. Chiaro: There was not an appropriation for the CIP, the appropriation was in the Office of
Professional Compliance.
Mr. Gimenez: That's correct.
Commissioner Teele: Well, what I want to make very sure is in doing this appropriations, our --
the CIP ordinance itself -- actually it's in the charter as well -- it gives the board certain
mandates; in other words, there is at least two mandates written into the Code and the Charter, or
the Charter or the Code. One is that the lawyer be of seven years and dah, dah, dah, dah, dah,
dah, dah, dah, dah, dah, dah, dah dah. OK, so there is a specific requirement relating to the
attorney -- to the CIP, are we together, Mr. Attorney? There is also a specific requirement that
the executive director be designated by the staff and shall dah, dah, dah, dah, dah, and a whole
series of things. Now, by simply taking the $400,000 from Compliance and putting that money
there, which I have no objection to, we are not in any way suggesting that that's the full funding,
or what are we suggesting about those specific legislative items that have been earmarked
regarding those two positions, Mr. Attorney, Mr. Manager?
Mr. Gimenez: I'm sorry, sir, I was reading something else; could you repeat the question?
Mr. Vilarello: Funding for the attorney to the CIP and the funding for the executive director to
the CIP.
Commissioner Teele: Let me say this, I'm expressing my intent in voting for this ordinance. I
am not in any way changing the Code or the Charter provision that mandates that the Board
itself, which is yet to be constituted, will hire a staff director which will hire a staff attorney,
which is not in the Office of Professional Compliance.
Mr. Gimenez: There was additional money allocated to the Office of Professional Compliance
above and beyond the number of folks that they had, and I believe that within this budget, there
should be a sufficient amount in order to handle the positions that there -- the Civilian
Investigative Panel has to hire in order to do their job.
Commissioner Teele: Excellent. Mr. Attorney -- Mr. Manager, that's excellent. The only thing
that I would like is a caveat with this that says that we are not, in fact, taking away any authority
of the Board, when constituted, to organize itself, because that was one of the contentious issues;
it went back and forth between the citizens and the Commission, and they have certain authority
to organize themselves.
Mr. Gimenez: And they also have the authority to hire staff.
168 November 19, 2002
Commissioner Teele: Exactly.
Mr. Gimenez: Correct.
Commissioner Teele: Exactly, so --
Mr. Gimenez: That's not -- by moving this over, they have the current staff that was in the
Office of Professional Compliance is serving as their staff. Once they get together, they have the
right to hire --
Commissioner Teele: They can keep those persons, some of those persons --
Mr. Gimenez: They can keep those people, that's correct.
Commissioner Teele: Or they can --
Mr. Gimenez: They have full flexibility in how they govern themselves.
Commissioner Teele: And the final area that I have is in the area of Employee Relations. Is that
just a redesignation of Human Resources and --
Mr. Gimenez: That's -- it's a combination of HR (Human Resources) and Labor Relations. The
Labor Relations Office is now being put into Employee Relations.
Commissioner Teele: And how is that handled, by ordinance or by resolution? Who is the
person who will be the Chief Negotiating Officer for the unions? Has that -- you remember that
was an open issue and --
Mr. Gimenez: There's an HR Director. The thing of -- some of the beauty about this
reorganization is a lot of those opportunities gave us this chance to reorganize. Our Labor
Relations Officer position is vacant, our Human Resources Director position is vacant. When
you hire the Director for that -- for Employee Relations, they can then -- the assistant directors
can then branch out into being the -- what use to be the Labor Relations or the Chief Negotiator
and another assistant director can start looking at what use to be HR. That's how it's envisioned.
Commissioner Teele: Well, I think though, to be fair to the employees and to ourselves, at some
point there needs to be a designation made by the Manager as to who the Chief Negotiating
Officer for the City.
Mr. Gimenez: You're absolutely right. It is thought that one of those three positions will be so
designated.
Mr. Vilarello: Mr. Chairman.
Commissioner Teele: Thank you, Mr. Chairman.
169 November 19, 2002
Chairman Regalado: Yes, sir.
Mr. Vilarello: If I could address two points raised by Commissioner Teele. The table of
organization needs to be distributed and you need to see it as you adopt this ordinance. It will be
part of the record and it is a part of the record by reference, but you need to make sure that what
you've been briefed on and what you have in the record are one and the same, and the other issue
that I wanted to raise was with regard to the absence of the Manager. Now I believe,
Commissioner Teele, you're talking about a temporary absence of the Manager, if he's not
available for a particular meeting as opposed to a disability or --
Commissioner Teele: Exactly.
Mr. Vilarello: -- something else. Because if there is that kind of disability --
Commissioner Teele: I'm talking about chain of command, not --
Mr. Vilarello: -- then the Manager -- I mean, the Mayor has the right to appoint, subject to the
Commission approval, an interim Manager to address those issues during a temporary disability
of the Manager.
Chairman Regalado: OK. Anybody else? Any questions?
Mr. Iglesias: We're currently passing out that organizational chart that the City Attorney just
mentioned. The second page is the proposed.
Commissioner Sanchez: OK, but before we go -- all right, never mind, I got it.
Mr. Iglesias: The second page is the proposed, and then page 4 is the proposed of the direct
reports to the Commission.
Commissioner Teele: So page 2 and page 4 are annex A and B to the ordinance.
Mr. Iglesias: That's correct.
Chairman Regalado: Mr. Manager, on this new plan, is there a space or position for the Auditor
General for the City Commission approved by the voters?
Mr. Gimenez: Yes, there is, in your -- in the new plan, it's directly below the City Clerk, you'll
see the position of Auditor General reporting to the Commissioner.
Mr. Vilarello: The fourth page.
Chairman Regalado: But it has not been funded yet, right?
170 November 19, 2002
Mr. Gimenez: I believe we do have funding for that. The $500,000 savings that we quoted was
taking into consideration also the expense of the Auditor General, so it's a net savings, but it's
been -- it's funded and the position is there.
Chairman Regalado: So I think it's up to the City Commission to make a decision when do we
want to start the process to hire Auditor General. It's been --
Commissioner Gonzalez: I believe that we should do it as soon as possible because that was
approved by the voters in 1997.
Chairman Regalado: Exactly, and I -- people ask me, you know, what happened.
Commissioner Sanchez: That has been brought, that's an issue that's been brought to the
Commission right here, and it's been debated back and forth as to when we're going to hire that
individual, so --
Chairman Regalado: We got to do it. If -- do you want to --
Commissioner Teele: I thought we asked the Board. What is the board -- we have a City audit,
what is it? I thought we asked the City Audit Advisory Board to take --
Mr. Vilarello: The item I believe was --
Commissioner Teele: No, no, that board -- that position does not report to the Attorney, the
Clerk, or the Manager.
Chairman Regalado: It only reports to the City Commission.
Commissioner Teele: That position reports only to the City Commission. The Manager, nor the
Attorney, nor the Clerk, should directly be involved in that position.
Chairman Regalado: I think you're right. If we directed the Audit Board, the Audit Committee
to come up with the plan to hire the Auditor General.
Commissioner Teele: Didn't Broward County just approve one of those or Fort Lauderdale?
Chairman Regalado: They did.
Commissioner Teele: This past November?
Chairman Regalado: They did.
Mr. Vilarello: Yes. In Broward County there was that question raised, but the Audit Advisory
Committee had it -- on its agenda to address the independent Auditor General, and for some
reason, I don't know why that last meeting was cancelled before it came to a conclusion on the
audit.
171 November 19, 2002
Chairman Regalado: Well, we need to make sure that they take that item on the next meeting that
they have.
Commissioner Teele: The job qualifications, the minimum requirements, the dah, dah, dah, dah,
dah, dah, dah, dah, dah.
Chairman Regalado: OK, if we vote on 10 now ,we're voting also on this plan?
Commissioner Teele: On the organization.
Mr. Gimenez: Yes, sir.
Commissioner Teele: I -- so, has it been moved?
Chairman Regalado: No, it hasn't been moved.
Commissioner Teele: I would move the adoption.
Vice Chairman Winton: Second.
Chairman Regalado: It's an emergency ordinance, it's been moved and second. Read the
ordinance.
The ordinance was read by title into the public record by the City Attorney.
Chairman Regalado: Roll call.
Commissioner Teele: Mr. Chairman, before you have the roll call, I think Mr. Cox --
Chairman Regalado: You want on this one or on 11?
Charlie Cox: I want to speak on the reorganization.
Chairman Regalado: OK, you want to do it now, or rather we vote and move on to 11? That's
OK, we're going to be here, you're going to be here, so why don't we vote -- let's vote on 10.
Roll call, and then we'll proceed with 11.
Priscilla A. Thompson (City Clerk): First roll call. Second roll call, an emergency. The
ordinance has been adopted 5/0.
172 November 19, 2002
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 12279, THE ANNUAL APPROPRIATIONS
ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND
BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2003, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Teele and seconded by Vice Chairman Winton, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None.
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Winton, adopted said ordinance by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12297.
Chairman Regalado: OK, thank you. Now we move on to 11. Do you want to address the
Board?
Commissioner Sanchez: I believe you want to speak on 10, and then I -- go ahead, and then --
Mr. Cox: Charlie Cox, Local 1907, 4011 West Flagler Street. I guess we just put the cart before
the horse, so it's really not going to matter too much what I say anyway. You know this thing
173 November 19, 2002
may be as great as apple pie and baseball, but I have some concerns, and I would like to thank
the Mayor, and the Manager, and Commissioner Teele, when we did get to have a meeting over
there so we at least, we were briefed on to what was going on. You know, the proof is going to
be in the pudding. They say that you're going to save $500,000, and that may be. Some of the
concerns that I had during the meeting were the business -like approach. I don't know how many
of you go into business on a daily basis, but I can tell you there's a whole lot of times that I'm not
satisfied with the businesses I go into, and I'm sure you're in the same boat, and you know what,
we may have a bad apple or two in the City of Miami, but most customers come in the City of
Miami, most people are awful friendly. You talk about we're going to computerize everything in
the City, and we've been spending millions and millions of dollars on the computers and we're
going to spend millions and millions of dollars more, and it amazes me when I brought it up in
the meeting that now you can look at Charlie Cox, if he was a lineman or electrical line
supervisor, and be able to tell that I went on five jobs and I fixed fourteen light poles, or I fixed
twelve lights in a day, and all of that's fine, you know what, because to me the more records you
have, the more you're able to prove how much you're doing in a day, and I think a whole lot of
people that put this scenario of City employees out there that are here to retire are going to find
out it's baloney, but it also amazes me that how do you put a number on services for the citizens?
When you take the biggest department in the City, which is Police Department, does that mean
the officer that writes 50 tickets a day is doing a better job because somebody else didn't do 5
tickets a day? Does that mean that somebody has 40 arrests and somebody has 12 arrests, they
didn't do their job for that month? Or a firefighter that goes maybe in a bad area, to where he
goes on a emergency call, 90 times in a day, and another one that doesn't get an emergency call
that day? But yeah, you're going to be able to tell all the people I represent how many letters
they wrote that day, how many light bulbs they fixed, how many toilets they fixed, how much
paint they put on the wall. I mean, you have to understand that we are not a business. We're in
the service department, and that's what we do, and that's what the people I do that I represent.
The other thing is I think you're making a big mistake, and it's going to cost the City a lot more
in lawsuits when you combine Labor Relations and Personnel, because you know you say that
the Chief Negotiation Officer, we'll it's a whole lot of other things that go into that labor
relations job. In other words, if there's a mistake in Personnel, we're able to go through a
grievance procedure that Labor Relations may be able to fix when they weren't combined. You
know what this is going to cause? This is going to cause all four of your unions going straight to
court, and you know what, I'll stand on my record and I think every other union will stand on
their record out there, and we don't lose that often, and it's because of mistakes being made, and
you know what, it's going to go straight to court and lawsuits are going to be filed. How many
promotional exams have went through or went haywire over the years that you've been here?
Another concern I have is, you know, Commissioner Teele brought up today, he wants
everything institutionalized for this new bond. Well, I went through two early retirements, and a
lot of you weren't here when we did those early retirements, but just to let y'all know, in the last
year we've had more people retire than we had in those two early retirements, and I understand --
and I wish I spoke Spanish and I don't, but we do have people monitoring the radio stations, and
I understand that all of us old-timers are stale and need fresh blood, and all of that other stuff, but
you're losing a lot of brain power every time one of these long-term employees go out the door,
and you know, we're sitting better today and it seems like everybody always takes the credit for
that, but the employees were the ones that went through all of this stuff. The employees were the
ones with 20 years here, 25 years, or 27 years like I have, that have been through all of these
174 November 19, 2002
times, and you know what? It amazes me that every time we turn around, we're getting kicked
in the teeth, but yet, when you need us, you want us, "Oh, be on our team," and I think that's
some of it, it's gone on, and I think there's a whole lot of anxiety, and I'm telling you, the morale
in the City is a real live problem. The other issue I have is you're combining departments,
you're getting rid of directors and stuff, and it wasn't long ago that we just got out of a consent
agenda. You know what? I think we may get back into that, we got to remember that we're a
diverse City here, and we have to continue that or we're going to be back into an area of a
consent agree, and then they're going to come to the unions, and say let's fix this, and they did
that about ten years ago, where we all had to sign off on that stuff, so I hope this works out, and I
hope it is like apple pie, and I hope it is like baseball, and it's already been approved, but you
know what, a year from now we'll all be able to tell. Thank you.
Chairman Regalado: Thank you.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Commissioner Sanchez.
