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HomeMy WebLinkAboutCC 2002-12-12 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 12th day of December 2002, the City Commission of Miami, Florida, met at the Miami Arena, 701 Arena Boulevard, Miami, Florida, in regular session. The meeting was called to order at 9:14 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) (9:17 a.m.) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) (9:21 a.m.) ALSO PRESENT: City Manager Carlos Jimenez City Attorney Alejandro Vilarello City Clerk Priscilla A. Thompson Assistant City Clerk Sylvia Scheider December 12, 2002 1. PRESENTATIONS & PROCLAMATIONS (A) PROCLAMATION TO THOMAS L. BATTLES FOR OUTSTANDING COMMUNITY SERVICE. Chairman Regalado: Welcome to the regular City Commission meeting, December 12, the first and only meeting in December. Commissioner Joe Sanchez will do the invocation; Commissioner Gonzalez pledge of allegiance. [An invocation was delivered by Commissioner Sanchez, after which Commissioner Gonzdlez led those present in a pledge of allegiance to the flag.] Chairman Regalado: Thank you very much. We have several proclamations. We also have the visit of officials from Workforce; they had to leave early, so we're going to try to do some of the proclamations here, the Workforce issue, and then on with the regular agenda. We have an event at City Hall at 1 p.m., and this morning we have a lot of things, and I'm going to try to be fast, just to show you what's going to happen when the next Chairman takes over, so anyway, we have a proclamation for a special person. Presentation made. 2. EXECUTIVE DIRECTOR OF SOUTH FLORIDA WORKFORCE PROGRAM TO COME BACK AT JANUARY 23, 2003 COMMISSION MEETING WITH REPORT ON RESULTS OF APPEAL MADE BY SABER, INC. ON CONSOLIDATION PROCESS WITH YOUTH CO-OP. Chairman Regalado: Now we have several proclamations, but with permission of members of the Commission and the Mayor, last meeting we requested some information regarding Workforce and I think we have here the representative of the Workforce, Miss Spivak and it is important because it's an issue that has to do with the Hispanic community and Commissioner Winton requested information on this matter. We're talking about the SABER (Spanish American Basic Education and Rehabilitation) Workforce, also, what they call the consolidation of the different workforce offices in the City of Miami and other areas, so -- oh, she's there. Thank you. Good morning. Harriet Spivak: Good morning. They told me this was the mike that was working, so -- Chairman Regalado: Yes. Ms. Spivak: Ok. You want me to begin? Chairman Regalado: Yeah. Basically Miss Spivak, as you know, I've been communicating with your office because SABER Workforce is in District 4, the district that I represent and on this matter many people have raised the issue that this agency has been performing for many, many years in Little Havana. It's part of a as a landmark. Then we have Youth Co-op which is another of the great agencies that we have. The need is increasing in the City of Miami and yet 2 December 12, 2002 we're -- or you have decided to move SABER to Hialeah just for a few months. According to a published article in the Miami Herald I think it was last Friday SABER will cease to exist in June of next year, and this is a concern because of the many people that they serve in the Hispanic community. First of all, we thank you for coming and second, we were hoping that you can give us some information regarding this consolidation, which, by the way, was not mandated by the state, it was recommended, so is there any hope that we can keep both agencies in the City of Miami? Ms. Spivak: Let me try to answer it by putting some of this into perspective. First of all I want to thank you for the opportunity to be here. I appreciate the invitation. It appears there's been some misinformation out in the community and it's always wonderful to be given the opportunity to clarify some of the issues. I believe in listening to what you said and in understanding the questions that have been asked out in the community there are four issues that I'd like to address briefly and then of course, open to questions, and we have additional staff here that might provide more clarification. First of all, you have some concerns about the consolidation process specifically as it affects Little Havana. Secondly, you have some concerns about the RFP (Request for Proposals) process, which was a competitive process and SABER and Youth Co-op both of whom are superb organizations were competing head-to-head in a very tough competition, so we'll talk a little bit about the RFP process and its outcomes. The third issue which we have heard and would like to respond to has to do with your concern about layoffs in the community, obviously, and the fourth issue, which you just raised, is the issue about Hialeah and the future of SABER, which obviously we don't believe is going to end in June and I'll try to address that. First of all, to get into a little bit of the consolidation. A number of years ago we had a vision of putting One Stops in every community in the City of Miami, as well as in the region because we had a vision of close, small centers that gave neighborhood access. This was a period of expanding resources. We went from 45,000,000 to over 100,000,000 and this was very feasible at that point. However, what hasn't been factored into this, which you need to be aware of, is that the state has come up with standards for branding One Stops, which are not a local set of centers, but a nationwide and statewide center. Those standards relate to there's an echo in here these standards have to do with the scale and the type of facility that will be available. Neither one of the current Little Havana centers meets the facility requirements for those standards, so we would have had to close them sooner or later. We opted to come up with a consolidation plan, not only for Little Havana, but for the entire region, and that consolidation plan took many months to develop with intensive analysis of where job seekers are located, where the transportation routes are, and where they can be most effectively placed. There were a number of questions about the facility, which Commissioner Winton raised with us. There were questions about whether we were saving money or not. There were questions about the future of these centers and I believe that we satisfied Commissioner Winton's questions and he was kind enough to give us some time to go over those facility cost issues. The basis of the consolidation then is A) We're required to meet new standards, which the current centers don't meet; B) We're in a shrinking, significantly shrinking funding situation, which we need to save money by reducing the number of centers, and most significantly, we believe that the services that the residents of Little Havana and the region as a whole will get, are best served by these consolidated centers, and let me give you an example. A consolidated center that opened at Northside, 20,000 square feet, had the capacity to do things that neither one of those two centers would have had. When the Transport Security 3 December 12, 2002 Administration wanted to hire 1,000 screeners, for Miami Airport, in the middle of the process they came to us. We had 7,000 people going through a job fair at Northside over a two-day period to apply for those 1,000 jobs, and a couple of hundred of them, in fact, are working at Miami Airport now. You simply could not do that in the existing facilities. We have electronic classrooms that hook up folks for ESOL or GED training to Miami -Dade Community College. We're doing comparable ones with Miami -Dade Public Schools, so there are a number of things without giving you all kinds of details that are more than you want to hear, but basically, that these centers can do clothes closets and childcare and all kinds of things that the existing facilities simply couldn't do; so there was a consolidation plan that was put into effect to reduce the number of centers. This is, in fact, what we did, and as part of that, we had competitions, requests for proposals, competitions among providers. All of the providers, current providers as well as new providers, that wished, competed for the particular Little Havana center that's of interest to you. We got six proposals or six organizations that competed. Because we knew and had track record, elaborate track record data on every provider, we didn't need them to write elaborate proposals. We simply said, tell us your preferences. What's your first choice? What's your second choice, and we're going to look at the data to determine who best can provide the services, under the competitive procurement rules, within each of those centers. In the SABER/Youth Co -Op competition, you had an intense rivalry, as I said before, between two superb organizations and when we reviewed the data, and I have to tell you, we published performance data on our website for the whole world to see, and for everyone to analyze, so there are no secrets in terms of performance. We also allow service providers to re -analyze data. Since this basically is state data that the service providers put in the data, the state manipulate the data to come up with their performance centers, then we desegregate it by center. So we had data on the website for everyone to analyze. We have a very elaborate appeal process to insure that providers have all the information that they need and have all the opportunity to appeal decisions that we make, and we have many stages, the appeal process. We have an informal appeal, we have a formal appeal. Bottom line is, these organizations that are very smart and have excellent staff, analyzed each other's data. They had access to the data to determine whether there was something wrong with the data, and each time we had an appeal process, either SABER or Youth Co -Op would come in and say, you didn't look at this. That's why the process took so long and we re -analyzed it, not only for them but across all the providers. The bottom line is, they were so close at the end of the many stages, which I don't know if you want to hear about, but I could tell you about, that we went to the Board and said this is too close to call. You need to give us additional criteria for choosing between these two superb organizations and what they came up with had to do with how close if the performance data are virtually the same, or a penny here or a penny there, how closely are they tied to the job seeker community? How closely are they tied to the employer community for that One Stop, and in both cases, SABER and Youth Co -Op are closely tied to both. The third criteria they came up with was scale capability. Who of the two could better manage a much larger center? The caseload that SABER's been handling has been about 7,000 people at maximum, including all the Wagner Pfeiser people, unemployment and so on. Youth Co -Op has been handling an excess of 50,000, because they're managing three centers, including Little Havana, West Dade, Opa Locka and so on, and are doing very well, so the criterion that distinguished between those two organizations, as the Board came up with this criterion, was scale capability. The determination that if we could have only one, Youth Co -Op had the capability to expand and continue at a high performance level more so than SABER, and I have to tell you that not only does the South 4 December 12, 2002 Florida Workforce Board approve these decisions, but the South Florida Employment and Training Consortium made up of the five local governments, including the City of Miami, also is involved equally in the selection of One Stop operators, and unanimously, including the City of Miami, we had that data that was analyzed accepted by the Board. There's also a formal appeal process in which a representative of the consortium sits, and again, the data were accepted as the best decision. That next level of appeal, which is appeal to the state of Florida, is in progress now. We have had a previous appeal of another provider from an earlier phase of the consolidation process, where after a couple of months and a 26 -page opinion, the state determined that our process was reasonable, was consistent with procurement requirements and that the Board operated within its discretion. Of course, each case is different. We have no way of knowing what the ultimate decision will be at the state level on the SABER appeal, but those are at least the facts of the case as we know it. The two other issues that you mentioned briefly, in terms of layoffs It's our understanding that SABER may be laying off as many as somewhere between 15 and 16 people. It is our expectation, because we invest heavily in the training of our staff, that those people will probably be picked up by the expanded centers. For instance, Youth Co-Op's already advertising to develop its expanded group of case managers. I understand they have already interviewed 12 of those 15, 16, 17 people as part of that process. Had the decision gone the other way, just so that you'll understand it from both halves of the picture, had SABER won the bid, and Youth Co -Op had to layoff people, there would have been 50 people to be laid off, as opposed to 15 or 16, because it's a larger center with a larger staff. My guess is that if SABER had won the bid, SABER would have interviewed Youth Co-Op's staff and probably hired a significant number of those, so I think that the layoff issue needs to be understood in those terms. We expect to see the people who potentially would be laid off picked up in large part I don't know about the management level people, but certainly the case managers. Chairman Regalado: If I may Ms. Spivak: Also, for your information, just one other piece. That contract at the Board Meeting yesterday was extended two additional months because the facility is not ready for occupancy. We think that we will be able to get in in the middle of January, but then there are computer and telephone lines to install, so those layoffs would not occur until February 28th at the earliest. On the highly essential issue, which you raised, you indicated that SABER would be put out of existence in June. That would very much surprise me because SABER is now operating in Hialeah. That puts them in a very strong competitive position when the next RFP is released, for them to bid on what will be the biggest, probably, center that we operate, even bigger than Northside, because the caseload in the four current Hialeah centers is over 59,000 people. That's way bigger than any other center and when we consolidate there. Had they not begun operating in Hialeah they wouldn't be tied to the population to the employers and so on, so this puts them in a very strong competitive position to win the bid for what will be the next I don't know if it'll be the next, but somewhere along the line, a very significant center that will be opening and now they're in a better competitive position then they were before, so yes, they will continue in existence through June. We anticipate they're going to be highly competitive in bidding on the Hialeah consolidation when that comes up. 5 December 12, 2002 Chairman Regalado: Miss Spivak, we never questioned the process, but the fact of what you mention that those agencies really did perform, it shows only one thing at least to me, is the need that we have for those agencies in the City of Miami. It shows that every day there are more people seeking jobs and help. It shows that these two agencies were overwhelmed and the thing is, well we are going to have one agency less, yes, more space but one facility less and had it been the other way around, SABER winning and Youth Co -Op appealing, I would be doing the same thing because it's about me. It's about let me tell you. I have letters here from my district of people that have gone to SABER and to Youth Co -Op and they are very pleased and very thankful and some of the people are scared that in that new center first of all, they're going to have to pay for parking, which they don't now Ms. Spivak: Well as a matter of fact, we're taking a look at how we can subsidize that parking and we'll be very happy to give you information when we work out that because we're very sensitive to that issue. Chairman Regalado: Ok, and the second thing, this is about the need. This is about, you know, this is a cliche but this is the poorest city in the country and there are a lot of people who are seeking help to better themselves and to find jobs and this is the main concern. Commissioner Sanchez? Commissioner Sanchez: Thank you, Mr. Chairman. I'm all for reduced expenditure and of the operating costs. I think that, you know, efficiency is very important. I mean, we ourselves are always looking for efficiency and always looking to better our government. I'm sure you're doing the same thing for the organizations. But one thing I don't want to see is an interruption in services that are so needed. Commissioner Regalado, not to speak on what he said, but he's made very good points that we continue to be the poorest city in the nation and we continue to have people that are constantly looking for assistance. Now it's my understanding that SABER is appealing this process? Is that correct? Ms. Spivak: Yes. Appeals are part of our normal process. Commissioner Sanchez: Ok, and the consolidated process is going forward. Is that your Ms. Spivak: Yes. Commissioner Sanchez: also? Ms. Spivak: Out of necessity and it's of course the Boards policy; both Boards. Commissioner Sanchez: It's my understanding like there was a resolution or something put on the floor last time that puts the consolidated process on hold until their appeal process is completed? Ms. Spivak: Well, there won't be any changes in the consolidation until the next RFP process, which will be next Spring, so I would assume that the state, having already given us a 26 -page opinion on the last process, they're familiar with the issues, will probably expedite As I said, 6 December 12, 2002 since this contract was extended through February 28th we would certainly expect to have an answer long before that to hopefully put an end to the issue one way or the other. Commissioner Sanchez: And one more issue. When we talk about you know, people that are in crisis or people that are in need, once they get to know a person, such as a case worker, you now, they break that barrier and then, you know, it's tough to go ask for help. I mean, some people easily do it; other people don't do it that easy. It's hard to seek help, so my thing here is, you know, once you start shuffling these cards, and these case workers that have somebody that they are like family in many ways, you know, they would have to go and start the new process with somebody else, that's a concern that I have. I know you addressed the issue on the parking and you're willing to compensate or reimburse those who have to pay, what is it, $4 or $3 or whatever it may be, but, you know, there are certain issues here that would make me much, much will make me comfortable in determining what I'm going to do at the end, but you've answered one. How are you going to do this? I mean, are people going to be changing case workers in cases where they're going to have to go through somebody else? Ms. Spivak: Well, the only answer I can give you now is that for those people who were handled by SABER here in Little Havana, I know that Youth Co -Op is interviewing them. I don't know what their decision will be. Obviously they're their own corporation with their own hiring requirements. I can tell you that in Naranj a, where we had a change in management, almost the entire center staff is still operating there with only changes in the leadership, so again, we would hope to have as minimal amount of change as possible. Most of the Little Havana caseload happens to be those Youth Co -Op folks who would be going over to the Youth Co -Op staff at the new consolidated. The SABER caseload was smaller. The intent of the consolidation is to finally get us down to a point where we will have a limited number of centers operated by a limited number of organizations and then not having these continuing transitions. Once we get everything in sync with whatever of course, you can never predict funding and we're worrying about some things happening but to bring it into sync with available funding and then have a stable system, so we're trying to accelerate the consolidation process to reach the point where we can do exactly what it is you're saying. But I think when we open that center I hope you all will come to it, because I think from the point of view of services to the residents of Little Havana, you're going to be very pleased with the facility and the quality of services that are being delivered, and the level of services that are being delivered, and we're working on that parking problem believe me. Commissioner Sanchez: Thank you, Ma'am. Ms. Spivak: You're welcome. Chairman Regal ado: Ok. So do you wish to introduce that resolution just in case? Commissioner Sanchez: Well, it's my understanding that no changes are going to be made, correct? I mean until the RFP process and then, you know Chairman Regalado: There's no mike over there. 7 December 12, 2002 Commissioner Sanchez: Could you clarify that? Chairman Regalado: I'm sorry. Just Commissioner Sanchez: You need to be on the mike, Ma'am. Ma'am, you need to be on the mike for the record. You need to be on the mike for the record. Thank you. Ms. Spivak: Since the facility's not ready, the current contracts were extended through February 28th, so there will be no changes until March 1st Chairman Regalado: Ok. Commissioner Sanchez: Till March 1st. But is that going to give them time for their appeal, because it's only fair that, you know Ms. Spivak: Absolutely. The state Commissioner Sanchez: They have a right to appeal and I don't think it's right Ms. Spivak: The state only has 60 days from the date that the letter was sent by SABER, which was I believe, was several weeks ago to complete the process, so I don't see any problem with knowing that by the end of January, I would think we would have Commissioner Sanchez: So for the record, the consolidated process ceases till their final appeal, till they get an opportunity to file an appeal? Ms. Spivak: Well, actually what I said was, that the contracts were extended through February 28th and that I anticipate that the appeal would have ended long before that. The consolidation has not been put on hold, but the timing of what we have gotten from the state gives us confidence that that process will have been resolved before February. Chairman Regalado: Ok. Would it be possible for us to get a report from you on the second meeting of the City Commission in January? About, you know, maybe the results of the appeal and then Ms. Spivak: Could you repeat again the date in January? Chairman Regalado: Would it be possible for you to come before the Commission on the second meeting in January? Ms. Spivak: I don't know that the state would have completed their 60 -day process by the second week in January. Chairman Regalado: The 23rd of January. Ms. Spivak: I would think so. 8 December 12, 2002 Chairman Regalado: Ok. Ms. Spivak: I mean if the state hasn't done what they needed to, we'll tell them that we need a response, if possible by January 23rd Chairman Regalado: Thank you very much. Ms. Spivak: You're welcome. Chairman Regalado: Thank you. Thank you for coming. Thank you. 3. AUTHORIZE MANAGER TO EXTEND DEADLINE FOR ENFORCEMENT OF NEWSRACKS ORDINANCE TO FEBRUARY 1, 2003 IN ORDER TO GRANT DUE PROCESS TO THOSE NEWSPAPERS WHO ARE SEEKING APPEAL OF PERMITTING PROCESS. Chairman Regalado: Now we go back to the proclamations. We have several. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, Commissioner Teele? Commissioner Teele: Mr. Chairman, I know we have a busy agenda, but I also know that Mr. Aguirre has been walking around and I'm just wondering if we could take up his issue— Chairman Regalado: Absolutely. Commissioner Teele: of the news rack. Chairman Regalado: Dr. Aguirre and he's aids are here and basically what this has to do it's about a pocket item that I wanted to do. It's very simple. It's very simple. Would you Chair just for one second, Commissioner Teele? Commissioner Teele: Thank you very much, Mr. Chairman. Commissioner Regalado, you're recognized. Dr. Aguirre? Chairman Regalado: Would you come to the podium? Dr. Aguirre would you come to the podium here? Right there. No, no. The mike. Dr. Oracio Aguirre is the founder of the Diario Las Americas, the largest and oldest Hispanic daily newspaper in the United States. He's coming here this morning because, as other news media, the Diario Las Americas went to Public Works to start the permitting process in order to set the news racks and we, in the city, has granted several permits and rejected some. There is an appeal process, so what I'm trying to do here is to move a resolution extending the manager's discretion on not moving the old news racks until the appeal process for them and other news outlets are completed, so my motion, Mr. 9 December 12, 2002 Chairman, will be to extend till February 1st, 2003 the time of enforcement of the news racks ordinance. That's my motion. Commissioner Teele: Motion, is there a second? Is there objection? Is there a discussion? Dr. Aguirre, did you want to be heard on this item? I think Commissioner Regalado has expressed your will very clearly. Yes, sir? Your name and address for the record? Nelson Fonticello: Nelson Fonticello, 12121 S.W. 107 Street, Miami. I represent the Miami Herald and El Nuevo Herald. With all due respect to Dr. Aguirre's recommendations, and Commissioner Regalado's recommendations, I want to urge the Commission today. This ordinance was approved, was passed over 18 months ago in April, 2001. I personally became involved with this ordinance two years ago. I know it's been on the books for over four years. We, the Miami Herald, El Nuevo Herald, we argued vehemently against this ordinance. We felt that we would be losing our brand identity and our independent contractors would be losing some of their income, but we worked with the City Commission, we worked with the Assistant City Manager. When you passed it, we went out we got to work. We converted every single rack. We got all of our news racks permitted. We went through the appeal process within the 18 months that you allowed. Those 18 months that the ordinance allowed expired October I'm sorry Yeah, October of this year. Since then you've already had an extension. Other publishers did not work on resolving their issues ahead of time. They simply failed to. The Sun Sentinel, the Miami Herald, New York Times and New Times worked diligently at getting all the news racks converted to the ordinance colors and in the right position. Our news racks have already been moved. What has this meant to us so far? Not only have we, to some degree, lost the brand identity that we had established over a long period of time, but our sales have diminished in those areas. We are no longer part of the pod of news racks that we used to be before. The ordinance is very specific five per location. In essence, what the further extension just continues to punish us for compliance for doing the due diligence for working hard to meet what the Commission has set forth and further extension just further rewards those other publishers who, frankly, didn't get off their butt, didn't get things done. Chairman Regalado: No, but Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: Just for a moment. Counsel, are you here representing the official view of the Miami Herald Corporation? Because I don't know Mr. Fonticello: I'm not a counsel. Commissioner Teele: I don't know if you heard the motion. But you've gone in your argument well beyond what the motion is. The motion is simply to afford full due process and the right of an appeal to be heard at a final action before the City takes final action. His resolution or motion as I understand it, counsel, simply protects the due process rights of an individual and it doesn't change the ordinance, it doesn't extend the time. It simply says there will be no enforcement 10 December 12, 2002 actions until the period of time for the appeal has lapsed. I just have a hard time believing that the Miami Herald Corporation would take a position contrary to allowing someone to have a right of appeal. Mr. Fonticello: Well, first let me clarify. I'm not a counsel. I'm not a lawyer. I am Manager, single copy sales. My responsibility is all the news racks in the City of Miami. No, I thank you for clarifying it Commissioner Winton Commissioner Teele, but absolutely I understand. The Miami Herald is not opposed to due process. However, anything that further extends other publishers from complying does put us in an unfair situation already. Chairman Regalado: But excuse me. This is not about compliance. They already went through the process. Some of their sites were rejected, because, as you know, the ordinance says, five news racks Mr. Fonticello: Correct. Chairman Regalado: in one place. So, the Miami Herald publishing company took one, 14 Miami Herald, to another one for El Nuevo Herald and another one for a street. So the Miami Herald publishing took three of the five in the most popular places. Now, there is an appeal process, but it takes time because it has to come to the City Commission. The only thing I'm saying in this resolution to the City Manager, is let them appeal and come back to the City Commission and do not enforce because, as you know, it means fines and the City Commission may or may not grant the appeal. But at least they have the chance to appeal, and this is all we're doing. We are not giving a publisher as a matter of fact, Liber"Libre," which is a periodical, it's appealing too. So it's not about a publisher, it's a specific medium. Mr. Fonticello: I understand. Chairman Regalado: So, it's not about extending a free for all. It's just let us hear the appeals and the City Commission will decide. That's all that there is to it. Mr. Fonticello: I understand. Last point, I guess to some degree my frustration is the deadline was October 26th. It was extended till December 9th. It is now December 12th. The vast majority of the publishers have news racks out there, not in compliance, of the wrong color and it does hurt us. It affects mostly our independent distributors and it, in fact, punishes the fact that punishes us for being proactive in the Chairman Regalado: Well, actually I don't think that the Miami Herald publishing company's being punished. I mean, because you were diligent enough to take all of the popular sites in the City of Miami. All the sites you chose were given to the Herald, because you were the first to appear before Public Works and, you know, we've got to hand it to you. You did it and you did it right and out of five, you got three everywhere. Mr. Fonticello: Not in at all the situation. Chairman Regalado: Well, you know 11 December 12, 2002 Mr. Fonticello: But we all had the same opportunity, with all due respect. Chairman Regalado: Absolutely. But you went first, and the fact of the matter is, that the first distinction was requested by the staff because they didn't have enough people to work with the Herald, New Times, other news media, Diario Las Americas. That's why they fall behind and they did fall behind, but you know, the whole process is done. What we're trying to do here is just have some days so we can hear their appeal. That's all that there is to it. Mr. Fonticello: Ok. Thank you. Commissioner Teele: All right. Is there further discussion? Is there any objection on the Mr. Attorney, you're fine with this, right? Alejandro Vilarello (City Attorney): The resolution as stated Commissioner Teele: Yes. Mr. Vilarello: as opposed to an ordinance extending the deadline? Commissioner Teele: Exactly. Mr. Vilarello: You're giving the Manager discretion. Commissioner Teele: Exactly. All those in favor, signify by the sound of "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed have the same right. Let the record reflect it unanimously adopted. Thank you, Mr. Chairman. 12 December 12, 2002 The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION 02-1267 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION FOR THE ENFORCEMENT OF THE NEWSRACKS ORDINANCE TO FEBRUARY 1, 2003, TO PROVIDE TIMELY DUE PROCESS TO THOSE NEWSPAPERS SEEKING AN APPEAL OF THE PERMITTING PROCESS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. 4. PRESENTATIONS & PROCLAMATIONS 2. PLATE TO EVEREST SOLUTIONS 3. COMMENDATION TO DR. EMANUEL NWADIKE 4. COMMENDATION TO SERGEANT MICHAEL G. BRYANT 5. COMMENDATION TO LIEUTENANT ROY BROWN 6. COMMENDATION TO VIRGINIA BEACH RESTORATION: FELIPE B. ALONSO, JUAN FERNANDEZ, ALBERTO GONZALEZ, JUAN MENDOZA, ARNALDO SOCARRAS, ORLANDO TAMAYO, ANTONIO TRIANA AND LAZARO ZUAZNABAR 7. COMMENDATION TO SERGEANT LUIS CABRERA, OFFICER MANUEL BACELO, OFFICER MANUEL CABRERA, OFFICER WILY DIAZ, OFFICER GILBERTO GOMEZ, OFFICER MOISES MARTINEZ, OFFICER MALCOLM MOYSE, OFFICER TONY REGUEIRA, OFFICER ANTONETTE SMITH AND OFFICER MELISSA STUCKEY. 