Commissioner Sanchez: Every major business throughout the world through its times goes
through reorganization. Let me just say that the reason that I'm supporting this reorganization is
because of the past frustrations where many individuals here couldn't be held accountable, and
one of the things that this reorganizations is doing, and just to give you a perfect example, you
have a City park where you're doing a project and you have City park, Planning and Zoning, and
Public Works, and in many ways, none of them knew exactly what was going on, so what it does
here is basically everybody, hopefully -- and this is what we want to accomplish here, is that
everyone is going to have a unified playbook; we're not going to have 50 different playbooks,
and that's what happened in the City. To be honest with you, years ago and there has been
improvement, but we lost accountability and responsibility for our personal actions, and it gets
very frustrating for at least the City Manager and the elected officials, when projects that have
gone on for years, start off with one cost, and from there on, it just over budget where it doesn't
get done, so the key word that everyone is looking for here is accountability, and yeah, we do
have great employers in the City, but we also have bad employers in the our City, that have been
here for 'A" amount of years and they come to work with the mentality that the biggest
responsibility that they have that they're in the biggest decision that they're going to make is
where they are going to go to lunch. Well, I happen to disagree with you, Charlie. We have
employers that come out here and work; we have those that come out here and they have their
'A" amount of years, twenty -something years, twenty-five years, and you know what, that's the
biggest thing they do, and maybe it's time for those people to retire to bring in new blood and
people with new ideas, and it's not -- we're not here to kick you in the teeth, like you say, every
day, but you know what, I tell you what, if I had to choose a president to represent me, it'd be
you, because you get up and every time that the City or any changes touches a nerve, you come
out here and say, "Oh, you know, the union has always saved this City." Yeah, we been able to
work with the unions and we've been able to come together. It's not true?
Mr. Cox: I didn't say the unions saved the City. I said the employees saved the City, and you
know what --
175 November 19, 2002
Commissioner Sanchez: And once again --
Mr. Cox: -- you're an employee. You collect a salary just like I do, Commissioner.
Commissioner Sanchez: Charlie, out of respect --
Mr. Cox: That person ought to be fired --
Commissioner Sanchez: Charlie, Charlie.
Mr. Cox: -- if he worries about going to lunch.
Commissioner Sanchez: Charlie, out of respect, I'm going to yield to you, and you say what you
have to say, and then I'm going to say it.
Mr. Cox: Yes.
Commissioner Sanchez: You may not like it, but I'm going to say it to you.
Mr. Cox: No, you absolutely have a right, yes, sir.
Commissioner Sanchez: All right. OK, I'll tell you --
Commissioner Teele: But I'll tell you one thing, you don't collect the salary he collects.
Commissioner Sanchez: Oh, absolutely not. But here's the thing that I want to say, you have to
hold people accountable, and in the past we weren't able to do that. I'll give you a per -- you
couldn't, you'd ask somebody from one department and it was basically the fingers game, and
what you have to do is, if you are the executive director of that department, you got to be held
yourself accountable for your actions, just like I'm accountable for my actions on any project that
happens in my community. `Cause at the end of the day, I am the one that has to go out there
and give my face. It's not you and although I've sat with people in my office, which if I could
read minds, I could tell you exactly what they -- we didn't agree on the issue, we were debating
back and forth, and if I can read minds, you know what they were telling me? It takes an act of
God to fire me, but you in four years, you may be gone, and it's sad, but when it comes boiling
down to it, we want to hold people accountable, and this is not going to save the world. I mean,
we're not going to go out there now and be a hundred percent accountable, but I think it's a step
in the right direction, and I commend the Mayor for bringing these changes. I think we lacked
leaderships in the past. People that didn't want to, you know, step outside the norm or step
outside the box or basically pinch nerves. You know, every time that we come up here and you
say something that's going to affect the unions, you guys get up, and oh, dah, dah, dah, dah, dah,
but at the end of the day, we have to work because it all boils down to one thing, that you've
basically said, no one wants to kill the goose that lays the golden eggs, so the reorganization,
everyone should be supporting this, because basically what it does, we are going to be able to
provide, I think, a better service, and if it doesn't work then, in two or three years maybe down
176 November 19, 2002
the line we could go ahead and change the reorganization again, but reorganization is good, if
you're able to bring change, and the only way that we're going to be able to bring changes here
is holding people responsible for their actions, and we have not been able to do that in the past.
Chairman Regalado: Thank you, 11, Mr. Manager.
Commissioner Teele: Would you just explain, Mr. Manager, the change -- the $20,000,000
change in CD (Community Development)?
Mr. Gimenez: Yes, sir.
Ms. Ramirez: Hi. Jennifer Ramirez, Budget Department. This money simply reflects the
rollover of multiyear contracts that haven't been used. It's not an automatic thing; we have to do
this and present this before a Commission. Approximately about 16 million actually relate to
CD. Some of the other things relate to CRA (Community Redevelopment Agency) and Model
City and stuff like that, money just that hasn't been used, and we're going to roll it over, so that
it can continue to be used.
Commissioner Teele: Rollover?
Ms. Ramirez: Yes, sir.
Commissioner Teele: I move Item number 11.
Commissioner Sanchez: Second.
Chairman Regalado: OK, Item 11 is an emergency ordinance.
Commissioner Teele: With the organizational chart.
Chairman Regalado: With the organizational chart. It requires a four -fifth vote. We have a
motion and a second. Read the ordinance.
Mr. Vilarello: There is no organizational chart in this ordinance. It's in Item 10.
The ordinance was read by title into the public record by the City Attorney.
Chairman Regalado: Roll call.
Priscilla A. Thompson (City Clerk): Roll call. First roll call. Second roll call. The emergency
ordinance is adopted, 5/0.
177 November 19, 2002
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 12279, THE ANNUAL APPROPRIATIONS
ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND
BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2003, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Teele and seconded by Vice Chairman Winton, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None.
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12298.
Chairman Regalado: OK. Thank you, Chief, Manager, Mayor.
178 November 19, 2002
51. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE
MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND
USE DESIGNATION FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL" AT 250 NW
23RD STREET. (Applicant(s):Wynwood Lofts, LLC.)
Chairman Regalado: We go back, Lucia, PZ -2.
Lourdes Slazyk (Assistant Director, Department of Planning and Zoning): PZ -2? Again, for the
record, Lourdes Slazyk, Planning and Zoning. PZ -2 and 3 are actually companion items for land
use and zoning change for the property at 250 Northwest 23rd Street. This is going from
industrial to general commercial. The Planning and Zoning Department recommends approval.
It was recommended PZ -2, which is the land use change recommended approval by the Planning
Advisory Board and the zoning change was recommended for approval by the Zoning Board,
which is PZ -3.
Chairman Regalado: OK, anybody in opposition here to this item? Anybody --
Vice Chairman Winton: Lourdes, are we doing an overlay on that whole area along there?
Ms. Slazyk: What we have begun to do is first we created the light industrial land -use
classification, which is the work -live ordinance. That is going up to DCA (Department of
Community Affairs) now. You approved it on first reading, it's going up to DCA for the State
review, when it comes back we're going to put it into -- it will be in the comp plan second
reading and we're going to create the zoning. Then we're going to overlay it into properties in
this area according to the FEC (Florida East Coast) plan.
Vice Chairman Winton: Great that's all I needed to know, thank you.
Ms. Slazyk: Yeah.
Chairman Regalado: OK, anybody in opposition? Do we have a motion?
Vice Chairman Winton: Yes, I would like to move -- recommend the recommendation of staff.
Commissioner Gonzalez: Second.
Chairman Regalado: OK. We have a second and a motion, it's a ordinance. Read the ordinance.
Roll call.
Pricilla A. Thompson (City Clerk): The ordinance is adopted on first reading -- it passes on first
reading.
179 November 19, 2002
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP
OF the COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF the PROPERTY LOCATED AT
APPROXIMATELY 250 NORTHWEST 23RD STREET, MIAMI, FLORIDA,
FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A 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.
52. FIRST READING ORDINANCE: AMEND PAGE NO. 21 OF ZONING ATLAS OF
ZONING ORDINANCE NO. 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.)
Chairman Regalado: PZ -3 is a companion.
Vice Chairman Winton: So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and second. Read the ordinance. Roll call.
Priscilla A. Thompson (City Clerk): The ordinance is approved on first reading.
180 November 19, 2002
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. 21 OF THE ZONING ATLAS
OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM I INDUSTRIAL TO C-2 LIBERAL
COMMERCIAL FOR THE PROPERTY LOCATED 250 NORTHWEST 23RD
STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED
"EXHIBIT A"; CONTIANING A REPEALER PROVISION, A
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.
53. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE
MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND
USE DESIGNATION FROM "OFFICE" TO "SINGLE-FAMILY RESIDENTIAL" AT 28, 34
AND 50 SW 26TH ROAD, 25, 26, 28, 30, 35, 36 AND 46 SW 27TH ROAD, 24, 25, 34, 35 AND
45 SW 28TH ROAD (Applicant(s):Planning and Zoning Department.)
Chairman Regalado: PZ -6 is a first reading ordinance. The applicant is the Planning and Zoning
Department.
Commissioner Gonzalez: Move PZ -6.
Chairman Regalado: OK. We have a motion --
Joel Maxwell (Deputy City Attorney): It's a public hearing.
Chairman Regalado: Yes. We have a motion. Second? This is a public hearing. We open the
public hearing. Do we have anybody from the public who wishes to comment on this change of
designation? You do? Go ahead, sir.
181 November 19, 2002
James Bunsa: Good evening, my name is James Bunsa. I'm a property owner at 24 Southwest
28th Road. I want to give you a brief history; this is very quick about four or five sentences. I
was a young college student in the mid 1960's when the decision was made to put I-95 in, that
cut this neighborhood off from the rest of the road section. I was living there when the Nixon
Flyover was put in. That cut us off from US -1. I was living there when the improvements were
done to 26 Road to make it four lanes wide, which greatly restricts our ingress and egress. This
is no longer a residential neighborhood. Is it in the Roads section? Yes, it is bounded by four
major highways, bounded. There is no other property in the Roads section that is configured like
this. We in the early 80's requested a change in zoning in anticipation that someone would come
along and develop this property. That didn't occur at that point and time. I invite any of you --
you've probably driven by it a hundred times or more -- to go stand in the middle of the
neighborhood and observe what goes on around you from the traffic patterns that occur, and go
there on the weekend and try to get out. The traffic on 26 Road heading over to Crandon is
enormous, it's backed up, that was why the improvement occurred to I-95 and to the Roads right
there, so I'm opposed to going from office back to residential because the nature of that
neighborhood is not residential. I'm sorry, we couldn't even take our dog out for a walk for fear
of being run over by cars zooming around 26 Road, so --
Chairman Regalado: OK, Commissioner Sanchez, it's your district if you wish to make a
comment.
Mr. Maxwell: Yes, Commissioner, because of the opposition I would suggest that you hear staff
on that as well.
Susan Cambridge (Department of Planning and Zoning): Susan Cambridge, Planning and
Zoning. This item is a part of the clean up and the current zoning is single-family residential.
We are changing our land use to match the zoning, which is single families, and when I went out
to this community, it's a stable single-family residential neighborhood. We are changing our
land use to match the existing single-family residential zoning.
Chairman Regalado: You're changing from office to single-family.
Ms. Cambridge: Right, from office to single -- the comp plan is office and the zoning is single
family residential R-1.
Vice Chairman Winton: Then the use is single-family residential.
Ms. Cambridge: The use is single-family.
Commissioner Teele: But the speaker seemed to imply that you were changing it to office.
Ms. Cambridge: No, we are changing the land -use from office to single-family residential.
Vice Chairman Winton: The speaker was suggesting that it remain office.
182 November 19, 2002
Chairman Regalado: Right, that's what he wanted because of the roads and the traffic -- and
what would that do to the church and the school there?
Ms. Cambridge: It doesn't affect --
Commissioner Sanchez: It doesn't affect the school --
Ms. Cambridge: --any school or churches.
Chairman Regalado: Commissioner Sanchez.
Commissioner Sanchez: So move.
Vice Chairman Winton: Second.
Chairman Regalado: OK. We have a motion and a second. Read the ordinance. Roll call.
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION
OF THE PROPERTIES LOCATED AT APPROXIMATELY 28, 34, AND 50
SOUTHWEST 26TH ROAD, 25, 26, 28, 30, 35, 36 AND 46 SOUTHWEST
27TH ROAD, 24, 25, 34, 35 AND 45 SOUTHWEST 28TH ROAD, MIAMI,
FLORIDA; FROM "OFFICE" TO "SINGLE-FAMILY RESIDENTIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAININGING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed
on first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
183 November 19, 2002
54. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE
MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND
USE DESIGNATION FROM "RESTRICTED COMMERCIAL" TO "OFFICE" AT 1710 AND
1790 SW 27TH AVENUE. (Applicant(s): Planning and Zoning Department)
Chairman Regalado: OK, PZ -7 is a first reading ordinance. It's to change from restricted
commercial to office. What does that mean? It's in my district. What are you trying to do?
Susan Cambridge (Department of Planning and Zoning): It means that the zoning is currently
office, and we're changing the land use form restricted commercial to office. We're changing
the land use to match your zoning. And the zoning in place is office. An existing actual use of
the property is office.
Chairman Regalado: You do have apartment buildings there, you understand on that block,
right?
Ms. Cambridge: Yes, and there's some office uses and the zoning is already office. The zoning
in place is office.
Chairman Regalado: OK. This is a public hearing. Anybody from the public on this issue?
Vice Chairman Winton: Yeah, I still don't get it. Would you try that on me again?
Chairman Regalado: No, it makes sense. Johnny, that's 27th Avenue.
Vice Chairman Winton: Yeah, but I'm looking at the zoning map, on one side of the street you
got office, on the other side of the street, you know, in this particular -- if you look at this kind of
L-shaped view they got here, this dog leg, it could be either one, so I just don't understand what
we're really doing.
Ms. Cambridge: Well, I checked with the property owners that own the property, and they
agreed that they would like it to be office, and they have office uses on their property.
Commissioner Gonzalez: OK. So move PZ -7.
Chairman Regalado: OK. We have a motion and we need a second.
Commissioner Teele: Second.
Chairman Regalado: Second. It's a first reading ordinance. Read the ordinance. Roll call.
Priscilla A. Thompson (City Clerk): The ordinance passed on first reading, 5/0.
184 November 19, 2002
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 1710 AND 1790 SOUTHWEST 27TH AVENUE, MIAMI,
FLORIDA; FROM "RESTRICTED COMMERCIAL" TO "OFFICE"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND AN EFFECCTIVE DATE.
was introduced by Commissioner Gonzalez, seconded by Commissioner Teele, and was passed
on first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
55. DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO
AMEND LAND USE DESIGNATION OF MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN FROM OFFICE TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AT 890-
900, 920, 930, 940, 950, 954-956, 960-962, 990, 1020, 1028-30, 1042, 1060, 1100 AND 1130
SW 36TH COURT, 3675, 3680, 3690 AND 3692 SW 9TH TERRACE, 849, 901 (UNITS 21-58),
975, 985, 995, 1031-35, 1085, 1109-15, 1117 AND 1119 SW 37TH AVENUE, 3661, 3671 AND
3681 SW 12TH STREET.
Chairman Regalado: PZ -8, this is in district 4 too, and I really don't understand what you're
trying to do. I know what you're going to say but --
Vice Chairman Winton: Neither do I. That's two of us.
Chairman Regalado: Because you're crossing -- 37th Avenue is fine, but you're doing 36 Court,
36 Avenue, 12th Street, 9th, 36 Court and 11th 9th Terrace. This is all, listen, I know that by
memory, you have condos and single-family houses.
Commissioner Gonzalez: This is multi -family, right?
Susan Cambridge (Department of Planning and Zoning): That's correct.
185 November 19, 2002
Chairman Regalado: But you have also single-family homes.
Ms. Cambridge: We have equivalent to R-3, medium density residential.
Vice Chairman Winton: That's the current use. The real current use is medium family
residential, is what you're saying.
Ms. Cambridge: We have some medium density residential, we have some duplexes, and some
single-family in that area.
Vice Chairman Winton: And you have no office?
Chairman Regalado: But there is no office there.
Commissioner Gonzalez: There is no office there.
Vice Chairman Winton: Yeah, so that's what they're getting rid of They're getting rid of the
office designation and moving it to medium -density multi -family.
Ms. Cambridge: Right, and we're changing it to medium density residential.
Vice Chairman Winton: Now I get it, which is consistent with what the current use is.
Ms. Cambridge: Correct.
Chairman Regalado: OK, do we have a motion?
Commissioner Gonzalez: Move PZ -8.
Chairman Regalado: Oh, I'm sorry. It's a public hearing, go head, sir.
Ignacio Herrera: My name is Ignacio Herrera. I own five piece of property in 37 Avenue for
thirteen years. I read in the newspaper about this hearing, but I never received any notice. Last
Saturday I visit the 38 -owner property that show in the paper, and not even one person know
about this. Nobody receive anything. I would like to require from the Commission a defer, of
one or two week in order that I can get -- obtain some legal advance (SIC) and also the son of the
owner could be here.
Chairman Regalado: You did not receive any notice?
Mr. Herrera: No, sir, and not even -- I visit 38 property owners of the 37 Avenue and 36 Street
last Saturday.
Chairman Regalado: 36 Court.
186 November 19, 2002
Mr. Herrera: 36 Court I'm sorry, and not even one told me -- in the office of the City they told
me, "Yes, we sent the letter," and I told them, the people that told me that in the City, "Nobody
receive not even one, any letter, no writing, no by phone, no nothing."
Chairman Regalado: So, I'm not allowed to speak to the residents about this zoning change, and
so I didn't know that, but I think that if they did not get a notice, then I need to continue or defer
this.
Mr. Maxwell (Assistant City Attorney): Mr. Chairman.
Maria Faria: Excuse me, Maria Faria, Office of Hearing --
Chairman Regalado: Wait, let's hear from the City Attorney.
Mr. Maxwell: First is to this gentleman, he's waived requirements of notice by virtue of his
presence here. As to whether or not notice was actually given, as I was about to say, the Hearing
Boards Division can indicate whether or not they have actually provided notice as required by
the code and I would suggest you --
Ms. Faria: Maria Faria, Office of Hearing Boards. Eighty-one notices were mailed out
November Stn
Chairman Regalado: November?
Ms. Faria: November Stn
Mr. Maxwell: Was it posted as well?
Ms. Faria: Yes, it was posted and we have the affidavit of posting from the Inspector.
Vice Chairman Winton: Do we send regular mail? Does this go out by regular mail or is it
return receipt requested?
Ms. Faria: Yes, sir. Regular mail.
Chairman Regalado: Well, I don't -- is it regular mail or certified?
Ms. Faria: Regular mail.
Commissioner Teele: Do you want to defer this? Mr. Chairman, I would move that the item be
deferred.
Chairman Regalado: No, but let me say this, I drive every day to work through 37th Avenue,
pass 11th and 12th Street. I -- actually I have to make a left turn there. I did not see in any area
any posting from the City. I would have noticed this. I did not see any posting on 37th Avenue.
187 November 19, 2002
I don't know on this side on 36, because I turn to the Coral Gables side; but on 37th there was no
posting at all on any light poles. So we have a motion to defer.
Commissioner Gonzalez: Second.
Mr. Maxwell: Is this to continue to December 12th, Mr. Chairman?
Commissioner Teele: No, I'd like to have notice of that again.
Chairman Regalado: No, they need to notice --
Mr. Maxwell: So, what -- well, if you're re -noticing then it continues to January with
instructions to totally re -notice?
Chairman Regalado: January. Yes. OK.
Ms. Faria: OK.
Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 02-1248
A MOTION TO DEFER CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND LAND USE DESIGNATION OF
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FROM OFFICE TO
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AT
APPROXIMATELY 890-900, 920, 930, 940, 950, 954-956, 960-962, 990, 1020,
1028-30, 1042, 1060, 1100 AND 1130 SW 36TH COURT, 3675, 3680, 3690
AND 3692 SW 9TH TERRACE, 849, 901 (UNITS 21-58), 975, 985, 995, 1031-
35, 1085, 1109-15, 1117 AND 1119 SW 37TH AVENUE, 3661, 3671 AND 3681
SW 12TH STREET; FURTHER DIRECTING THE CITY MANAGER TO RE -
NOTIFY AFFECTED PARTIES FOR INCLUSION ON THIS ITEM ON THE
JANUARY 23, 2003 MEETING AGENDA
188 November 19, 2002
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Chairman Regalado: Thank you.
Mr. Herrera: What day?
Chairman Regalado: We don't know yet because they need to send all the letters and probably
will be a hearing this in January, not in December.
Mr. Herrera: In January. Thank you very much.
Chairman Regalado: If you don't get a notice, you need to contact the City because in the next
fifteen to twenty days the property owners should be getting a letter.
Mr. Herrera: I will be alert. Thank you very much.
56. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ARTICLES 4, 6, 9, 16 AND 25, IN ORDER TO MODIFY
PROVISIONS RELATED TO CELLULAR TRANSMISSION TOWERS, PERSONAL
WIRELESS SERVICE FACILITIES AND STORM RADAR SYSTEMS WITHIN CITY.
(Applicant(s): Planning and Zoning Department).
Commissioner Sanchez: Move PZ -9, Mr. Chairman.
Lourdes Slazyk (Assistant Director, Department of Planning and Zoning): PZ -9 I need to read
one correction into the record. This is our new cellular tower ordinance, which we've been
working on. On page 16 of the legislation there is a matrix for the permissibility of the free
standing and monopole cellular towers. There's one scrivener's error under PR (Parks and
Recreation). When it was being cut and pasted into the chart, inadvertently included the three
acre size limitation for the parks that's supposed to be a GI (Government Institutional)
requirement. If you look on the next page, you'll see it there, so I want to eliminate the
otherwise only within parks over three acres in size from that box in the under PR, so it will read
permissible by special exception certificate of compliance for marinas and golf courses only, if
in compliance with the criteria specified in section 949.5.1. Other locations and modifications
require special exceptions with City Commission approval. The important thing to note about
189 November 19, 2002
this ordinance is that any freestanding facility will now require a public hearing for sure.
Whether it's before the Zoning Board or before the Commission, the only thing that's going to be
allowed by right without some kind of public hearing and notice for a 500 foot radius, is going to
be rooftop and pole location and wall mount facilities, nothing free standing.
Commissioner Teele: What about police and fire?
Ms. Slazyk: The police and fire --
Commissioner Teele: Are they exempted out too?
Ms. Slazyk: They -- for police and fire stations, they can -- there is some specific language in
here, but for free standing facilities, they require some kind of public hearing and brand new
design criteria that requires camouflage disguise, concealment, landscape buffers, it's a very
comprehensive --
Vice Chairman Winton: For the free standing.
Ms. Slazyk For the free standing.
Vice Chairman Winton: Good, that is what I wanted to hear.
Ms. Slazyk: Yes. It's a very comprehensive ordinance. We recommend approval with the
change and we'll fix that for second reading. We'll make sure that scrivener's is corrected.
Commissioner Teele: Mr. Jones, I hope you're satisfied with this.
Leroy Jones: Yes, before I congratulate Ms. Anna and her staff for working so closely with this
cell phone tower committee, which I'm the chairperson of --.
Commissioner Teele: Your name and address for the record.
Mr. Jones: Leroy Jones, 180 Northwest 62nd Street, Neighbors for Neighbors Association. I
recently -- today I went to the Planning and Zoning Board meeting where three times in a row,
where I went to represent different businesses, the Planning and Zoning Board meeting was
cancelled because the reporter didn't show, and I think the contractors -- I think they had the bid
on that contract in order to get it, but I just want to let the Commission know that if this reporter
didn't -- this company didn't come three times in a row, then we can't get the job done and
straighten up the violations that buildings probably have, so three times in a row already people
took off from work, business owners, property owners took off from work. The volunteers that
sit on the Planning and Zoning Board put their time into it and then you also have some paid
staff that's there. Each -- three times in a row it's been cancelled.
Vice Chairman Winton: Can I ask a question about that then? Who's responsible, what staff
responsible for that meeting?
190 November 19, 2002
Maria Faria: Hearing Boards, but the meetings that were cancelled were the Code Enforcement
Meetings.
Mr. Jones: Right.
Ms. Faria: And actually tonight one was scheduled, and the same thing happened, the court
reporter did not show.
Vice Chairman Winton: But why are -- what are we doing -- I mean, that's -- it's insanity. I
mean, why aren't we calling the court reporting company after it happened the first time and
asking them, telling them they better have somebody there and you better have a back up, why
do we have to wait three times? I mean, it's awful. I don't get this.
Ms. Faria: We had scheduled a meeting with the Law Department and it was cancelled, I believe
two weeks ago, regarding --
Vice Chairman Winton: What does the Law Department have to do with the simple process of
calling the court reporting company ahead of time, the day before, and say, "Who's coming?"
And if that person doesn't show, who's your damn back up?
Ms. Faria: The same day, we confirmed it today, that the meeting was for today. And yes, we
will be there, yes, there will be someone there.
Vice Chairman Winton: So --
Commissioner Teele: Why don't we deal with this item and then get the Attorney and them to
come back, but I think Mr. Jones was correct in pointing it out; it's very frustrating, and it
incumbents upon all of us to make our appointments as well.
Mr. Jones: I just want to thank Ms. Anna and her staff in the NET office, Ms. Cooper in the
Model City area for scheduling the meetings, giving us all the information that we're requesting.
We can live with the way it's drafted. I just want to caution the Commission that I hope the
Commission, the FCC (Federal Communications Commission) recommended that the companies
that are put these towers in residential areas meet with the community, and offer some design
solutions, and also I want to caution the Commission to please, at the public hearing, if the
community is not satisfied with where it's going, try to offer another location to the company
other than just letting the company come in and gorilla the community and put it where it's put,
you know, because we basically don't have the experience because the way the law is written, if
the Communications Department can prove that it has to go there and if it don't go there, then
911 calls would be missed, then it has to go there, the committee and the residents don't know if
the information they're submitting is accurate or true. Why? Because we don't have skills or
paid people that can look into it to make sure that the Communications Department is telling the
truth about it, so we looking for this for the Commission to give support to us to make sure that
the Communications Department, whoever's placing these cell phone towers do us right by the
community, and again I want to thank Ms. Anna and her staff for working closely with us, and I
think the way it's going is in a step in the right direction. It's a hundred eighty degree turn from
191 November 19, 2002
where it used to be, so we see the progress if it just followed and we monitoring it's being done
the way that they write it, we can live with that, so we'd like to thank this Commission and I'd
like to thank Ms. Anna again for working so close to put this together. We can live with it.
Thank you.
Chairman Regalado: OK, it's a first reading ordinance.
Commissioner Gonzalez: Mr. Chairman, I think we have the Chairman of the Code Enforcement
Board that wants to address the Commission too.
Chuck McEwen: Commissioners, good evening, I wasn't planning on being here. I should have
been in my meeting, but this is the third meeting that we've had to cancel this month because of
this court reporting issue. Enough is enough. I would appreciate it if you could all send a
message of just that, that enough is enough. There's a lot of people wasting their time. Citizens
are wasting their time driving down there. We're wasting our time. A lot of City employees are
wasting their time. A lot of attorneys are wasting their time, not only that, but there are
properties that are pending foreclosure that people are going to lose if we don't finish with the
mitigation issues, and it really has gotten to a point where it's serious, period. That's one thing
and there was an issue brought up here a minute ago, about some zoning change or so, in your
neighborhood, Mr. Regalado. I dropped a note in your office yesterday, I don't know if you saw
it and I also --
Chairman Regalado: I saw it, and I think --
Commissioner Teele: Be careful what you saw.
Mr. McEwen: No, it's on this issue --
Chairman Regalado: No, you know, he's right, what I saw is a letter that was sent to the residents
of that district, which is on that area, 99.9% Hispanic. It's in English, and some people did not
understood what they we're trying to say, and Chuck pointed out that the City, as a courtesy to
the residents, should send notices in English and Spanish and Creole because that's the nature of
the City, and I think he's totally right. It may cost a little, but -- see, one, when you delivered
that to my office, another person called saying that she had some kind of violation that was sent
on the mail and she didn't do anything and the fact of the matter was that there was a code -- one
of those hearings that was being advertised, but she didn't understood what was the nature of the
letter, and she was very nervous and very upset because she said she hadn't do anything wrong,
so I think that the Chairman of the Code Enforcement does have a point, and it is important that
we follow through.
Mr. McEwen: It's a serious issue in the Hispanic community, and it's a even a more serious issue
in the Haitian community, because the Hispanics at least by now have their daughter or their
granddaughter or somebody that can sort of translate that legalese that goes out, but in the
Haitian community, there just isn't, and it really is bad when you're talking about -- not so much
in our hearings because people know when they have had a violation more or less that something
is going to come, but when you're dealing with zoning changes and Planning Advisory Board
192 November 19, 2002
issues, when the possibility is that the outlook of the neighborhood is going to change and these
people don't even know what they just got in the mail, so that's it, it's just you know, heads up. I
appreciate your time.
Commissioner Gonzalez: Thank you.
Commissioner Teele: Mr. Chairman, the order of the day is PZ -9 right now.
Commissioner Gonzalez: I move PZ -9.