8. PLAQUE TO ANGEL ZAYON Chairman Regalado: Thank you. Thank you. We're back to the regular thank you. Doctor, thank you. We're back to the presentations. We have several. The Mayor has some. Members 13 December 12, 2002 of the Commission where's the Mayor? You have Ok. I don't know where he is. Anyway, we have several presentations. Oh, he's coming. Commissioner Sanchez: Thank you, Mr. Chairman. The Mayor had to take off. He had a prior engagement. He's got several awards that he's going to be presenting. He asked me to present them. Do we have an Anil K. Sharma here? Mr. Sharma? Sir, could you go on please. Mr. Sharma is being recognized by the Mayor, and he's got a letter here to present to Mr. Sharma. In these economic challenging times when most private corporations are watching the bottom line, it is refreshing to see a company take a bold step and break away from the pack. Thanks to Everest Solutions generous donation to the city of 180 hours of consulting time, valued at $14,400 during the period of June, 2002 through July, 2002 we were able to maintain the work momentum during a critical phase of the City Legistar Implementation project. Without this donation of time, while we were processing a new state of Florida contract for service, our project would have been delayed for approximately five weeks. Mr. Sharma's in-kind donation to the city, is an affirmation of how public private partnership can work for the betterment of the whole community, so the Mayor would like to present this on behalf of the Mayor and the residents, and the City Commission, Mr. Sharma a letter that he's written to you sir. Congratulations, and also, a beautiful plate that reads: The City of Miami. Miami, an international gateway metropolis whose name means Sweet Water, was chartered in 1896. Kissed by the sleeping waves of both Biscayne Bay and the Miami River, this urban utopia has a natural magnet that makes the city an oasis of business and culture. It is presented to you by the Mayor of Miami, Manuel A. Diaz. Thank you so much. On behalf of the Mayor, the Commissioners and all of the citizens of Miami, Mr. Sharma. (APPLAUSE) Commissioner Sanchez: Is Emmanuel Nwadike here? Dr. Nwadike? Doctor? The Mayor would like to recognize Dr. Nwadike with a commendation from the City of Miami for outstanding philanthropist. The City of Miami wishes to pay tribute to you for your selfless generosity and volunteerism in the use of your resources, expertise and vision to elevate the quality of life in our city. We value your outstanding, unique responsive collaborative effort as President of the PAWA Complex International Inc. to bring holiday cheers to hundreds of our children at the City Parks and Recreation Department Annual December Snow and Sunshine event. Your donation of $70,500 made a lot of children in this community have a great Christmas, so the Mayor would like to recognize you and present to you on behalf of the Mayor, the Commissioners and all the residents of the City of Miami, this commendation for outstanding philanthropist to Dr. Emmanuel Nwadike. Congratulations doctor. Thank you so much. God bless you. You need to say a few words here. We need more citizens like you in our community. Dr. Emmanuel Nwadike: Thank you very much, Mayor and honorable Commissioners. I must be one of the most proudest people or the proudest person actually to belong to the City of Miami and I really try to do as much as I can for the children, you know, thank you very much, and actually we have the next Snow and Gifts, you know, for children on the 20 of this month (UNINTELLIGIBLE). So please, you know, bring your children. Thank you very much. 14 December 12, 2002 (APPLAUSE) Commissioner Sanchez: Thank you so much doctor. Appreciate it. Thank you. Congratulations. Do we have anymore? Commissioner Teele, I believe you have one. Commissioner Teele: Thank you. Miami City Police, Sergeant Michael Bryant and Lieutenant Roy Brown, please if you come forward. One of the things in our city that I think we don't have enough of, and don't get enough recognition, are our motor men, and the details that do the honors, while they're coming up, I'm just coming back from Charlottesville, Virginia where the military presented honors to fallen comrades who served in the military for 20 years, and I think it's really important that the City of Miami pays tribute through our honor guards for fallen heroes. Recently the City of Miami lost one of its early police officers. A man by the name of Bill Turner. We know him as a school board member, but he was also one of the City of Miami's first police officers early police officers in days gone by, and so, we'd like to just take a moment and pause to Sergeant Brown Sergeant Bryant. The city wants to commend you for your professionalism and commitment, your exceptional assistance with the protocol details for the funeral of the late police officer and Senator, Bill Turner, and the overall impeccable record for detailing selected events that attest to your sense of duty and your poise under pressure and it speaks eloquently to the value of service that you provide to our community. On behalf of our citizens and our official government, we're proud to recognize you as an exemplary member of our community and as the Mayor of this city, we wish to pay tribute to you for your distinguished service to Sergeant Michael G. Bryant. (APPLAUSE) Commissioner Teele: And to Lieutenant Roy Brown, a similar presentation. Lieutenant Brown, of course, was very much involved in the arrangements for the late Senator Bill Turner and he also was in charge of the motormen that led a very multi jurisdictional motorcade and salute and again, even though the service was held outside of the city, it did traverse the city in many ways and we're very proud of our motormen, we're very proud of our protocol and our honor guard and we'd like to honor all of them in honoring you Lieutenant. Thank you very much. (APPLAUSE) Chairman Regalado: Ok. Commissioner Teele, you were the one that led the charge for Virginia Beach. We all have seen what Virginia Beach was and what Virginia Beach is and we're very proud of. This morning we'd like to honor several people that for years have worked sun, rain, heat, cold in Virginia Beach, taking care of the nature trails. Doing what they were asked to do. But they went above and beyond the call of duty, so this morning we have here the parks employees that worked so much on the Virginia Beach restoration. Could you, all of you, come up so we can honor all of you? Felipe Alonso, Juan Fernandez, Alberto Gonzalez, Juan Mendosa, Armando Zocarras, Orlando Tamayo, Antonio Triana, Lazaro Suasnaro. These are the men that with "machetes" they cleared the mangroves and did the nature trails. Let me tell you that recently I did a program in my TV show with them and the picture and it's beautiful, beautiful. 15 December 12, 2002 Commissioner Teele: Is there a representative from the Virginia Key Trust as well, and then why don't you come on up and j oin us. I think it's very important that the Parks Department and the City recognize these outstanding men, because what they're doing is truly the kind of work to preserve the beauty and the environment of the City of Miami and they do it without a lot of recognition. They do it without a lot of tribute and candidly, they probably do it without a whole lot of pay. I think everybody would agree on that, so, we wanted to take this opportunity to commend the Parks Department and these wonderful men who give up so much of their time from their families and the community to do this special environmental work, a special work for our community, and we know that the Virginia Key Trust and all the help going to Virginia Key Beach and they will come in the future, appreciate your good work, and may God bless you. Let's give them a big, big hand and salute for what they're doing. (APPLAUSE) Chairman Regalado: Thank you. Thank you. Thank you very much. Thank you for coming. Commissioner Gonzalez. Commissioner Gonzalez: Thank you, Mr. Chairman, members of the Commission. I would like to extend a salute to the Allapattah Problem Solving Team and I would like to call them on the dais. Sergeant Luis Cabrera, Officer Manuel Bucelo, Officer Manuel Cabrera, Officer Willy Diaz, Officer Gilberto Gomez, Officer Salvador Lozano, Moises Martinez, Malcolm Moyse, Tony Regueira, Antonette Smith and Melissa Stuckey. I've been classified many times for being a strong critic of the police department, and I believe that isn't justified. Whenever I've seen something that I believe that is not proper, I have criticized them, but I have also always recognized the vast majority of our police department who are doing a great job out on the street and the Allapattah Problem Solving Team is a perfect example of the work that the Miami Police Department is doing out in our streets throughout the entire city, and I know and I can vouch for the work that they do out there because, as I said many times, I do have ridden with them and I have gone to emergency calls with them, I have gone to scenes where there have been shootings and holdups and the whole nine yards, so I know what they are going through to preserve the lives and the properties of our citizens in the City of Miami and specifically in the area of Allapattah. That is the reason why we are extending a commendation through the officers that I named before, including their sergeants, and the proclamation reads as follows: "The City of Miami wishes to pay tribute to you for your dedication, expertise and vision in the creation of a safe and nurturing environment, elevating the quality of life in our city. Your commitment and tireless effort has resulted in a decrease in crime in the Allapattah neighborhood and (UNINTELLIGIBLE) area. We value your outstanding performances as police officers who have made a noticeable improvement in our city by reducing the incidents of narcotics and burglary, affecting an overall reduction in crime and ensuring a more humane and secure neighborhood. On behalf of our citizens and our official governance, we pause in our official deliberations to honor your availability and professionalism and commend you, dedicated service to the general welfare of the City of Miami. We salute you as Miami's best. Signed by Mayor Manny L. Diaz and myself. Congratulations. (APPLAUSE) 16 December 12, 2002 Sergeant Luis Cabrera: Before we leave the podium, I want to say thank you to the Commission for their support. I would like to call up Commander Fernandez, Major Maresa up to the podium. Deputy Cheatham is here. I just want to say that every day we're out there. We're trying to clean our streets and make the neighborhood safer. The Commissioner we run into him almost on every call, he's there. He backs us up and he supports us, but I want thank my support staff, the people I work for. Without them, without the tools that they give us, we wouldn't be able to accomplish this. I was taken aside when I first came to Allapattah and I was told take a look over the hill, that's the enemy. Let's go out there and fight crime and let's help the good citizens of Miami and with everybody up here we've been able to do that. You don't know how much this means to me and to my team who every day risks their lives for this community. Thank you so much from the bottom of my heart and God bless you all. Thank you. Commissioner Gonzalez: You all deserve it. Let's give them a round of applause. (APPLAUSE) Chairman Regalado: One last proclamation, and this is for a young, professional journalist. He is a radio, TV reporter, anchor and we are very proud of him. He was just recently named Mr. Television 2002, Mr. Angel Zayon. Commissioner Sanchez: Angel Zayon. You like that introduction? Angel Zayon: Yes sir. Thank you so much and I'm glad I'm proud to work with this Commission in issues that concern this community. Chairman Regalado: Thank you very much. Commissioner Sanchez: Congratulations, Angel. Chairman Regalado: Congratulations, Mr. Television. Ok, so we're done. 5. CONGRATULATE UNIVERSITY OF MIAMI HURRICANES FOOTBALL TEAM FOR ITS SECOND CONSECUTIVE UNDEFEATED SEASON AND EXTEND CITY'S BEST WISHES AND HOPES FOR REPEAT AS NATIONAL CHAMPIONS OF COLLEGE FOOTBALL WHEN THEY COMPETE AT FIESTA BOWL ON JANUARY 3, 2003. Chairman Regalado: Consent agenda. Just before we go into the Consent Agenda we have some time certain that we need to announce on, let me see We have some personal appearances. Vice Chairman Winton: Mr. Attorney? Chairman Regalado: The City Attorney has requested Vice Chairman Winton: Mr. Chairman? 17 December 12, 2002 Chairman Regalado: time for (UNINTELLIGIBLE) Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes sir. Vice Chairman Winton: Could I take a moment to take something both out of order and not on the agenda that will take just a moment? Chairman Regalado: Absolutely. Vice Chairman Winton: I would like to read this resolution and get you all support for this resolution, and I'll read it. So move. Commissioner Sanchez: Here, here. Chairman Regalado: Oh. We have a motion and five seconds. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION 02-1268 A RESOLUTION OF THE MIAMI CITY COMMISSION CONGRATULATING THE UNIVERSITY OF MIAMI HURRICANES FOOTBALL TEAM FOR ITS SECOND CONSECUTIVE UNDEFEATED SEASON AND EXTENDING THE CITY OF MIAMI'S BEST WISHES AND HOPES FOR A REPEAT AS THE NATIONAL CHAMPIONS OF COLLEGE FOOTBALL WHEN THEY COMPETE AT THE FIESTA BOWL ON JANUARY 3, 2003; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO EACH OF THE UNIVERSITY OF MIAMI HURRICANE PLAYERS, COACHES AND PRESIDENT OF THE UNIVERSITY OF MIAMI. 18 December 12, 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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Sanchez: But I thought you were going to introduce a resolution to amend the liquor ordinance at the Orange Bowl so we could drink all four quarters. Vice Chairman Winton: Ok, that, too. 6. CONSENT AGENDA Chairman Regalado: We have a 10:30 presentation by counsel, Miguel De Grandy on the redistricting. We also have a personal appearance by Luis Penelas in a few minutes. Personal appearance by Reverend Dr. Gilbert Smith and Mr. Anthony Swain. Betty May also a personal appearance. We have a time certain at 3 P.M., the Flagstone Properties will be discussed at 3 P.M., and of course we all know that at 1 P.M. there will be a 75th anniversary of Pan American in City Hall, so you're all invited. The Consent Agenda anybody who wishes Vice Chairman Winton: Yeah. Mr. Chairman? Chairman Regalado: Yes, sir. Vice Chairman Winton: I would like to continue to the afternoon CA -5 and CA -6 and then I have a discussion point on CA -12. Chairman Regalado: CA -5 and CA -6 have been deferred for the afternoon. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes sir? Commissioner Sanchez: CA -13 I would like to defer the item and I would like to have the administration come back to explore the replacement cycle from three years to four years and hopefully, in the process, renegotiate the warranty or the maintenance, and the reason why is that 19 December 12, 2002 some of these computers and laptops are being replaced every three years. I could understand a computer that's getting a lot of usage, but some of the computers that aren't, or laptops that are not getting a lot of usage, you know, they could be replaced every four years, and I don't think anyone would dispute that we have made significant strides in the technology in the last four years. However, it's all about cost effectiveness and it's about getting the best deal for the City, so what I'm going to do is, defer this item for the next Commission meeting. They could come back with an analysis as to the differences of three to four year on the replacement cycle of the computers. Vice Chairman Winton: Actually I'm sorry Commissioner I mean, Mr. Chairman, when I was talking about CA -12 and I really was talking about 12 and 13 Commissioner Sanchez: Ok. Vice Chairman Winton: And my point is a piggyback to Commissioner Sanchez' point and that is that these are huge expenditures. I mean, 12 is a $1,500,000 impact and I forget what 13 is, but it was also a very significant financial impact and we have them in the CA Agenda and I guess I struggle with it. I don't know the right answer here, but these are huge financial impacts and I can't figure out from what I'm reading. I don't know if we're doing the right thing. I don't know if this contract on CA -12 and the proposal on CA -13 I can't tell if that's really the right thing to do. I don't understand if it's the right thing to do. I don't understand what the options are and maybe that isn't something we should worry about, but it senses me I mean, I just have the sense that it should be something we worry about, but I don't know how to get at understanding whether or not we've looked at all of the options out there and how we determine whether or not these are the appropriate options and steps to take spending this kind of money, and that's what I'm struggling with here, and I would love to hear from the rest of my colleagues in terms of how they think about this, because I'm just expressing my struggle. My struggle may not be appropriate, but it's an internal struggle that I'm dealing with. Commissioner Sanchez: Well, just to add to what you're saying, Commissioner Winton, the issue here is, and I'll speak on my experience. My computer in my office I don't think that should be changed every three years. My laptop shouldn't be changed every three years. I mean, there are other computers that may have more usage and more memory and more that they might be changed every three years, but automatically to say that every three years we're going to change computers and laptops and its expenditures are close to one point something million dollars, concern me. Now what I would like to know, based on an analysis, is to find out what is the difference of the replacement value or the replacement cycle from three to four years. I understand that some other cities have four years replacement cycle. That is the only thing that I would like to ask. To have this item deferred at this time and then it comes back with an analysis of how much it would cost us to basically have the replacement cycle from three years to four years. Vice Chairman Winton: And see and Commissioner Sanchez, some of our departments may need to change every two years simply because the way technology changes and they could benefit dramatically by it, but some of them may be five. I mean, I don't know and you're on 20 December 12, 2002 absolutely the right track here and it ought to be technology needs driven as opposed to just kind of this blanket statement that everybody gets changed out at some pre -determined date. Commissioner Sanchez: And another issue John. I mean, technology nowadays, you know, if it doesn't come out of your pocket and you know you have this like a perfect example. You have the laptops and you have the Blackberrys, you know, they come out and people want the best thing that's out there, you know, and sometimes, you know, you just can't get the best thing that's out there. I don't want to hold back technology. I think the City has made a great improvement in technology. You can't compare five years ago, you know, when we didn't have the technology that we have today. But some of these laptops maybe just could be reprogrammed or maybe a new program comes out and they just put it, but I'm going to let the experts decide, and they should come back with a recommendation as to what they could do. From a three to four year and see what they could work out on the maintenance plan and if it's not cost effective, if it's cheaper to us to re -buy them every three years, it's perfectly fine, but we don't have that yet. You have not been able to tell me that. Carlos Gimenez (City Manager): Commissioner, I share your same concerns and I actually had this put aside until we had our new CIO (Chief Information Officer) come in and take a look at it and I wanted to make sure that he was comfortable before we went ahead with this item on this agenda. It may not have been fair to him to give him a week to look at it and see if he felt comfortable or not. I think it's a good idea to just go ahead and defer it till the next Commission meeting. He'll have a greater opportunity to take a look at it and also come back to you with his recommendation of, you know, for the next meeting. I have no problem with that. Vice Chairman Winton: Both 12 and 13. Commissioner Sanchez: Both and 12, ok. So if we need a motion that'll be the motion, to have 12 and 13 deferred and have the administration come back with recommendations based on the study on three to four year replacement cycles. So move. Chairman Regalado: Ok. This is an amendment to the Consent Agenda, so you want to pull that out of here? Commissioner Gonzalez: Move to approve the Consent Agenda. Alejandro Vilarello (City Attorney): Mr. Chairman, one item Chairman Regalado: No. We have a motion and a second for the Consent Agenda. Anybody else who wishes to discuss or pull Commissioner Teele: Mr. Chairman, as I understand the motion that is being made, it is to move the balance of the Consent Agenda, with exceptions of CA -5, 6, 12, and 13. Chairman Regalado: Right. That is the motion. We have a motion all Mr. Vilarello: Mr. Chairman? 21 December 12, 2002 Commissioner Teele: The attorney. Mr. Vilarello: One item Consent Agenda Item 19 is listed as an allocation of $39,000. That should be $30,000 and the Account Number is 24101-250. Those are two changes on that item. Chairman Regalado: Ok. With the amended number, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER GONZALEZ AND SECONDED BY COMMISSIONER TEELE, 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 22 December 12, 2002 6.1 ACCEPT BID OF WEATHERTROL MAINTENANCE CORPORATION FOR PURCHASE OF ALL MATERIALS, INSTALLATION, PROGRAMMING AND TRAINING FOR TWELVE VARIABLE FREQUENCY DRIVERS, FOR DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER DIVISION, TOTAL CONTRACT $74,084; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROGRAM. RESOLUTION 02-1269 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF WEATHERTROL MAINTENANCE CORPORATION, FOR THE PURCHASE OF ALL MATERIALS, INSTALLATION, PROGRAMMING AND TRAINING FOR TWELVE VARIABLE FREQUENCY DRIVERS, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER DIVISION, IN AN AMOUNT NOT TO EXCEED $70,584, PLUS A CONTINGENCY IN THE AMOUNT NOT TO EXCEED $3,500, FOR A TOTAL CONTRACT VALUE OF $74,084; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROGRAM, PROJECT NO. 311042.429301.6.830. 6.2 ACCEPT BID OF SOUTH FLORIDA MEDICAL EQUIPMENT CO., FOR PURCHASE OF DISPOSABLE HEAD IMMOBILIZERS, FOR DEPARTMENT OF FIRE RESCUE, TOTAL AMOUNT $82,800. RESOLUTION 02-1270 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SOUTH FLORIDA MEDICAL EQUIPMENT CO., FOR THE PURCHASE OF DISPOSABLE HEAD IMMOBILIZERS, FOR THE DEPARTMENT OF FIRE RESCUE, ON AN AS -NEEDED BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $27,600, FOR A TOTAL AMOUNT NOT TO EXCEED $82,800; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.714. 23 December 12, 2002 6.3 ACCEPT BID OF COMMERCIAL ENERGY SPECIALIST FOR PURCHASE OF SWIMMING POOL CHEMICALS AND SUPPLIES FOR VARIOUS CITY POOLS, TOTAL AMOUNT $145,292.25; ALLOCATE FUNDS FROM DEPARTMENT OF PARKS AND RECREATION GENERAL FUNDS. RESOLUTION 02-1271 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF COMMERCIAL ENERGY SPECIALIST FOR THE PURCHASE OF SWIMMING POOL CHEMICALS AND SUPPLIES FOR VARIOUS CITY POOLS, ON A CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $48,430.75, FOR A TOTAL AMOUNT NOT TO EXCEED $145,292.25; ALLOCATING FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION GENERAL FUNDS, ACCOUNT CODE NO. 00 1000. 5 803 01.6.704. 24 December 12, 2002 6.4 ACCEPT BIDS OF BANNERMAN LANDSCAPING, PRIMARY VENDOR AND SUNSET SOD, INC., SECONDARY VENDOR, FOR FURNISHING AND INSTALLATION OF SOD AND TOP DRESSING MATERIAL TO RESTORE BASEBALL AND FOOTBALL FIELDS AT VARIOUS CITY PARKS; AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH BANNERMAN LANDSCAPING, TOTAL CONTRACT COST OF $276,696; ALLOCATE FUNDS FROM DEPARTMENT OF PARKS AND RECREATION, OPERATIONS DIVISION; AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH SUNSET SOD, INC., IN EVENT BANNERMAN LANDSCAPING CANNOT RESPOND ON TIMELY BASIS. RESOLUTION 02-1272 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF BANNERMAN LANDSCAPING, PRIMARY VENDOR FOR THE FURNISHING AND INSTALLATION OF SOD AND TOP DRESSING MATERIAL TO RESTORE BASEBALL AND FOOTBALL FIELDS AT VARIOUS CITY PARKS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BANNERMAN LANDSCAPING, ON AN AS -NEEDED CONTRACT BASIS, FOR ONE YEAR WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR AN ANNUAL AMOUNT NOT TO EXCEED $92,232, FOR A TOTAL CONTRACT COST OF $276,696; ALLOCATING FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION, OPERATIONS DIVISION ACCOUNT CODE NOS. 001000.580302.6.340 AND 001000.580302.6.712; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SUNSET SOD, INC., IN THE EVENT BANNERMAN LANDSCAPING CANNOT RESPOND ON A TIMELY BASIS OR IN AN EMERGENCY SITUATION. 25 December 12, 2002 6.5 AUTHORIZE PROCUREMENT OF CELLULAR TELEPHONE EQUIPMENT AND SERVICE, FROM VARIOUS VENDORS, FOR VARIOUS USER DEPARTMENTS AND AGENCIES, USING EXISTING STATE OF FLORIDA CONTRACT NO. 725-330-98-1, $100,000; ALLOCATE FUNDS FROM BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION 02-1273 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF CELLULAR TELEPHONE EQUIPMENT AND SERVICE, FROM VARIOUS VENDORS, FOR VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED BASIS, USING EXISTING STATE OF FLORIDA CONTRACT NO. 725-330-98-1, EFFECTIVE UNTIL DECEMBER 21, 2002, SUBJECT TO ANY EXTENSIONS BY THE STATE OF FLORIDA, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES AT TIME OF NEED. 6.6 AUTHORIZE MANAGER TO EXERCISE OPTION TO PURCHASE PROPERTY LOCATED AT 1501 SOUTHWEST 9 STREET, AS SET FORTH IN OPTION TO PURCHASE REAL PROPERTY AGREEMENT BETWEEN CITY AND MIGUEL MOREIRA; ALLOCATE $210,000 FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "CALLE OCHO IMPROVEMENTS" TO COVER COST OF SAID ACQUISITION. RESOLUTION 02-1274 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE THE PROPERTY LOCATED AT 1501 SOUTHWEST 9 STREET, MIAMI, FLORIDA, AS SET FORTH IN THE OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT) BETWEEN THE CITY OF MIAMI AND MIGUEL MOREIRA (SELLER), DATED NOVEMBER 7, 2002, ATTACHED AND INCORPORATED, WITH A PURCHASE PRICE OF $200,000 AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $210,000 FROM CAPITAL IMPROVEMENT PROJECT 341127, ENTITLED "CALLE OCHO IMPROVEMENTS" TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF COSTS OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT AND TITLE INSURANCE ASSOCIATED WITH SAID ACQUISITION IN COMPLIANCE WITH FLORIDA STATUTE 166.045. 26 December 12, 2002 6.7 APPROVE GRANT OF PERPETUAL, NON-EXCLUSIVE FOUR FOOT WIDE EASEMENT AT DOMINO PARK LOCATED AT 1444 SOUTHWEST 8 STREET TO FLORIDA POWER AND LIGHT COMPANY FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC TRANSFORMER. RESOLUTION 02-1275 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE GRANT OF A PERPETUAL, NON-EXCLUSIVE FOUR (4) FOOT WIDE EASEMENT AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A" ATTACHED AND INCORPORATED, AT DOMINO PARK LOCATED AT 1444 SOUTHWEST 8 STREET, MIAMI, FLORIDA TO FLORIDA POWER AND LIGHT COMPANY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF AN ELECTRIC TRANSFORMER, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITY WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS AND EGRESS, AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS "EXHIBIT B", FOR SAID PURPOSE. 27 December 12, 2002 6.8 AUTHORIZE MANAGER TO EXECUTE ENTERPRISE SELECT AGREEMENT WITH MICROSOFT CORPORATION FOR MICROSOFT ENTERPRISE PLATFORM PRODUCTS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 255-001-01-1, $475,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT, EXISTING GRANTS, VARIOUS DEPARTMENTAL OPERATING BUDGETS AND LAW ENFORCEMENT TRUST FUND. RESOLUTION 02-1276 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENTERPRISE SELECT AGREEMENT WITH MICROSOFT CORPORATION, OR ITS CONTRACTING AFFILIATE, FOR MICROSOFT ENTERPRISE PLATFORM PRODUCTS, UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 255-001-01-1, FOR A TERM OF THREE YEARS, SUBJECT TO FURTHER EXTENSIONS BY THE STATE OF FLORIDA, AT AN ESTIMATED TOTAL FIRST YEAR COST NOT TO EXCEED $475,000; WITH THE REMAINING YEARS SUBJECT TO COST ADJUSTMENTS BASED UPON THE ADDITION OF NEW PC WORKSTATIONS AND SERVERS; ALLOCATING FUNDS FROM EXISTING CAPITAL IMPROVEMENT PROJECT INCLUDING CAPITAL PROJECTS ACCOUNT NO. 311608, EXISTING GRANTS, VARIOUS DEPARTMENTAL OPERATING BUDGETS, REQUIRING BUDGETARY APPROVAL OF THE FUNDS FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS PRIOR TO USAGE, AND THE LAW ENFORCEMENT TRUST FUND, AS SUCH FUNDS ARE APPROVED BY THE CHIEF OF POLICE AND ARE IN COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING". 28 December 12, 2002 6.9 AUTHORIZE PURCHASE OF MAGIC SERVICE DESK SOFTWARE, TRAINING, AND INSTALLATION SERVICES AND SUPPORT FROM NEXUS CONSORTIUM, INC., FOR DEPARTMENT OF INFORMATION TECHNOLOGY, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 252-006-99-1, $86,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION 02-1277 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF MAGIC SERVICE DESK SOFTWARE, TRAINING, AND INSTALLATION SERVICES AND SUPPORT FOR TWO YEARS FROM NEXUS CONSORTIUM, INC., FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 252-006-99-1, EFFECTIVE THROUGH SEPTEMBER 30, 2003, SUBJECT TO ANY EXTENSIONS BY THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $86,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT, ACCOUNT CODE NO. 311604. 6.10 AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO EXISTING AGREEMENT WITH CORPORATE SYSTEMS, INC., TO EXTEND TERM OF AGREEMENT FROM APRIL 1, 2003 TO JUNE 30, 2003, FOR ON-LINE CLAIMS ADMINISTRATION SYSTEM FOR DIVISION OF RISK MANAGEMENT; AUTHORIZE $90,000, FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION 02-1278 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CORPORATE SYSTEMS, INC., TO EXTEND THE TERM OF THE AGREEMENT FROM APRIL 1, 2003 TO JUNE 30, 2003, ON A MONTH-TO- MONTH AS -NEEDED BASIS, UNTIL NO LATER THAN SEPTEMBER 30, 2003, FOR THE ON-LINE CLAIMS ADMINISTRATION SYSTEM FOR THE DIVISION OF RISK MANAGEMENT; AUTHORIZING THE ALLOCATION OF AN AMOUNT NOT TO EXCEED $90,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND ACCOUNT NO. 515001.624401.6.270, TO COVER THE COSTS OR SERVICES FOR THE EXTENDED TERM. 29 December 12, 2002 6.11 AUTHORIZE DIRECTOR OF FINANCE TO PAY DAVID SOSA AND JANET SOSA $150,000 IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY, FOR CASE OF DAVID SOSA AND JANET SOSA VS. VALENTINO OF MIAMI, INC., ET AL; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION 02-1279 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DAVID SOSA AND JANET SOSA, THE SUM OF $150,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF DAVID SOSA AND JANET SOSA VS. VALENTINO OF MIAMI, INC., ET AL, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO. 01 -5007 -CIV - GRAHAM, 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. 6.12 AUTHORIZE DIRECTOR OF FINANCE TO PAY BILL KELLEY AS SURVIVING TRUSTEE OF COCONUT GROVE MARINE PROPERTIES, INC. $650,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST CITY IN CASE OF CITY VS. COCONUT GROVE MARINE PROPERTIES, INC.; ALLOCATE FUNDS FROM SELF- INSURANCE AND INSURANCE TRUST FUND. RESOLUTION 02-1280 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BILL KELLEY AS SURVIVING TRUSTEE OF COCONUT GROVE MARINE PROPERTIES, INC. THE SUM OF $650,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CASE OF CITY OF MIAMI VS. COCONUT GROVE MARINE PROPERTIES, INC., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-25455 CA (09), UPON DELIVERY OF (1) A WARRANTY DEED TO ALL REAL PROPERTY WHICH IS THE SUBJECT OF SUCH LAWSUIT, AND (2) 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. 515 001.624401.6.661. 30 December 12, 2002 6.13 AUTHORIZE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, $150,000 PLUS COSTS APPROVED BY CITY ATTORNEY; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION NO. 02-1281 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED $150,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 344102.239501.6.250, FOR SAID SERVICES. 6.14 AUTHORIZE ALLOCATION $39,000, FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS OF OFFICE OF HEARING BOARDS FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD. RESOLUTION NO. 02-1282 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $39,000, FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6.250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 6.15 AUTHORIZE ALLOCATION $39,000, FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS OF CIVIL SERVICE OFFICE FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR CIVIL SERVICE BOARD. RESOLUTION NO. 02-1283 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $39,000, FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 250101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 31 December 12, 2002 6.16 AUTHORIZE ALLOCATION OF FUNDS, $30,000, FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS OF OFFICE OF HEARING BOARDS FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR NUISANCE ABATEMENT BOARD. RESOLUTION NO. 02-1284 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $30,000, FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6.250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 6.17 APPROVE CITY'S CO-SPONSORSHIP AND AUTHORIZE AND DIRECT PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES, $90,000, FOR PARADES AND EVENTS FOR FISCAL YEAR 2002-2003: MARTIN LUTHER KING PARADE, THREE KINGS PARADE, FARAH JUSTE CONCERT, AND JOSE MARTI PARADE. RESOLUTION NO. 02-1285 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP AND AUTHORIZING AND DIRECTING THE PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES, IN AN AGGREGATE AMOUNT NOT TO EXCEED $90,000, FOR THE FOLLOWING PARADES AND EVENTS FOR FISCAL YEAR 2002-2003: MARTIN LUTHER KING PARADE, THREE KINGS PARADE, FARAH JUSTE CONCERT, AND JOSE MARTI PARADE. 6.18 ACCEPT REPORT FROM CIVIL SERVICE BOARD. RESOLUTION NO. 02-1286 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 6.19 ACCEPT REPORT FROM MANAGER REGARDING COMMISSION DIRECTIVES. RESOLUTION NO. 02-1287 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CITY MANAGER REGARDING COMMISSION DIRECTIVES. 32 December 12, 2002 7. DIRECT MANAGER TO INSTRUCT CITY STAFF TO COORDINATE CHARRETTE IN BUENA VISTA EAST HISTORIC NEIGHBORHOOD TO ADDRESS ISSUES SUCH AS SAFETY, TRAFFIC, LIGHTING, STREET SIGNAGE, FENCES, ETC., AND REPORT BACK TO COMMISSION; INSTRUCT THAT FUNDING FOR SAID CHARRETTE COME FROM DISTRICT 5 COMMUNITY DEVELOPMENT FUNDS. Chairman Regalado: Personal appearances. Luis Penelas I know he's here. I just saw him. Luis, why don't you come I guess either one of the two podiums. There isn't any veto from the Mayor, so -- I think the mike is not on. We need to have somebody if they can hurry up and do the mike. Luis Penelas: Luis Penelas, 133 NE 47th Street, Miami. I am here representing the Buena Vista East Historic Neighborhood Association, and these are my neighbors. What then is special about Buena Vista East? Regardless of disputes, and disparities, its residents have something in common. They're all taking a risk. Gambling on a good place to live. Some are pouring their money and their dreams into renovation of the fine old homes. There are strong signs that all these risk takers will prevail. A sense of community is developing in Buena Vista East. Its residents should be proud of this accomplishment. Those are experts from a Miami Herald article that appeared in May, 1981. We're still facing some of those same challenges today. Shadow Lane, Flamingo Drive, More Parkway, Sweet Briar Boulevard, and Rose Lawn, those are some of the original names of the streets of our neighborhood. We envision an historic signage with these original street names on historic lighting. We envision a neighborhood where our children can play in front of their homes without fearing to be run over by speeding cars. We have worked very hard and have made significant strides, but now we need you to help bring it all together. At the suggestion of our Commissioner, Commissioner Teele, we have collected about 80 signatures to ask the City of Miami to commission a Charrette to bring our vision to fruition. I would like now a couple of my neighbors to make a brief presentation. I would also like to pass out pass to you the petitions and a package that I brought for you. Chairman Regalado: Ok. Ms. Peneles: At this time, Jordan Levin. Chairman Regalado: Luis, give it to the City Clerk. Go ahead Ma'am. Jordan Levin: Hello, my name is Jordan Levin. I live at 70 NE 48 Street, after about 12 years living on South Beach it's my first home. I'm speaking on behalf of all my neighbors in Buena Vista. Buena Vista's changed enormously in the two years that I've been there and even more over the past 10 years. But almost all of the changes there have been private. They've been because individual citizens who love these old homes and believe in living in the City of Miami have taken a risk, they put their money in, they've devoted a huge amount of time, money and sweat to developing their homes, to meeting with their neighbors, to try to turn this neighborhood into the beautiful neighborhood that it can be. Almost all of this work has come from individuals. A lot of us feel that frequently the City only responds to us by citing us for historic or code violations. We recognize that these guidelines are important to helping a neighborhood improve, but we sometimes feel like the City is punishing the middle-class people 33 December 12, 2002 or the people who are making an effort and overlooking the crack houses, the absentee landlords and the continual problems in the neighborhood because they can't have an effect on these. It's taken repeated reports and efforts from individuals to get action on the City on things like crack houses that remain active on North Miami Avenue or lights that go out. We've had really good response from the police, especially from Commander McQueen, who's taken a lot of personal time and interest in our neighborhood. But again, that's because we reach out as individuals as a community to him. We're asking for a Charrette because we feel it's the most coherent and comprehensive way to address safety, quality of life and design issues for our neighborhood. Our neighborhood, Buena Vista East, has been consistently left out of every City plan to improve this part of the City of Miami. There were Charrette done for Little Haiti and the Design District in 1997. Those are the neighborhoods to the South and to the North of us. Buena Vista was left out. There's a plan that's recently been completed for improvements in Edgewater, the Fashion District, Little Haiti, the FDOT (Florida Department of Transportation) Railroad Yard. Buena Vista again is left out. You're going to improve Northeast 2nd Avenue and Biscayne Boulevard. We are like the black hole in the City's efforts to improve the northern area of Miami. We pay some of the highest taxes in Miami -Dade. A friend of my neighbor, who lives in Coral Gables, has a house that's valued at twice hers, only pays slightly more taxes and yet our streets are full of trash, we have no curbs, our sidewalks are broken down, you know, our swales are pits, we don't have lighting, you know, our neighborhood is full of trashy fences. We feel strongly that we've done as much as we can as private citizens and that we need some coherent help from the City, and we also feel that a City is serious about seeing an improvement in the northern area with the City, with improvements that are going on in the Upper Eastside, in the Design District and all in Edgewater, with the coming performing arts district. If the City wants to connect the Design District and Little Haiti, we're the neighborhood in between that we need some help in this and we're asking for your help now. I'm going to introduce Marina Khoury, she's my neighborhood, she's an architect with Dwayny, Platter, Zyberg and she has a lot of experience in Charrette and in City planning and she's going to talk about why this would make a good solution for our neighborhood. Commissioner Teele: I'm having a hard time hearing. Chairman Regalado: Thank you. Marina Khoury: Hi. My name is Marina Khoury. I reside at 58 NE 48th Street and I just want to talk a little bit about the Charrette process, but before I do that, I'd just like to mention that in your package you have a copy of a revitalization plan that was approved by the City of Miami, I think, in 1980, and it had some very good suggestions in it. Unfortunately none of which were implemented, so the reason we would like to petition for this Charrette is because we really believe it's the most effective way to achieve consensus amongst all the residents of our neighborhood and it's really all about creating some community building, creating visual harmony for our neighborhood. We'd like to look holistically at the issues of streetscape standards and guidelines, curbs, sidewalks, trees, signage, lighting and improved safety and traffic combing. The reason we believe the Charrette is the best way to achieve this is because we believe it creates it's a unique way to get the most effective results in the shortest significant amount of time and it's a real collaborative process between the planning officials, the City of Miami planning officials, local elected officials, different departments, Public Works, 34 December 12, 2002 etc., the concerned and interested residents of our neighborhood as well as all the different business owners that surround it. We're very excited about this. We're a dynamic group of residents that are very interested in making the neighborhood as wonderful as it can be and I'm just going to introduce now two long time residents of the neighborhood who have been there since they were children, Marck Michel and Dixon Richards. Thank you. Marck Michel: My name is Marck Michel, I'm a 20 -year plus resident at 56 NE 46 Street. Just on my behalf what we'd like to say, I've been there from the good and bad. Just to reiterate and just to let the City know. I know for a long time you felt that the City and also the police department and code enforcement have been fighting a battle and not have the support from the community, and now I think things are finally starting to come back to the way they should be and we're fighting the same battle, but I'd just like to do it in a I believe the whole community would like us to do everything together. We all feel that we're being penalized for things that have been neglected for a long period of time and now we're actually trying to do things together, we'd just the City to understand that and give us the proper time and just the hearing of all of our problems and we can work things out together. Richard Dixon: Good morning. Richard Dixon. I've a long time resident of Buena Vista Gardens or Buena Vista East for the last 17 years. We've been there through all the crime, through all the penalties, through all the trouble we've had in the community. We're still happy to be there, but we'd like the City to help us out a little bit more in reference to getting some things tidied up for us. The streets need to be looked at. Some of the trees, lighting we don't have. We still have places in the community that are danger spot for us. We're hoping that we can get some assistance and that's what we're here about. Thank you. Chairman Regalado: Thank you. Morning. Wendy Stephan: My name is Wendy Stephan. I am the email person, so I have a list of 82 people in our small community. We only have 250 households, but we've got 82 people on an email list and we exchange information about this type of thing, about social gatherings, about things for sale, cottages for rent. We've already gone to the length of creating a community. We have a community now beyond the sense that we live together in the same area. But we now have common interests and we're here before you because we want you to know that we are not asking the City to help us make a quick buck on our investment. We want to live in this community. We want to work on parks, we want to work on making it a beautiful place so that people come and they don't say, oh my gosh, you live where? Is that safe? Can we park our car there? We want them to come and see the landscaping and the curbs, and the homes. The homes we're doing. We're willing to do that. But we need the City. We can do it all bit by bit. We can do it streetlight -by -streetlight, curb -by -curb, trash hold by trash hold. We need the City to come in and make the effort that's obviously not been done for many years and we will be there Chairman Regalado: I took the bus tour. It's me. It's me here talking. Ms. Stephan: Where? 35 December 12, 2002 Chairman Regalado: I took the with Luis Penelas and I was really impressed. That is beautiful, what you all done is extraordinary and it's beautiful and anything we can help. Ms. Stephan: Thank you very much. Chairman Regalado: Go ahead. Ms. Stephan: I just want to assure you that we have the association and the neighborhood will support and will maintain the changes that are brought by the Charrette. We will be there to maintain the landscaping. We will be there to take care of the properties when a streetlight is damaged, we'll be there to take care of it. This is not a fly by night group. We have children. We have families. My sister-in-law just moved here from Germany no less, so we're committed and we'd like your help. Thank you very much. Chairman Regalado: Thank you. How many more we got? Scott Short: I think it's just me. Chairman Regalado: Last one. Ok. Ms. Short: I'll be brief. My name is Scott Short. I'm a new owner in the neighborhood. I just purchased a property 44 NE 46 Street. I'm extremely excited to be a new resident in the neighborhood. I purchased a beautiful house. It's a significant investment for me to restore this house to its original glory. I have a little bit of a dilemma and that is that my family is afraid to live in this neighborhood today. The day we closed on our house there was at least 15 police cars in front of my house arresting 20 juvenile delinquents. I have no curbs in front of my house. The sidewalk is destroyed. There's garbage everywhere. For a new investor to want to make a significant investment in this beautiful neighborhood I want to feel like the City's living up to their end of the bargain. My taxes just went up $1,000 in one year and I don't see where these tax dollars are being spent, so I encourage you to please, please help this neighborhood. I'm very excited about this neighborhood and I think it has a lot of potential and please help us. Thank you. Mr. Penelas: Thank you, Commissioners, for this time. Please don't think that we're here to complain. Commissioner Teele: You know Luis Mr. Penelas: You'll help us out a lot. The police department Commissioner Teele: Luis, before you round up, I think you should be commended individually, as well as collectively. I've been to at least three of your meetings some time ago and I know how difficult things have been in just getting organized, and I think what the statement that you're making today and the statements that I want to commend the homeowners for is coming together. I don't think it's really fair to lay a lot of the blame on the City yet, yet. But because you know and I know how difficult it has been just to get organized and to get consensus. One 36 December 12, 2002 of the things that I don't want to take a lot of time on this this morning, because what I want to do is take an action on this today. But the one of the things I think you should be mindful of Luis, and you should make sure because you've got a lot of new owners. New homeowners are in the group now as well is that there's not always been consensus about what to do, and I think a lot of this has to do with the fact that five years ago this community was totally different, and I don't mind saying it publicly. I believe in the Buena Vista community as much as I believe in any community. In fact, I went over there and was that close to buying a house in Buena Vista and being your neighbor there on 4e Street. So and this was five years ago and I've said repeatedly, I've said it privately, I've said publicly, if there is one area of District 5 that has a potential to be the new Coconut Grove, the new Morningside, it is the Buena Vista area, which is one of the reasons why I will not back down about the park, because once we build that park, no matter what and I don't want to editorialize but I am going to say this. Most of the people that are opposed to the park don't live in that area. They have bought real estate property within the last three years, being pushed out of the Design District because of price, come in and bought cheap housing, now they want to hold the whole community down. But that's another problem, and we'll work together on that. Luis, we hired a consultant to do historic preservation. Have you all been able to access our consultant? Historic preservation consultant in terms of the design standard, etc? Mr. Penelas: No, sir, we have not. You know that this issue came up originally because we had some fence guidelines that we wanted to change. Commissioner Teele: And I know that there's been back and forth within the neighborhood about what Mr. Penelas: Exactly. Commissioner Teele: But it seems now that there's some consensus. Mr. Penelas: Precisely that's why we want the Charrette. Because the Charrette is a way for us all to come together and decide collectively the future of the neighborhood and address all of these issues at one time. Commissioner Teele: What is your specific request today? Mr. Penelas: That you commission a Charrette for the Buena Vista East historic neighborhood to address issues such as safety, traffic, lighting, street signage, fences, et cetera. In other words, a vision for the future of our neighborhood. Commissioner Teele: In a Charrette form? Mr. Penelas: Yes, sir. Commissioner Teele: Mr. Chairman, I would move that the City staff be instructed to plan a Charrette within 180 days and with the funding for this Charrette to be identified from resources in District 5 our Community Development funds. I would so move. 37 December 12, 2002 Chairman Regalado: We have a motion and a second. Do we have a second? Commissioner Sanchez. Commissioner Sanchez: Second of discussion. Chairman Regalado: Go ahead, sir. Commissioner Sanchez: Could this Charrette be done in-house? Commissioner Teele: Well, we have a consultant. If you're saying it could be done in-house if you'd like the report to come back within 60 days or 30 days on how it'd be done and the funding to be done at that time, but I do think that Charrette normally have an outside person. One of the advantages of Charrette is that you get somebody who's not vested. The challenge is going to be, you know, redesigning streets, redesigning sidewalks, redesigning sidewalks that don't exist I guess, redesigning swale areas, redoing the lighting, landscaping, and in many ways, I don't think it's fair to ask Public Works to do that per se, but I think a Charrette would be very helpful. Commissioner Sanchez: I don't dispute the Charrette. I'm just saying that sometimes when you get the City onboard and you start the process of working together, whether it be a second party or a third party, I think that saves you time in the long run to work with the City. I mean, you go with an outside Charrette, you come back certainly you're still going to have to sit down with the City, so in the whole process, since the beginning you have the City onboard, you know, that's what Public Works is there for. Chairman Regalado: Commissioner Winton. Vice Chairman Winton: And Commissioner Teele if I may, and I like the idea I'm totally supportive of this Charrette idea and it seems to me that coming out of the Charrette what the team ought to do is bring us a series of resolutions that are action steps to implement the Charrette and the Charrette process we probably ought to make sure that we bring, from a consulting standpoint, the right team of consultants to the table that can also identify not only what we want the neighborhood to look like, but the cost associated with implementing the steps that we want to implement so that we can then, from a government standpoint, get that plugged into a budget process and a timeline process that the entire neighborhood and us can all understand and follow some timeline, so my only addition to what you're recommending, Commissioner Teele, is that we also have the financial experts at the table with them so we can identify the cost associated with the changes they want to make in their neighborhood. Commissioner Teele: And I take that to heart and I would amend the motion to include a report to come back by the first meeting in February with the cost and the various components that Commissioner Winton and Commissioner Sanchez have identified. Commissioner Sanchez: Second and the 38 December 12, 2002 Chairman Regalado: Just for verification. The motion will be to direct the Manager. Commissioner Teele: The motion is to direct the Manager to within 180 days to complete a Charrette and further requiring that the Manager come back by the first meeting in February with the interim steps to carry out the motion that is within 180 days. 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 motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-1288 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT CITY STAFF TO COORDINATE A CHARRETTE IN THE BUENA VISTA EAST HISTORIC NEIGHBORHOOD WITHIN 180 DAYS TO ADDRESS ISSUES SUCH AS SAFETY, TRAFFIC, LIGHTING, STREET SIGNAGE, FENCES, ETC., AND REPORT BACK TO THE COMMISSION AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 13, 2003, WITH A SERIES OF IMPLEMENTATION STEP RESOLUTIONS AND THE COST OF EACH IMPLEMENTATION STEP; FURTHER INSTRUCTING THAT FUNDING FOR SAID CHARRETTE COME FROM DISTRICT 5 COMMUNITY DEVELOPMENT FUNDS. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Regalado: Thank you. Mr. Penelas: Thank you, Commissioners. Thank you very much. 39 December 12, 2002 8. DIRECT MANAGER TO INSTRUCT PUBLIC WORKS DIRECTOR TO MEET WITH MS. BETTY MAY OF IBO'S MARKET TO ADDRESS LIGHTING PROBLEM IN FRONT OF HER STORE LOCATED AT N.W. 2ND AVENUE AND MAKE RECOMMENDATIONS REGARDING PARKING; MANAGER TO INFORM FLORIDA POWER & LIGHT (FPL) OF SITUATION. Chairman Regalado: Thank you. Let's move on with the personal appearances. We still have Counsel Miguel De Grandy there, but if you give us a few minutes, because we have a time certain, Reverend Gilbert Smith, Anthony Swain. Are you here on his behalf? Commissioner Teele: No, she's here on the 11 o'clock. Chairman Regalado: Oh you're here on the 11 o'clock. Let me just first call Betty May: Good morning. Betty J. May, Ebo's Market, 1034 NW 2nd Avenue. Ebo's Market is a small business retailer owned and operated by the proprietor Betty May. It has served the Overtown community since 1980. Located at 1034 NW 2nd Avenue, Ebo's Market has upheld a small affective driving force of local economy. It currently has 10 employees on which are residents of Overtown; four cashiers, four stockers and a cleaning crew, two maintenance personnel. The business sells convenient high turnover items from groceries, meat and clothing. It also offers Notary Public for a nominal fee. The primary concern for Ebo's Market is an adequate parking and street lighting. It holds approximately 12 parking on the street parking spots, which are shared among three other businesses. Also note, lighting is a major concern. Street lighting provided security and is essential pleasing to the area. The benefit better accessibility to the store, therefore, customers are frequently and quantity, ease of traffic flow, greater after -hour revenue, longer hours of operation. Therefore, we are making the following request: The City Commission adopt a resolution to create parking in the area, surrounded by the boundaries 9th and 10th Street and 2nd and 3rd Avenue, as well as construct and maintain the street lighting. I'd like to say this, that the parking and the lighting is terrible there. I've been there over 20 years and if you live there you would know. If you go there there's nowhere to park and the lighting is terrible. My electric bill is almost $1,000 a month where I'm putting lighting on the outside of my store just so that the customers will know that I'm there. I'm there to attract customers. I've been working there hard for 20 or 30 years and I haven't had any help. I asked some people to help me, nobody came. That's why I decided to come myself. You know the saying that sometimes you can't see the forest for the trees, so now I see. I have to do it myself. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: Thank you very much. Ms. May, you're on 2nd Avenue, right? Ms. May: Yes. 40 December 12, 2002 Commissioner Teele: And just so that the Commission is aware, you're probably about two blocks from the Lyric Theatre. Ms. May: Yes. Commissioner Teele: Do you get much business from the Lyric Theatre? Ms. May: Yes. Commissioner Teele: And there's been an ongoing controversy. You've been there for how long Ms. May? Ms. May: Well, since 1980. Vice Chairman Winton: What was that last question you asked before that, Commissioner Teele? Commissioner Teele: You've been there for how long? Vice Chairman Winton: No. The one before that. Commissioner Teele: She gets business from the Lyric Theatre. Vice Chairman Winton: Ok. Commissioner Teele: In other words, when there are events. Ms. May: And from the condos that are located right here by the arena. I'm there to attract customers. I just had the store renovated and I'm there to make money and I pay a lot of taxes and I need help. Vice Chairman Winton: You should be there to make money. Commissioner Teele: And the problem or the challenge that we have is this, Commissioners. When the Commission passed the ordinance creating the 3rd Avenue Historic District, we got a lot of requests from people on 2nd Avenue and people on 1St Avenue. I know we've heard from people saying we don't want any parking lots. Ms. May: Because they're not there. They're not there. Commissioner Teele: But then hold on Miss May. I understand that. I understand what you're saying. But the inequity that appears is that the CRA (Community Redevelopment Agency), of course, has taken 3rd Avenue. Now the CRA does not replace the City. The City has an obligation, so what I would like to do is request is the Public Works director here? What I would like to do is request that the Public Works director meet with Miss May and 41 December 12, 2002 inform the people from the lighting Florida Power and Light, etc. Ultimately Miss May the challenge that we're going to have is going to be to get the City Ms. May: Excuse me? Commissioner Teele: The challenge that we're going to have as I have said repeatedly is going to be to get the City to adopt a new business corridor or extend that business corridor to 2" d Avenue, because the City technically doesn't get involved in parking unfortunately, which is why so many of our communities look like they do and I know Commissioner Sanchez has got some concerns about that. I think we can address the lighting problem immediately. On the parking problem what we're going to do is I will bring the matter up at the CRA Board meeting on Monday and ask that they begin to look at this to see if there is some way as a part of the business corridor initiative. We had proposed parking lots number six, which was never built, which was going to be right next to the Lyric Theatre and it may be that we have authorization to do something like that to help you. Ms. May: Well, I have copies and the things here if you would like to take these empty lots and things that are nearby. Commissioner Teele: Right. Ms. May: By the market. Commissioner Teele: Well, there's a lot of vacant land there and of course one of the concerns, you know, is that we hear from all sides of the community. Some people don't like parking lots. Ms. May: Well, I'm not talking about all people. I'm talking about my business Commissioner Teele: I understand Ms. Ms. May: there because I pay taxes there. Commissioner Teele: You're exactly right and what we want to say to you is the City has to be responsible for the lighting. We'll take that up today and on the parking situation, I'll bring it up at the CRA and ask that they begin to look at this as a way of providing direct assistance to you, if that would be helpful. Ms. May: Thank you very much. Vice Chairman Winton: Commissioner Teele? Commissioner Teele: Commissioner, before you leave, I yield to Commissioner Winton. Vice Chairman Winton: I tell you, what gets me excited about providing the support that we need to provide, here's a lady that's been in business for 20 years. It isn't somebody that just moved into the neighborhood and is praying that they're going to do business. Here's a lady 42 December 12, 2002 that's been in business for 20 years, so obviously she has a proven track record of success and there's nothing easier for or smarter, for government to do than to help the existing customers. We don't have to go recruit a new business. We've got a business right there that we need to do we need to bring infrastructure improvements to that neighborhood so that business can thrive and expand. Ms. May: Thank you. Vice Chairman Winton: I mean, this isn't taking a flying leap somewhere on our part. This is helping somebody that's got a proven track record. I mean, so this kind of thing gets me excited. Chairman Regalado: Ok. Vice Chairman Winton: I would be glad to help in any way at the CRA Board meeting as well. Commissioner Teele: I would move that the manager be requested to work through the Public Works Department to address the lighting situation and make recommendations regarding parking and any other infrastructure. So move. Chairman Regalado: Ok. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-1289 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE PUBLIC WORKS DIRECTOR TO MEET WITH MS. BETTY MAY OF IBO' S MARKET TO ADDRESS THE LIGHTING PROBLEM IN FRONT OF HER STORE LOCATED AT N.W. 2ND AVENUE AND MAKE RECOMMENDATIONS REGARDING PARKING AND OTHER INFRASTRUCTURE IMPROVEMENTS NECESSARY; FURTHER DIRECTING THE MANAGER TO INFORM FLORIDA POWER & LIGHT (FPL) OF THE SITUATION. 43 December 12, 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 Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. 9. PRESENTATION BY MIGUEL DE GRANDY RELATED TO REDISTRICTING. Chairman Regalado: We have -- we still have some personal appearances, but I'd like to ask you to bear with us for a few minutes, because it's mandated that we hear this presentation by an attorney, who is working in the redistricting in the City of Miami. And we need to do this now. We need to do it in this session. So, let's hear the presentation, and then we'll come back to the personal appearance. Go ahead, sir. Miguel De Grandy: Thank you. And good morning, Mr. Chairman, and Commissioners. For the record, my name is Miguel De Grandy. My address is 201 South Biscayne Boulevard, in Miami, Florida. And I'm here today with Mr. Steve Cody, who is of counsel to my firm and also a recognized expert on redistricting in Voting Rights Act issues. And as your counsel on redistricting, we've requested this opportunity to make this public presentation for your benefit, as well as for your constituents. As part of this presentation, we will start with an overview of the legal issues related to redistricting the City of Miami. Mr. Cody will then go through the relevant demographic data from the 2000 census, and at the conclusion of our presentation, we will request initial policy direction from you as to the different redistricting criteria that you would like us to consider and utilize in preparation of draft plans for your consideration. Finally, we will also seek input from you as to the number of public hearings and the time line for public hearings in the community, if you wish to have them. Of course, at that time, we will be happy to answer any other questions that you may have. Now, before we begin, let me emphasize, Commissioners, one basic principal. Our job, as counsel for the City, is to assist you, as elected officials, in crafting and implementing a sound legal plan for redistricting the City of Miami. Mr. Cody and I do not have the privilege of having been elected by the people of the City of Miami to make policy decisions, and that is certainly not our role. Therefore, please do not interpret any of the comments made, either at this or subsequent hearings, as our attempt to in any way usurp or compromise your right to represent your constituents; rather, please understand that, as counsel, it is my responsibility and ethical duty to advise you on the law and even to advise you in areas where I believe the law may not permit utilization of any specific policy consideration or criteria in crafting a plan. It will then be, of course, your sole providence, as a Commission, to make all final decisions on policy considerations, and implementation of specific plans. Having said that, Commissioners, let me give you a brief outline of the legal issues I will 44 December 12, 2002 cover, and then proceed to my presentation. Some months back I gave you legal memorandum, and if you read it, you can see that the law governing reinforcement and redistricting is very complicated, and it's derived from a series of sources, including the United States Constitution, federal statutes, all that's interpreted by a number of key court rulings. Now, oftentimes these rules seem confusing and sometimes even contradictory, and rather than bore you and confuse you with an entire dissertation on the law, I will limit my presentation to three basic principles that will guide our process in the City of Miami. These principles are as follows: Number 1, each Commission district must achieve substantial equality of population within the deviations permitted by the case law. Number 2, the City must not engage in racial gerrymandering. And number 3, new Commission districts must not dilute the votes of minority communities. Now, first, the requirement to redistrict the state and local governments is derived from the 14th Amendment to the United States Constitution, based upon a traditionally recognized principal commonly known as "One person. One vote." Federal courts have basically held that the 14th Amendment requires of legislative districts in state and municipal governments be apportioned on a population basis. The law requires substantial equality of population among the districts, and that phrase has come to generally mean that a legislative plan will not violate the equal protection clause if the difference between the smallest and the largest district in the jurisdiction is less than 10 percent. Now, the range between the largest and the smallest is sometimes referred to as the "maximum population deviation" or the "over all deviation." And in the City's current plan, we find that the overall deviation between the highest district, which is District Number 2 in population, and the most under populated district, which is District Number 5, is roughly 18.5 percent. Therefore, the City's plan is considered, as a matter of law, to be malapportioned and could not be utilized in further elections after the 2000 Census. The City is therefore constitutionally mandated to rebalance the population of districts. Now, although the data is two years old, we will use the Census 2000 figures for realigning your plan. This data has been found to be universally acceptable by the federal courts for these purposes, and therefore minimizes the probability of legal challenges if other data is utilized. The second and third principal that I mentioned are sometimes looked at as contradictory. The Constitution, for example, prohibits a jurisdiction from engaging in racial gerrymandering, and yet the Voting Rights Act prohibits dilution of minority communities' voting strength. And let's examine how to reconcile these competing goals. First, let's talk about the Constitutional mandate that prohibits racial gerrymandering. This principal fully evolved in the 1990 redistricting cycle through several Supreme Court opinions, the most notable being Shaw versus Reno. And, generally, the courts held in these cases that when race was the predominant factor in the creation of a district, it would be subject to the most stringent legal standard, and would, in most circumstances, violate the Equal Protection Clause. This predominant factor test has been articulated in several ways in different cases, but basically, the court looks to the intent of the legislative body, and whether consideration of race or ethnic background played a bigger role than other customary and traditional redistricting principals. This makes, as we will discuss further in the presentation, the utilization of what are called "traditional" or "accepted" principles of redistricting more important in order to insulate your plan against legal challenge. We will discuss those factors in more detail towards the end of our presentation. But by way of example, these principals include such things as minimizing voter disruption and confusion, the use of natural or manmade geographic boundaries, compactness and maintaining traditional neighborhoods and communities of interest. If the configuration of a district can be explained by the utilization of traditional redistricting principles, the courts are unlikely to declare the districts 45 December 12, 2002 unconstitutional. Now, finally, let's turn to the standard that says the Commission districts must not dilute the votes of minority communities. Most every decision of a supreme court, on the Voting Rights Act, has analyzed the scenario with only one minority community, or protected class, under the Voting Rights Act. The City of Miami presents unique challenges because there are two communities recognized as protected classes under the Voting Rights Act, and within those protected classes you have subsets of language and ethnic minorities. Now, as was done in the City's original plan of single member districts, the challenge before you in this process is to balance the interest of all groups while, at the same time, being mindful of the 14th Amendment restriction against using race as an overriding criteria. Earlier this year, Commissioners, Mr. Cody and I served as counsel to the Florida House of Representatives, assisting the House in creating its redistricting plan. The legislature's plan was hotly contested and indeed challenged in the case of Martinez versus Bush, and a Three Judge federal panel upheld the methodology that we utilized to create the plan. Specifically, the court found, and I quote "race for Hispanic status was considered in drawing a performing Black or Hispanic districts in an effort to enhance performance of the district for Black or Hispanic candidates of choice, to avoid dilution of the votes of Black and Hispanic voters, and to comply with Section 2 of the Voting Rights Act. Traditional redistricting principals -- and the court emphasized that -- were also considered and respected in the drawing of these districts, and neither race nor Hispanic status was the controlling or predominant factor in drawing of such districts." Now, in drawing the City's plans, Commissioners, we would propose to take the same approach that we utilized there, and that was approved unanimously by the Three Judge federal court in Martinez versus Bush. Now, the court further found that compliance with the Voting Rights Act was a necessary goal in South Florida because the three-part test of Jingles versus Thornbird was established. Now, in Jingles, the United States Supreme Court held that, as a minimum, in order to state a cause of action, under Section 2 of the Voting Rights Act, it must be established that, number 1, the protected group is sufficiently large and geographically compact within the jurisdictions; 2, that the protected group is politically cohesive, and 3, that other voters generally vote as a block to defeat minority candidates of choice in at -large elections. Vice Chairman Winton: Miguel? Mr. De Grandy: Yes, sir. Vice Chairman Winton: Can I interrupt you for one second? We had another personal appearance, and there's a bunch of people here. How long will your presentation go? Mr. De Grandy: My part of the presentation is over in two minutes. Mr. Cody's will take another 15. If you want, I can finish mine, and we could take a break. Vice Chairman Winton: OK. And will we need time after that? Mr. De Grandy: Yes. At that time we will ask for a policy direction from you, and engage in a conversation, to which consents us as to what goals to utilize. Vice Chairman Winton: So, this could take 30, 40 more minutes? 