Commissioner Teele: We got a hearing going on.
Chairman Regalado: Lucia
Lucia Dougherty: Hi, good evening, Mr. Chairman, members of the Commission, Lucia
Dougherty, offices at 1221 Brickell Avenue. I represent Storm Radar, which is a company that
has a device that actually has cellular communications towers or cellular communications
equipment within a tower that has a storm radar device on the top, and Lourdes has put in the
ordinance an ability to go into parks that is specifically in marinas and in golf courses with this
particular device, which is a great idea, but in speaking to Chairman Regalado prior to a few
months ago and even Commission Winton, they both suggested that perhaps this kind of dual use
might be something that would be available, for example, in a ball park, where you have the ball
park lighting could be actually a cellular communications tower, but currently your ordinance
wouldn't permit that, or even lighting for a swimming pool so you could have free lighting for a
swimming pool with a cellular communications tower, even an income producing ability for the
City, so you may want to change on first reading this ordinance to allow for that kind of thing.
We are supportive of the ordinance as it is, but this is something that was raised actually by a
couple of Commissioners, I just wanted to remind them of it.
Commissioner Teele: I would like to inquire Lourdes, has that particular item been discussed
with the neighborhood associations and --?
Ms. Slazyk: Not specifically. The only concern we have there is that in putting this in this chart
in PR, you will allow this in a PR, but it will also open up doors to other things in the parks that
wouldn't be part of a swimming pool or a ball park, and it might be another type of park where
all of a sudden you now have a cellular tower that you didn't want, and I think the consequences
of it just haven't been explored fully. For example, if I were to put that into this ordinance in the
vain of what this ordinance is, it would have to be with very specific criteria that it not exceed
you know, twenty feet in height that it might --
Commissioner Teele: Mr. Chairman I recommend that at this time we not add anything else like
this because the whole issue is cellular towers around schools. I don't want to hear about cellular
towers in a park at this time, you know, so --
Ms. Slazyk I think it needs additional criteria to be developed.
193 November 19, 2002
Commissioner Teele: I believe that it should come up on a separate track and go through a lot of
community meetings and make sure this is something that is not going to be objectionable
because a little information can be a very dangerous thing, and it needs to be fully discussed and
vetted.
Chairman Regalado: OK, we have a motion and a second.
Commissioner Teele: No. You have a --
Gil Pastoriza: Mr. Chairman, very quickly, Gil Pastoriza, 2665 South Bayshore Drive, Suite
420. I'm here tonight on behalf of Cingular Wireless and I want to commend your staff for
working with the industry as well as with the homeowners in arriving at a -- what I call a
compromised ordinance. We didn't get everything that we wanted out of it, I don't think that the
neighbors probably didn't get everything out it that they wanted, but it's a workable ordinance
that Cingular Wireless supports. Thank you.
Chairman Regalado: Thank you. We have a motion and a second. Read the ordinance. You
want to --? Go ahead, sir.
Sidney Calloway: Good evening, my name is Sidney Calloway, I'm with law offices of Shutz
and Bowen at 201 Biscayne Boulevard. I am counsel for Metro PCS, and I also want to thank
staff and the City Commission as well as some of the members of the community for working
with us on having this order prepared. We think it is something that is workable and we again
thank staff for their work on it.
Commissioner Teele: Mr. Chairman, I would move the item, approval of the item.
Chairman Regalado: OK. We have a motion. Do we have a second?
Commissioner Sanchez: Second.
Chairman Regalado: Second. Read the ordinance. Roll call.
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4, 6, 9, 16
AND 25, TO MODIFY PROVISIONS RELATED TO CELLULAR
TRANSMISSION TOWERS, PERSONAL WIRELESS SERVICE FACILITIES
AND STORM RADAR SYSTEMS WITHIN THE CITY OF MAIMI;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
194 November 19, 2002
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the Deputy City Attorney.
57. DIRECT MANAGER TO HAVE STAFF MAKE PRESENTATION REGARDING
ENTERTAINMENT DISTRICT AND COMMUNITY REDEVELOPMENT AREA PARKING
BEFORE COMMUNITY REDEVELOPMENT AGENCY (CRA) SOME TIME BETWEEN
JANUARY THROUGH MARCH 2003.
Chairman Regalado: PZ -10 it's a discussion concerning the Entertainment District and
Community Redevelopment Area parking by the Planning and Zoning Department. This is
within the boundaries of CRA. (Community Redevelopment Agency). Commissioner Teele, you
want to --
Commissioner Teele: I'd like for Lourdes to discuss it.
Lourdes Slazyk (Assistant Director, Department of Planning and Zoning): OK. Real briefly,
this item came up here to City Commission meeting. There was a lot of the property owners in
the CRA areas felt they really didn't understand what the parking rules were that applied to them
whether you're in the Entertainment District, outside the Entertainment District, you can do off-
site parking, or you can't do off-site parking, and how it all works, so we were asked to prepare
the study which basically outlines, as you can see, in this map, these are the different zoning
classifications that apply in this area. The analysis in this booklet describes what the parking
requirements and exceptions to parking are within each of the areas. Since the request came
from the City Commission, we have met with some of the major property owners in the area.
We have explained to them exactly what's in this analysis. We've provided them with copies
and everyone is now satisfied. There seems to have been a perception more than anything that in
the Entertainment District there were waivers of parking being given, that's not the case. A lot
of the entertainment facilities that have moved into the Entertainment District went and got
variances, that's why they don't have a parking requirement. However, as part of the
Entertainment District when they get their club approved, they have to give the City an
operational plan for the club, which shows how they're going to handle their parking. They have
to show the availability of public parking within a certain radius of the club and what kind of off-
site arrangements or valet arrangements they've been making. Like I said since we prepared
this, we have met with them and everyone seems to be satisfied because now they know where
195 November 19, 2002
they can and can't park and what rules apply to the different zoning classifications. If you have
any questions, I'm here and Juan Gonzalez is available.
Commissioner Teele: Have you discussed this with Dover Kohl? Have they --
Ana Gelabert (Director, Department of Planning and Zoning): Yes, we are still working with
Dover Kohl and Sergio Vasquez on --
Commissioner Teele: On this item --
Ms. Gelabert: -- yeah, on the generalities of it and the parking, and I did tell Sergio and Victor
Dover regarding the issues that were with parking. This was no new amendments, this was
really what it was, what was existing, and we're just going through exactly what Lucia said, of
the things that are allowed right now for everyone even though they might not be entertainment,
and we just had a meeting with them recently and we'll just keep working together on it. I know
Dover Kohl and the master plan for Park West are making some sort of assumptions on the plan,
and on this one we're working together to make sure that all this is taken in consideration.
Commissioner Teele: Well, what I would ask is that this presentation be given to the CRA Board
with a hearing you know, in February or January, February or March timeframe, because there's
just a lot of confusion, a lot of confusion and misinformation about the club districts versus
everything else and there's this perception that the clubs are getting all sorts of waivers.
Ms. Gelabert: We will do that, we'll take it to February but just to kind of reiterate what Lourdes
just said, because it was at the CRA Board meeting that this was requested for us to come here to
Commission. We did have a meeting with the people that have been concerned that where are
the CRA and the property owners the ones that are not necessarily on the Entertainment District
and that feel that they were affected, so we did have a meeting with them just to go through
everything, so they had time to ask any questions that they had and they were satisfied.
Commissioner Teele: On the question Ana, has off-street parking -- and I know the Chairman is
here but has off-street parking and the DOT (Department of Transportation) been in touch with
you about the parking underneath 395 and is that moving forward now?
Ms. Gelabert: They have not been in contact with me. I am ware of it because of the CRA and
the day -- as we were working on putting this presentation together, Art Noriega was also with
us, and he showed us and that's what is reflected on the plan. The parking that was going to be
under I-395, that's what the department knows.
Commissioner Teele: Because there are some confusing issues that I don't fully understand, but
I think you all need to be right in the middle of and that is whether or not the parking underneath
395 can be used to count for club uses, et cetera, and one of the unique provisions, I think
though, is because the club use is really an off -- I don't want to say off-peak, but off --
Ms. Gelabert: Different hours.
196 November 19, 2002
Commissioner Teele: -- off time, out of sync, you know, a unique time of day, you know, do we
treat parking for them, for the club district, the same way as we treat, say, parking for the NAP
(Network Area Point)?
Ms. Gelabert: Well, I'm not sure if I understand, we have parking which is required parking.
Commissioner Teele: The only thing that I guess I want to say is we need to not look at a 9 to 5
Monday to Friday, but we need to look at a 24 hour day 24/7 in making certain decisions about
parking because we really do have a much higher utilization of parking around the clock if you
will, and sometimes it can even be redundant to ask for parking in an area where a clubs not
going to open say until 11 o'clock.
Ms. Gelabert: I think those things are taken into consideration and the presentation that I know
Dover Kohl have been working on, exactly show the point you just made. What uses have
morning hours and which one had evening hours and how do they overlap and it will give us a
clear idea of exactly what are the uses that are overlapping and what would happen then, so
we're working with them and in February we'll take it to the CRA.
Commissioner Teele: Thank you. Mr. Vice Chairman, I guess Item number 11 is the only thing
that's left.
Commissioner Gonzalez: What happened to 10?
Commissioner Teele: It was a discussion item on information.
58. APPROVE WITH CONDITIONS SUBSTANTIAL MODIFICATION TO RESOLUTION
NO. 98-1151, MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22
OF ZONING ORDINANCE NO. 11000, FOR ONE MIAMI PARCELS `B", "C" AND "D"
PROJECT, TO BE COMPRISED OF RESIDENTIAL COMPLEX, WITH NOT MORE THAN
1,500 RESIDENTIAL UNITS WITH ACCESSORY RECREATIONAL SPACE, 9,000
SQUARE FEET OF OFFICE USES, 218,500 SQUARE FEET OF RETAIL USES AND 4,284
PARKING SPACES AT 300 SE 3RD STREET, 200 SE 3RD STREET AND 200 SE 2ND
STREET. (Applicant(s): Ricardo Glas, Trustee).
Vice Chairman Winton: Item 11.
Lourdes Slazyk (Assistant Director, Department of Planning and Zoning): PZ 11 is the Major -
Use Special Permit, which is technically a substantial modification of the Major -Use Special
Permit for the entire One Miami Project. This is for parcels B, C, and D. The project is a mixed-
use development on three blocks, which will consist of not more than 1500 residential units with
accessory recreational space 9,000 square feet of office uses, approximately 218,500 square feet
of retail uses, including the theatre and approximately 4,284 parking spaces. This will be
developed in phases. The project was reviewed and approved by the Large -Scale Development
Committee with the technical concerns being addressed. The Urban Development Review Board
had several concerns on the project regarding to the traffic and transportation assumptions, but
because this is within the area that the Downtown Transportation Master Plan is being
197 November 19, 2002
conducted, we did not include you know, their concerns here because that is going to be
addressed as the plan comes into effect. There is one condition I need to amend on the record
regarding the archeological monitoring that's going to take place. If you look in the
development order condition 13, which was a generic archeological monitoring requirement for a
property. Because of the location of this property, it was referred to the Historic and
Environmental Preservation Board for a look at the archeological management plan. The Board
has since approved that with additional conditions, so I want to reword condition 13 to reflect the
Board's action, so condition 13 will now read: "the applicant shall comply with the Miami One
Archeological Management Plan incorporated herein by reference and on file with the Planning
and Zoning Department, as prepared by Robert Carr, dated October 31, 2002, and as amended by
the Historic and Environmental Preservation Board Resolution 2002-68." This takes into
account the additional reporting and monitoring activities that the Board felt were necessary
because of the significance of this site. Other than that there was an additional condition. There
is a conditional 17 in the development order regarding proposed pedestrian bridges over 3rd
Street. The Planning and Zoning Department had concerns about this, and we didn't feel that
this was consistent with the Downtown Master Plan, which was to promote the pedestrian
activity in downtown, pedestrian bridges don't do this. The applicant has since withdrawn the
pedestrian bridges, and I wanted to put that on the record, that that condition is now complied
with because by letter they have withdrawn the pedestrian bridges over the street. Other than
that, we are very happy with the project, it's very well designed. It's going to bring more
residential retail office and mixed-use uses into the core of downtown, which is something that
we very much encourage and very much support. We recommend approval.
Chairman Regalado: OK. Anybody from the public who wishes to address the Commission on
this matter? This is a public hearing.
Gil Pastoriza: Mr. Chairperson, good evening, Gilberto Pastoriza, 2665 South Bayshore Drive,
Miami, Florida. I'm here on behalf of Ricardo Glas, trustee and the MDM Group. We feel very
excited about this project. We believe that this is the catalyst that's really going to really wake
up downtown. It's going to create a neighborhood, this project -- that's what it's doing; it's
creating a residential neighborhood in the middle of downtown Miami. I would just like to
introduce our professional team, who are available for questions from your staff and for the sake
of timing, what we will do is, unless you decide otherwise, we will just respond to your questions
and we will hold back from our presentation, but I think it's fair that I introduce to you the people
who have created this beautiful project. The architect is Mr. Bruce Brosch. We have also an
urban planner on board, Mr. William B. Renard. We have the traffic engineer Richard Akenger.
We have the economic analyst, the group of Sharpton Bronson. Archeologist is Mr. Robert Carr.
Our historian is Arva Parks, and on behalf of my partner is also here, Steve Helfman and then on
behalf of the owners, the people that pay the bill are Mr. Tim Water and Mr. Rafael Peruviera
(PHONETIC). All of the reports from our experts are in your package, and we're here to answer
any questions that you may have.
Chairman Regalado: Ok. Any questions from the board? Any motions from the board?
Commissioner Gonzalez: I move PZ -11.
198 November 19, 2002
Vice Chairman Winton: Second with conditions.
Commission Gonzalez: With conditions, right.
Commissioner Sanchez: Thank you, sir, that's a great presentation that you did.
Mr. Pastoriza: Thank you.
Chairman Regalado: PZ -11, we have closed the public hearing. We have a motion and a
second. It's a resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 02-1249
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS A SUBSTANTIAL
MODIFICATION TO RESOLUTION NO. 98-1151, A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF
ZONING ORDINANCE NO. 11000, FOR THE ONE MIAMI PARCELS `B",
"C" AND "D" PROJECT, TO BE LOCATED BETWEEN SOUTHEAST 2ND
AND 4TH STREETS AND BETWEEN SOUTHEAST 2ND AVENUE AND
BISCAYNE BOULEVARD, MIAMI, FLORIDA; APPROVING A
DEVELOPMENT ORDER; DIRECTING TRANSMITTAL OF THIS
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 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.