46 December 12, 2002 Mr. De Grandy: Thirty minutes, 40 minutes. Vice Chairman Winton: So -- and just indulge me one moment, please. From y'all's point of view, from the hotel venues committee, I know Commissioner -- Chairman Regalado has to leave at a quarter of 12. I would like to make sure he is here for the presentation. I'd like to make sure we have a full Commission for the presentation. And, so, you know, if this goes 30 minutes or if it goes 40 minutes, for sure we're going to lose him. If it goes 30, you know, there might be a 10 -minute gap. So, you know, I would like y'all to kind of huddle among yourselves and decide if you want to stay or come back at three, and I'll make sure we pick you up right at 3:00. OK. That's the answer; you'll come back at three? OK. Thank you. And my apologies. I mean, if I would have been awake, I would have brought you in. And, so, I'm really sorry to have you all come and then keep you waiting. My apologies. Miguel, go ahead. Thank you. Mr. De Grandy: Thank you. Mr. Chairman, if I may? As I was saying, in that case, where they analyze the House districts in South Florida, the Three Judge Martinez court held that, "In the case in bar, it is undisputed that the Jingles factors are satisfied." Now, that is a very important finding that we can and will rely on as an initial indication that, in this jurisdiction, compliance with the Voting Rights Act, is a necessary element of analysis in crafting a plan. We will, of course, develop independent evidence, as we must, through expert consultants, to demonstrate that those factors are also apparent within the boundaries of the City of Miami, and that therefore race and ethnic diversity must be considered as a factor in order to comply with the Voting Rights Act. Now, at this time, Commissioners, let me introduce Steve Cody to walk you through some of the data for the 2000 Census that is relevant to the City's process, and after that, we will open it up for a discussion with you on what redistricting criteria you want to prioritize and answer any questions you may have. Thank you. Mr. Cody: Thank you, Miguel. Good morning, Mr. Chairman and members of the Commission. For the record, my name is Steve Cody, and my address is 201 South Biscayne Boulevard, Suite 2900, Miami. During my presentation, I'll be referring to a number of Power Point slides that will be put up on the big screen. I asked Mr. Maxwell to pass out copies of the presentation so that you can follow along, if you wish. I would like to give you a brief overview of the demographics of the City. As Miguel mentioned in his remarks, the demography of the City of Miami drives this reapportionment process. State of Florida had a population growth of 23 and a half percent in the decade between 1990 and the year 2000. Miami -Dade County also saw growth of 16.3 percent, representing an additional 316,000 people. In contrast, the City of Miami overall saw relatively little growth. In 1990 the population was 358,000. On Election Day -- on Census day in 2000, the population was 362,000, an increase of only approximately 3700 people or just about one percent. Although the population of the City has not changed greatly, there has been a shift in the City's ethnic make-up. Between 1990 and 2000, the number of non -Hispanic white residents actually declined by about 1000. Hispanic blacks increased by about 800. The number of Hispanics moved by over 13,000, increasing their share of the population from 60 percent to 63 percent. However, the non -Hispanic black population fell, both in terms of raw population and as a percentage of the City's population. In 1990 there were 88,000 non -Hispanic black residents in the City, which accounted for 25 percent of the population. By 2000, there were almost 11,000 fewer non -Hispanic blacks in the City, and the share of the population dropped to 21 percent. As Miguel discussed during his part of the 47 December 12, 2002 presentation, during the Martinez case, which we tried this last summer, the evidence presented showed that the non -Hispanic black population that resided in the City of Miami in the 1990s migrated north into North Miami, North Miami Beach, and largely and significantly into South Broward County. Although the districts that are drawn and will be drawn are drawn primarily with an eye towards population, it's ultimately voting age population and registration that decides how these districts perform, and these are certainly factors that the Commission can and should take into account as the districts are redrawn. With the idea of testing performance, let's examine the political make-up of the City. First, the citywide level and then, later, looking at the districts. In 1990 the voting age portion of the City's population was approximately 77 percent; that is, over three quarters of the population was 18 or over. In 2000, the voting age portion of the population was approximately the same, 78 percent. Overall, 17 percent of the City's population is above the age of 65, which mirrors the percentage of all Floridians 65 and over, but is higher than the percentage of older residents of both the nation, as a whole, and Miami -Dade County. Meaning, quite simply, that as a community, the City of Miami is older than the state or the nation. Black population, of the City, is significantly younger than the other components of the City's population. The voting age component of the black population is 68 percent, 10 points below the voting age portion of the City; while the Hispanic population of the City, by contrast, is significantly older than the other parts of the City's populations. The voting age portion of Hispanic population is 82 percent, 4 percent above the voting age portion of the City, and 14 points above the voting age portion of the black population. I'd now like to turn to a brief analysis of the voter registration in the City. Of the 276,000 persons who are voting age, only 62 percent, or 132,000, are registered to vote in the City of Miami. As we'll discuss in a moment, these voters are not evenly dispersed throughout the five Commission districts. The election of Miami City Commissioners is admittedly nonpartisan. However, in crafting the districts, the Commission can take into account the manner by which the voters are registered. In the City of Miami, as of the 2000 Presidential Election, almost 16 percent of the registered voters were Independent, with the remainder, as you could see by the slide up on the screen, fairly evenly split between Republicans and Democrats. As draft plans are developed, we will be able to provide you with analysis that shows how the City, and each of the proposed districts, performs politically in federal, state, County, and City elections over the past 10 years. But, unfortunately, time today does not permit a presentation that shows how each of the present districts have performed in the past. As Miguel indicated, there's significant differences between the districts, which drive this redistricting process. Districts 1, 2, and 3, as you can see by the diagram up on the screen, all presently have populations that exceed the ideal population. Districts 4 and 5 are under populated. Now, because the total deviation exceeds 10 percent, the City is required to redistribute this population. The most significant issue that the Commission must consider is the depopulation of District 5. District 5 lost 8,826 residents over the last decade. At present, District 5 is almost 13 percent below the ideal population. By itself, it exceeds the 10 percent deviation threshold that Miguel discussed with you. District 2, on the other hand, gained almost 5300 residents in the last 10 years, making it 5.6 percent above the ideal population. Now, all indications that we have, based on present development patterns, is that District 2 will continue to increase in population. At the very least, the redistricting must lower the population deviations. The Commission has a wide variety of choices before it in addressing these population differences. The Three Judge panel in the recent Martinez case emphasized that there is no right districting plan. There are plans, which are illegal, violating the U.S. Constitution, federal law, and legal plans, which respect the law. However, the courts generally deferred to 48 December 12, 2002 the legislative wisdom of an elected body, such as yourself, that chooses from a variety of legal plans. In considering how to deal with these deviation problems, the Commission may want to first consider the demographic and political components of each district. The demographic and political snapshot that I've given you is not reflective of each of these districts. The five bureaus are different in many different ways. As I discussed previously, District 1 is overpopulated. It has almost 3700 people more than the ideal population, or total deviation of 4.85 percent. Hispanics make up the largest share of this district, more than 76 percent of the population; followed by non -Hispanic blacks of 10 percent, and non -Hispanic whites at 7. Sixteen percent of the population of this district is over the age of 65. As you can see, there are almost 60,000 persons of voting age; only 37 percent of them are registered to vote. And of those persons registered, almost half are Republicans, 35 percent are Democrats, and 16 percent are Independents. Almost 72 percent of the registered voters are Hispanics, with blacks and whites having a nearly equal share of 12 percent, respectively. District 2, like District 1, is overpopulated. It has almost 4300 more residents than the ideal population, or a total deviation of 5.6 percent. Hispanics make up the largest share in this district, but are not a majority, with 46 percent, non -Hispanic whites are 30 percent, followed by non -Hispanic blacks at 19 percent. District 2 is the most ethnically diverse district in the City. Thirteen percent of this district is over the age of 65; well below the City's average. There are over 63,000 persons of voting age, but only about half of them are registered to vote. Of those persons registered, a fifth are Independents, almost half are Democrats, and 33 percent of the registrants are Republicans. Of the 44 percent -- over 44 percent of the registered voters are white, 35 percent are Hispanic, and 16 percent are black. Now, District 3, like Districts 1 and 2, is also overpopulated. It has over 2,000 more residents than the ideal population, for a total deviation of 2.7 percent. Hispanics make up the largest share of this district with 87 percent. Non -Hispanic whites are 8 percent, followed by non -Hispanic blacks with only 1 percent. Nineteen percent of the City's population is over the age of 65, well above the City's average. There are almost 59,000 people of voting age, but, again, as we've seen in other districts, only about 35 percent of them are registered to vote. And of those persons registered, 58 percent are Republicans, 25 percent are Democrats, and just over 17 percent of them -- registrants are Independents. Almost 79 percent of the registered voters are Hispanic, 15 percent were white, and just 1 percent were black. District 3 has the largest percentage of registered voters, 65 years and older, with surprisingly 47 percent of all voters in this district having reached retirement age. District 4 is under populated, as we indicated previously. By almost 1800 residents, for a total deviation of 2 and a half percent. It's the most Hispanic district with 89 percent of the population. Non -Hispanic blacks were only 0.3 percent, and non -Hispanic whites were 9 percent of the population. Almost 25 percent of the population is over the age of 65. This district had the oldest percentage of elderly population. District 3 had the largest percentage of elderly registered voters. There are over 58,000 registered -- voting aged persons, and over half of them are registered to vote. And of those persons registered, 63 percent are Republicans, 21 percent are Democrat, 14 percent of the registrants were Independents. While 80 percent of the registered voters are Hispanic, 16 percent were white, and in this district, only 0.4 Percent are black. This district had the second largest percentage of registered voters 65 and older, with 43 percent of the voters having reached that golden age. District 5, as we indicated, is the most under populated district, having 8300 fewer residents in the ideal, for a total deviation of 12.9 percent. This is the most African-American district, with 83 percent of the population. Hispanics were only 10 percent, and non -Hispanic whites were just 3. Only 11 percent of the population of this district is over the age of 65, 49 December 12, 2002 making this the youngest district in the City. There are only 43,000 persons of voting age in this district, and over 60 percent of them are registered to vote, which is the highest registration figure. And of those persons registered, 86 percent are Democrats, 8 percent are Independents, and only 6 percent are Republicans. Over 85 percent of the registered voters in this district are black, four percent were white, and only 7 percent were Hispanic. District 5 had the lowest percentage of registered voters 65 and over, with only 20 percent of the voters having reached that retirement age. Now, I'll be taking a look at the City and the districts that comprise it. The Commission may also want to weigh redistricting principles as it weighs the choices before it. As Miguel indicated to you, the courts over the last two decades has considered numerous challenges to redistricting plans, and although -- through the process the courts have refined a number of factors, those factors include natural and manmade boundaries. But the courts have recognized that rivers, seacoasts, canals, highways, and even streets can form natural and manmade boundaries. In the City of Miami, the Miami River is one of the most striking natural boundaries. The City's also split by two major commuter highways, I-95 and 836. Another factor recognized by the courts is maintaining communities of interest. In a recent reapportion of the State House, coastal areas were recognized as communities of interest, as were urban business cores. Areas of high elderly population were also considered and recognized to be areas of communities of interest. Compactness is a factor that can be considered. The issue is one of, does a district send out amoeba -like tendrils to pick up far-flung neighborhoods, or does it take in a relatively dense area? Another factor is incumbency protection, at least in a limited form of awarding contests between incumbents. Another factor recognized is avoiding voter confusion. Are areas that are part of districts in the past kept together? This last criteria may be significant in an area where the population is both largely elderly and has a large non -English-speaking component. Another factor that can be considered is future growth. In the course of preparing for the redistricting, and the task ahead of us, Miguel and I met with the staff from your Planning Department. We've asked them to give us an overview of the major development projects, which are on-line, for the next five years. And the purpose of this inquiry was to determine the areas of the City likely to grow faster than others, and to account for that projected growth in crafting these districts. It may be possible to slightly under populated high growth districts, and over populated districts that face depopulation, with the end result, the City will likely face a much lower level of deviation after the 2010 Census. Although, no one can guarantee where the City will be in eight years, it is our hope that by making growth a factor that we take into account, there would be a strong likelihood that the total deviation of the plan will still be well under 10 percent after the next Census. Taking growth into account is a non-racial redistricting criteria, which would be supported under the law. The demographic data that we have outlined and traditional redistricting principles will, no doubt, have to be balanced as part of this Commission's deliberative process. As part of this process, we will ask you for some guidance. Now, the Commission can either direct us to toss out the present map and start from scratch, or it can direct us to take the core of present districts, maintain them as much as possible, and only tweak the map to balance out the populations. Either approach would be supported under the law. We would also like to get policy direction from the Commission with regard to public hearings. The Florida legislature, in the process that we went through, held a series of public hearings around the state to get local input. Now, the Three Judge panel in the Martinez case found that these public hearings are not required under the law. It is your sole discretion to decide whether to hold hearings to get input from the residents. And if you desire public hearings, we would ask you for directions on how many hearings you would like to hold, and we 50 December 12, 2002 will work with staff to make sure that those happen. Moreover, we would like to get from the Commission a time line qualifying for the next election in September 2003, and the process of finalizing the new districts needs to be completed well before that. Now, Commissioners, on behalf of Miguel De Grandy and myself, I thank you for giving us this opportunity to meet with you. Both Miguel and I are available to answer any questions that you may have, and look forward to receiving your policy directions. Thank you. Chairman Regalado: Thank you. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Thank you for that presentation. Let me just say that what we are requiring to do here is just basically tune it up. I don't think that we're looking for a major overhaul. Vice Chairman Winton: I can't understand you, Joe. Speak closer. Commissioner Sanchez: Oh. We're basically asking to tune this up. I don't think that we are looking to a major overhaul on this. We realize that there are two districts that are malapportioned on this aspect. Now, we all know that it has to be a clear process, and, you know, it's got to be a crystal clear process because people could always challenge it in court. And although that we have to fall within the requirements and guidelines of the law, there are certain things that we need to take into consideration, and one thing is, that we have to minimize voter's instruction. That's the number one key issue. God knows we don't need anymore of that. Two districts that are malapportioned right now, I believe it's Commissioner Winton's and Commissioner Teele's district. The guidance that you're looking at here is basically to give you guidance, policy guidance, on certain factors. One would be considered the natural boundaries that you're looking at for the districts. The other thing that we need to look at -- and I basically want to get to District 3 because District 3 is the most comprised district of all. If you look at it, it is very comprised. I have the largest elderly population of all the districts, and that is the voters that could easily be, you know, confused just by tweaking a little bit or whatever it may be. So, I'm very concerned on that. Looking at the natural boundaries of District 3, we are comprised from the river, which is a historical, natural boundary, South Miami Avenue, which is another historical boundary, and then, of course, U.S. 1. If you look at District 3, the only abnormality is that little block that was added to District 3, which, as you all know, was the previous Commissioner's residence, and he just wanted to stay there living. But I just want to put on the record that, although -- that I think that two districts need to come within -- in requirement guidelines. I don't want this to be a major overhaul to modify other districts, and bring chaos to the voters, and, of course, disrupt the voters of Miami. So, I just want to put that on the record. If it was up to me, I ask you not to even touch District 3, because basically, there are only two districts that just need to be fine tuned, and it's basically just tweaking it a little bit. Thank you. Mr. Cody: Thank you, Commissioner. Chairman Regalado: Thank you. Commissioner Teele. 51 December 12, 2002 Commissioner Teele: Mr. Chairman, I'm not certain what the attorney instructions are, but let me just say this. District 5 and District 2, in my opinion, should have a public hearing in the two districts -- Mr. Cody: Commissioner, I'm sorry. I can hardly hear you, sir. Commissioner Teele: District 5 and District 2 should have a public hearing in those two districts. I think the comment that Commissioner Sanchez has made is probably going to be the sentiment of the day and, that is, "Don't touch my district unless you really have to." But we want to bring this into conformity with the law. I think having a lot of public hearings when there are no changes sends the wrong signal. So, that was one of the questions. There are two areas that I have a concern about, and I wish to note for the record, that when the district boundaries were drawn, there was no African-American representation on the Commission of the City. And that's not an editorial comment. That's just a statement of the fact. But had there been an African-American on the Commission, I think almost any person would have objected violently to drawing a district down a railroad track. District 5 boundary, as it relates to District 2, is largely -- particularly, let's say from 54th Street -- it's actually a little further than that -- but from 54th Street -- 36th Street all the way up to the City limits. If there is any way we can avoid using a railroad track -- because a railroad track is symbolic of a time that's gone by. And while it may represent a barrier, a manmade barrier, it really reminds people of something that we want to get away from. When I was growing up, you know, the saying was, "The sidewalk ends just on the other side of the railroad track." You know, you -- one side had sidewalks. One side didn't. And, Johnny, I realize, you know, you coming from the Anglo's perspective, you're probably aware of the duality for over 100 years in the country, based upon the railroad tracks. So, the one comment that I want to be on record as saying, is that to the extent that we fully comply with the law, particularly around 54th Street -- because, really, from 36th Street to 54th Street, there is not, to my recollection, one house or one homestead from 36th Street to 54th Street. But from 54th Street to the City limits, which is 81 st or wherever it ends up there, there is a substantial population, much of which is African-American, a lot of which is Anglo, the area Buena Vista, which was here today, is technically west of that area, but there is a lot of changes in the make-up, and obviously a lot of Haitian -Americans. The only other area that I would express some concern about is that when 112 was constructed, State Road 112, as well as 95, it destroyed what was then Liberty City or it cut off a section of what was then Liberty City. Subsequently, after the great society, became known as Model City. And, so, there is a pocket, a large pocket of people -- and I think -- and I want to express my appreciation to Commissioner Gonzalez, who has allowed me to advocate for that area along 30 -- between 36th Street and 112, where we had, for example, the Moore Park issue the other day -- and it's not in my district. It's in your district -- but you allowed me to advocate some substantial infrastructure improvements. But there is a very large population. Again, the issue here is not African-American, because it's a mixed area. The issue here is the historical neighborhoods that were separated by manmade barriers. And I don't know specifically how all of the people feel about that. But I do realize one thing: District 5 and District 2 are slightly out of balance. Overall, the City is in very good shape, substantially less than the County. And I know that we had the same problem in Commissioner Carey's district, District 3, and you had to do the fine-tuning there. You all were involved in that, right, from the County? 52 December 12, 2002 Mr. De Grandy: If we were familiar with that? Commissioner Teele: You all were involved in advising the County? Mr. De Grandy: No, we were not, sir. I was not counsel for the County. We were counsel for the House during that process. Commissioner Teele: You were counsel to the House? Mr. De Grandy: Yes, the House of Representatives. We did maintain current on what the County was doing, but we were not part of their legal team. Commissioner Teele: Well, I -- again, I would think that it's important, to the extent feasible and practicable, that the overlay between District 3 and the County and District 5 and the City, where feasible and practicable, should be given recognition to. And let me tell you why that's important. The County does precincts based upon these various boundaries, and that's why sometimes you can wind up with the precincts that's got 12 people. If you're not sensitive to how the County has drawn the district line, and then how the City draws the comparable line, you can wind up with some little swatches, particularly between the House districts, as well. So, this whole precinct business is very, very important. And, obviously, I just would like to state on the record that I would hope that, as a part of your review, you could work with the City Attorney and the City Clerk, in their ongoing effort to look at precincts. And I realize that's not normally the Charter -- I mean, the mission that you're given. But I do think, while you've got your GIS (Geographic Information System) -- you know, all of your data, you should look with the City Attorney and the City Clerk in precincts. We have a mess as it relates to the precincts in the City of Miami. And precincts work against the elderly. They work against, in some cases, neighborhoods. And it doesn't make a lot of sense. So, in looking at those two things, I really wish you would look also at the location of precincts. But my point is that I would like for you to be mindful of the County Commission districts, and where feasible or practicable, mirror or parallel those areas. Again, as you have stated, the City is in very good shape in terms of the overall process, in terms of the population, with exceptions of District 2 and District 5, where there will have to be some fine-tuning. And I would only ask that you take into account the historical impact of the railroad and of a manmade barrier 112. Mr. De Grandy: OK. Any other input that you'd like to give us? And then, at the end of that, I'd like to summarize what I heard, to make sure that I am traveling based on your instructions. OK. Commissioner -- Mr. Chairman, if you permit me to -- Chairman Regalado: I think that, at least, one Commissioner has requested a public hearing. We need only to establish the date for that. There are certain areas -- Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. 53 December 12, 2002 Commissioner Teele: I think it would be better if the public hearings were held by the consultants. I think -- to the extent that Commissioners that draw the lines are not viewed as guiding the process, I think it -- that's just me speaking. I don't know how my colleagues feel. But I would much rather turn the public hearing over to the City Manager, the City Attorney, the Clerk, and the consultants for the purpose of gathering the public input. Vice Chairman Winton: I agree a hundred percent. Commissioner Teele: Say again. Vice Chairman Winton: I agree completely. Chairman Regalado: OK. Any other direction that you need? You have met with members of the Commission. What is it that you want from the Commission today? Mr. De Grandy: Well, today, Commissioners, I think -- I've gotten, Mr. Chairman, what I need. I'd like to restate that, and then tell you where we plan to go, to see if you're OK with our understanding of your policy direction. My understanding is that rather than hold a multitude of public hearings, the Commission, at this time, sees a need only to hold a hearing that would cover geographically the areas between District 2 and District 5, which will be probably the most affected. So, I would then envision one public hearing, unless you want to have more than one, in those areas. Vice Chairman Winton: I'm not sure that -- because those districts cover long geographical distances, I'm not sure that one public hearing is going to be effective, because I think we do want to give the public an opportunity to speak. And, so, I think -- and I agree that the two principal districts affected will be 2 and 5. So, I think you've got to figure out how you have enough public hearings so that you can get the real public's voice. Mr. De Grandy: OK. Vice Chairman Winton: And I don't know how many that is. I don't know if that's -- I think it's more than two. Mr. De Grandy: Yes. Here are some thoughts. I could look at having -- and what we will have to do in public hearings, Commissioners, so you know, is, number one, identify a public location. There are a lot of objections that can be placed. For example, we need to have a location that's handicap accessible. We need to make sure that there are appropriate interpreters, and all that protocol in place. I may suggest a hearing in the northern part of the City, and a hearing toward the center part of the City, along the boundaries between 2 and 5, if that is acceptable? Note for the Record: At this time, Commissioner Regalado exited the meeting at 11:41 a.m. Vice Chairman Winton: Well, I think that's probably the minimum. I mean, I'm kind of thinking about the geographical boundaries and the facilities that are available that can accommodate that. 54 December 12, 2002 And I think my sense is that you might end up at three public hearings, as opposed to just two public hearings, but maybe not. Mr. De Grandy: Well, let me respond to that, Commissioner, and see if this would satisfy your concern. The process, as we envision it, is a two-step process. The first is obtaining input before we go to the process of actually trying to tweak your plan. You will have, of course, public hearings in City Hall or here, if you haven't had your City Hall ready yet, once we produce a preliminary plan, so that your constituents and you can have input and tell us, you know, "We're not satisfied or we are," and tell us where you need us to go. So there will be an opportunity for public hearing to listen to the concerns regarding what our communities of interest, what areas want to be kept together before we draw, and then a public hearing opportunity when we present a draft plan to you that your constituents can also, if you want, be involved in. So, there will be -- even if we have those two preliminarily, there would be a subsequent opportunity for all citizens of the City of Miami to look at an actual draft and make comment. Vice Chairman Winton: Well, I don't have any experience in this. So, I guess my gut reaction is -- you know, you counted three there because it's in kind of two separate phases, and I'm thinking that -- I'm thinking that it's three at least in phase one -- maybe there's only one for phase 2, but in the information gathering phase, I think that you want to make sure that you get as accessible as you can to the people so that you can get all their voices. And people in this City don't like to travel long distances, and part of the reason, I think, that people are -- more and more people are living in our City is because they're out of the traffic mess of the suburbs. So, they don't like to get in the traffic. And, so, I think part of my sense -- I just would encourage you to make sure that, as you look at this, that you set up the phase one public -- you set up enough phase one public hearings so that you really get the voice of all the constituents that are going to be impacted by this realignment. Mr. De Grandy: I would be happy to do as many as you wish. From what I'm hearing, you would probably feel more comfortable with three, and we will try to disperse them geographically within the City so that they are equally accessible to all citizens. Vice Chairman Winton: I think that's probably right. Mr. De Grandy: Yes, sir. Now, a part -- if I may continue to restate what I have heard from you is, we will have three public hearings at the phase 1, if you will. We will work with your staff to coordinate the location of those three public hearings. I have also heard that the Commission wants to very strongly consider using rational, manmade and natural boundaries, with the caveat, of course, that we should not look to or emphasize boundaries that, in the past, have had an unfortunate connotation of segregation. We also want to preserve the integrity of historical and traditional neighborhoods. I have heard that very strongly from this Commission. We have also, I think, heard very strongly that you want to minimize voter and disruption and confusion, and that the way to do that would be to, as much as possible, maintain the core of existing districts so that voters continue to be familiar with their district area, their neighborhoods, their precincts, and their elected officials. We have also heard that you're interested in seeing plans that looks at the concept that is called "Nesting," if you will of at least District 5 within the boundaries of its respective Commission district so that you have a more rational communication and delivery of 55 December 12, 2002 services between County and City. And you also want us to evaluate precinct locations, and make tweaks and changes where it would make more sense to include old precincts into a district, and things of that nature. Is there anything else that you would like me to consider? Commissioner Sanchez: Just keep it as simple as possible. Mr. De Grandy: OK. Well, Commissioners, I thank you very much for this time. Probably a dissertation on amalgamation of law and statistics is one of the most boring things that could be presented to anyone, but, unfortunately, this process is driven by law and numbers. And, so, we felt that it was relevant to bring this information to you and seek your policy guidance. I thank you very much. As you know, I have met individually with each one of you also to learn about the historical and important communities of interest in your area. I may very well, after the public hearings, seek further input from you individually before I come up with a draft plan. Keep in mind, of course, that since I work for you as a Commission, the decision like we made today, reaching consensus on what you want us to utilize, we will do the same when we bring a draft plan, to seek consensus as to whether that satisfies your concerns and goals, or whether you want further changes. And, with that, Commissioners, I thank you very much for your time. Commissioner Teele: Mr. Chairman, I would so move the instructions to the City Attorney and special counsel, as summarized by special counsel. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second. Do we have any further discussion on the motion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Motion carries. 56 December 12, 2002 The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 02-1290 A MOTION INSTRUCTING THE CITY MANAGER, CITY CLERK AND CITY ATTORNEY TO WORK WITH THE CONSULTANTS ON THE REDISTRICTING ISSUE AND SCHEDULE THREE PUBLIC HEARINGS IN DISTRICTS 2 AND 5 TO OBTAIN INPUT FROM CITY RESIDENTS IN ORDER TO GAIN INFORMATION FOR DRAFTING A PROPOSED REDISTRICTING PLAN; FURTHER DIRECTING THAT SAID PROPOSED BOUNDARIES PRESERVE THE INTEGRITY OF HISTORICAL AND TRADITIONAL NEIGHBORHOODS, KEEPING SOME BOUNDARIES THE SAME SO THAT CITIZENS CAN REMAIN FAMILIAR WITH THEIR CURRENT VOTING DISTRICTS AND PRECINCT LOCATIONS; FURTHER DIRECTING THAT THE CONSULTANTS CONSIDER USING RATIONAL, MAN-MADE AND NATURAL BOUNDARIES WITH THE CAVEAT THAT THEY SHOULD NOT EMPHASIZE BOUNDARIES THAT HAVE HAD AN UNFORTUNATE CONNOTATION OF SEGREGATION IN THE PAST; TO CONSIDER A PLAN THAT LOOKS AT "NESTING' CITY COMMISSION DISTRICT 5 WITH COUNTY COMMISSION DISTRICT 3 FOR PURPOSES OF PROVIDING A MORE RATIONAL COMMUNICATION OF SERVICES BETWEEN COUNTY AND CITY; AND EVALUATE PRECINCT LOCATIONS AND MAKE TWEAKS AND CHANGES WHERE IT WOULD MAKE MORE SENSE TO INCLUDE WHOLE PRECINCT INTO A DISTRICT. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Chairman Winton: Thank you very much for your presentation. Mr. De Grandy: Thank you, Commissioners. 10. DIRECT MANAGER TO WORK WITH REVEREND DR. GILBERT SMITH AND MR. ANTHONY SWAIN TO DETERMINE IF PILOT PARKING GOSPEL OVERLY DISTRICT CAN BE CREATED AND REPORT BACK TO COMMISSION WITH REPORT AND PLAN. 57 December 12, 2002 Vice Chairman Winton: We have 10 minutes. You all want to break, or try to get through the agenda? Commissioner Teele: Mr. Chairman, we have people that are here from this morning. Vice Chairman Winton: Oh. Commissioner Teele: I do know that Vice Chairman Winton: Yeah, let's do some of those. Do we know who they which who are the people Commissioner Teele: Mr. Anthony Swain I see here. He was scheduled for 10:30 and I want to apologize to you and to Dr. Smith. Mr. Swain? Vice Chairman Winton: Please come up. Anthony Swain: Thank you. Good morning. In the absence of my Pastor, Dr. Smith, we thank you all for the tremendous work that you've done, Commissioner Teele, in spearheading and the rest of the Commissioners the cleaning up of 15th Avenue and 65th Street years ago. What you've done was enable a lot of us to go to church without being fired upon by the drug addicts and the drug lords in that area. It has been cleaned up 100 percent. So much so to a point now we're not really spoiled but we thank you for the efforts in cleaning that area up. However, we have a couple of other things that we want to bring to your attention today. We have speeders in that area on a Sunday morning that comes around and have no regard for the small children or the people that's walking across the street of 15th Avenue into the church area. We were hoping that some sort of resolution can be formed or brought before the Board to a point where there would be a speed restriction in that area that would enable us some sort of comfort to reduce the speed, similar to that of the schools in the speed zone in those areas when children are going to school. Second of all, we have a problem with parking. The street is wide and as far as the amount of people that we have in our church it's in excess of 500 members and they have to walk, in many cases, two and sometimes three blocks away to get to church and in that area it's a pretty good distance and we were trying to find avenues for you all to come up with in hopes of alleviating the parking problem that we have. We have some parks in that area that are being utilized, but we had to get away from that area because the parks are for the park purposes, but we were trying to see if there were avenues of which parking facilities can be arranged for us to use in the 15th Avenue area. Well, if the address of the church is 6702 NW 15th Avenue and like I said, we have a parking problem, so much so to a point where people are being paid to park their cars in others yards or along the streets where we may have side swipes and other things issues that's brought before us, so we were trying to request that. Another issue that we would bring up before you is the fact that we have one lot, that we have two buses on and we were asked to pave that lot. If there are any avenues of which we can either alleviate the paving or get some sort of financial restitution to pave that lot then we would do so. The lot is not conducive of large quantities. 58 December 12, 2002 Vice Chairman Winton: Could you come closer to the microphone? The distortion is very bad in here, so the closer you are to the microphone, the easier it is to hear you. Mr. Swain: Ok. Vice Chairman Winton: Thank you. Mr. Swain: We have another problem which we were confronted with. We have a lot. One parking lot, where we have two buses that we normally go and get mostly underprivileged children and people that don't have transportation and we bring them to the church and we also use those buses for taking the kids on field trips and what have you. However, we've been asked to pave that lot and the lot that we have is not large enough to house in access of 15 cars and just like I said, we have in excess of 500 members in our church, so what we are doing is parking along the avenues and the streets and behind buildings and alleyways of which is not safe for many people and all the people that we have are not young people. A lot of them are elderly people. We were looking for some relief in hopes of trying to find avenues to reduce that parking problem that we have in this area. Now, like I said earlier, you all have done tremendous work in assisting with Pastor Bennett and Dr. Gilbert L. Smith, who has absent at this time and I regret because he had other engagement, in cleaning up this area. We were confronted with bullets flying and now you all have done a great job and I commend you all for the effort, along with the City of Miami Police Department in cleaning that area up to make it safe for us to go to church and to worship as we once was doing in times past. The main thing now we're asking for is parking facilities or the assistance in finding some parking facilities for us to utilize in that area. Vice Chairman Winton: And this is for the parishioners of your church? Mr. Swain: Yes, sir. The Apostolic Revival Center was Dr. Gilbert L. Smith is Pastor. Commissioner Teele: Mr. Chairman? Vice Chairman Winton: Commissioner Teele? Commissioner Teele: Mr. Chairman, first let me express my appreciation to Dr. Smith and the members of the congregation. Mr. Chairman, this is an area that you may recall the U.S. Attorney came in and basically working with the Miami -Dade Police City of Miami Police Department and with Miami -Dade basically came in and did a series of remedial enforcement actions and it's a very difficult area, 15th Avenue, and it has been reclaimed and I think Mr. Swain has given appropriate recognition to the Miami NET office and police department and the community. The anchor of that community, however, of that section of the road, however, has been a church and while there are a number of institutions and businesses in that area, including I guess, the double "A," triple "C," and Mr. Swain: Yes sir. 59 December 12, 2002 Commissioner Teele: You all have probably bought at least four, five or six parcels in the surrounding area. Isn't that right? Mr. Swain: Yes sir. Commissioner Teele: So this is a problem that continues to come up. I list it on my blue pages after thinking about this and really, after looking at the pictures, the way the City of Miami used to deal with this and the way the City of New York is dealing with it, believe it or not and by the way, New York seems to be doing some progressive things with some exceptions, maybe. Vice Chairman Winton: Commissioner Teele, again it's only because could you move your hand away so I'm kind of listening and reading your lips. Commissioner Teele: The way this was handled in the past in Miami, was that the City actually allowed on Sundays for double parking and in New York it's being done now. In other words, there is sort of an overlay district on certain streets. Speed zones change on Sundays, and you've got to be careful after talking to some officials in New York, not to call it a religious overlay. Gospel has been the word that a lot of people have gotten away with and I've walked the area, I've talked to Commissioner Rolle. There are a number of county parks in there that are not being utilized, but it's not practical to request it for the purpose of annexing it for the purpose of doing this, so what I wanted to do and my blue page is Item 8 and Ms. Gelabert, is the Planning Director around? was to see if we could, first of all, go get the pictures in the Manager's office of 3rd Avenue and look at how we used to allow people to park on 3rd Avenue because there's a pictorial example of what we're talking about apparently in the early 1900's, the 30's and to see if we can create working as a pilot project with these fine people a palet overlay district that would be in effect only on Sundays, maybe a limited time from like 9 to 2 or something like that, time zone change. I mean, you know, at some point we can't build parking lots for everybody, and at some point we've got to deal with the people who are really stabilized in the neighborhoods, and with all due respect, in many areas the historically black churches in the community that I'm pretty pleased to represent provide a lot of the moral and the social and even recreational outlets and so, I had mentioned to Mr. Swain and to Dr. Smith that if that would be acceptable to them that we would ask the Planning Director to look at this and determine whether or not this could begin to be a solution that could be adopted and replicated in certain areas. Fifteenth Avenue is going to be a good model because it's probably the widest street in my district. I don't know of another street that's as wide as 15th Avenue is, and it may not lend itself everywhere, but certainly 3rd Avenue it would lend itself. So Vice Chairman Winton: So would you like to offer that up as a resolution? Commissioner Teele: I would so move item number, I think it's eight? Vice Chairman Winton: Commissioner Sanchez? Commissioner Teele: of my blue pages, authorizing the City Manager to work with Dr. Smith and Mr. Swain to determine whether or not a pilot 60 December 12, 2002 Vice Chairman Winton: Parking overlay Commissioner Teele: gospel parking overlay could be created and if so, to come back within 60 days. Is that fair? Ana Gelabert (Director, Planning Department): Yes, that will be good. Commissioner Teele: Sixty days with a report and a plan. Vice Chairman Winton: We have a motion and a second. Commissioner Sanchez: Second. Vice Chairman Winton: Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Motion carries. Thank you sir. Commissioner Teele: Thank you, and give our regards to Dr. Smith. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-1291 A MOTION DIRECTING THE CITY MANAGER TO WORK WITH REVEREND DR. GILBERT SMITH AND MR. ANTHONY SWAIN TO DETERMINE IF A PILOT PARKING GOSPEL OVERLY DISTRICT CAN BE CREATED, WHICH WOULD BE IN EFFECT ONLY ON SUNDAYS AND DURING CERTAIN TIME RESTRICTIONS, AND REPORT BACK TO THE COMMISSION IN 60 DAYS WITH A REPORT AND A PLAN. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Angel Gonzalez 61 December 12, 2002 11. AUTHORIZE MANAGER TO REIMBURSE METROPOLITAN MIAMI FLOWER SHOP, INC. FOR PARKING FEES CHARGED BY COCONUT GROVE EXPO CENTER FOR EVENT HELD ON APRIL 6-7,2002. Vice Chairman Winton: We're going to take up at least two other items before the break, and it's Items five and seven. They're both personal appearances. Commissioner Teele: You have Mrs. Jude. Commissioner Sanchez: Miss Jude. Vice Chairman Winton: Yes, I think she's five. Commissioner Sanchez: She's five. Vice Chairman Winton: So, Sallye. Sallye Jude: Yes. I didn't know whether you had any questions about this or not, but the Metropolitan Miami Flower Show and the garden clubs have served this community very well in Simpson Park and other areas and our request was for relief of parking fees for one day. Commissioner Sanchez: Mr. Chairman? Vice Chairman Winton: Yes sir. Commissioner Sanchez: So move for the reimbursement of the parking fees charged by the Coconut Grove Convention Center Commissioner Teele: Second. Commissioner Sanchez: on April 6th and 7th. The administration has recommended approval. So move. Vice Chairman Winton: We have a motion and a second. Do we have any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Motion carries. 62 December 12, 2002 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-1292 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE REIMBURSEMENT OF PARKING FEES CHARGED TO METROPOLITAN MIAMI FLOWER SHOP, INC. BY THE COCONUT GROVE EXPO CENTER FOR AN EVENT HELD ON APRIL 6-7,2002. (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: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Sanchez: Thank you, Miss Jude. Ms. Jude: Thank you. Vice Chairman Winton: Thank you. 12. AUTHORIZE MANAGER TO GRANT IN-KIND SERVICES, APPLICABLE FEE WAIVERS AND APPROVAL FOR ALCOHOLIC BEVERAGES FOR COCONUT GROVE ARTS FESTIVAL, WHICH WILL BE HELD ON FEBRUARY 15-17,2003. Vice Chairman Winton: Number seven is is it seven? Yes. Coconut Grove Arts Festival. So, Carol. Carol Romine: Good morning. Once again I want to thank you for all that you've done for us in the past Washington Mutual Coconut Grove Arts Festival. It's the 40th Anniversary this year and Vice Chairman Winton: Oh, I'm sorry. I'm a terrible Chairman so far. I keep failing this. We need your name and address for the record please. Ms. Romine: Sorry. Carol Romine, 3427 Main Highway. 63 December 12, 2002 Vice Chairman Winton: And Commissioner Ms. Romine: Coconut Grove. Vice Chairman Winton: Commissioner Sanchez, could you Chair? Ms. Romine: Washington Mutual Commissioner Sanchez: You may be recognized. Ms. Romine: Coconut Grove Arts Festival. As I said before, thank you for all you've done for us in the past. This year is the 40th anniversary of the festival, and as you are aware, we impact the community with a $40,000,000 economic impact. We hope that we'll repeat that for you again this year, but I'm here today to request the in-kind services of the past fee waivers and, of course, the sale of the alcoholic beverages and the approval of that. Commissioner Sanchez: Commissioner Ms. Romine: Hopefully that'll all happen again. Commissioner Sanchez: Do you have the dates already? Ms. Romine: Sorry? Commissioner Sanchez: Do you have the dates already? Ms. Romine: Yes. February 15-17. It's always over a President's Day holiday. Commissioner Sanchez: Commissioner Winton, you're recognized. Vice Chairman Winton: Yes, I am. So move. Commissioner Sanchez: There is a Vice Chairman Winton: Yes. Commissioner Sanchez: motion, is there a second? Vice Chairman Winton: You have conditions in there don't you? I mean, Mr. Manager? Commissioner Sanchez: With conditions? Vice Chairman Winton: Yeah. What are they? Alejandro Vilarello (City Attorney): You're moving the manager's recommended conditions, right? 64 December 12, 2002 Vice Chairman Winton: That's correct. Commissioner Sanchez: So there's a motion to approve with conditions. Could you state the conditions for the record? Vice Chairman Winton: It's part Ok. It's in the resolution on the agenda. Commissioner Sanchez: It's in the resolution? Ms. Romine: Ok. Commissioner Sanchez: There's a motion there's a second? Commissioner Gonzalez: Second. Commissioner Sanchez: Second by Commissioner Teele. Open for discussion Commissioner Teele: Mr. Chairman? Commissioner Sanchez: Sir? Mr. Teele? Commissioner Teele: I would just like to add into the record that in the Consent Agenda this morning we did approve the Martin Luther King, Three Kings Parade, and Ferrah Juste activity, so I want this to have a little bit of balance as the public sees this. Ms. Romine: Ok. Commissioner Sanchez: All right. No further discussions? All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposed? You have the same right, say "nay." Motion carries. Congratulations. We'll see you. 65 December 12, 2002 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION 02-1293 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE 40" ANNUAL WASHINGTON MUTUAL COCONUT GROVE ARTS FESTIVAL, CONDUCTED BY THE COCONUT GROVE ASSOCIATION, INC., HELD ON FEBRUARY 15-17, 2003; AUTHORIZING THE CITY MANAGER TO ISSUE A THREE-DAY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT IN THE AREA OF McFARLANE ROAD FROM SOUTH BAYSHORE DRIVE TO MAIN HIGHWAY AND SOUTH BAYSHORE DRIVE FROM McFARLANE ROAD TO MAIN HIGHWAY, INCLUDING ALL STREETS, AVENUES, ALLEYS, WAYS AND THOROUGHFARES WHICH INTERSECT SAID AREAS IN COCONUT GROVE, MIAMI, FLORIDA; AUTHORIZING THE WAIVER OF ADMINISTRATIVE IN-KIND SERVICES AND OF ALL EQUIPMENT RENTAL AND PERMIT FEES PERMITTED BY LAW; FURTHER AUTHORIZING THE WAIVER OF THE COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USE FEE, IN THE AMOUNT OF $10,000.00; SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED TO A TEMPORARY PERMIT TO SELL ALCOHOLIC BEVERAGES BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, PURSUANT TO SECTION 54-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, INCLUDING BUT NOT LIMITED TO LIQUOR LIABILITY, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; (4) INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY PURCHASE ALCOHOLIC BEVERAGES; (5) ADVISING ALL ADJACENT BUSINESSES, PROPERTY OWNERS, AND RESIDENTS OF STREET CLOSURES ASSOCIATED WITH SAID EVENT; AND (6) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. 66 December 12, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: ABSENT Ms. Romine: Thank you so much None. Chairman Tomas Regalado Commissioner Sanchez: The Coconut Grove Ms. Romine: once again. Commissioner Sanchez: Arts Festival. 13. AMEND RESOLUTION NO. 02-1294 TO INCLUDE BRENTWOOD VILLAGE PROJECT AS DISTRICT 5 QUALITY OF LIFE IMPROVEMENT PROJECT AUTHORIZED AND APPROVED TO BE FUNDED FROM HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS. Vice Chairman Winton: Ok. Mr. I mean, fellow Commissioners, would you all like to continue on? Commissioner Teele: We have a 1 o'clock, so we don't Vice Chairman Winton: Don't we have a do we have a Commissioner Teele: We've got a 1 o'clock at City Hall. So Vice Chairman Winton: City Hall's at one, ok? Commissioner Teele: Mr. Chairman, I would like to bring up Item E on my blue pages, end it there Vice Chairman Winton: Item E on your, please Commissioner Teele: And Mr. Manager, would you just explain what we're doing and read it into the record for us? That's the in a previous meeting we got the developer to agree to work with us in the context of providing on a voluntary basis the opportunity for fair housing, open 67 December 12, 2002 housing, etc. and this carries forth on the City portion of the agreement regarding the landscaping, the paving of the roads and other activities that are designed for that it's actually about a three -block area, and it's a resolution to include Brentwood Village project as a part of the quality of life and approval from the defense Neighborhood Improvement Bond Fund. So move. Vice Chairman Winton: Commissioner Teele, I'm sorry. I couldn't tell me again what you're I couldn't hear. Carlos Gimenez (City Manager): Commissioner, this deals with the Brentwood project where the developer has Vice Chairman Winton: Right, and Commissioner Teele wants to use Mr. Gimenez: He wants to use Vice Chairman Winton: his quality Mr. Gimenez: his quality of life to - Vice Chairman Winton: Second the motion. Mr. Gimenez: enhance the infrastructure in the area. Vice Chairman Winton: Got it. Mr. Gimenez: It's close to $1,000,000. Vice Chairman Winton: I second the motion. Commissioner Sanchez: Mr. Chair Vice Chairman Winton: Oh, I can't second it. I'm the Chairman, sorry. Commissioner Sanchez: I'll second it. Mr. Chairman, I'd like to make an amendment to Commissioner Teele. Mr. Chairman, I would like to amend resolution presented by Commissioner Teele to move $2,000,000 Vice Chairman Winton: I can't hear you. Commissioner Sanchez: I would like to amend Commissioner Teele's resolution which basically does the same thing with my quality of life money that I have, which is $5,000,000, that have not been allocated. But I would like to move $2,000,000 of the $28,000,000 in unallocated funds from the Homeland Defense Neighborhood Improvement Bond to the District 3 Quality of Life Funds, especially to be used for the Cuban Memorial Boulevard Linear Park. All this does, I have all the Commissioners would have $5,000,000 of quality of life. Mine have not been 68 December 12, 2002 allocated. Commissioner Teele's has been allocated. All that I'm taking two of my million and specifically those $2,000,000 are going to go for that project. Commissioner Teele: What Vice Chairman Winton: But I thought you said in the unallocated $28,000,000. Commissioner Teele: I accept the amendment. What district were you, Commissioner? Commissioner Sanchez: Three. Commissioner Teele: Well, let's do this, because one of the things that we had as a discussion, because I tell you, we're going to get ourselves in some confusion. I'm looking at the CDBG (Community Development Block Grant) process, and I really want to ask for some outside auditors to come in and help me try to figure out what's going on. But on District 2 so what you would be doing is amending Commissioner Sanchez: District 3. Commissioner Teele: you're District 3? Commissioner Sanchez: Yes, sir. Commissioner Teele: Where you have District 3, becomes 23-C. District 3 Quality of Life, which currently has $5,000,000. Commissioner Sanchez: Yes, sir. Commissioner Teele: You would be amending to add a District C-1 entitled what? Commissioner Sanchez: Entitled the Cuban Memorial Boulevard Linear Park. Commissioner Teele: Entitled the Cuban, as stated, earmark your $2,000,000 of the $5,000,000. Commissioner Sanchez: Yes, sir, that is correct. Commissioner Teele: And I accept that as an amendment. But it needs to be typed up so that we can keep this thing on track. Vice Chairman Winton: Ok. We have a motion and a second. Do we have further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Motion carries. 69 December 12, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-1294 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND APPROVING CERTAIN PROJECTS TO BE FUNDED FROM HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS. (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 Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Teele: Mr. Chairman? Vice Chairman Winton: Yes, sir. Commissioner Teele: The developer I think wants to Vice Chairman Winton: I'm sorry? Oh. I did not hear you, Commissioner Teele. Fred Balsera: Good morning, Mr. Chairman, Commissioners, Mr. Manager. We just wanted to give a couple of words of appreciation to the City Commission, to the Manager, specifically and to Commissioner Teele specifically, for their dedication and their commitment to redeveloping this part of Miami and really the developers Stuart Podolsky would like to say a couple of words personally. He came down this morning from New York to thank you all for your commitment to this project and to the renaissance of Miami. Priscilla Thompson (City Clerk): Excuse me Chairman. Could you get the names for the record please. Vice Chairman Winton: Oh, I did it again. You know, you'd think of these days I'd figure out I've only been here three years, I've listened to everybody for three years and you'd think I'd get it figured out, but I think I'm a little slow. We need your name and address please. 70 December 12, 2002 Ms. Balsera: My name is Fred Balsera. Address is 3663 S.W. 8th Street, Miami, 33135. Vice Chairman Winton: Thank you. Commissioner Teele: I need to correct the record for a scrivener. Item E is the laundry list of all of the projects and this resolution, which was supposed to have been E-1 never made it on to the blue pages. But it's the resolution as prepared by the manager and recommended by the Public Works Department. Vice Chairman Winton: And I have a copy of the resolution, so. Commissioner Teele: And I really would like to have some discussion about this whole E, because I think the point that Commissioner Sanchez just made and the point that Commissioner Gonzalez made previously on questioning, you know, the Moore Park, we really need to get a good system of numbering these projects and make the amendments based upon a numbering system so that everybody can follow what we're doing, especially the City staff. Vice Chairman Winton: Right. Good idea. Mr. Manager? Carlos Gimenez (City Manager): Yes, sir? Vice Chairman Winton: Ok. Yes, sir. Name and address please. Stuart Podolsky: Stuart Podolsky, 5364 NE 3rd Avenue, Miami, Florida. Morning Commissioners. I just wanted to take a couple of moments to thank you all for all the work you've done to expedite this process. Being a New York developer I really want to commend all of the Commissioners for the hard work that they've done to see that this got done as fast as it could, especially I'd like to thank the City Manager, Arthur Teele, the rest of the City Commissioners and the Mayor as well. With this, I guess, bond issue and commitment Brentwood Village we're going to hope will become a model project for the City of Miami and for maybe all other cities throughout Florida to continue. Thank you once again. Vice Chairman Winton: Thank you. Now would you all like to the question is, do you all want to break for lunch now? We have actually I have two things during the break, so not only the 1 o'clock but I have another meeting as well, so I think I would rather break now so I can have lunch and then I'll probably be from 1 o'clock on be doing other stuff, so, as opposed to going on with the agenda. Commissioner Sanchez: Johnny, I can't hear a word you're saying. Vice Chairman Winton: Oh. I said that my preference would be to break now because we have to be at City Hall at one. Commissioner Sanchez: Yes, sir. 71 December 12, 2002 Vice Chairman Winton: We need to have lunch and then I've got a thing after the City Hall event so my preference is to break for lunch now. Commissioner Sanchez: And I happen to agree with you. Commissioner Gonzalez: Mr. Chairman, before we leave, maybe between now and 3 o'clock there is a way that they can do something to improve the sound? Because this is terrible. I mean Vice Chairman Winton: Yeah. I would hope Commissioner Gonzalez: People are talking and, at least myself. I can't hear what they're saying. Vice Chairman Winton: Nor can I. Commissioner Gonzalez: I'm totally confused. I don't know what he's saying. I don't know what they're saying at that end and to be here without knowing what's going on I better go home, you know Vice Chairman Winton: No, I agree with the sound. Commissioner Gonzalez: and take the day off. 14. AUTHORIZE MANAGER TO GRANT $5,000 TO 2003 MIAMI FILM & VIDEO FESTIVAL TO SUPPORT AND MARKET CITY IN SAID FESTIVAL. Vice Chairman Winton: Excuse me. We have one more personal appearance that's here. What item is this, 7-A? Do you all mind hearing one more personal appearance before we leave? Ok. Mr. Jack Wolfe, is he here? Mr. Wolfe? Jack Wolfe: Right here. Vice Chairman Winton: Name and address please. Mr. Wolfe: Jack Wolfe, 492 NE 57 Street, is my address. Last January in the City of Miami's Upper Eastside a wonderful thing happened. It was the first annual Made in Miami Film and Video Festival at the Mercury Theatre at 55th Street Station at an adjacent outdoor 250 -seat cinema under the stars built from scratch, especially for the festival. Fifty screenings of Made In Miami feature films, short films, as well as works in television took place over a period of seven days and nights. Actor Stephen Baldwin attended and co -hosted the event as part of the screening of an action film he made here in Miami called "Cut Away, " which was also partially co-produced in Miami. Also in January, 2002 Made in Miami presented a mentor day where 300 Miami -Dade high school students enrolled in the school's Art Tech program, which is for Arts Related technology for entertainment careers, spent a day in the life with 30 top film and television producers and directors. The daylong event took place at the auditorium of Miami - 72 December 12, 2002 Dade Community College North Campus and will continue as part of the 2003 festival. When the festival had wrapped in 2002, more than 7,000 people had been drawn to the unique festival, which is the only festival in existence that has, as its theme, to spotlight works that have utilized specific film and television production destination. The 2003 Made In Miami Film and Video Festival this January 10-19 expands to 10 days of screenings, receptions and educational outreach events celebrating works of film and television made in Miami more than 60 works in all. Among the films premiering is the last film legend James Coburn acted in before he passed away last month. The film is called "American Gun" and has utilized Miami locations in its principle photography earlier this year. Director Allan Jacobs, Virginia Madsen who also started in the film, as well as representatives from Sony Pictures will be attending the premier of the film at the Made in Miami Film and Video Festival. Hopefully all of you will be there too. Other premiers include an "Average Joe", directed by John Taskier; "Chat" directed by Robert Scione; "Hunting for Herschel", directed by Robert Hooker, and "Estares", co -directed by Pablo Alsina and Maximiliano Vera, as well as many more. Screens of television works will showcase TV pilots and special guest presenters of such Made in Miami TV pilots as the telenovela "Ocean Avenue", the CBS hit series "CSI Miami", and "Father Lefty", as well as foreign programming produced by our neighboring TV networks overseas. The 2003 Made in Miami Film and Video Festival will take place at the Tower Theatre on S.W. 8th Street, Calle Ocho, in Miami. The Tower Theatre is a beautifully restored 1926 gem. It's a perfect complement venue to this one of a kind festival. The film and television production companies, which City officials as well as the business community would like to keep bringing back to Miami for a front camera and/or behind the camera business are truly excited, not only about the screenings, but the whole flavor of Calle Ocho; the food, the art, seeing the making of a fine cigar. We are even working with some of the local experts to plan a Calle Ocho style day at the park during the festival week for our highlighted directors and producers. But it's a one of a kind park for this one of a kind festival. Domino Park. The afternoon of Friday, January 17 directors and producers screening works at the festival who are literally from all over the world will learn how to play Dominos. One of them, if he or she is a quick study, will win a free day of production in Miami, with camera equipment and lighting packages, as well as a half a day of post -production at Miami Cinaworks Digital Studios. The 2003 Made In Miami is set to be a sure hit, drawing international producers and directors, as well as stars like David Caruso, Oscar Torres, Ice Cube, Tony Pecheco, Virginia Madsen and many more, the magic City of Miami, and that's what Made In Miami is all about. The Made in Miami Film and Video Festival in its first year delivered to the City of Miami as a production and post -production destination to hundreds of producers and directors from all points of the globe. In 2003 we will deliver the message again, bigger and brighter The Calle Ocho. However, this year we need the City of Miami's help. Our budget for the 2003 Made in Miami is at a $15,000 shortfall. The festival is less than a month away. We ask that the Commission adopt a resolution to provide the 501C3 non-profit Made in Miami Film and Video Festival a grant in the amount of $15,000 in support the festival at its mission to market the City of Miami as a film, a television production destination for this year and many years to come. We understand the budget's tight, the City is budget conscious, however, this assistance is a wise and rewarding investment in the economic future of Miami as a film and television production and post -production destination. Vice Chairman Winton: Mr. Wolfe? 73 December 12, 2002 Mr. Wolfe: National television news coverage will Vice Chairman Winton: Mr. Wolfe? Mr. Wolfe: Yeah. Vice Chairman Winton: Because we're running out of time, we have to have lunch and we have to go to City Hall by one, so I'd like to hear from Robert Parente who's representing the Mayor's office on this issue. Robert Parente: Thank you Commissioner. Robert Parente, Director of the Mayor's office of Film and Arts Entertainment. Simply put, Mr. Wolfe put on an incredible festival last year using the Mercury Theatre and the Soyka Restaurant complex. He did it entirely on his own dime. He had no support. He managed four, five days of his festival to bring 7,000 people to the festival. It does not compete at all with the Miami International Film Festival because Mr. Wolfe's festival is about product made or edited in Miami and additionally in further discussions with him to expand the festival beyond just the one event, so it becomes the place where all film makers, crew, anybody associated with the film industry of Miami will look to Made In Miami or Made By Miamians, the way we might expand it, as a place to call home for the film industry. We are recommending a $5,000 grant to Mr. Wolfe at this time, because we feel that his festival has incredible potential to grow and that's the request that we'd like to make. Vice Chairman Winton: So they're asking for 15, and you all are recommending five. Mr. Parente: That's correct. Vice Chairman Winton: Ok. Mr. Parente: Because, you know, there's a limited amount of money. There's a lot of need out there. We'd love to be able to give him 15, but we don't feel that we have the budget at this time to recommend the full allocation. Commissioner Sanchez: Mr. Chairman, so move the $5,000 grant. Vice Chairman Winton: We have a motion. Commissioner Gonzalez: Second. Vice Chairman Winton: Have a motion and a second. Do we have further discussion on this issue? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. 