199 November 19, 2002
59. SECOND 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) REQUEST THROUGH
MANAGER APPEARANCE AT BOARD OF VENDORS, CONTRACTORS OR ANY
OTHER ENTITY RECEIVING FUNDING; (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 AND NON-BINDING COMMENT; AND (4) PROVIDE FOR PUBLIC HEARINGS.
Chairman Regalado: As you know PZ -12 -- thank you.
Commissioner Teele: It has been deferred.
Chairman Regalado: Has been pulled, withdrawn. We have PZ -13.
Joel Maxell (Deputy City Attorney): Withdrawn as well.
Commissioner Gonzalez: It's also withdrawn.
Chairman Regalado: It's also withdrawn. OK, so PZ items are done, we go back to the regular
agenda.
Commissioner Teele: item 13 is -- appears to be the 13, 16 --
Chairman Regalado: Item 13 is a second reading ordinance, this is about the Homeland Defense
Neighborhood Improvement Bond Program Oversight Board. It was approved on first reading
on September 26, moved by Commissioner Sanchez and Vice Chairman Winton. Do we have a
motion?
Commissioner Sanchez: I so move again.
Commissioner Gonzalez: Second 13.
Chairman Regalado: We have a motion and a second. Any comments?
Commissioner Sanchez: Call the question.
Commissioner Teele: (INAUDIBLE)
Vice Chairman Winton: Not as well as I should have, so I assume they made the changes that we
asked for, but Commissioner, I did not --
Chairman Regalado: Frank, they did?
200 November 19, 2002
Frank Rollason (Assistant City Manager): Yes, sir, Frank Rollason, Assistant City Manager. The
changes were requested by the Commissioner are in here, and the one that the administration
would like to recommend be removed is the one that was suggested and it's in here now as it
reads, 2-1207, and we're recommending -- that states it appropriations for all project
contemplated herein shall be considered at a public hearing. We're recommending that that
portion be removed and it go the regular route as every other expenditure, and we don't have to
have a public hearing --
Commissioner Sanchez: So move that that portion be removed.
Vice Chairman Winton: But isn't the public -- and I'm not going to disagree with this, because I
think the public hearing is already in place, and the public hearing is in fact the Bond Oversight
Board and that's a public meeting.
Mr. Rollason: Right, and we're saying that that --
Vice Chairman Winton: It is a public hearing.
Mr. Rollason: -- that portion, we think puts the safeguards in and --
Vice Chairman Winton: Right.
Mr. Rollason: -- you had asked me what areas would slow this process down and this is the area
that would slow it down.
Vice Chairman Winton: Yeah, If you had a separate public hearing, which is what we don't
want, but we satisfy the public hearing component, which both Commissioner Teele and I were
very interested in, through the Bond Oversight Committee.
Mr. Rollason: So we're recommending that it be passed with that portion removed.
Commissioner Sanchez: So moved that it be passed with that portion removed.
Commissioner Gonzalez: Second.
Vice Chairman Winton: Call the question.
Chairman Regalado: OK. Read the ordinance. Roll call.
Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0.
201 November 19, 2002
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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)
REQUEST THROUGH THE CITY MANAGER APPEARANCE AT THE
BOARD OF VENDORS, CONTRACTORS OR ANY OTHER ENTITY
RECEIVING FUNDING; (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; AND (4) PROVIDING FOR PUBLIC
HEARINGS; MORE PARTICULARLY BY AMENDING SECTIONS 2-1201
AND 2-1203 OF SAID CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was passed on its first reading, by title, at the meeting of September 26, 2002, was taken up for
its second and final reading, by title and adoption. On motion of Commissioner Sanchez,
seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12299.
60. CLARIFICATION BY MANAGER ON LIVING WAGE FIGURES (See #15).
Chairman Regalado: 15 second reading ordinance.
Commissioner Teele: 15 is cut.
Commissioner Gonzalez: Move 15.
202 November 19, 2002
Commissioner Sanchez: No, 16. Which one is 16?
Carlos A. Gimenez (City Manager): Mr. Chairman.
Commissioner Sanchez: That one I have a concern with.
Mr. Gimenez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Mr. Gimenez: I'd like to put some information back on item district 4B on the living wage
information, there was a discrepancy in the amount of money or the incremental cost of the
living wage ordinance would actually cost. In a Miami -Dade County living wage ordinance
rates, without benefits, the annual incremental budgetary impact would be about $654,000 with
benefits, it's $592,000. At the 110% of poverty level those figures without benefits would be a
$911,000 and with benefits, it's $824,000. We had given you figures ranging from $2 to 2.9
million, so the incremental cost is actually substantially lower.
Commissioner Winton: Are we on that issue item?
Chairman Regalado: I'm sorry?
Mr. Gimenez: No, I just wanted to clarify that information to the Commission.
Chairman Regalado: No, because it was on my blue page, and the administration came, human
resources and had it wrong.
Mr. Gimenez: Right, and those figures that were given were actually the total cost which
included the cost that we currently incur.
61. INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION RELATED TO
COMPOSITION OF MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) BOARD
THAT INCLUDES OPTION OF ONE OR TWO MEMBERS FROM MIAMI-DADE
COUNTY.
Chairman Regalado: MSEA (Miami Sports and Exhibition Authority), 16 second reading
ordinance.
Commissioner Sanchez: I have some concerns with that and I've stated it in the previous
meetings. The only concern that I have if the City Manager sits in MSEA, then those
Commissioners who do not sit in MSEA would basically, will be violating the Sunshine Law if
we inquire information from the administration, so I just want to bring that concern to light and
see how we can overcome that.
Vice Chairman Winton: Well, I think --
203 November 19, 2002
Commissioner Teele: Well, the Attorney has pointed that one up as well, and it's indicated that
that is a problem. And if that language should be that the Manager shall designate a senior staff
person.
Vice Chairman Winton: Actually, you know the other problem with it is with the Manager or his
designee you end up with eight members, right? Which means you don't have a tie breaker, so
you probably (UNINTELLIGIBLE) --
Commissioner Teele: Well, it would probably be a non-voting member.
Commissioner Sanchez: Yeah, it'd be a non-voting member.
Commissioner Teele: I mean, the question is this, look folks, we're all frustrated. I think MSEA
is a great organization. I think MSEA is probably in a better position than any entity in the City
to do the kinds of things that really need to be done, when you look at the direction of the Mayor
in terms of culture and music and entertainment, but contrary to that is sports and promotion, and
really, that's still with us. We are the sort of the governing board or we're the architects of what
the governing board in MSEA should be. Having a MSEA that is separate and distinct, that is
not the City; that can go over and work with the county, that can work with other municipalities -
- because remember, MSEA is a State legislation. It is a provision provided for by State law and
MSEA can get access to countywide dollars in the carrying out of its duty, so we don't want
MSEA to be a rubber stamp of the City Commission. We want MSEA to have its own corporate
identity, but it's a little frustrating when we can't get a budget approved you know, by MSEA
sixty days into the process. I don't know if this legislation is the right thing to do, but I do think
and several of the board members have said publicly, at least they have not said it to me. that
they feel that I'm trying to get rid of somebody. That's not my intent to get rid of anyone, but I
do think we need a MSEA that is coordinated better with the Manager's Office and with the
direction of this Commission.
Vice Chairman Winton: Correct.
Commissioner Teele: And I don't -- you know, Angel, you're sort of the new guy there, so
you're probably the most objective person in that regard, perhaps. I don't take any pride of
authorship of this legislation. I just think we need to somehow get MSEA to work more closely
with the Manager and to carry out some of the directions of the City. So --
Vice Chairman Winton: And I think that this is a -- is this the best thing? I don't even know.
From my viewpoint, what this does is it takes us a big giant step that will give us an opportunity
to relook. I don't know if this is the right step or the wrong step. I only know that the step that
we have doesn't work, and so I'm very much in favor of taking this step because it gives us an
opportunity to really kind of reengineer and see how a newly constituted board of MSEA will be
able to carry out the kind of mission that you just described, Commissioner Teele, so that's the
reason why I'm so supportive of this.
Commissioner Teele: And Mr. Vice Chairman, members of the Commission, I will tell you, I
really believe that the film industry when you look at MSEA's Charter, the film industry is
204 November 19, 2002
something that MSEA ought to really be out there working with us in those areas, in developing
that. My frustration with MSEA is that they sort of formed a circle around the building, you
know, and I don't want to destroy the building, I don't -- but none of these buildings if you look
at the five cities that have a second facility within spitting distance of the other one, Buffalo,
Saint Louis, I think there's one in Philadelphia. There's five of them, four of the five lose
money, they don't work, and to maintain a building to say we have a building, is sort of not
where I want to be and at the same time MSEA has the opportunity to go out and work with the
county, to work with the City, and to bring in dollars that we as a City cannot do, that MSEA can
do.
Vice Chairman Winton: Commissioner Teele, I have another thought about that as it relates to
this board structure.
Commissioner Teele: Before you say that, let me say this, because I don't want to offend
Commissioner Sanchez, and we don't get to talk Sunshine Law violation kind of stuff. In my
judgment, MSEA should have a role in the Orange Bowl, or at least it should be a consideration
that's made that we make a decision not to do it or to do it, but it shouldn't just be something --
well, Orange Bowl belongs to the City, so dah, dah, dah, dah, dah. We ought to look at that. We
ought to look at the ability of MSEA to go out and leverage dollars and bring dollars in to use for
the Orange Bowl, and Joe I don't mean to step on --
Commissioner Sanchez: No, I told you, I agree with that, I think that they fall within the same
scope of each other.
Vice Chairman Winton: But we wouldn't anymore give them that responsibility today, than a
man on the moon because we have no sense that they're going to be able to carry out the
mission, and so that's the reason I think this is a good step and where I was going, Commissioner
Teele, is that on the DDA (Downtown Development Authority), the DDA has a County
Commissioner sitting as an appointee to the DDA Board. Now, in fact they have expanded, now
we have an Assistant County Manager sitting on the board. That's turned out to be pretty
valuable in that they now are a part of the real process about things that are going on in
downtown, and so as you look at this board structure, maybe it is we leave a City Manager
designee as a voting member and add a County appointee somewhere or another, I don't know if
you like that idea or not.
Commissioner Teele: I'll go one step further. I'd go for two County, one from the Mayor or a
designee and the Commission and a designee.
Vice Chairman Winton: We just need to end up with an odd number though, from a voting
standpoint.
Commissioner Teele: The fact is this: MSEA if it had the right working relationship with the
City and the County, could possibly go over right now and negotiate "X" numbers of dollars in
terms of refunding what their outstanding debt, they could make available $30 to $50,000,000
according to some estimates, and so I would be more than willing to entertain -- offering that the
mayor of Dade County shall be or shall designate and the Commission shall designate one, and
205 November 19, 2002
that gives you, you know, nine people. Again, the idea is MSEA is not a City agency, it is a
State agency. We are the ones that are the entity to get to -- it is a State agency, isn't it, Madam
Attorney?
Maria Chiaro (Assistant City Attorney): That's correct.
Commissioner Teele: You know, we don't need to do it the way the County has always done
things, because that's part of the frustration that we have. If the County's got revenue like
convention CDT dollars, you know, we have no input in it. Maybe you know, this is something
that we could amend it, and then try to negotiate something, if they want to be a party to it, and I
think there is you know, like dropping some of the lawsuits, coming to some settlements on some
things, but I think one of the things we ought to do is, at least offer up to the County the potential
for being a partner with us in this area.
Vice Chairman Winton: So do I, I think there's real value there. Well, maybe I hate to say this,
but the idea of bringing some County representation on here, the first time we had a chance to
think about it is tonight, we thought about it for 60 seconds. Do we want to continue this item
for one more meeting, so we have the opportunity to sleep on this concept?
Commissioner Teele: Why don't we ask for the Attorney, why don't we continue this and ask
the Attorney to draft up an alternate that includes County legislation that would involve those
two and to ask the City Attorney to meet with the County Attorney, and to ask the Mayor to meet
with, you know, the county Mayor, and let's begin a dialog along the (UNINTELLIGIBLE).
Vice Chairman Winton: Yeah.
Commissioner Sanchez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Sanchez: I don't have a problem with that; I think it's a great idea. You know,
one again, the violation, the Sunshine Law doesn't allow us to communicate, and we have to -- in
a voluminous agenda we have to bring out the issues and try to massage it and create something
out of it, and I think it's healthy to do that. I don't have a problem with it, the only concern that I
had was being that I don't sit on MSEA, I have somebody else appointed, which I could under
this ordinance remove them and put myself to sit in MSEA, but if I opt to do that, then I would
be limited in having the opportunity to get information from the City Manager because it'd be a
violation of the Sunshine Law.
Commissioner Teele: I think we can solve that one.
Commissioner Sanchez: Through having him appoint someone from his staff and then that
person will be a non-voting --
Vice Chairman Winton: And we agree it needs to be solved. Yeah, we agree, we need to solve
that. We all agree.
206 November 19, 2002
Commissioner Sanchez: So we can vote on this, that's the only concern that I have.
Ms. Chiaro: Mr. Chairman.
Chairman Regalado: Yes.
Ms. Chiaro: If I may, this has been on your agenda for several times as second reading. Given
the direction from this Commission --
Chairman Regalado: It has to come back for first reading.
Ms. Chiaro: That's correct, so what I suggest that you do is, given that direction is that you reject
this for second reading and to bring back another ordinance pursuant to your direction.
Commissioner Sanchez: Move to reject this resolution and bring it back as first reading.
Commissioner Gonzalez: Second.
Vice Chairman Winton: Third.
Chairman Regalado: It's an ordinance. We need to read the ordinance.
Maria Chiaro (Assistant City Attorney): An ordinance of the Miami City Commission amending
Chapter --
Vice Chairman Winton: We need to read the ordinance to reject it?
The ordinance was read by title into the public record by the Assistant City Attorney.
Chairman Regalado: Roll call.
Priscilla A. Thompson (City Clerk): Commissioner Winton?
Vice Chairman Winton: What -- how am I supposed --
Chairman Regalado: Need to vote "no."
Vice Chairman Winton: No.
Ms. Thompson: Commissioner Teele?
Commissioner Teele: No.
Ms. Thompson: Commissioner Gonzalez?
207 November 19, 2002
Commissioner Gonzalez: No.
Ms. Thompson: Commissioner Sanchez?
Commissioner Sanchez: No.
Ms. Thompson: Then Chairman Regalado?
Chairman Regalado: No.
Ms. Thompson: The ordinance failed on second reading.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/
BOARDS, COMMITTEES AND COMMISSIONS/SPORTS AND
EXHIBITION AUTHORITY," TO CHANGE THE MEMBERSHIP
COMPOSITION FROM ELEVEN TO EIGHT MEMBERS, AND THE
NUMBER OF YEARS PERMITTED FOR CONSECUTIVE SERVICE AS A
MEMBER ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY
("MSEA"); DESIGNATING THE CITY MANAGER OR THE DESIGNATED
ASSISTANT CITY MANAGER AS A NON-VOTING EX OFFICIO MEMBER
AND TO SERVE AS MANAGING DIRECTOR OF MSEA; AND
REQUIRING THE EXECUTIVE DIRECTOR OF MSEA TO ATTEND
MEETINGS OF THE GREATER MIAMI CONVENTION BUREAU; MORE
PARTICULARLY BY AMENDING SECTIONS 2-1013 AND 2-1015 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of May 9, 2002, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Gonzalez, the ordinance FAILED by the following vote:
AYES: None.
NAYS: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Vice Chairman Winton: I think that's the first unanimous "no" I've ever heard.
208 November 19, 2002
Commissioner Teele: Mr. Chairman, I move that the City Attorney be instructed to prepare an
ordinance for first reading that includes the option of one or two members from the County and
the County Attorney be instructed to meet -- the City Attorney be instructed to meet with the
County Attorney and Commissioners be requested to meet with their colleagues from the County
to determine the viability of such a proposal.
Vice Chairman Winton: And can we encourage the Mayor to meet with the County Mayor?
Commissioner Teele: And of course the Mayor to meet with the County Mayor.
Commissioner Gonzalez: 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. 02-1250
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT
LEGISLATION RELATED TO THE COMPOSITION OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY (MSEA) BOARD THAT
INCLUDES THE OPTION OF ONE OR TWO MEMBERS FROM MIAMI-
DADE COUNTY; FURTHER DIRECTING THE CITY ATTORNEY TO
MEET WITH THE MIAMI-DADE COUNTY ATTORNEY, AND
REQUESTING THE MAYOR AND CITY COMMISSIONERS TO MEET
WITH THEIR COLLEAGUES FROM MIAMI-DADE COUNTY TO
DETERMINE THE VIABILITY OF PROPOSAL TO RESTRUCTURE MSEA.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman, the only thing that I would say is -- if we take a step like
this, we should get some movement on some of these issues, I mean, and again we are always
going first, we're always trying to --
209 November 19, 2002
Vice Chairman Winton: I think we have some real movement going on and the Mayor's been
very much involved in that, and I had a meeting a few weeks ago with Commissioner Morales,
the County Attorney, the City Attorney, a few other people going over a bunch of these issues
and there is a very strong dialog now that started, so I'm more confident than ever that we're
going to -- and it was the water and sewer thing that got it all cranked up.
62. APPOINT COMMISSIONER JOE SANCHEZ AND MERCEDES LOPEZ CISNEROS AS
MEMBERS OF SISTER CITIES COORDINATING COUNCIL.
Chairman Regalado: OK, we need to make an appointment on the Sister Cities Coordinating
Council.
Commissioner Gonzalez: I move, Commissioner Sanchez.
Chairman Regalado: I'm sorry?
Vice Chairman Winton: Commissioner Sanchez.
Chairman Regalado: Oh, for --
Vice Chairman Winton: Sister Cities.
Chairman Regalado: -- for their representative, as the Commissioner. Ok. We have -- well, why
don't we make all the appointments. Any other appointments?
Pricilla A. Thompson (City Clerk): I'm sorry, Commissioner Regalado, if I might, we may need
to do it separately because the Commission at large is going to appoint one of the Commissioners
to serve. The Commissioner that's appointed to serve cannot appoint anyone, so if we can do
that one first, it will be easier for us.
Chairman Regalado: Sure. We have a motion to appoint Commissioner Joe Sanchez as the
Chairperson or as the Commission representative in the Sister City Coordinating Council.
Motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
210 November 19, 2002
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 02-1251
A MOTION APPOINTING COMMISSIONER JOE SANCHEZ AS THE
COMMISSION REPRESENTATIVE ON THE SISTER CITIES
COORDINATING COUNCIL.
Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: Now the appointments. Any appointments, Commissioner Gonzalez?
Commissioner Gonzalez: For that board?
Chairman Regalado: Yes.
Commissioner Gonzalez: No. I'm going to pass.
Chairman Regalado: Commissioner Teele?
Commissioner Gonzalez: Sister Cities.
Chairman Regalado: Commissioner Winton?
Vice Chairman Winton: No, I don't have a clue.
Chairman Regalado: OK. I'm appointing Mercedes Lopez -Cisneros.
Vice Chairman Winton: Second. I guess I'll chair this then. You want me to chair the vote on
this one?
Chairman Regalado: Yes.
Vice Chairman Winton: We have a motion on --
211 November 19, 2002
Commissioner Gonzalez: Second.
Vice Chairman Winton: We have a motion a second. Any further discussion? Being none, all
in favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed, motion carries. OK, you're back.
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 02-1252
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE SISTER CITIES
COORDINATING COUNCIL FOR TERMS AS DESIGNATED HEREIN.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: All the other appointments. Remember to make the appointments if
possible next meeting because the Mayor wants to move this Sister Cities Council and we really
need to have --
63. APPOINT LOURDES SOLERA AS MEMBER OF HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD.
Chairman Regalado: Item 26 district 2, Historic and Preservation Advisory Board, Commission
at large, Vice Chairman Winton, you have any idea?
Vice Chairman Winton: No, I do not.
Chairman Regalado: OK, you want to defer that?
212 November 19, 2002
Vice Chairman Winton: Yes.
Chairman Regalado: Twenty-seven members of the Historic Environmental Preservation Board,
Commissioner Sanchez has two appointments and Commissioner Teele has one appointment.
Commissioner Teele: I'll appoint Mr. Gary A. Appel, A -P -P -E -L, Esquire, who is a resident of
the City of Miami.
Chairman Regalado: Commissioner Sanchez?
Commissioner Sanchez: I would like to appoint as the historian architect Lourdes Solea and
citizen, Jane Caporelli.
Chairman Regalado: OK, we have a motion and a second for this appointment. All in favor say
aye.
11
Commissioner Gonzalez: Second.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1253
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS
DESIGNATED HEREIN.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
64. APPOINT SAM BURSTYN AS MEMBER OF ORANGE BOWL ADVISORY BOARD.
Chairman Regalado: 28, Orange Bowl Advisory Board. Commissioner Teele has two
appointments. Vice Chairman Winton has one, and Mayor Diaz has one.
213 November 19, 2002
Commissioner Teele: I would like to reappoint Mr. Sam Burstyn and request a waiver of his
residence.
Commissioner Sanchez: So move.
Commissioner Gonzalez: Second.
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 Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1254
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL ADVISORY
BOARD FOR A TERM AS DESIGNATED HEREIN.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Regalado: Vice Chairman Winton?
Vice Chairman Winton: I'll defer for this.
Chairman Regalado: OK, Mayor Diaz also has an appointment.
Vice Chairman Winton: Mr. Chairman.
Chairman Regalado: Yes, sir.
Vice Chairman Winton: I'm going to appoint Rafael Sixto.
214 November 19, 2002
Chairman Regalado: OK.
Commissioner Teele: Second the motion.
Vice Chairman Winton: Oh, no, that's -- I'm sorry, I'm on the wrong deal; I'm on the UDRB
(Urban Development Review Board). Never mind.
Commissioner Teele: Never mind.
Chairman Regalado: We have a motion. Did you appoint anybody?
Commissioner Teele: No.
Commissioner Gonzalez: We did 28; we have to do 29 now.
Chairman Regalado: 29, I'll defer, it's one appointment that I have to make on December the 12.
30.
Commissioner Teele: Commissioner Gonzalez has one appointment.
Commissioner Gonzalez: I'll defer my appointment.
Commissioner Teele: All right. 30 is deferred, Mr. Chairman.
Chairman Regalado: 30 deferred. 31, Commissioner Sanchez has one appointment Miami Co
designation Review Committee.
Commissioner Sanchez: I'll pass.
65. APPOINT JOSEFINA SANCHEZ PANDO, ALLYSON WARREN, PAULINE RAMOS,
CONSTANCE JOHNSON, SHASHI JAGADISH, KAREN CARTWRIGHT, EUNICE SOTO,
LUCIE TONDREAU AND ANITA MC GRUDER, AS MEMBERS OF MIAMI
COMMISSION ON STATUS OF WOMEN.
Chairman Regalado: OK, the Miami Commission of the Status of Women, Item 32.
Commissioner Sanchez: I have an appointment, I had one of the member's resign, and I would
like to appoint Mrs. Eugene Soto, who is the Principal of Miami Senior High School.
Commissioner Gonzalez: Second.
Chairman Regalado: OK, I will be appointing the following persons: Josefina Sanchez-Pando,
and Allyson Warren, reappoint.
Commissioner Gonzalez: I'll reappoint Pauline Ramos and Constance Johnson.
215 November 19, 2002
Commissioner Teele: I will reappoint Ms. Jagadish.
Allyson Warren: Shashi Jagadish, sorry.
Commissioner Teele: Yes, exactly, and Ms. Cartwright.
Vice Chairman Winton: Joe, are you appointing yours? Did you already say yours?
Commissioner Sanchez: On the League of Cities?
Vice Chairman Winton: No, Status of Women 33.
Commissioner Sanchez: Oh, yes,
Vice Chairman Winton: You were reappointing yours?
Ms. Warren: You had two, the entire board is up for reappointment.
Commissioner Teele: He appointed one person already.
Commissioner Sanchez: Yeah, I appointed Eunice Soto at this time and I will defer on the other
one.
Vice Chairman Winton: OK. I'm going to reappoint Lucie Tondreau and Anita McGruder.
Commissioner Teele: Move the appointments, Mr. Chairman.
Vice Chairman Winton: Second.
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 Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1255
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI CITY
COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS
DESIGNATED HEREIN.
216 November 19, 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.
66. APPOINT LUIS SABINES, JR AS MEMBER OF LITTLE HAVANA FESTIVAL
COMMITTEE.
Chairman Regalado: 33. Little Havana Festival Committee, Commissioner Teele has one
appointment.
Commissioner Teele: My appointment was Mr. Sabines, right?
Pricilla A. Thompson (City Clerk): That's correct, sir. Passed.
Chairman Regalado: Luis Sabines Jr.
Commissioner Teele: I'll appoint Mr. Sabines, Jr.
Commissioner Sanchez: Second.
Chairman Regalado: We have a motion and a second. All in favor say, "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1256
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA FESTIVAL
COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
217 November 19, 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.
67. DIRECT MANAGER TO BRING BACK FOR COMMISSION CONSIDERATION
ORDINANCE ON FIRST OR EMERGENCY READING TO APPROPRIATE FUNDS FOR
ALL CAPITAL IMPROVEMENT PROJECTS AND REPORT ON MACEO PARK.
Chairman Regalado: We have several discussion items. We did 35; 36, discussion concerning a
report on the Brentwood Village Project located at 5175 Northeast 2 Court. I don't know what is
this.
Commissioner Teele: It's in my district; I asked that it be brought up. When are we going to have
the ordinance -- at the next meeting on the bond issue? Are we going to have the clarification on
all of the projects on the bond issue at the next meeting?
Janet Palacino (Director, Department of Capital Improvement Programs): We can try and come
back at the next meeting.
Commissioner Teele: Well, it's really important that we come back the next meeting, Carlos.
Ms. Palacino: Commissioner, we're doing everything that we can to get (UNINTELLIGIBLE)
information.
Commissioner Teele: If not that one, the next one.
Commissioner Winton: I don't think he has any motivation for that.
Commissioner Teele: No, because --
Carlos A. Gimenez (City Manager): I'll take that under consideration, yes.
Commissioner Teele: Mr. Chairman, the reason is this, we have had several designations and I
don't know where Mr. Nachlinger is. Is he here today? I haven't seen him all day, but between
Mr. Nachlinger and between the CIP (Capital Improvement Programs), you know, we need to
get this thing resolved because for example, this Brentwood Project is one that the Public Works
218 November 19, 2002
Department was recommending from the Quality of Life Project. We also have the issue and I
thought you all were going around in August and you're going to be back in October, and then
November in terms of the bond, you know, the re -designation of bond projects.
Mr. Gimenez: Yeah, the --
Commissioner Teele: You were meeting with all the Commissioners and that was going to
happen in October and then November --
Mr. Gimenez: Yes, sir.
Commissioner Teele: -- and that's why I'm saying, that's got to come back in the next meeting.
Mr. Gimenez: Yes, sir.
Commissioner Teele: Because it's fine to talk about the Brentwood Project in this context, but it
needs to be designated. The dollars need to be earmarked. The same thing is true of the Police
Precinct that I gave Mr. Nachlinger my comments on back in September, but it still hasn't come
back.
Mr. Gimenez: Yes, sir.
Commissioner Teele: And I'm not blaming Mr. Nachlinger or you, I'm just simply saying that
these bond issues need to come back with some degree of regularity with a real structure here,
because we're -- just like we did this morning, you know, we said, OK, $250,000 or $25,000 or
whatever it was, but it's not tied to anything directly, and I want to tie these projects to something
directly, so that you all can move to spend money, and --
Mr. Gimenez: Yes, sir.
Commissioner Teele: -- it doesn't do any good to designate the project if you can't go forward
and spend money, and so we wind up saying, "OK, this is what we want to do," and then six
months later, if the dollars haven't been designated, they really can't begin work properly, and so
all that I'm suggesting to you is that the Brentwood Project, which we discussed at the last
meeting, we said we would bring it back for the bond ordinance, to be a part of the bond
ordinance, and I'd like to make sure that we do that. In addition, you know, we had the Model
City's request for the Technology Center, and that has been modified and that was at the Budget
hearing we deferred that, and we'd like to go ahead and get those projects on the map now.
Mr. Gimenez: Yes, sir, and we'll bring it back to you for discussion on the December meeting,
sir.
Commissioner Teele: But, Mr. Manager, I really think, rather than bringing it back for
discussion, you should bring us back an ordinance --
Mr. Gimenez: Yes, sir.
219 November 19, 2002
Commissioner Teele: -- for first reading, and not an emergency ordinance, but an ordinance for
first reading.
Mr. Gimenez: Fair enough.
Commissioner Teele: Or if you want to do it as an emergency, on second thought, January 6 is
fast coming, but we ought to have an ordinance and a framework by which we are looking at all
these projects; not just to say we want to do them, but to appropriate the money against them,
and that's all that I'm --
Mr. Gimenez: Yes, sir.
Commissioner Gonzalez: Mr. Chairman.
Chairman Regalado: Yes, sir.
Commissioner Gonzalez: Mr. Manager, now that we're talking about projects, when was our
last Commission meeting? I believe it was October --
Chairman Regalado: 29.
Commissioner Gonzalez: October 29. OK, since October 27, everything has been stopped on
Maceo Park and what we're doing or at least what I'm doing is sending the wrong message to
that community, and sending the wrong message to the developer with whom we had the issues
with Maceo Park. Nothing has been done ever since. Everything has been stopped and maybe
has been thought that because we decided in the Commission to vote in favor of keeping the park
for the residents, that I was going to forget about the park. I continue to go to the park every day.
Right now, when we leave here, I'm going to go by the park.
Commissioner Teele: Are you going to Sewell Park or Maceo?
Commissioner Gonzalez: No, I'm going to Maceo Park. I haven't joined that team yet, and I
think at my age it's very difficult. Maceo Park, Maceo Park. I like to be with the machete in one
hand and a gun in the other one, and I'm, you know, I'm really concerned because I spoke to you
last week about this and I know that you tried to get some answers and supposedly, we were
going to get some answers, but the park is stopped. Nothing has happened for fifteen days, and I
would like to finish the project. December 7 is -- we're going to have a -- in commemoration of
Maceo, we're going to have a gathering at the park. Well, I'm going to have to suspend it,
because the park is not ready.
Mr. Gimenez: Well, we'll get you a report tomorrow as to what is going on with Maceo Park
and --
Commissioner Gonzalez: Now, the answer that I'm getting from Parks Department is that when
it was up to them, they were in fact getting things done. Now, some of the items were pulled
220 November 19, 2002
from them and given to CIP, I'm not trying to blame CIP or anybody, but the issue is in fact
every since the project was pulled from them, everything has stopped.
Mr. Gimenez: I'll get you a report on that, and you know, we promised you that the work would
continue and that we would meet our deadlines, and I surely want to comply with our promise to
you.
Commissioner Gonzalez: I know, I know.
Mr. Gimenez: So we'll get you the report and we'll get this thing kick started. There may be a
reason why there's a gap of no work, but we'll find that out tomorrow.
Commissioner Gonzalez: Thank you.
Chairman Regalado: OK. You're done, Commissioner?
Commissioner Teele: Are you familiar with the project, ma'am?
Ms. Palacino: Brentwood Village?
Commissioner Teele: Yes, ma'am.
Ms. Palacino: Yes, I am.
Commissioner Teele: And has Public Works or somebody sat down with you and talked to you
about it?
Ms. Palacino: Yes, we've gone over it and I had come up with an estimate for you, just shy of a
million dollars for the work that was requested.
Commissioner Teele: But no guard gates?
Ms. Palacino: No guard gates.
Commissioner Teele: All right. All right, so we'd like to get that integrated in the --
Ms. Palacino: In the bond program.
Commissioner Teele: -- in the bond program at the next meeting perhaps, I hope.
Ms. Palacino: OK.
Commissioner Teele: Thank you very much. Thank you, Mr. Nachlinger.
221 November 19, 2002
68. DISCUSSION CONCERNING PURCHASING ADDITIONAL BLEACHERS AND
SHADE STRUCTURES FOR GIBSON PARK FOOTBALL FACILITY.
Chairman Regalado: We need to do the bleachers for the Gibson Park Football Facility.
Commissioner Teele: Don't leave, madam director. Is the Gibson Park in your program or is
they going to handle that as a minor code item?
Frank Rollason (Assistant City Manager): That's a Parks Department and they're going to
handle that with Safe Neighborhood Parks and Albert going to report on it.
Al Ruder (Director, Department of Parks): We have money available from Safe Neighborhood
Park. We've already priced the bleachers. We're going to meet with the Optimist Club to select
the colors; I don't need any Commission action, I already have authority to order it, so as soon as
I do that, I'll --
Commissioner Teele: But these are covered now, right?
Mr. Ruder: These come with a like a -- covering on it that will shield you from the sun and from
the rain, a permanent cover.
Commissioner Teele: What's the budget price of this roughly?
Mr. Ruder: We're estimating that is should not exceed 78,400, is a figure we've gotten from the
vendors.
Commissioner Teele: And we have that authority out of the Safe Neighborhood Bond money.
Mr. Ruder: You approved 100,000 for Gibson Park for park equipment, which this falls under
that authorization, and we're piggy -backing on the County vendors to make it quicker.
Commissioner Teele: Great. What about Moore Park, did we --?
Mr. Ruder: Moore Park, we're bringing that back in -- I believe, in the next meeting for your
final approval because we've already selected everything and have the funding and everything.
Commissioner Teele: Why does that have to come back?
Mr. Ruder: Because at the time you -- it still has to be -- this is Safe Neighbor, which has been
appropriated. The Moore Park is appropriated under the Neighborhood Park Improvements, but
it has to be clarified that it's from Moore Park.
Commissioner Teele: The same issue that I'm talking about.
Mr. Ruder: Right.
222 November 19, 2002
Commissioner Teele: OK, well, please coordinate with Mr. Nachlinger and --
Mr. Ruder: Yes, we will.
Commissioner Teele: Now, who's going to do these projects? Is Public Works going to do it?
Is Parks going to do them? Is the CIP (Capital Improvement Programs) going to do them? Or --
Mr. Manager?
Carlos A. Gimenez (City Manager): The CIP, you know, and this is a project, I guess, started
before CIP is going to be responsible from A through Z for all projects in the City of Miami.
Although Al is standing up there now for this project, pretty soon Al's not going to be standing
here for any projects. It's just going to be Ms. Palacino, A thru Z, every project in the City of
Miami.
Commissioner Teele: Mr. Manager, I think that's the right way to take it with all due respect to
the various directors, but I think that's the right way to do it, it's to put it all on -- and whether
it's done in-house or contracted out, that'll be an internal decision that the Manager and Ms.
Palacino will make.
Mr. Gimenez: That's right, but the face of CIP is Ms. Palacino.
Commissioner Teele: But to put up parks -- to put up bleachers shouldn't require a "Rambling
Wreck from Georgia Tech Engineers." I would hope.
Mr. Gimenez: We're putting the finishing touches on the responsibilities and where the cut off is
going to be. Obviously, you're right; a net going up on a basketball hoop is not a CIP project, so
there's going to be a clear line, but those things that are clearly CIP are going to be up with the
CIP director and she's going to be the only one you're going to be seeing up here.
Commissioner Teele: Thank you.
Mr. Ruder: I'd be happy to give you the estimates so that you can have it for your record.
Commissioner Teele: Thank you.
69. APPROVE PROVISION OF CITY POLICE, FIRE, AND SOLID WASTE SERVICES TO
BAYFRONT PARK MANAGEMENT TRUST FOR NEW YEAR'S EVE CONCERT AT
BAYFRONT PARK AMPHITHEATER ON DECEMBER 31, 2002, $11,106.00.
Chairman Regalado: OK, we need to do pocket items, so we have several from the Manager and
the Police, members of the Commission. Let's start. Commissioner Gonzalez, any pocket
items? Commissioner Winton, you want to do it later on? Commissioner Sanchez?
Commissioner Sanchez: Thank you, Mr. Chairman. Mr. Chairman, as you know the City of
Miami had committed to a December 31 New Year's Eve concert at Bayfront Park. Promoters
223 November 19, 2002
came before the Commission, as they came in front of Bayfront Park for whatever reasons that
we're not going to get into, the promoters were not able to put together an event, therefore,
leaving the burden on the City as well as Bayfront Park. We are lucky to have the Christmas
Event at Bayfront Park, which I encourage you to pass by and bring your family. We have the
largest tree in the United States and they're out there working on it. It's going to be fabulous, but
Bayfront Park believes that we have a responsibility to provide the residents and visitors to
Miami first class event and what this pocket item does is it just respectfully recommends that the
City of Miami Commission provide the City services of Police, Fire and Solid Waste at no cost
to Bayfront Park Management Trust for the New Year's Eve concert at Bayfront Park
Amphitheater on December 31, 2002. That's what we're basically asking, and basically the
resolution reads as follows: A resolution of the City of Miami Commission approving the
provision of City Police, Fire and Solid Waste services to Bayfront Park Management Trust for
the New Year's Eve concert at Bayfront Park on December 31, 2002 in the amount not to exceed
$11,106. The Park is basically putting in for the entertainment. Bayfront Park is paying $78,
064 at this time, so therefore I move the resolution asking the City to pick up the tab for the
services.
Commissioner Gonzalez: Second.
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. 02-1257
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROVISION OF CITY POLICE, FIRE -RESCUE AND SOLID WASTE
SERVICES, IN AN AMOUNT NOT TO EXCEED $11,106, TO THE
BAYFRONT PARK MANAGEMENT TRUST FOR THE NEW YEAR'S EVE
CONCERT AT THE BAYFRONT PARK AMPHITHEATER TO BE HELD
DECEMBER 31, 2002.
224 November 19, 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.
70. AUTHORIZE WAIVER OF ALL EQUIPMENT PERMIT FEES, $6,000, FOR 19TH
ANNUAL BOOK FAIR -NOVEMBER 19-24,2002.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: He still has another one.
Commissioner Teele: I'm sorry.
Commissioner Sanchez: The other resolution that I have comes from the Mayor's Office and it
requests a resolution from the City of Miami Commission relating to the 19th Annual Miami
Book Fair International conducted by Miami Dade Community College. The event was held
November the 19th -- to be held November the 19th through the 24th 2002. It authorizing the
waiver of administrative in-kind services and for all equipment rental and permit fees permitted
by law not to exceed $6,000. So move.
Commissioner Teele: Second.
Chairman Regalado: We have a motion and a second. All in favor say, "aye."
The Commission (Collectively): Aye.
225 November 19, 2002
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1258
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE
19TH ANNUAL MIAMI BOOK FAIR INTERNATIONAL, CONDUCTED BY
MIAMI-DADE COMMUNITY COLLEGE (THE "ORGANIZER"), TO BE
HELD NOVEMBER 19-24, 2002; AUTHORIZING THE WAIVER OF
ADMINISTRATIVE IN-KIND SERVICES AND OF ALL EQUIPMENT
RENTAL AND PERMIT FEES PERMITTED BY LAW IN AN AMOUNT
NOT TO EXCEED $6,000; SAID AUTHORIZATIONS CONDITIONED
UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY
LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT;
(3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER; (4) ADVISING ALL
ADJACENT BUSINESSES, PROPERTY OWNERS, AND RESIDENTS OF
STREET CLOSURES ASSOCIATED WITH SAID EVENT; AND (5)
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER.
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
71. AUTHORIZE MANAGER TO EXECUTE INTERLOCAL AGREEMENT WITH
SOUTHEAST OVERTOWN PARKWEST COMMUNITY REDEVELOPMENT AGENCY
(SEOPW/CRA), RELATED TO CONSTRUCTION OF DOMINO PARK WITH AMENITIES
AT ATHALIE RANGE #1 MINI -PARK IN OVERTOWN CONDITIONING THAT FDOT BE
PARTY TO AGREEMENT.
Commissioner Teele: Mr. Chairman.
Chairman Regalado: Yes, sir.
226 November 19, 2002
Commissioner Teele: Resolution of the City Commission authorizing the City Manager to
negotiate and enter into a interlocal agreement in a form acceptable to the City Attorney with the
Florida Department of Transportation (FDOT), the Southeast Overtown Parkwest Community
Redevelopment Agency (SEOPW/CRA) related to the construction of a domino park with
amenities at the A. Range Mini -Park underneath I-95. 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.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 02-1259
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SOUTHEAST OVERTOWN PARKWEST
COMMUNITY REDEVELOPMENT AGENCY ("SEOPW/CRA") AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, RELATED TO THE
CONSTRUCTION OF A DOMINO PARK WITH AMENITIES AT ATHALIE
RANGE #1 MINI -PARK IN THE OVERTOWN NEIGHBORHOOD.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
Commissioner Teele: And Mr. Attorney, apparently the DOT (Department of Transportation) is
indicating that there needs to be a basic agreement because we never had an agreement,
apparently, so while this resolution talked only about the City and the CRA (Community
Redevelopment Agency) the DOT has got to be a party to that agreement, because we need a
base agreement with the DOT, and whether it's one agreement or three agreements, it's fine.
Maria J. Chiaro (Assistant City Attorney): I understand.
227 November 19, 2002
72. DIRECT MANAGER TO PREPARE RECOMMENDATION REGARDING ANNUAL
NEW YEAR'S CONCERT AT KNIGHT CENTER WHERE FARAH JUSTE WILL
PERFORM.
Commissioner Teele: And the final thing is, Mr. Manager, would you make sure that the Special
Events people -- and this is one of these issues where things are beginning to fall through the
cracks. Each year New Year's Day, the Haitian Community has this big concert at the Knight
Center. Could you have your staff to present at the next meeting a recommendation regarding
the annual concert that is held there, at the Knight Center? You know, people get dressed up and
go to that thing from all over South Florida, because apparently Farah Juste, the singer, puts it on
and it's been an annual thing. That's also apparently their Independence Day or something, so, I
mean, Haiti Independence Day, so it has not come forward and I know they went before the new
Festival Advisory Committee or whatever that is, and they recommended it, but somewhere this
thing is not moving.
Carlos A. Gimenez (City Manager): Yes, sir.
Commissioner Teele: OK.
Mr. Gimenez: Absolutely.
Commissioner Teele: Please. Thank you.
73. APPROVE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY
THOROUGHFARES TO PROMOTE MIAMI BEACH FESTIVAL OF ARTS.
Chairman Regalado: OK, we have -- Johnny, you have any pocket items?
Vice Chairman Winton: Yes, sir. I have a banner request. I'd like to -- for the Mayor of Miami
Beach to pay particular attention to this. In the spirit of cooperation between Miami Beach and
the City of Miami, I have a banner request for banners to be flown throughout the City of Miami
promoting the Miami Beach Festival of the Arts, and in the spirit of real cooperation between
Mayor Dermer and the City of Miami, I would so move this resolution.
Commissioner Teele: Second the motion.
Chairman Regalado: We have a motion and a second. Would they place banners for the
Coconut Grove Art Festival?
Vice Chairman Winton: No, the Miami Beach Festival of the Arts.
Chairman Regalado: No, I know, but would they place --
Commissioner Teele: He's saying would they put up banners for the City of Miami Coconut
Grove Arts Festival?
228 November 19, 2002
Vice Chairman Winton: Sure, would be interesting.
Chairman Regalado: All in favor say, "aye."
The Commission (Collectively): Aye.
Chairman Regalado: It passes.
The following motion was introduced by Vice Chairman Winton, who moved for its adoption:
MOTION NO. 02-1260
A MOTION APPROVING THE PLACEMENT OF BANNERS ON LIGHT
POLES LOCATED WITHIN CITY OF MIAMI THOROUGHFARES TO
PROMOTE THE MIAMI BEACH FESTIVAL OF THE ARTS.
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.
74. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED: "OPERATION IN TOO
DEEP"; AUTHORIZE MANAGER TO ACCEPT GRANT FROM FLORIDA DEPARTMENT
OF LAW ENFORCEMENT, VIOLENT CRIME AND DRUG CONTROL COUNCIL,
$100,000.
Vice Chairman Winton: I have another pocket item. This is an emergency ordinance to accept a
grant. The City of Miami been awarded funds under the Violent Crime and Drug Control
Council in the amount of $100,000 from the Florida Department of Transportation, and it is an
emergency ordinance.
Chairman Regalado: OK, we have a motion --
Vice Chairman Winton: So move.
Commissioner Gonzalez: Second.
229 November 19, 2002
Chairman Regalado: -- and a second. Read the ordinance. Roll call.
Priscilla A. Thompson (City Clerk): The emergency ordinance is adopted 5:0.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING INITIAL RESOURCES AND INITIAL APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED: "OPERATION IN TOO
DEEP"; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT,
VIOLENT CRIME AND DRUG CONTROL COUNCIL, IN THE AMOUNT
OF $100,000, AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID
GRANT.
was introduced by Commissioner Teele and seconded by Vice Chairman Winton, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None.
Whereupon the Commission on motion of Vice Chairman Winton and seconded by
Commissioner Gonzalez, adopted said ordinance by the following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12300.
230 November 19, 2002
Commissioner Teele: Was this item, Mr. Chairman, relating to the removal and installation of
mobile digital computers?
Chairman Regalado: No --
Carlos A. Gimenez (City Manager): Yes, I got two pocket items for it.
Chairman Regalado: No, that's the Manager's pocket item.
Commissioner Teele: OK.
Vice Chairman Winton: I'm done.
75. AUTHORIZE MANAGER TO REVIEW AND MAY APPROVE ADMINISTRATIVELY,
ALL BANNER REQUESTS FOR EVENTS CO-SPONSORED BY CITY AND EVENTS
WHICH TAKE PLACE IN CITY OR BENEFIT CITY AND ITS CITIZENRY.
Chairman Regalado: OK, Mr. Manager, you want to do --
Carlos A. Gimenez (City Manager): Yes, first it's a resolution that will dramatically reduce the
number of pocket items that we have, so it's a resolution of the Miami City Commission
authorizing and directing the City Manager to review and approve administratively as
appropriate, all banner request for events cosponsored by the City of Miami and all other banner
requests for events, which take place in the City or benefit the City and its citizenry.
Vice Chairman Winton: So moved.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second. I'm voting no, because how many banners
are enough?
Mr. Gimenez: How may banners?
Chairman Regalado: Yeah, like we know now and you know the different banners, but how
about if everybody wants to place banners, do they just go directly to the Manager, get approval
and that's that?
Mr. Gimenez: That's how it was handled in the past, and we brought it here in order to have the
Board make policy decisions on it, but it seems to be getting a little bit out of hand, and it just
adds more to the time and I think the Manager, I mean, I handled it in the past. I didn't have a
problem, a really big problem with it, so I mean, I think the Manager can handle it in the future.
Chairman Regalado: OK.
Vice Chairman Winton: Call the question.
231 November 19, 2002
Chairman Regalado: All in favor say, "aye."
Commissioner Teele: Wait.
Vice Chairman Winton: I called the question, but I'll take it back.
Commissioner Teele: I mean, you know -- I know this Manager --
Commissioner Gonzalez: But you don't know the next one.
Commissioner Sanchez: When was the last time you tried to pass a banner?
Mr. Gimenez: Well, you can pass it for one meeting and then you can resend it.
Commissioner Sanchez: (INAUDIBLE)
Chairman Regalado: But still --
Commissioner Teele: Yeah, but let me -- the way this legislation is written though, I'm not
making fault of it, we don't have the authority to do it after this, and that's not what you mean. It
says the Manager shall, now if you want to say that the Manager may approve banners then I
don't have a problem with it, but if it's shall, I have a big problem with it because what you've
done is you've taken away from your authority to even do it.
Chairman Regalado: Exactly, that's what I'm saying.
Vice Chairman Winton: That's what I wanted to do.
Chairman Regalado: No, but you cannot do it.
Commissioner Teele: Johnny, I don't have any problem with saying the Manager may issue
banners without coming before the Commission.
Commissioner Sanchez: Look, the reason why this was first started was because there were
some banners that might have been distasteful and might have offended somebody at one time,
and basically -- yeah, it was, it was a smoking banner and all kinds of banners and that's why it
came in front of the Commission for approval, but you know, there are Commission meetings
where I approved three or four banners, Johnny approves three or four banners, it gets to a point,
you know -- the City Manager as well as us can justify whether it's offensive or if it's in bad
taste and let him decide on it. We've got more important things to do here then you know --
Alejandro Vilarello (City Attorney): Commissioner, respectfully, the reason it came before you
originally is because FDOT (Florida Department of Transportation) requires the City to
indemnify FDOT in the event that any injuries are caused as a result of the banners being placed
on FDOT right of way. The Manager doesn't have that discretion in and of itself. In fact, when
232 November 19, 2002
we brought it to your attention we prepared such a resolution to delegate that authority to the
Manager in the future. The Commission at that time, I don't recall whether it was a year ago or
two years ago, decided that it didn't want to do that. It wanted to consider each banner as it
came before them. So --
Commissioner Teele: But can you live with the word may as opposed to shall?
Mr. Vilarello: Certainly. If you're delegating that responsibility to the Manager as long as you
understand that the Manager will be signing agreements and agrees to indemnify FDOT for any
injuries caused as a result of the banners. You may delegate that to the Manager.
Commissioner Teele: As amended, I call the question.
Vice Chairman Winton: Fine. As amended.
Chairman Regalado: OK, as amended, all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Regalado: No.
The following resolution was introduced by Vice Chairman Winton, who moved for its adoption:
RESOLUTION NO. 02-1261
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO REVIEW AND APPROVE
ADMINISTRATIVELY, AS APPROPRIATE, ALL BANNER REQUESTS
FOR EVENTS CO-SPONSORED BY THE CITY OF MIAMI AND ALL
OTHER BANNER REQUESTS FOR EVENTS WHICH TAKE PLACE IN
THE CITY OR BENEFIT THE CITY AND ITS CITIZENRY.
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 Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: Chairman Tomas Regalado
ABSENT: None.
233 November 19, 2002
76. ACCEPT BID OF PUBLIC SAFETY DATA SERVICES, INC., FOR
REMOVAL/INSTALLATION OF MOBILE DIGITAL COMPUTERS (MDCs), FOR
DEPARTMENT OF POLICE, TOTAL CONTRACT COST OF $112,500; ALLOCATE
FUNDS FROM POLICE GENERAL OPERATING BUDGET.
Carlos A. Gimenez (City Manager): Mr. Chairman, the second pocket is authorizing the
provision and removal and installation of mobile digital computers for the Department of Police.
We have what's called MDCs, Mobile Digital Computers, that are in departmental squad cars
and then what this will do is allow us to take the MDCs from an old police car and move them
into a new police car. It's allocating $37,500 to Public Safety Data Services Incorporated to do
the service.
Commissioner Sanchez: So move.
Commissioner Gonzalez: Second.
Chairman Regalado: We have a motion and a second. It's a resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 02-1262
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF PUBLIC SAFETY DATA SERVICES, INC., FOR THE
REMOVAL/INSTALLATION OF MOBILE DIGITAL COMPUTERS (MDCs),
FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL PERIOD OF ONE
YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-
YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $37,500.00,
FOR A TOTAL CONTRACT COST OF $112,500; ALLOCATING FUNDS
FROM THE POLICE GENERAL OPERATING BUDGET ACCOUNT CODE
NO. 001000.290201.6.270; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE.
234 November 19, 2002
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
NAYS: None.
ABSENT: None.
Commissioner Teele: Why did that have to come here?
Chairman Regalado: Because it's more than $25,000.
Commissioner Teele: But I thought we changed your designation to $100,000.
Chairman Regalado: No, 25,000. Johnny, can I do some pocket items?
Vice Chairman Winton: Yes, you may, Mr. Chairman, you are recognized
77. DIRECT MANAGER TO COSPONSOR DECEMBER 7, 2002 CENTENNIAL EVENT OF
CUBAN MUNICIPALITIES IN EXILE AT MACEO PARK; AUTHORIZE PROVISION OF
IN-KIND SERVICES AND FEE WAIVERS.
Chairman Regalado: OK, on December the 7th the Centennial of Cuba will hold an event in
Miami. This will be done on Southwest 8th Street and 13th Avenue, the Cuban Municipalities in
Exile to commemorate Antonio Maceo's date. My motion is that the City of Miami, as a co-
sponsor of the centennial, will participate in this event by providing in-kind services as
determined by the Administration and their discussion with this organization. So moved.
Commissioner Gonzalez: Second.
Vice Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor,
LL "
aye.
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed. Motion carries.
235 November 19, 2002
The following motion was introduced by Chairman Regalado, who moved for its adoption:
MOTION NO. 02-1263
A MOTION DIRECTING THE CITY MANAGER TO COSPONSOR
DECEMBER 7, 2002 CENTENNIAL EVENT OF CUBAN MUNICIPALITIES
IN EXILE AT MACEO PARK; FURTHER AUTHORIZING PROVISION OF
IN-KIND SERVICES AND FEE WAIVERS AS DETERMINED BY THE
CITY MANAGER.
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.
78. DIRECT MANAGER TO COSPONSOR CASA DE ALABANZA EVENT SCHEDULED
FOR NOV. 23-24, 2002; AUTHORIZE PROVISION OF IN-KIND SERVICES, WAIVE
PERMIT FEES FOR STREET CLOSURES AND ADMINISTRATIVE COSTS.
Chairman Regalado: OK, second pocket item is Casa De Alabanza will hold an event on
Thursday, November 21st and Saturday, November 23rd. I propose a motion that the City of
Miami co-sponsors this worthwhile event by providing in-kind services only waiving permit fees
for street closure and administrative costs as determined by the City Manager. So moved.
Commissioner Gonzalez: Second.
Commissioner Winton: Motion, second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Commissioner Winton: Like sign opposed. Motion carries.
236 November 19, 2002
The following motion was introduced by Chairman Regalado, who moved for its adoption:
MOTION NO. 02-1264
A MOTION DIRECTING THE CITY MANAGER TO COSPONSOR CASA DE
ALABANZA EVENT SCHEDULED FOR NOV. 23-24, 2002; FURTHER
AUTHORIZING PROVISION OF IN-KIND SERVICES, WAIVER OF
PERMIT FEES FOR STREET CLOSURES AND ADMINISTRATIVE COSTS
AS DETERMINED BY THE CITY MANAGER.
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
79. AUTHORIZE WAIVER OF SHOWMOBILE FEE FOR FLAGAMI MERCHANTS
CHRISTMAS ART EXHIBITION ON SW 8TH STREET AND 73RD AVENUE.
Chairman Regalado: And the last pocket item is the Flagami merchants are having a Christmas
party art exhibition on Southwest 8th Street and 72nd Avenue. This is sponsored by Flagami
Action Committee. It will be free. The Mayor is participating. Commissioner Rebecca Sosa is
participating, and what they are asking from the City is -- this park's department, the show -
mobile, so my motion is to waive the cost, not the employees, but the cost of the show -mobile
for this event on Southwest 8th Street and 73rd Avenue.
Commissioner Gonzalez: Second.
Vice Chairman Winton: We got a motion and a second. Any further discussion? Being none,
all in favor, "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign opposed, motion carries.
237 November 19, 2002
The following resolution was introduced by Chairman Regalado, who moved for its adoption:
RESOLUTION NO. 02-1265
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE WAIVER OF THE SHOWMOBILE FEE FOR FLAGAMI MERCHANTS
CHRISTMAS ART EXHIBITION ON SOUTHWEST 73RD AVENUE AND 8TH
STREET, MIAMI, FLORIDA; SAID WAIVER CONDITIONED UPON THE
ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2)
PAYING FOR ALL OTHER NECESSARY COSTS OF OTHER CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT;
(3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Chairman Regalado: Thank you, Mr. Chairman, I'm finished.
Commissioner Gonzalez: Motion to adjourn.
Chairman Regalado: We have a motion to adjourn.
Vice Chairman Winton: Good meeting.
Chairman Regalado: All in favor say "aye."
The Commission (Collectively): Aye.
238 November 19, 2002
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 02-1266
A MOTION TO ADJOURN TODAY'S CITY COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Chairman Tomas Regalado
Vice Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
239 November 19, 2002
There being no further business to come before the City Commission, the meeting was adjourned
at 7:45 p.m.
ATTEST:
Priscilla A. Thompson
CITY CLERK
Sylvia Scheider
ASSISTANT CITY CLERK
MANUEL A. DIAZ
MAYOR
240 November 19, 2002