74 December 12, 2002 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-1295 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A GRANT OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO THE 2003 MIAMI FILM & VIDEO FESTIVAL AS THE CITY'S SUPPORT OF, AND TO MARKET THE CITY'S PARTICIPATION IN, SAID FESTIVAL; ALLOCATING FUNDS FROM THE SPECIAL EVENTS ACCOUNT FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENT(S) NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Gonzalez: Mr. Chairman, before Vice Chairman Winton: Yes, sir. Commissioner Gonzalez: we leave, I would like Vice Chairman Winton: On a different subject or this subject? Ok. Mr. Wolfe, thank you very much. Mr. Wolfe: Thank you, sir. Vice Chairman Winton: Sorry we couldn't bring you the 15, but come back next year. Mr. Wolfe: Ok. Vice Chairman Winton: And good luck. Thank you. 75 December 12, 2002 15. AUTHORIZE MANAGER TO EXECUTE HIGHWAY STORM WATER PUMP STATION, LANDSCAPING AND IRRIGATION MAINTENANCE AGREEMENT BETWEEN CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR MAINTENANCE BY CITY OF MIAMI OF HIGHWAY STORM WATER PUMP STATION, LANDSCAPING AND IRRIGATION SYSTEM IN RIGHT-OF-WAY OF NORTHWEST 14 STREET FROM NORTHWEST 42 COURT TO NORTHWEST 34 AVENUE AND ON NORTHWEST 37 AVENUE FROM SR -836 EASTBOUND ON RAMP TO NORTH OF NORTHWEST 14 STREET. Vice Chairman Winton: Yes, sir. Commissioner Gonzalez: Mr. Chairman, I have an item here which is an emergency. The Department of Transportation is waiting on a resolution from the City of Miami in order to start building a project, which is the rebuilding of 14th Street between 37th Avenue and 42nd Avenue. I've been working on this project for a year. Everything is ready. They're ready to proceed. They're ready to start. But we have a problem. We're going to be installing four stations there for drainage. Vice Chairman Winton: A what? Read the resolution. I'll probably understand it. Commissioner Gonzalez: Ok. Four pump stations. These stations need to be maintained, ok, and the issue that we have on the holding the project, the DOT's (Department of Transportation) putting in over $3,000,000 to rebuild the street in the city. Vice Chairman Winton: Do you have copies of that resolution? Other copies? Could we get a copy of the resolution? Is that the only one? Ok, fine. Go ahead and read it and Commissioner Gonzalez: Ok. Vice Chairman Winton: I'll look over your shoulder. Commissioner Gonzalez: The resolution says (reads title of resolution into the record). So move. Vice Chairman Winton: We have a motion on the floor. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second. Discussion? I would like to and by the way I'm in favor of this motion but as a matter of here's one of the things I'm beginning to notice from Florida Department of Transportation. Every time we do something with their roads that they're responsible for, more and more and more it seems to me that they're pushing for long-term maintenance of whatever that is, off onto municipalities, which I think is fundamentally b.s. and wrong, and so I think from a policy standpoint I would like you, Mr. Manager, to direct your staff to do a little research in this regard and understand what's really going on. Because there's huge long-term implications for us every time we do something like 76 December 12, 2002 this. The capital cost is nothing compared to long-term maintenance costs. I mean, so they're taking the little pieces and spending money and making us feel good, and dumping the real costs on our shoulders and we're actually paying the money that allows them to do all of this and they get to keep all that money in terms of gasoline taxes that come out of our community, or toll road fees that come out of our community and they don't give it back to us but they do give us long- term maintenance costs, so and I'm beginning to see this pattern and it's bothering me, so could you all do a little bit of research and figure out what's going on here and Carlos Gimenez (City Manager): Yes, sir. Vice Chairman Winton: bring something? Thank you. Commissioner Gonzalez: Johnny, may I I tend to disagree with you a little bit on that. Let me tell you, that street, 14th Street specifically between 37th Avenue and 42nd Avenue is connected to the Miami International Airport, ok? Those streets, on the intermodal, those streets have been in total chaos for the last 20 years. I addressed the issue with Jose Abreu and Abreu told me we can't take care of it. There's two ways to take care of it, ok? On top of that, we have flooding problems on the entire neighborhood. He told me we can do two things. I can do two things. I could repave the streets, leave them look beautiful. I could do a complete rebuilding of the streets with sidewalks, lighting, landscaping, the whole nine yards and at the same time, I could help you solve the flooding situation by installing these pumps, so at the same time, so you know where I'm comi% from. At the same time I started working with the City to start working from 27th Avenue to 37t Avenue to do a complete project, ok? The city's, I don't know, maybe a quarter of the way to doing our thing. The Department of Transportation is ready to start building next month. I mean, they could have gone with just repaving, you know, drawing lines and say it looks beautiful. Commissioner, this is all I can do for you. Vice Chairman Winton: Yeah, and I understand completely. Commissioner Gonzalez: So, they went the extra mile. Vice Chairman Winton: We have to pass the resolution, no question, but for the long-term policy standpoint, and by the way, just so the record's clear, I'm not directing this criticism at the South Florida district of FDOT (Florida Department of Transportation), because I think they do a really good job helping us all the time. I mean, I really like their staff and their group of people. This is a state you know, this is the big bosses up in Tallahassee kind of deal going on that's trying to rip off municipality. Well, maybe not. I'll take that back, because we haven't looked at the, you know, it may be just an impression I've gathered and it may not be founded in fact and that's what we want to find out, so I take that back. Anyhow, we have a motion and a second. Further discussion? Commissioner Gonzalez: We need to vote. Vice Chairman Winton: Oh we lost our Joe? Commissioner Gonzalez: Joe's here. 77 December 12, 2002 Vice Chairman Winton: Oh he's right here. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION 02-1296 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A HIGHWAY STORM WATER PUMP STATION, LANDSCAPING AND IRRIGATION MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE MAINTENANCE BY THE CITY OF MIAMI OF A HIGHWAY STORM WATER PUMP STATION, LANDSCAPING AND IRRIGATION SYSTEM IN THE RIGHT- OF-WAY OF NORTHWEST 14 STREET FROM NORTHWEST 42 COURT TO NORTHWEST 34 AVENUE AND ON NORTHWEST 37 AVENUE FROM SR -836 EASTBOUND ON RAMP TO THE NORTH OF NORTHWEST 14 STREET IN THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. (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 Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Tomas Regalado Vice Chairman Winton: We will do what? Adjourn? I mean, no, recess till 3 o'clock. Thank you. 78 December 12, 2002 THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:22 PM AND RECONVENED AT 3:15 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE, WHO RETURNED AT 3:44 PM. 16. CONTINUE CONSIDERATION OF PROPOSED CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE OF PUBLIC RIGHT-OF-WAY PORTION OF ALLEY BETWEEN NE 2ND AVENUE AND BISCAYNE BOULEVARD NORTH OF NE 20TH TERRACE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003. Chairman Regalado: We have a quorum and we are going to do some housecleaning items. I think we have a deferral on the PZ (planning & zoning), so we might as well get it out of the way, and it's a request for a deferral. Tucker? Tucker Gibbs: Let me find it in the agenda. Pardon me? PZ -8. My name is Tucker Gibbs and I'd like to -- actually, Steve, you can ask for a deferral. It's yours. Steve Helfman: PZ -9, Mr. Chairman, would like a deferral to your first zoning meeting in January. Chairman Regalado: OK. We -- Priscilla A. Thompson (City Clerk): Chairman, we need a name of the speaker, the last speaker after Mr. -- Chairman Regalado: We need your full name and address for the record. Mr. Helfman: Steve Helfman, 2665 South Bayshore, on behalf of the applicant. Chairman Regalado: Do you want this on the first meeting or the second meeting in January? Mr. Helfman: The first zoning meeting. Chairman Regalado: The first zoning meeting will be the second meeting -- Mr. Helfman: That's fine. Thank you. Chairman Regalado: -- in January. Mr. Helfman: The second meeting. Chairman Regalado: That's the 23rd. Mr. Helfman: Thank you. 79 December 12, 2002 Vice Chairman Winton: So move. Chairman Regalado: OK. We have a motion -- Commissioner Gonzalez: Second. Chairman Regalado: -- and a second to continue this item for the January 23rd zoning meeting. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-1297 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE OF A PUBLIC RIGHT-OF-WAY PORTION OF AN ALLEY BETWEEN NE 2ND AVENUE AND BISCAYNE BOULEVARD NORTH OF NE 20TH TERRACE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 17. DEFER CONSIDERATION OF CLASS II SPECIAL PERMIT APPLICATION NO. 02- 0072, FOR GRAPHIC MURAL SIGN ON 200 SOUTHEAST 1sT STREET. Chairman Regalado: Any other -- thank you. Any other -- Oh, Vicky. Vicky Garcia -Toledo: Mr. Chairman, Vicky Garcia -Toledo, with offices at First Union Financial Center. Item 2, we'd like to continue indefinite -- for an indefinite period of time, and the applicant will be responsible for paying the renoticing when this matter is brought back for a public hearing. 80 December 12, 2002 Chairman Regalado: PZ -2, you said. Ms. Garcia -Toledo: Yes. Chairman Regalado: OK. Do we have a motion? Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. All in favor -- so, you don't want any dates? Ms. Garcia -Toledo: No date. Chairman Regalado: OK, OK. All in favor, say "aye." The Commission (Collectively): Aye. Ms. Garcia -Toledo: Thank you. Chairman Regalado: Another item has been deferred. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-1298 A MOTION TO DEFER CONSIDERATION OF CLASS II SPECIAL PERMIT APPLICATION NO. 02-0072, FOR A GRAPHIC MURAL SIGN ON APPROXIMATELY 200 SOUTHEAST 1sT STREET. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 81 December 12, 2002 18. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003 CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "CONSERVATION" TO "RECREATION" AND PROPOSED FIRST READING ORDINANCE TO AMEND PAGE NO. 25 OF ZONING ATLAS OF ORDINANCE 11000, BY CHANGING ZONING CLASSIFICATION FROM (CS) "CONSERVATION" TO (PR) "PARKS AND RECREATION" AT SOUTHEAST PORTION OF SEWELL PARK. Lourdes Slazyk (Assistant Director, Planning & Zoning): We would also like to get a continuance on PZs 23 and 24, the Sewell Park items, to January 23rd. Commissioner Sanchez: So move. Chairman Regalado: OK. The Administration is requesting a continuance to January 23rd. PZ (planning & zoning) what? Ms. Slazyk: 23 and 24. Chairman Regalado: 23 and 24 for the City Clerk. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-1299 A MOTION TO CONTINUE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003 CONSIDERATION OF: • PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "CONSERVATION" TO "RECREATION" AT APPROXIMATELY 1815- 1825 NW SOUTH RIVER DRIVE AND; • PROPOSED FIRST READING ORDINANCE TO AMEND PAGE NO. 25 OF THE ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM (CS) "CONSERVATION" TO (PR) "PARKS AND RECREATION" AT SOUTHEAST PORTION OF SEWELL PARK AT APPROXIMATELY 1815- 1825 NW SOUTH RIVER DRIVE. 82 December 12, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 19. AURTHORIZE MANAGER TO GRANT $50,000 A YEAR, FOR NEXT FOUR DEARS, TO DOWNTOWN HOTEL TASK FORCE FOR IT'S SALES INITIAVE PLAN FOR IT'S SALES INITIAVE PLAN FOR INCRESING CONVENTIONS AND GENERATING TOURISM IN DOWNTOWN MIAMI; SAID $50,000 TO BE MATCHED BY GREATER MIAMI CONVENTION AND VISITOR'S BUREAU AND HOTELIERS ASSOCIATION; FUNDING FOR SAID PLAN TO COME FROM CITY'S NON DEPARTMENTAL ACCOUNT. Commissioner Sanchez: Maybe we can take up some of the non -controversial items. Chairman Regalado: No, I think that Vice Chairman Winton had a time certain for 3 p.m. and then right after that we're going to do the Flagstone. You have the hotel, they're here and then we're going to do the plaque Flagstone, and then the One Miami and then we'll continue on with the regular agenda. Vice Chairman Winton. Vice Chairman Winton: I think they're all here. Mr. Chairman, so, the floor is yours. Juan Romero: Commissioners, I'm Juan Romero, General Manager of Biscayne Bay Marriott and I like to introduce a couple of colleagues if they are here. Chris Aguirre from the Hyatt and Kevin Spindell from the Sheraton, and Robert Lacte from (UNINTELLIGIBLE). The hotel industry as you know has been very affected by today's economy since 9/11. We're not being competitive in today's market compared to other cities that we compete with like Boston, Tampa, Atlanta which they seem to move faster than we do in giving concessions to citywide. Especially, when the concessions and the type of transportation, receptions and so forth, so we are asking the Commission to provide us with enough funds that it would be matched by the hotels to compensate and move fast enough to be competitive in today's environment, so that's what we're here in front of the Commission. Robert, is there anything else you want to add to that? Vice Chairman Winton: Well, I hope that you're going to give us a presentation in terms of how you got there and what you're looking for and what the benefit is going to be and how this all ties in. 83 December 12, 2002 Mr. Romero: Yes, I can. The presentation is in regards to thanks to your effort, we have a Commission and a task force that has been created from all of the general managers that along with the convention bureau, we have solicited near 800 different meeting planners to attend our City. As I told you before, business is very difficult and we are looking for all of those customers that will bring work to our hotel. Honestly, we are, as I mentioned to Commissioner Regalado at one point, we are dropping about ten percent in occupancy at least in my hotel and I think it's of vital importance that we all put our efforts together with your help to bring that business to the City. Robert Lacte: It's a great opportunity for us to go to the business environment and bring the business into our downtown hotels. Whether we be at the Hyatt area or the Marriott area, all of us would prosper with the compression of the room rates, so for us, it will be nice to have a task force where we can offer an incentive to bring the business to the downtown Miami and keep the business within the hotels in downtown. Vice Chairman Winton: Well, didn't you in fact put together and let me help here a bit. This whole effort started -- came out of a study that was done actually funded jointly by City of Miami, Mr. Manager, who all was participating in that funding? City of Miami, Greater Miami Visitors Convention Bureau and I think DDA (Downtown Development Authority) there were either three or four entities that jointly participated in funding this study. Last year the Greater Miami's Visitors and Convention Bureau contracted, hired a consultant to look at the long term convention facility needs in Miami Dade County, particularly in light of all the new hotel rooms that have been brought online and a part of their study concluded that at some point over the course of the next ten years there may be a need to build a facility in downtown Miami roughly in the neighborhood of 150,000 square feet to deal with a certain segment of the meeting and convention business that would be a compliment to the Miami Beach Convention Center. If you remember, I brought a resolution back to the City Commission some time ago to hire that same consultant to look into the details of that kind of one paragraph statement about the ten year needs for the City of Miami, because if you don't start planning something like that pretty far out you can't make it happen because land disappears and you got to get that piece figured out. Coming out of the public hearing -- and by the way, all the hotels supported tremendously. In fact, it's the first time since I've been in downtown Miami where we really had all of the hotels. We had hotels from the Grove all the downtown hotels, Omni hotels, I mean, everybody for once was really together. The Mayor was an active participant in this and his staff was an active participant and in a couple of the sessions the dialog broke into two component parts. Nice to talk about what we might need ten years from now but the fact of the matter is that since 9/11 we're all getting killed and is there something we can do on a short term basis to try to boost occupancy for the City of Miami today? And so, I told the hoteliers that if they want any support from government they've got to go figure out a plan. We're not going to figure out a plan. They need to figure out the plan, and so the hoteliers formed a separate sub committee that the Greater Miami Visitors and Convention Bureau was involved in the -- Stewart Bloomberg who is the president of the -- Stewart, what's the former in Greater Miami Hoteliers association - Christina Abrams (Director, Department of Conventions, Conferences and Public Facilities): Hotel and motels associations. 84 December 12, 2002 Vice Chairman Winton: There you go, thank you -- was also an active participant all the way and that group formed a separate subcommittee with a very specific focus on figuring out if there were things that we could all as a team do together to boost occupancy in the City of Miami. That was their focus. They have completed that study. I was hoping that they would give us a little more details about the results of that study -- Ms. Abrams: Thank you very much. Vice Chairman Winton: -- and those details would then lead to the conclusion which is as a team here's what we want from each of the team members to implement the results from that study so Ms. Abrams: Correct. What we did with cooperation with Greater Miami Convention -- Chairman Regalado: Your name. Vice Chairman Winton: Your name is ? Chairman Regalado: Name. Ms. Abrams: Christina Abrams, Director, Department of Public Facilities. I'm sorry. What we did is, we worked with the Greater Miami Convention Visitor's Bureau and the hotels to identify conventions that we'd like to attract to downtown Miami and these conventions are going to have to meet a requirement in order to qualify for support from the City of Miami Bureau. We are targeting conventions that would bring at least 750 room nights, peak room nights that will have an economic impact of a minimum of $700,000, on average 1.2 million, and conventions that will boost the economic impact to downtown. With that effort, we've identified approximately 24 conventions that we want to target between now and the year 2008. These conventions combined will bring over $24,000,000 economic impact. To attract these conventions we've put together a plan to offer incentives which include the use of a convention facilities, transportation, welcome reception and other incentives that we need to provide in order to compete with other major cities. We have found out that these incentives average about $50,000. But that is to bring an event that will have an economic impact of over a million dollars. In cooperation with the hotels we've determined that the hotels will contribute a portion and the City of Miami will contribute a portion and the Greater Miami Convention Visitor's Bureau will contribute a portion. What we're asking the Commission to do is allocate $50,000 for each year for the next four years that will be matched by the hotels and the visitor's bureau in order to attract business that will bring us $24,000,000 economic impact. Vice Chairman Winton: Do we know where that money will come from? Ms. Abrams: Money will -- the budget department has recommended that there is plenty available in the non -departmental account. 85 December 12, 2002 Commissioner Sanchez: So, just for point of clarification, the Bureau's going to put $50,000, the hotel industry is going to put $50,000 and the City's going to put $50,000, is that correct? Mr. Romero: Up to $50,000, yes. Commissioner Sanchez: Up to $50,000. Bill Talbert: Commissioner, let me explain in terms of what the Bureau's commitment is. As your sales and marketing company -- Chairman Regalado: Name. Mr. Talbert: -- a number of opportunities that we have -- Vice Chairman Winton: Name and address. Mr. Talbert: Ours is not necessarily -- Chairman Regalado: Your name, your name. Bill. Mr. Talbert: Oh, I'm sorry. Bill Talbert, President and CEO of the Greater Miami Visitors Bureau, 701 Brickell Avenue, Miami, Florida, USA. The Bureau actually has had an incentive program for several years, as has been explained here in this new competitive environment cities are writing down the cost of their centers. We've got an opportunity here. The hoteliers are going to in effect by levying a $10 per night room surcharge rebate, fund half of this. The Bureau outside of this has the opportunity to provide on a case by case basis free registration which cost us money, free meet and greet at the airport and free banners that you've seen us provide, so that's the commitment that you have from us going forward to continue those kind of inducements that we've had in the past. Commissioner Sanchez: How much are you going to put in? Mr. Talbert: Pardon me? Commissioner Sanchez: How much is the business Bureau, not on in-kind services, not on staff support. Mr. Talbert: We'll these aren't, no Commissioner -- Commissioner Sanchez: No. Wait Bill, Bill -- Mr. Talbert: These are not in-kind services. These cost us money -- Commissioner Sanchez: Technical support. Mr. Talbert: -- dollar for dollar. 86 December 12, 2002 Commissioner Sanchez: OK, are you commit if -- because I'll tell you. The City -- government isn't there to solve everybody' problem but we have to work with the hotel industry. Their failure is our failure, and their failure is our failure, is your failure, so all that we're saying is because when it comes down to the bottom line that it's cash money, you know people shy away, in-kind we'll give you staff support, I mean, all these fancy names. The bottom line is the City and I'm prepared to make the motion. The City gives $50,000 and each and every one of you will match it with $50,000. Mr. Talbert: Let me tell you we have a situation -- I'm not treating this any differently than in the City of Miami Beach. The City of Miami Beach has appropriated $100,000. We're looking at it on a case-by-case basis. What we can do, it may be more, it may be less than that, but the bureau looks at the inducements on a case-by-case basis. They may be these meetings, there maybe other meetings in the City, so I can't say it's going to be that amount, could be more, could be less. Commissioner Sanchez: You know. I'm prepared, if we're going to commit $50,000 we want each and every one of you to match that $50,000. Vice Chairman Winton: Yeah, I think he's OK with the more Bill. I think he's struggling with the less, so I think that's -- Mr. Talbert: Our position, I think you have to understand as a county wide sales and marketing company, I am being handed the same deal, if you will, that we have with the City of Miami Beach, which has allocated $100,000 without asking for a dollar for dollar also in partnership with the hotels, also in partnership with the Bureau. I think you need -- we need to operate on faith. We actually are the ones who started the inducements years ago. Ido Mariotti (phonetic) who is our Senior VP of Convention Sales. We have done these in the past. We just need to raise the bar. Chairman Regalado: OK, let me just say this. I understand exactly what Commissioner Sanchez is saying and he is defending the City's budget and the taxpayer's money, and this is maybe why we need to narrow the plan and I would think and I'm ready also to support the $50,000 for the City of Miami, but I think that we should get from Bill and the hotel industry a specific plan of what the hotel needs immediately. Is it a small convention? So, is it advertising? What is it? What are we paying for? Because you know, to me, Joe, if we were to advertise and then we have to go to an ad agency to do the layout that would cost money so the Bureau could do it. That's something that they do all the time. They do great ads and they have their professional staff, but how are we going to spend that money precisely? Bill, do we know? Mr. Talbert: Commissioner, I think the plan is in your kits. I think it talks about -- it uses as an example a 1200 delegate convention in the City of Miami. It talks about up to $25,000 in the City writing down the cost if not free, of its facilities, and the balance $25,000 for registration for an event, a party. Transportation is what we often see conventions need. They need help because we have multiple hotels. It is a party often, it is transportation, and it's detailed. That plan is detailed and the report that the Manager provided to you. 87 December 12, 2002 Chairman Regalado: No, and I know about the report, but what I'm saying is, would you, your division, your convention division, is very aggressive. Would that be the work that the Bureau specifically be doing, getting those conventions? I mean, why do we need the City using resources? Mr. Talbert: Yeah, that's an excellent question. What this is about, after 9/11 the whole ball game changed. Some of the convention sizes, they got smaller. Every city, every jurisdiction in the county is providing inducements across the board. The City of Miami Beach has done it now. It has given their Manager the authority to write down the cost of the facility. It's being done all over the county, but you need legislative authority for that. I think, and Juan mentioned that, we have to make decisions within hours. We may get a lead, you've seen a list of leads. We may be competing against Orlando, Atlanta, New Orleans. Everybody puts a package together in a matter of days, we need the authority to have -- we need your Manager to have the authority to say we can give the Knight Center for instance, at no cost or a reduced charge, quickly. The hotels have pledged in effect, to tax themselves, tax their guests to provide a pot of money that goes for the transportation. Ten dollars per night, per guest goes into a pool that's part of this incentive package that matches with your effort that goes along with the efforts that the Bureau undertakes every single day. That's the difference. Times have changed. Chairman Regalado: I know, I know, but my question is, would the Bureau be seeking the conventions? Mr. Talbert: Well, yes. Chairman Regalado: OK. Mr. Talbert: We are your sales and marketing company. We get leads. We have hundreds and hundreds of leads, that's what you hire us for. What is happening now after 9/11, pockets of hotels in the community, the downtown hotels, they were hit early on actually before 9/11. They got together, they got together with the City in partnership with us to look of what are the things we can do to get business. That action spurred the Miami Beach hoteliers to ultimately to get together as a group. Remember the Bureau is a countywide agency and the City of Miami Beach allocated $100,000 for this very same program and the authority to give the convention center for free. That's the inducement package; the incentive package that gets your business that supports jobs, so the answer is yes. It is business that the Bureau gets leads, works the leads with our partners, with our City partners, with our hotel partners. The answer is yes. Chairman Regalado: OK. That -- are we talking only of the Knight Center or the Cocoanut Grove Convention Center? Mr. Talbert: Or whatever, I think in your kit it talks about "City facilities," quote, unquote. Chairman Regalado: OK. We could be talking about the Miami Arena. Mr. Talbert: Absolutely. 88 December 12, 2002 Chairman Regalado: But still, my question is, is the Bureau going to look for those conventions, you? Mr. Talbert: Yes. Yes, sir. That's what you hire us to do. Chairman Regalado: That's what -- Mr. Talbert: And we have our partners to help us with. Yes. Chairman Regalado: That's all I wanted to know. Vice Chairman Winton: Commissioner Sanchez, do you have a question of Bill? Commissioner Sanchez: What I get is, we're basically competing with all the other cities, that's the bottom line. Vice Chairman Winton: Yes, that's right. Commissioner Sanchez: You're representing the county, ourselves, Homestead and other cities you're date you're -- Mr. Talbert: Well, in terms of -- Commissioner Sanchez: -- you're a county agency -- Mr. Talbert: Yes, but -- Commissioner Sanchez: --and you market for them -- Mr. Talbert: But on the convention -- Commissioner Sanchez: -- and you market for us too. Mr. Talbert: Right. Commissioner Sanchez: So, if I call you and I say I'm looking for a facility to hold a ping pong tournament, or whatever it may be that I may do, and you are basically the broker, to suggest where they go. Mr. Talbert: No. We ask you where do you want to be. Tell us where you want to be, tell us what kind of hotel property you want to be. What kind of amenities you want. The customer drives the business, not us, as to where the business goes, the customer. Chairman Regalado: Yeah but what Joe is asking is the same thing that I'm asking you. 89 December 12, 2002 Commissioner Sanchez: In many ways I think the City gets the short end of the stick. Whether it be through organizations that look for, to hold convention centers or tourist or stuff like that. If you look at the market itself and everyone has been suffering after 9/11, but the hotels outside of Miami have been doing better than the ones in Miami. That's what I hear because I ask around. Although South Beach is hurting. I mean, they're not doing as well as they were and I don't think anyone is this great nation of ours is doing -- still you know, we the City, we can justify saying the expenditures OK we do all the in -kinds and all the things that we do to attract the Grand Prix. Any event that we put out on downtown Miami or throughout the City to bring people, especially tourist that come here and spend the night, spend money at the hotel, the restaurants, of course, adding revenues to our City, but at the end of the day the question is, is the City of Miami getting a fair return when it competes with the county, Coral Gables -- Mr. Talbert: I would say yes. We're in the narrow market segment of meetings and conventions. Frankly, the Beach and downtown Miami are the principal meetings and convention sites. Now, the Beach has the largest convention center, and by the way when it's a big citywide convention on the Beach, there are probably as many hotels in the City on the mainland as there are on the Beach used for those conventions. But I would say the City is doing quite well in terms of fairness. Chairman Regalado: Then we need a motion to decide what are we going to do. Vice Chairman Winton: I will move the motion, but I want to make a comment also. I think that because I'm listening to my colleagues and my colleagues are 100 percent in the corner of the hotels. What got them nervous, Bill, is there were direct questions to you about in the presentation that said that there is a partnership, a three-way partnership. Everybody's putting money in this thing. The hoteliers are putting money in it. Those dollars are easy to count. They just told us how it was happening. We understand it clearly. The City of Miami is putting cash in so, that's real easy to understand. The Visitors and Convention Bureau is putting in -- fuzzy. You know, it's - maybe it's $50,000, maybe it's less, maybe it's more, and I don't think, nobody could get a handle on it. You get a handle on the hotels, it's $10 per head. You get a handle on ours, it's a $50,000 check. You can get a handle on the Visitor's and Convention Bureau and I understand where they're coming from. I mean, if I were standing in your shoes I think I would have a clearer answer, and then I think it would have been a motion, a second and four votes ten minutes ago, because the discussion hasn't been about what the hotels are doing. This discussion has really kind of gotten off kilter because and it's about the Bureau. It isn't about the condition of our City hotels, which everybody up here is totally sympathetic to and it's almost unfortunate and from my view Bill, I mean, I'm serious. Ten minutes ago we could have been done, if your answer had been yeah, we're matching everybody, but we got fuzzy. Chairman Regalado: No, but Johnny it's not about even matching and I understand where Joe has his concern. My concern is that we need the Bureau to work as aggressive as they work for any other area of the county in bringing the type of conventions that they said that they need because you know, why do we need our administration going to New York and seeking convention if they have already the structure, and what I'm saying, what I'm asking here and that is my only concern, I'm asking you, is your division going to be aggressive seeking conventions for downtown Miami? 90 December 12, 2002 Mr. Talbert: The answers yes. Chairman Regalado: OK. Vice Chairman Winton: And I think there's another piece to that, and you all correct me if I'm wrong, but I think that you all have identified a very specific enumerated targeted audience. You know who you're going after. This isn't a fuzzy deal where we're going to go after you know, the 400 industries that maybe look like this. I think -- you've identified very specifically who you're going after -- Mr. Talbert: I think there are 12 -- Mr. Romero: Let me answer that because we did a blitz and we solicit like I said 800 customers. We identified 48 conventions that we're still following up. We have about 8 or 9 that are very possible. Vice Chairman Winton: And so, that's the point. They've identified very specifically who their targeted market is and they understand that that target is ideal for downtown, and so, Commissioner Sanchez, I mean, Commissioner Regalado, this is particularly important for your point of view. They've already identified who they are going to -- they haven't left that up the Bureau. I mean, the Bureau has sat at the table with them, they've identified who their targeted - - very specifically who the specific groups are that they're going after and the hoteliers are sitting at the table with the Bureau and saying, "what are we doing to make sure we get those guys here?" and they're all calling together and they also know that they're allowed to call both my office and the Mayor's office if they need an additional boost to try to get that very specific company, I mean, group or organization or whatever it is, over the hump to get here, so I think the hoteliers have figured this out appropriately and have the Bureau right there doing the right kind of thing as it relates to this specific project. Chairman Regalado: They know to that was so, I mean, that's my only concern. Vice Chairman Winton: OK. Chairman Regalado: I don't really -- Vice Chairman Winton: And that was a good concern. Chairman Regalado: I don't. Commissioner Teele: What's the motion? Chairman Regalado: The motion is $50,000 from the City's fund to match up to $50,000 from the Greater Miami Business and Convention and Visitors Bureau and up to $50,000 for -- Vice Chairman Winton: From the hoteliers. 91 December 12, 2002 Chairman Regalado: -- the hoteliers for a specific plan to bring small conventions and tourism to downtown Miami that is the motion. Vice Chairman Winton: And it's $50,000 a year for four year. Ms. Abrams: May I clarify that, please? Vice Chairman Winton: $50,000 a year. This is a four-year marketing plan. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes sir. Commissioner Teele: Thank you very much. I really do believe that the number $50,000 a year should not be up to, it should be at least and let me tell you why I say this. If they are successful in bringing in, what I don't want to do is have them come back and the debate would be why do you need more money? I mean, the idea of what they are doing now is trying to bring conventions into this City so that the people that work in hotels, the taxi drivers, the restaurant people in this town can have jobs and greater stability, and so I really believe that the minimum that we should be talking about in this pilot is $50,000 because it's strictly based on bringing something here. This isn't $50,000 for administration. This is all money, 100 percent of the money must go as an incentive, and I think it's very important that the public not think we're going to hire a bunch of new staff people to create a new bureaucracy. All of this is incentive money and I want to make sure that I make sure that this is right -- Vice Chairman Winton: That's correct. Mr. Lacte: You got it perfectly right. Commissioner Teele: So -- Chairman Regalado: That was my point, that the Bureau, we don't need to do anything, Arthur, in the City. The Bureau has already the structure, the division for convention. Commissioner Teele: And I'm not going to argue that point. In fact, when the people came and met with me, my question was, one, where's the Bureau representative and why isn't the Bureau representative here and two, how much money is the Bureau putting in, but I don't think we should spend a lot of our time over the Bureau issue, because it's not fair to hold the various hotels in Miami. This is the limited to City of Miami hotels and it really is designed to create the kind of incentives. I think it's important that this be at least and not up to; otherwise, you can't get the $50,000, you got to come back but at least I want the record to reflect that we want to reward you for going out and getting the conventions. The gentleman from the Doubletree met and I don't want to break up a trade secret, but is it fair to say that when you all got the movie -- Mr. Lacte: Out of time. 92 December 12, 2002 Commissioner Teele: Which one? Mr. Lacte: Out of time with Denzel Washington. Commissioner Teele: With Denzel Washington, because we were doing something over there at the Big Time Studios that that represented a substantial six figure representation of our client. Mr. Lacte: Yes, it did. Commissioner Teele: Just substantial not $100,000, but several hundred thousands. Mr. Lacte: And they were leaving to go to Hollywood instead of downtown Miami. Commissioner Teele: And the question was, were they going to go up to Broward? And the reason that they were able to get that was that there were a lot of concessions going on with the studio next door, that Big Time Studio, it was very close. The hotel people knocked themselves all out. I think there are a lot of opportunities; we've got to work together. I'm frustrated as everyone else about the Visitor's Bureau, but I really don't think we ought to turn this thing up -- we ought to have the fight with the Visitor's Bureau, but let's go and hold the hotels that are paying taxes hostage. The other point that I wanted to make when this motion passes is that is it the DDA (Downtown Development Authority), the CRA (Community Redevelopment Agency) and in particular MSEA (Miami Sports and Exhibition Authority) should take the lead in monitoring what you're doing and working with you because from time to time we have resources available that you don't even know, especially here at MSEA in bringing this here but I really think that what you all are trying to do is the right thing and that is you're trying to bring business to Miami and it's going to affect everybody up here. Whether, you know, everybody up here is going to have people that live in our districts that are working in the various hotels or driving the taxis or participating in the overall cycle, so I want to be very supportive of doing this and encouraging it but more importantly urging the City Manager and the DDA the CRA and in particular MSEA to take a proactive role in this. I'll use just one final example. The Margaret Pace Park, which we're going to open that, when? Chairman Regalado: Next Wednesday. Commissioner Teele: Isn't it next Wednesday or so? Mr. Lacte: The 18th Commissioner Teele: The 18th9 Mr. Lacte: Correct. Commissioner Teele: Of December. The Margaret Pace Park is going to be a tremendous incentive to bring activities here because it gives you a whole other venue in the Omni area as an example, and the same thing can be said in terms of throughout downtown, so I just think that we 93 December 12, 2002 really ought to really work closer together and I, for one, don't want to penalize or frustrate or send the wrong message to the hotel people who are paying substantial taxes that we want to give you a sort of a caution signal here. The signal that I want to give here is all green lights to go forward and then we've got some private discussions with our good friend Mr. Talbert that we need to try to work out. Is Bill -- are you all committing money Bill? Are you all going to match it? Vice Chairman Winton: Well, that's where this sort of bogs down. Commissioner Teele: But I don't think we ought to, you know look -- Mr. Talbert: We're committing money. We need to have some standards and by the way it may be these -- make it clear on the record. It may be this set of meetings -- incentives might not be needed for this group. It may be we need it for others. We have hundreds of other leads for these hotels in the City and we may need to do some of those, so I think you need to leave it to us and our partners with the City to see where those incentives go, but the answers yes. Commissioner Teele: The answer is that you all are going to participate in cash incentives on this? Mr. Talbert: Yes. Chairman Regalado: OK. Mr. Talbert: What kind of -- yeah, in the incentive package, which includes by the way, the registration, which costs us cash. Vice Chairman Winton: No, that's money as far as I'm concerned. That's cash, so, that's cash. Mr. Talbert: Yes, sir. Commissioner Teele: See, to me, the issue that we should to the hotel managers and the investors and hotels is not an intramural fight between us and the Visitor's Bureau, but it should be the message that we want to encourage you all to take the initiative -- Vice Chairman Winton: You guys feel that way. Commissioner Teele: -- and to come back to City Hall and we're respectful of the fact that you pay taxes and we want to help you and I don't have to remind everybody that downtown Miami and District 2 generate about 40 percent of the ad valorem taxes, so you all have a right to come here and I just want to be on record of saying that too. Chairman Regalado: OK, we need a second for the motion. Commissioner Teele: I second it. Whose motion was it? 94 December 12, 2002 Chairman Regalado: Winton. Commissioner Teele: I second it as long as it says "at least." Vice Chairman Winton: I accept the modification. 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 Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1300 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTATCHEMENT(S), AUTHORIZING $50,000 ANNUALLY FOR THE NEXT FOUR YEARS FOR A TOTAL AMOUNT OF $200,000, TO ASSIST THE DOWNTOWN HOTEL TASK FORCE IN ITS SALES INITIATIVE PLAN, ATTATCHED AND INCORPORATED, FOR INCREASING CONVENTIONS AND GENERATING TOURISM IN DOWNTOWN MIAMI; PROVIDED THAT THE CRITERIA SET FORTH IN THE DOWNTOWN TASK FORCE PLAN ARE MET, INCLUDING BUT NOT LIMITED TO: (1) PARTICIPATING HOTELS MATCHING AT LEAST 50% OF THE City OF MIAMI'S CONGRIBUTION; OF $25,000 WILL BE ALLOCATED TO ANY ONE EVENT; AND (3) THE GREATER MIAMI CONVENTION AND VISITOR'S BUREAU WILL PROVIDE IN-KIND SERVICES TO SUPPORT EACH EVENT; ALLOCATING FUNDS FOR SAID PLAN FROM THE CITY'S NON DEPARTMENTAL ACCOUNT. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, I would move a second motion related to request that the City Manager, the Executive Director of the Miami Sports and Exhibition Center, the Directors of the DDA and CRA form a working group, as appropriate, to work with the hotels to further 95 December 12, 2002 enhance this particular effort that we're committing resources to including but not limited to in- kind contributions of staff and personnel and other support. I would so -- Vice Chairman Winton: And the DDA -- second. The DDA actually has a hotel venues committee anyhow, so that's an easy linkage. 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- 1301 A MOTION DIRECTING THE CITY MANAGER TO FORM A WORKING GROUP WITH THE EXECUTIVE DIRECTORS OF MIAMI SPORT & EXHIBITION AUTHORITY (MSEA), DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AND COMMUNITY REDEVELOPMENT AGENCY (CRA), AS APPROPRIATE, TO WORK WITH THE HOTELS TO FURTHER ENHANCE THE ECONOMIC IMPACT EFFORTS OF THE CITY, INCLUDING BUT NOT LIMITED TO IN-KIND CONTRIBUTIONS OF STAFF, PERSONNEL AND OTHER SUPPORT. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Winton: And I would like to thank you all, particularly the hoteliers. I said this, Commissioner Teele didn't hear it, but when this first started this is the first time since I've been in downtown Miami where all the hoteliers banded together. First time all really banded together closely to make something happen like this and Commissioner Teele, for your point about minimum, I can tell you that when the started off I had no idea what they were going to come back and ask for, and in the greater scheme of things $50,000 is not much money particularly when you consider the fact that there are no larger employers than hotels in our entire economic system and they hire people from entry level to executive level that as you said live in all of our neighborhoods. Hoteliers are major, major employers and great career choices for people and many of them live in our City, so I think what they've asked for is really my hat went off to them 96 December 12, 2002 because they didn't come in asking for some grandiose thing. They were very measured in their request. I think they were very conservative in their request. They had a very specific plan and so I think you all did a heck of a job so, thank you and hope we can remain partners for a long time. Chairman Regalado: Thank you. Mr. Romero: On behalf of the General Managers, we want to thank the Commission. Thank you very much we appreciate it. Commissioner Sanchez: Thank you. Chairman Regalado: You're welcome. OK, Flagstone, Mr. Manager. Carlos Gimenez (City Manager): It's item 43A. Chairman Regalado: Item 43A, this is a time certain and the City Manager is going to do a presentation and we're going to have representatives of the company and Commissioners Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I don't want to alter the order of the day, but we've gotten off to a very slow start this morning. We've got people here still from a number of things, but I know Mr. Chairman, there's a group of people here on the AIDS (Acquired Immuno Deficiency Syndrome) issue. Chairman Regalado: Yes, and I did promise them before 4:30 because they were very gracious. They went before lunch and I told them that -- I promised them that they will be able to speak to the Commission right after the Flagstone and the One Miami thing and they agreed. 20. DEFER CONSIDERATION OF PROPOSED AMENDMENT TO RESOLUTION NO. 02- 777 RELATING TO FUNDING FOR 2002-2003 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 9, 2003; DIRECT CITY ATTORNEY TO WORK WITH MANAGER AND DESIGNATE FULL TIME OMBUDSMAN TO SERVE AS LIAISON TO FACILITATE AND COORDINATE MEETINGS BETWEEN HOPWA GROUPS AND DEPARTMENT OF COMMUNITY DEVELOPMENT. Alejandro Vilarello (City Attorney): Mr. Chairman, can we ask for a short deferral of Item 43A? I believe Item 43 is available. Commissioner Regalado: OK. 97 December 12, 2002 Vice Chairman Teele: Mr. Chairman, I'd like to bring up the AIDS (Acquired Immuno Deficiency Syndrome) thing, and if they need a deferral -- Commissioner Regalado: Right. I just want to say something. The City Manager has requested that we wait for the Flagstone for a few minutes. So, let's do the -- we are going to do now the personal appearances, Number 6, I think it was, the -- yes. Timothy McCarron to address the Commission concerning the current status of the HOPWA (Housing Opportunities for Persons Living with AIDS) -- Vice Chairman Teele: HOPWA. Commissioner Regalado: -- Program. And we also need -- where's Barbara, Barbara Rodriguez, from CD (Community Development)? Mr. Vilarello: She's coming. Commissioner Regalado: Huh? Commissioner Sanchez: She's coming. Commissioner Regalado: Let's just wait one second for her to get here and -- OK. We have the Assistant Director for CD. Just -- Barbara, would you -- could you first come to the podium and explain what are we discussing here, basically, on this item, for the benefit of the viewers and the people present here? Would you let her -- -- Timothy McCarron: I believe I am next on the item, am I not? Commissioner Regalado: I'm sorry? Mr. McCarron: I believe I am on the item. Commissioner Regalado: You will -- yeah, you are on the item. Mr. McCarron: So, may I speak? You called me to speak. Commissioner Regalado: Yeah, but I'm asking the Assistant Director to explain to the Commission what is the purpose of -- Mr. McCarron: But I think she has a -- Vice Chairman Teele: What's your name, sir? Mr. McCarron: Timothy McCarron. Commissioner Regalado: OK. Go ahead. Go ahead. 98 December 12, 2002 Mr. McCarron: All right. Thank you, sir. Thank you. Good afternoon. First of all, I want to thank the Commission for allowing me to address this very important issue of HOPWA and the City of Miami. For those that don't understand, HOPWA is Housing Opportunity for People with AIDS, and the critical role it plays in the quality of life for 15,000 people living with the deadly disease, presently known as a pandemic in the world. If I may recap briefly today's national CDCs (Community Development Corporations) statistics, the state of Florida has the third largest population of people living with AIDS in the United States. The City of Miami has the highest rate of AIDS transmissions in the country. Approximately 12,000 people die in the world daily, over three times the amount of people attacked and murdered on 9/11/01. Commissioners, I urge you to keep those facts in mind, as I proceed today with the following facts and recommendations. My name is Timothy Joseph Patrick McCarron, a 51 year old, fourth generation American, born to Portuguese and Irish immigrants in the state of Massachusetts, United States of America. Presently, I live as a permanent resident in the City of Miami. I have been living with AIDS since my diagnosis in 1986. Believe me, I am one of the very lucky ones. In 1990, I was living in New York City, on staff full-time, at the Gay Men's Health Crisis Incorporated, the first and the largest, to this day, AIDS service organization in the world. When I began the process to enter the AIDS health care system in the City of Miami, I discovered, much to my dismay, a climate reminiscent of 20 years ago, when this epidemic began to ravage thousands of lives. This is a system riddled with discrimination, hate, corruption and complacencies. Gone was the sense of urgency and concern. It is with this same compassion and sense of urgency that drove me to be proactive in my pursuit of the standard of care, I have become so accustomed to in the state of New York. I now feel it is imperative to speak out again, as a single voice, representing the 15,000 PWAs, an acronym for People with AIDS, community leaders and activists, who are thoroughly discontented, upset and displaced. The system should work. It does in other states. And its sole purpose is to serve the needy and to increase their quality of life, while they fight their own personal battle with a terminal illness. When it comes to people's lives, there are no gray areas, gentlemen and ladies. Even the federal government mandate is very clear on that issue. And I might add that the City of Miami Case Management Program, in existence today, has been outstanding since the City has assumed direct services to the HIV(Human Immunodeficiency Virus)/AIDS clients. What I have to report to you today, this Thursday morning, now afternoon, is not a pleasant task. Since September of 2000, the HOPWA Program closed its doors to qualified people with AIDS, mainly due to mismanagement and deception by the current administrators of the use of federally mandated funds for housing. A tremendous burden has been placed on already stressed lives, trying to comply with medication dosages, eating properly, general welfare. And there's a lack of effective administration planning for the use of HOPWA dollars, many have become now a burden to the City. Commissioner Regalado: Mr. McCarron. Mr. McCarron: Yes. Commissioner Regalado: I really have to ask you, please, to narrow your -- Mr. McCarron: Yes. I only have a few seconds to go. 99 December 12, 2002 Commissioner Regalado: Because -- I mean, we have so many items. And Commissioner Teele wanted to hear you because you brought the people that are ill. And I would really, really ask you to be -- Mr. McCarron: I don't think I've taken up any more time than the prior people before me. Vice Chairman Teele: Well, the problem is not how much time you've taken. Mr. McCarron: Yes. I don't -- let me get right to the point. Vice Chairman Teele: The problem is, I have not heard one thing that you're asking for. And -- Mr. McCarron: I'm not finished, yet. Vice Chairman Teele: But, listen, candidly, candidly, it's good to get down and say "mismanagement" and all that, but, you know, then the Chair is obliged to let the management come up and give their side of the story, because -- Mr. McCarron: I believe they are. Commissioner Regalado: No. We have an item on the agenda -- Vice Chairman Teele: We gave you, as a courtesy, the opportunity -- I thought you were going to come up and ask for some -- a deferral and for some more public hearings or a new process. Mr. McCarron: I'm getting to that. May I continue? Commissioner Regalado: Well, how many minutes do you need? Mr. McCarron: I'll speak fast, sir. About two minutes. Commissioner Regalado: OK. Go ahead, sir. Mr. McCarron: All right? Commissioner Regalado: Go ahead. Mr. McCarron: The Community Development administration, headed by Barbara Rodriguez and Dan Fernandez, misled you, the Commission, by using a half a million dollars ($500,000) to fund HIV/AIDS prevention programs. Vice Chairman Teele: Mr. Chairman, I am very supportive of this project, but I am never supportive of public speakers coming down and calling names in the first instance. Mr. McCarron: Calling names? I don't understand. 100 December 12, 2002 Vice Chairman Teele: Yes. In the sense that, it's not fair to those employees for us not to give them an opportunity to come up -- Mr. McCarron: They have an opportunity. They're on the item -- on the agenda. Commissioner Regalado: Excuse me. Excuse me. They are on the agenda -- Mr. McCarron: Excuse me? Commissioner Regalado: I wanted to have her first discuss Item 11 and you, sir, said that you wanted to go first. We're giving you the time. Most of the personal appearances do not have that much time. So, I really appreciate if you -- first of all, do not attack the members of -- you will have time to rebuttal. Mr. McCarron: This is not a personal attack. This is -- Commissioner Regalado: Yes, it is. Yes, it is. Yes, you have attacked one -- Mr. McCarron: No. These people are City officials. They are subject to comment and criticism. It's a -- Commissioner Regalado: They are subject to criticism -- Mr. McCarron: It's my right as -- my first right amendment to speak. Commissioner Regalado: But not attack the corruptions or anything. Mr. McCarron: Well, it's true. You don't want to hear it? Commissioner Regalado: Why don't you go to the State Attorney, then. Mr. McCarron: Excuse me? Commissioner Regalado: Why don't you go to the State Attorney? Mr. McCarron: No. I've already been with HUD (Department of Housing and Urban Development). And, as a matter of fact, they're very interested in what's going on here. Commissioner Regalado: Well, sir, let us hear what you have to say, and then, you know, we'll deal with Item 11 and then -- Mr. McCarron: This is a part of what I'm saying, and it's up to you to deal with what I have to say. I'm not demanding anything out of the ordinary. Commissioner Regalado: OK. Go ahead. 101 December 12, 2002 Mr. McCarron: The action to use a half a million dollars ($500,000) to fund HIV/AIDS prevention was in direct conflict with the federal mandate that the money only be used for housing people with AIDS. Presently, the administrator is planning to allocate another fifty thousand dollars ($50,000) from HOPWA dollars to hire an independent consultant to do a needs assessment. I can tell you, at this time, that we have been offered technical support for free from AIDS Washington Housing. As you know, the current administrator is submitting a proposal for you to approve to allocate almost three million dollars ($3,000,000) to case manage 450 clients. Of that three million, approximately one million will be used to hire nine case managers. According to industry standards, this should cost no more than four hundred thousand dollars ($400,000). This means that approximately six hundred thousand dollars ($600,000) will go to absolute waste. Those dollars will and must be allocated for direct housing services. The continuing appeal by the current administrators bypasses the planning process once again, which is clearly enforced by HUD, the Miami -Dade HIV/AIDS Partnership, and the community. We are simply stating that a dialogue between the community and the City must take place prior to any motions before the Committee. To the Commission I propose, one, please defer the proposal already on your desk from the administrators for new allocations, accept the item allowing the mortgage payment transition. Two, I request that the Commission make the motion to reprimand, relocate, dismiss the present Assistant Director and Acting Director, since they were involved in misleading you, the City Commission, in using HOPWA dollars for prevention education, and presenting a proposal to you today that lacks community involvement in the planning process. These proposed contracts may be in violation of the Federal, State and City procurement guidelines. They are directly responsible for diminishing the quality of life for the 15,000 people living with AIDS, and, specifically, since November lst, 75 PWAs, now living without electricity and are facing evictions. Needless to say, the current administrator has cost the City in excess of a half a million dollars ($500,000). Since, as I said earlier, HUD has ordered the City to repay half a million dollars ($500,000) immediately. We cannot allow the current City administrators to make decisions that will jeopardize funding, to address the needs of PWAs. HUD has also expressed to the community, in our recent meeting as of last week, that if it decides the City illegally paid utility assistance to clients receiving long-term housing and mortgage assistance, the debt of the City will be in excess of one million dollars ($1,000,000). The administrator is also responsible for the frozen funds of thirty million dollars ($30,000,000). The bottom line, Commissioners, our proposal this afternoon is, in essence, to make your job easier, by voting in support of our proposal for a well run program, but I must reiterate and underscore, only if it is one that follows the planning process set down by the Partnership, HUD, and AIDS Housing of Washington, whom I'd like to note has offered, at no cost to the City, to provide their model technical support for the Housing Program. With the future City cooperation with the Partnership Planning Committee, which, I add, has a great track record, we will deliver a program that has integrity, effectiveness, efficiency, and provide a securer and higher quality of life, striving to survive in the City. Commissioner Regalado: Thank you. Thank you, sir. Mr. McCarron: In closing, I want to dedicate this presentation to Petra Hobson, who was a long- time activist who passed away a week ago Sunday. And, believe me, she would have been standing here speaking in my place. 102 December 12, 2002 Commissioner Regalado: Thank you, sir. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I'm a bit confused here. Sir, you're asking us to seize all funding? Mr. McCarron: Excuse me? Commissioner Sanchez: You're asking us to seize all funding? Mr. McCarron: No. The funding has been -- Commissioner Sanchez: You're -- what are you basically -- listen -- Mr. McCarron: I'm basically asking you -- you have a proposal -- Vice Chairman Teele: He's asking us to go to jail, that's what he's asking us to do. Because the second thing he asked us to do is a direct violation of the Charter. Commissioner Sanchez: Of the City Charter. I want -- Vice Chairman Teele: For which we could be removed from office. Commissioner Sanchez: Absolutely. And I'm going to get to that. I just want to -- sir, let me -- Mr. McCarron: No. The point is, is that you were mislead on the original allocation. Commissioner Regalado: Excuse me. Excuse me. Excuse me. Commissioner is using the -- Mr. McCarron: He's asking me a question. Commissioner Sanchez: You've had an opportunity to speak. Let me just speak as the -- Mr. McCarron: Yeah, but you're asking me a question. Commissioner Sanchez: -- ex -aficionado that sits in HOPWA Board. Chairman Winton: He isn't asking you a question. He is not asking you a question. Commissioner Sanchez: Let me clarify -- Mr. McCarron: He asked me, do I want him to seize funds. Chairman Winton: You answered that question. Commissioner Sanchez: Sir, you're -- the allocation that's in front of us today here if we approve this program, is three million dollars ($3,000,000) that are going out there to people that 103 December 12, 2002 you are championing their cause; people that, without a doubt, I will not argue that they are in dire need of support, whatever it may be. But let me just tell you this -- and I think you need to understand this -- the mortgage payment is not allowed under HUD regulations. The City cannot pay the mortgage payment. It wasn't us who did this. The County, apparently, under whatever regulation where it came down from HUD said, you can't pay that anymore. The City was doing that in clear violation. And I speak -- I think I have the most experience on the board, because I happen to be the ex -aficionado for the HOPWA Board. But let me just say something. It really bothers me that you come championing a cause that you may be justified in saying that there are some things that are not properly done. Whether it is or not, I think that's up to the State Attorney's Office and HOPWA, and the HUD to investigate. But to say seize all funding of people out there -- that you, yourself, stated that don't have accurate funding, becomes a burden not only for government, but for their families -- is totally inappropriate, and I don't agree with you on that issue. But I just wanted to state that -- Mr. McCarron: No. I didn't ask to seize any funds. I'm talking about the funds that were frozen. Commissioner Sanchez: If we don't approve this -- and those people out there, until whatever investigation goes on, they're not going to get any money. Mr. McCarron: No, that's not true. No. Commissioner Sanchez: It's not true? Mr. McCarron: No, it's not. Because our -- if we were able to sit down and have a dialogue with the current administrators to show them what I just explained, based on the industry standards of how to run a Case Management Program for Housing, there is no need to allocate housing funds to organizations, Care Resource, SOBAP (South Beach AIDS Project), Positive Connections, that are prevention programs. You understand? Commissioner Sanchez: I understand that. And I'm not going to argue -- Mr. McCarron: So we -- Commissioner Sanchez: I'm not going to argue that point. I don't know what the regulations of HUD complies to prevention -- Mr. McCarron: Well, I'm telling you, after sitting with HUD, that is the regulation. Commissioner Sanchez: But here's what I'm going to tell you. Based on the action that we take in here on the need -- we realize that there isn't enough funding for all the needs out there. We realize that. There were people on short term -- when we did away with short-term -- because there is no short-term solution to AIDS. It's long-term. And we basically passed, I believe it was, an ordinance or a resolution to create a Special Emergency Program, to kick in in January, because people were being left out. They didn't have -- they basically -- the list was cut off, and they couldn't get on that list. So, we, as a legislative body, have taken the appropriate actions that we deem are necessary, according to the money that we have. Listen, Dade County is 104 December 12, 2002 number one, Broward is number two, West Palm Beach is number three in the nation. We even passed a resolution asking the government to send us money down here to try to help, and, of course, they didn't send any money. So, I just want to get that on the point. You know, you come in here and making your arguments, that I respect, because you're championing that cause, but when you make that argument, you know, you make it sound like that we're the bad people and the administration -- Mr. McCarron: No, sir. No, sir. I didn't say you were the bad guy. Commissioner Gonzalez: Mr. Chairman. Commissioner Sanchez: And just to talk to what Commissioner Teele was saying, just to get this, it is a clear violation of our City Charter for us to terminate anybody -- Vice Chairman Teele: Or reprimand. Commissioner Sanchez: -- or reprimand anybody. That has to come -- Vice Chairman Teele: Other than each other. Mr. McCarron: But you have people that refuse to come to the table to meet us, to have a discussion over this issue. Vice Chairman Teele: Mr. Chairman. Mr. McCarron: I am really trying to -- Commissioner Regalado: Whoa, whoa, whoa, whoa. Vice Chairman Teele: Mr. Chairman, this has gone on -- I apologize to the Commission for bringing the item out of order. I saw Reverend McGray, who is a very respected pastor, and he has been so patient, the people that have been so dignified, and I had no idea that we were going to have this kind of presentation. I have a major problem -- I have a serious problem in disrespecting and bringing people down in the mud, who are not here to defend themselves. And while everything -- all of the frustrations that the public may have suffered through may be accurately described, it is not necessary, in my mind, to turn this into a personal attack and to ask us to reprimand someone. First of all, it's a clear violation of state law and the Charter of the City of Miami for this Commission or the Mayor to be involved in any actions, other than the Manager, the Attorney, the Clerk, and each other. All other employees of the City are protected from just the kind of conduct that has been described. Mr. Chairman, members of the Commission, I think we can get there very quickly if we do the following: If we bring -- if we let the gentleman have a seat, bring up Item Number 11 for a public hearing, which is scheduled on the agenda as a public hearing. I would like to ask that the item be deferred, with the exception of the one section that the gentleman has outlined. Candidly, I'm in full agreement with virtually everything that has been said, but I am totally in disagreement and want to disassociate myself from this -- I don't want to call it New York style, but I will call it this non -southern style of 105 December 12, 2002 coming down, knocking the table, chairs, lamps, and dishes over to make a point, and it's not necessary. Mr. McCarron: It's about saving lives, sir. Commissioner Regalado: Excuse me. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: Excuse me. Vice Chairman Teele: It's not necessary. And we can all get there. I think the point in particular, Mr. Chairman, that needs to be carefully considered, that has been made, is number one, we don't need to spend more money than is necessary. And if the speaker is correct -- and I have every reason to believe that he's researched the subject matter very well -- we probably will find a cheaper way to do this. My recommendation to the Manager and to Commissioner Winton -- I see that you've been quoted in the press -- would be that we do take money from general funds, not from HOPWA money. I think that we ought to resolve that we're not going to spend any HOPWA money to hire consultants and all of that, even though it may be eligible. But it takes money away from the very community that we're here trying to protect. And that we bring in a facilitator, if not a consultant, to organize this process. Commissioner Sanchez spent the better part of a year, two years ago, going through this. It is obviously some serious problems -- there are obviously some serious problems. And I think we should take the gentleman at his word, and not to move forward with the appropriation of the moneys, of the contract that had been recommended, but go back and have this reviewed, using a facilitator; someone who is gentile, that can talk to all sides in a calm, rational, warm southern voice, that can make people feel that we want to work together, because we all want to get to the same point. So, if the Chair would allow, I would like to bring up Item Number 11, so that we can be in a position to take an action -- because these are federal funds -- and the only way we can take an action, would be to bring it up, with the intent to defer the item. And then to take the public hearing comments from the staff first and then the public on the section of money, I think, you described was the housing assistance. Commissioner Regalado: Right. Commissioner, I think that you're right, and we're going to do Item 11. But on the comments after the administration, we will only accept comments regarding this contract that we're talking here on Item 11. No more comments and attacks on the program itself. Barbara, would you brief us on Item 11? Vice Chairman Teele: Mr. Chairman, may I apologize to Ms. Rodriguez and to all of the members -- I brought the item up. Barbara Rodriguez (Assistant Director, Community Development): It's OK. Vice Chairman Teele: So, I bear some responsibility for what I bring out of turn. And I do want to apologize. That was not my intent. I had no idea that the distinguished gentleman would in 106 December 12, 2002 any way make references to criminal activity or improper, et cetera. And we'll let the facts come to light and they'll -- we'll be responsible for whatever action has to be taken. Commissioner Sanchez: But before she does that, I just want to say this. The emergency program that was established will deal with the mortgage of payments that was a problem, and then the utility payments, which continue to be a problem with some of the people that were receiving services. Now, what I want to get -- want them to understand this -- understanding that if this process is stopped, that anyone out there that is depending on payment or assistance is not affected. Ms. Rodriguez: OK. I think that we need to address the Commission -- Commissioner Regalado: Your name, please. Ms. Rodriguez: Barbara Rodriguez, Assistant Director for Community Development. First of all, let's give some data for the Commissioners to understand. The preventive education that the gentleman was talking about was funds that were awarded two years ago. Under this administration, there has not been any preventive education awarded contracts. In May of this year, Dan Fernandes and myself had an opportunity to start working with HOPWA. There were three areas that the City was in violation of the HUD reds. One being Preventive Education, the other one being that we were paying utilities payments when we did not have a Short Term Program. And the third one was mortgage assistance, which was in a violation of the Long-term Housing Program that the City runs. We were in conversation with U.S. HUD. We've come to a conclusion that we needed to stop utility payments and mortgage assistance. We know that there is a need out there for these services. Effective January -- and it was requested by a public hearing of this Commission, through Commissioner Sanchez -- that we establish an emergency program that could deal with the utility payments, mortgage assistance, and any other types of assistance that they might have. U.S. HUD has not requested that the City pay back the half a million dollars ($500,000) of preventive. What they have asked is that we go back to these contracts and analyze and find out did other types of services were there. There are three agencies involved that we have met with them. One being Greater Bethel, that does services in our Overtown area. Center for Positive Connections, SOBAP. Those were three agencies we have met with. Greater Bethel, which is here, and they can address you. They went back and they noticed that even though they did have preventive education contracts, they were serving people with AIDS, they were doing referrals, and they were doing assessment of those services. We have continued working with those contracts to determine how much money was used in preventive education and we will deal with HUD in reference to those funding. That's number one. On reference to the Emergency Program, we are establishing one, effective January 1st. We've gone three for the last three months to the Partnership meetings. I personally addressed them on Monday. I explained to them the funding that you're seeing in front of you. All of the contracts that you're seeing in Item 11 are contracts that were approved by this Commission July 8th, with the exception of three agencies: Greater Bethel, Community AIDS Resource Center, and Center for Positive Connections, because we were negotiating a different work program with them. On reference to the consultant that we've heard about, that is coming out of Community Development administration dollars -- and it was requested by AIDS of Washington, which they are providing technical assistance to the City of Miami -- they were here. Tomorrow is our 107 December 12, 2002 second meeting. They have helped us develop the Emergency Program that is going to be sent to the Partnership, as agreed, on Monday, in January. AIDS of Washington has requested from us to get somebody to work with them in coming up with new policies and procedures, new guidelines, and to be able to address the Partnership. What we're here today is to request -- first of all, all of these contracts, as I stated already, they've been approved, with the exception of Bethel AME (African Methodist Episcopal) Church, Community AIDS Resource Center, the Center for Positive Connections. Those contracts have not been negotiated and they have not been signed. Everything else has been signed, addressed, and we will be entering into a contract, if it's approved by this Commission, of Apple Tree perspective, on a consultant basis, from our administration. I will answer any questions that you might have. Commissioner Regalado: OK. This is a public hearing, so -- do we have a motion on Item 11? Or is the wish of the Commission to defer? Commissioner Sanchez: So moved to approve. Commissioner Gonzalez: Second. Vice Chairman Teele: Is that -- what, to approve? Commissioner Sanchez: Yes. She's answered all the questions. Vice Chairman Teele: Mr. Chairman. Commissioner Regalado: Yes, sir. Vice Chairman Teele: I think, given the fact that we're under HUD discussion on this, we need to make sure everything we're doing is strictly -- is this a public hearing? Ms. Rodriguez: Yes, it is. Vice Chairman Teele: I don't think you can have a motion until you've heard from the public. Commissioner Sanchez: He's called for a public hearing. Nobody came to speak. Commissioner Gonzalez: He called for a public hearing. Commissioner Regalado: I called for the floor -- Chairman Winton: We have a motion -- it's not a vote. Commissioner Sanchez: Public hearing has been announced, and no one has come up to speak. Commissioner Regalado: We just need a motion to start the motion for the public hearing. Commissioner Sanchez: I believe -- 108 December 12, 2002 Vice Chairman Teele: Oh, this is a motion to allow the public hearing? Commissioner Regalado: Yeah. Commissioner Gonzalez: Yeah. Commissioner Regalado: It's a motion to approve, and then start the public hearing. Mr. Vilarello: You can consider a motion, and then open the public hearing. Vice Chairman Teele: Mr. Chairman, I think the motion would have been the motion to begin the public hearing, or you could do it unilaterally as Chairman. But I know there are a lot of people who want to speak in favor of refocusing this, and I just didn't want the record to reflect that we cut them off or, in any way, inhibited their (INAUDIBLE). Commissioner Regalado: No. This is the public hearing, and we're ready to -- Chairman Winton: But isn't the motion to -- what was the motion? Commissioner Regalado: The motion was to approve. Commissioner Sanchez: Approve. Chairman Winton: As recommended by staff. Commissioner Regalado: It only opened the door -- it opened the door for a public hearing, the motion. Vice Chairman Teele: But, Mr. Chairman, in strict conformity with Federal rules, you cannot have a motion to approve or disapprove until you've heard from the public; otherwise, the public hearing is sort of a nullity. So, I would ask that the motion be withdrawn, respectively, allow the public hearing to go forth, and then, whatever motion, based upon the public hearing, the maker would like to do, I don't have a problem with. Commissioner Regalado: No problem at all. Commissioner Sanchez: I withdraw the motion. But it was my understanding that you called for a public hearing and no one came up to speak, and that's why I made the motion. Did you call for a public hearing? Commissioner Regalado: Yes, I did. Yes, I did. Commissioner Sanchez: Is there someone here to speak on -- OK. So, I withdraw the motion and I allow the public an opportunity to speak. 109 December 12, 2002 Commissioner Regalado: OK. Your name and address, sir. Go ahead. Sir. John Muhammad: Yes. Good afternoon. Thank you. I'd like to thank the Commissioners for -- Chairman Winton: Name and address. Mr. Muhammad: -- giving this opportunity to come before you. Commissioner Regalado: Your name and -- Mr. Muhammad: I'd like to bring everything back into perspective. Commissioner Regalado: Excuse me. Name and address. Mr. Muhammad: Excuse me? Commissioner Regalado: Your name. Mr. Muhammad: Oh. My name is John Muhammad. I'm the Chairman for the Miami -Dade HIV/AIDS Partnership, and I came here representing the Partnership and its position on the item before you today. I just like to bring us back into the proper perspective. What we came here for today is to share with you some information. That information was to inform you that we had met with the City administrators, and they -- we were all in a meeting with the AIDS Housing of Washington, which we asked for. The Partnership asked for their technical assistance, which they gave us. And Ms. Rodriguez came to the Partnership meeting Monday. Part of her presentation was to bring forth what the items are that -- today that she brought forth. We explained to her that, at this particular time, we would prefer that we be a part of that process, which we have in place. We have a planning process, and when that planning process isn't followed, you know, you have problems. We have before you here -- we just have this document, HIV/AIDS Comprehensive Plan from Miami -Dade County. This is a Comprehensive Plan taken in light of all the funding streams that we pulled together to plan effectively for all services and care for people living with AIDS in Miami -Dade County. Commissioner Regalado: Excuse me. Mr. Muhammad: We informed them -- Commissioner Regalado: I just want to say -- I don't mean to be rude. But we're going to have a time limit of three to four -- Mr. Muhammad: Yes, sir. But I'm trying to make a point here. The item before you today, we understand that those services are still -- they still come under the line of prevention in education for those particular agencies. We ask for the deferral today and not to have a motion or move this item forward for approval until it's brought back, so we can go through the process with AIDS Housing of Washington, the Miami -Dade HIV/AIDS Partnership, and to look over the 110 December 12, 2002 whole grant or movement, which you plan to move forward today. We feel that this time is not beneficial to the people that's living for AIDS in Miami -Dade County. Commissioner Regalado: Thank you. Anybody else? Ma'am. Your name and address. Venessa Mills: Yes. Good morning. My name is Venessa Mills. I'm the Chief Executive Officer of a new people living with HIV/AIDS, Community Based Organization, and I'm a resident in the City of Miami. I would like to first apologize to the Commissioners this morning or this afternoon, rather -- I was here since this morning. It's been a long day. I would like to apologize to you, if you feel offended. And I would also like to apologize to Ms. Rodriguez. Because we're not here to attack. We're here to work together. I'm a woman living with HIV/AIDS, and I'm here to advocate in behalf of people who are homeless, people who need housing, and people who need services in order to have a better life living with HIV/AIDS. Not only is medical care very important to us, but so is housing. I'd just like to briefly get to the points that I'd like to make. And my first concern is that if we don't defer this matter, that our scarce and limited resources will not be used in the most efficient and the most effective manner. We are about to -- if you pass this proposal, you're about to allocate almost three point three million dollars ($3,300,000), and we should be very mindful of how we do this. Nine hundred and ninety-eight thousand dollars ($998,000) of that money will be spent in administrative costs. That's 30 percent. That is excessive. I ask that you take a look at it. If we perhaps look at some type of fixed costs for a case management service, the 430 clients -- almost 450 clients that we will attempt to use these dollars to provide services for, we could do it with nine case managers, at approximately fifty thousand dollars ($50,000) for each case manager, and save four hundred and fifty thousand dollars ($450,000), which would not be used for admin costs, but could then be used for direct services for housing. We could have dwellings for people to live in with that money. Every penny could help us. My second point of contention today is that the only agency that has any experience in providing housing service, out of the four agencies that have been mentioned this afternoon, is Greater Bethel Arms. They have experience. That's -- I'm just going to be frank. That's a lot of money to allow inexperienced people to manage. Furthermore, I'd like to say, they're very experienced in prevention. Positive Connections has a great program for prevention and support groups. I'd like to say to you that these are federal funds and federal dollars for people like myself and people in the audience living with HIV/AIDS, that there should be some fair competitive process should be taken into account. These dollars, there must be a process. I would ask that you defer this item on the agenda until HUD, the Miami -Dade HIV/AIDS Partnership, the PWA community, engage in a comprehensive planning process, where we could sit down, come up with some competitive RFP (Request for Proposal) process, and that this could be proposed to the community, and then you could get the best people to do the best j ob so that we could get more bang for our buck. Thank you. Chairman Winton: Mr. Chairman. Commissioner Regalado: Thank you. Chairman Winton: Mr. Chairman. Commissioner Regalado: Yes, sir. 111 December 12, 2002 Chairman Winton: I would like to respond to this lady's comments, and to the first person who introduced this subject. Commissioner Teele made reference to it. He said that I had been quoted in the newspaper, and the quote in the newspaper -- I didn't see the quote yet. I know what I told the reporter. But the reporter called me and said, "You understand the details of this controversy that's coming from the HIV community and your CD Department?" And I said, no. It's more complex than I understand. I don't know who's right. I don't know who's wrong. And my view is, we need to put them in a room, make them sit down together, and work this out. And that was my position coming in. But your first speaker, I'm a human being. I've got feelings. Ms. Mills: I do apologize on behalf of the agency -- Chairman Winton: Somebody sticks -- hold on. Hold on. Hold on. Commissioner Regalado: Excuse me. Excuse me. The Commissioner is using the floor. Chairman Winton: Somebody sticks me with a pin, I feel it. Somebody punches me in the nose, I feel it. Somebody punches me in the nose, usually I punch them back. And as compassionate as I may want to be, I will tell you that your first speaker lost me completely. My view coming in here was, put them in a room. Let's work this out. There is a right answer to this. But we who have to make public policy here, we are still also human beings and we have feelings and thought processes, as well, and I would hope that, at the end of the day, we do put the people together, but I will tell you that whether it's on our side or the other side, you cannot have a pit bull sitting in the middle of the room and get anything accomplished. Ms. Mills: I agree one hundred percent. Chairman Winton: You did an outstanding job. It brought me back. Ms. Mills: I would like to tell you, I am the face of AIDS. I am the face of AIDS. My best friend passed away at 8:39, December 5th, from HIV/AIDS. She's a face of AIDS. Peeker, Johnson, Hobson, and I, we are the African American women who are living with HIV/AIDS. I'm very fortunate today. I've been able to go back to school, get a degree, work on a master's program, but there are those who are less fortunate than myself, and this was Petris' job, to stand in front of the Commissioner and tell you, she's a woman living with HIV/AIDS. I never thought it was my job. I do apologize for any offense, but everybody doesn't speak for our community. We're not here to offend. We're here to ask you to help us to help ourselves. Chairman Winton: Well, my point is, you brought me back to the table. So, thank you. Ms. Mills: Thank you. Commissioner Regalado: Thank you. (APPLAUSE) 112 December 12, 2002 Commissioner Regalado: Ma'am. Lucille Gadlin: Greetings, Commissioners. My name is Lucille Gadlin. I've been living with AIDS since 1984. I am a client of movers, under Pastor McCray's leadership. I come here today speaking on behalf of the clients that's laying in the hospital with a terminal illness concerning this disease. Also, the clients that's in drugs institutions. However, y'all cut the Short Term Program out. I am also a client of HOPWA, long-term. I was in treatment -- got out of treatment, into short-term, into long-term to better my life. Taking my medication, getting my proper rest, going to the doctor, and necessary things that I need to do to stay healthy with this chronic disease. However, I'm coming to express the point that people need you to decide upon their life while they still living. Because when they -- some people just -- God touch they heart and they want to live right. They go into treatment. When they come out the treatment, they filling up Salvation Army, Camillus House, because they don't have no other alternative. Because you disrupted the Short Term Program. These people need somewhere to live. We already have prevention. We need somewhere to live mentally, physically, and we need an organization to lead us and guide us spiritually. Thank you. Commissioner Regalado: Thank you. (APPLAUSE) Commissioner Regalado: Sir, your name and address, please. Reverend Dwayne Gaddis: My name is Reverend Dwayne Gaddis, address is 245 Northwest 8th Street. And I stand just to speak briefly on behalf of one of the three organizations that's been providing services under the previous arrangements. In particularly, Greater Bethel HIV/AIDS Program. I'd first like to say that we did meet with the City and, of course, once we heard what the issues were involved, we went back and did a fine tooth comb of our records, and what we found is that the two years that we are concerned with regarding HOPWA dollars is that we did assist approximately 170 persons with housing. The second part, I think that's here today -- I can't speak for the other three organizations, but Greater Bethel does it -- have experience in terms of assisting persons with housing, not only as a part of HIV/AIDS Programs, but also in the shared relationship that we enjoy with BAME (Bethel African Methodist Episcopal) Development Corporation, not only with the 12 beds that we have at Bethel Arms, but also another 25 spaces that we have at Miami River Park. I share some of the sentiments that I've heard today, but I also know that since the end of our contract period, as it's been stated earlier, that funds have been frozen. But Greater Bethel's commitment to this issue has risen beyond that, because we have continued to fund -- in fact, we have hired a housing specialist, have sent that particular individual to the appropriate training, and have positioned ourselves to move forward with the process. I just appeal to the Commissioners that, if there's a great need, we stand ready to provide that need and any more delays will mean a delay in persons who need services receiving them. Vice Chairman Teele: Reverend, let me -- may I, Mr. Chairman. 113 December 12, 2002 Commissioner Regalado: Yes. Vice Chairman Teele: Thank you very much for coming in. And I want to thank you for continuing the tradition that Greater Bethel has had. And being familiar with the A.M.E. Process, I know the continuation is really important, because you could go in a different direction. You've made two comments, though, that I need you to explain. Number one, you said the funds have been frozen. Are you all now not receiving -- I know you received funds last year. When did your funds get frozen? Reverend Gaddis: Our funds were frozen at the -- well, at the point that should have been renewed or we appeared for renewal and that vote was passed. So effective, I believe, October 1st, we've been receiving no funds. Vice Chairman Teele: So, as of October 1st, you have not been funded? Reverend Gaddis: Exactly. Vice Chairman Teele: And what about the people that you were serving? Reverend Gaddis: We've continued to serve the people. We have subsidized the program, via funds from our church piece. Vice Chairman Teele: You're in a very interesting position, and you, really, I think, can provide us probably with as much insight as anyone that can speak today. You've heard the concern of a lot of people today about the lack of a full and inclusive planning process. Would you like to comment on whether or not, if we were to defer the program for, let's say, 90 days or 60 days, and review the planning process so that we are clearly in compliance with the federal guidelines, do you think that could be helpful or harmful or how would you characterize that? Let me tell you what I would like to see. I would hope that the people that had been funded as of October 1, would have received -- in Washington we call it a "Continuing Resolution." In other words, you get your pro rata each month so that you're not stopped. And if we were to instruct the staff today to go back and start the process over, the planning process, and et cetera, and to come back to with us, you know, with the appropriate consultants, et cetera, and not out of HOPWA dollars, but those organizations that this Commission had previously voted to fund would be authorized to continue to provide the service, effective October 1, for an additional 90 days. So, we'd be saying all of December, January, February. So they would be funded for -- through February. Is that sort of a middle ground that you could live with? Reverend Gaddis: Yes, sir. Vice Chairman Teele: And, so, what I'm saying is that we have already voted to fund -- I think Ms. Rodriguez said four organizations, and if we were to defer the program and instruct the staff and consultants to go out and retool the planning process -- and maybe it comes back just like it was. Maybe some changes. I'm not trying to say that something ought to change. I'm just saying that we ought to at least listen to the public on that. But in the ensuing process, those four organizations that are funded would have a pro rata based upon today's date, through 90 days -- 114 December 12, 2002 let's say through February, retroactive, of course, back to October -- does that seem to be middle ground that you could live with? Just speaking for your organization. Reverend Gaddis: There are several points, I think, Commissioner. One is, we don't currently have a contract, at all. Vice Chairman Teele: But, see, I have a concern about that. So, I'm sort of saying, you should have a contract, but I don't want to make that decision. I want Ms. Rodriguez to explain why you don't. But if we were to say to extend the program for 90 days, as up-to-date, through February, but retroactively taking everybody that was funded from October 1 to the extent that they -- now, you can't get money if you didn't provide the service, or you can't show proof that you provided the service, but within that law. Would you have a problem with a deferral of the program, but extending the current providers for 90 days? Reverend Gaddis: I wouldn't have a problem with that, under the provision that the funds that we would receive, obviously would be applied appropriately, based on the services that with eligible for those dollars. Vice Chairman Teele: OK. Reverend Gaddis: I wouldn't have a problem with that. Vice Chairman Teele: Thank you very much. And your testimony is extremely helpful. Commissioner Sanchez: Are you referring to the four agencies that were approved, supportive housing category? Vice Chairman Teele: I'm referring to the four that Ms. Rodriguez said had been previously funded. Commissioner Sanchez: That are on this resolution -- that are on this item, 11. Vice Chairman Teele: On Item Number 11. And I think it was done in July or some -- Ms. Rodriguez: There are three service providers, Bethel AME, Community AIDS Resource, and Center for Positive Connections that do not have a contract. Those were agencies that had applied for preventive education. We've been working with them, explaining that they cannot do preventive education, that they can be trained to do long-term housing, Greater Bethel have continued providing those services. And what you have here is those three agencies that we are recommending them to do long-term housing through September 30, 2003. Vice Chairman Teele: And Ms. Rodriguez -- Ms. Rodriguez: The fourth contract that -- the fourth agency that does not have a contract is a consultant that was discussed with AIDS of Washington, the consultant that HUD assigned to the City, free of charge, that is coming out of our administration, which is Apple Tree Perspective. 115 December 12, 2002 Vice Chairman Teele: Ms. Rodriguez, the only thing that I'm -- I think I'm saying, and maybe I said four when I should have said three, is that the challenge is so fundamental to what we've done that I don't see any way we can cure or at least satisfy ourselves that we've looked at this. Because the challenge is on the planning process. You know, it's not on the contract. It's on the planning process. And the only way to cure the planning process challenge, in my mind, is to go back with the consultants, and to take another look at the planning process and to redo it, if necessary. That doesn't mean that the three organizations that are being recommended coming out of the planning process won't be recommended again. It doesn't mean that they will be. But I think we have to listen to the public, that we've got to listen to that. And what I'm providing is that if we extend those contracts, if we do that, and give them 90 days -- Ms. Rodriguez: But we would have to give them clients in order to justify the services that they're going to do. And what we -- Vice Chairman Teele: They don't have clients now? Ms. Rodriguez: The clients that they have are not the part. We're paying the landlord payments for them, and what the complaint that Reverend Gaddis is getting from the clients is, why, if I'm coming to you, do I have to go to 36th Street, to the City of Miami, to get the services? What we told the Partnership is, let's start the planning process in February. Let's do in January the Emergency Program. Let's start the planning process in February. And whatever comes out of that planning process, we will implement for the New Year. This will give us an opportunity to work with the Partnership, to work with the consultant, and to hear from the public. But I think that to have people -- and I'll give you an example. We have a group of people coming from Homestead, Florida City, to 36th Street. What we're saying is, we might not have the perfect system, Commissioners, and what we're saying, we're willing to work with the Partnership. We addressed the Partnership in Monday of this week. And we said, we'll start working with you. We've got the consultants here. They came to Miami. Tomorrow is the next meeting. We've got this consultant, that that's her expertise. Let us work with you, effective January. But don't penalize these clients coming from South Dade to our office, or from Reverend Gaddis' shop to our office, because they need us to pay their landlord payments. So, I'm not telling you that it's the perfect system. I'm saying, let's work on a planning for next year. You're talking about three agencies. You're talking about 150 clients, 50 each in their expertise and in their areas. And we'll work with them. We'll put an RFP out and we'll let everybody bid for it, whatever comes out of the planning process. Commissioner Regalado: Vice Chairman Winton. Chairman Winton: Mr. Chairman, you know, we've listened to this for 45 minutes, almost an hour now. I can tell you, I have no unearthly idea what the right next step is here. I don't care what -- you know, I don't care how much more testimony -- I don't know what the right next step is. And, so, it seems to me that what we might consider doing, unless this action would cause great harm to somebody over the course of this period that I'm going to recommend, but it seems to me that what we really ought to do is direct the groups that have an interest to get together with our staff, defer this item until the very next Commission meeting, have them all come back 116 December 12, 2002 as a team and tell us what action, specifically, they want us to take in regard to this, whether it's short-term, intermediate term, long-term, but as a team, come back to us. Because I'm going to - - we're going to sit here and listen to everybody else. I'm still not going to know what the right thing to do is, and I'm not sure anybody is. And that's why I am suggesting that they go away, come back in two or three weeks, and we will readdress this issue, and hopefully there will be a team that's here telling us what they want us to do. Vice Chairman Teele: Mr. Chairman. Commissioner Regalado: Yes, sir. Vice Chairman Teele: I think Commissioner Winton's recommendation makes a lot of sense. We obviously don't want to do something in a hurry. We want to give a thoughtful consideration. Commissioner Sanchez said two years ago, and every time it comes up, he says this is a lot more complicated than it appears. This is extremely complicated. There doesn't seem to be a right answer. There just seems to be the answer that is legally acceptable, that maximizes the dollars and minimizes the negative impact. I can live with your recommendation, under -- Mr. Attorney, you need to listen -- under one condition, that we appoint an ombudsman Chairman Winton: Yes. Vice Chairman Teele: -- that comes from the City Attorney's Office -- Chairman Winton: Yes. Vice Chairman Teele: -- that is full-time on this item, starting today, until the next meeting. And let me tell you what this means. It means that Christmas, New Year's, Kwanzaa, and Three Kings is out for somebody. Because there's no way we can engage the public between now and - - when's the next meeting, January 9th? Commissioner Regalado: Eighth. Vice Chairman Teele: January 8th, without a whole lot of people in the City giving up a lot of time. But I think we owe it to the HOPWA community -- because they've got HOPWA, Christmas, New Year's, Kwanzaa, Three Kings and all. So we owe it to the public to at least engage everybody in this process. So, Commissioner Winton, I would be more than happy to second the motion, provided there is an ombudsman -- Chairman Winton: I completely agree. Vice Chairman Teele: -- who is going to facilitate or coordinate that -- working with the Community Development, but the tension that we all hear between the community and Community Development is not fair to Community Development and it's not fair to the community if we don't inject someone else in here, at this point. And, obviously, I would like to also add that we should use consultants, but I would like to pass a resolution that none of the 117 December 12, 2002 consultant money will come from HOPWA funds. It will come from some other source of money because we don't need -- I want to give the staff the resources that you think you need, but I also want to not give anyone rise to say that we're expending dollars that otherwise could be given for services. So, I don't know if the Commission feels strongly about that. Chairman Winton: I agree. I agree. Commissioner Sanchez: My only concern is that the time frame, that whatever happens, if you don't affect the people that are waiting for the next cycle of funds to come in. Chairman Winton: Agree. I agree with that point a hundred percent. Commissioner Sanchez: OK. That's the only concern that I have. And the thing is, you continue to have -- add layers of bureaucracy, more organizations who want to get involved in the progress, and then it makes it much, much harder to come to an understanding or an amicable understanding, and then the process continues to go. And then the people that are out there, that are the ones that are in need end up, you know, the money doesn't come to them. And then you're going to have not only 50 people. You're going to have 2,000 people here, because it's an issue that, for two years, we just continue to add a Band-Aid to it and we don't deal with it. It's just -- "It'll go away, you know." And that's been an issue -- trust me, AIDS will not go away. Chairman Winton: But, see, my -- it seems to me that if this is done properly this go round, this group will come back to us and they will make some very short-term recommendations. They will make some recommendations that's kind of mid-term and they'll make a different set of recommendations that are longer term. And they're going to be looking out for the interest of making sure that people that need something tomorrow don't get left out, and we're all concerned about that. So -- Commissioner Regalado: OK. We close the public hearing. This is a deferral, a vote for a deferral. Commissioner Sanchez: There's a motion on the floor. Vice Chairman Teele: Mr. Chairman, this is a motion to defer the item to the next meeting of January the 8th -- the 9th. Commissioner Regalado: The 9th Vice Chairman Teele: Do we know where that meeting's going to be held? Commissioner Regalado: No. The next Chairman has to decide. Commissioner Winton will decide later tonight. Vice Chairman Teele: To January 9th; further requiring that the City Attorney, working with the City Manager -- further requiring that the City Attorney, working with the City Manager, will 118 December 12, 2002 designate a person from the City Attorney's Office who will be full-time, as an ombudsman, to facilitate, liaison and communication and to be present at all meetings; that all meetings shall be publicly noticed, and held at a place that is convenient and published. And I would recommend, respectively, that the Knight Center -- Commissioner Sanchez: Is there a time frame? Vice Chairman Teele: They've got to do all this before January the -- Chairman Winton: Ninth. Vice Chairman Teele: -- 9 t Commissioner Sanchez: Ninth? OK. Vice Chairman Teele: And with all due respect, to further request that the Manager and Attorney give recognition to the City staff or to provide some way to acknowledge the City staff that will be working through the holiday period to try to bring this issue to some resolution. Commissioner Regalado: OK. Commissioners, we have a motion. Reverend Gaddis: Who funds the program in the meantime? Commissioner Regalado: I'm sorry? Reverend Gaddis: Who funds the program in the meantime? Commissioner Sanchez: There isn't going to be -- Vice Chairman Teele: Well, we're talking now -- Commissioner Sanchez: That's the issue here. Vice Chairman Teele: We're talking now about three weeks. Commissioner Sanchez: That's the issue. But, see, here you go, you know. Listen, I want to work with you, all right? I may not agree with you, because I think, in the long run, the people that are in most need are not here today saying, "Hey, what's going to happen if this bubble of bureaucracy can't come to an agreement?" You're going to have people that are in need -- Chairman Winton: What do we need to pass -- Commissioner Sanchez: I think this is good. Chairman Winton: -- for tomorrow? 119 December 12, 2002 Commissioner Sanchez: I think this is good. Come back January -- if you don't, then we need to have a special meeting to address just this issue. Because, you know what? If we don't address this issue and find a solution, it's going to continue to get worse. Chairman Winton: I don't -- none of us are disagreeing with that point, at all. Commissioner Sanchez: You know what's coming next year (INAUDIBLE) Chairman Winton: I'm not disagreeing (INAUDIBLE). Commissioner Regalado: No, no. What John's asking, what do we need? We need a continuing resolution. In order for the administration to disperse funds -- Chairman Winton: Maybe there's a second resolution that needs to come up that you (INAUDIBLE). Vice Chairman Teele: My resolution has nothing to do with funds. Chairman Winton: Right. Mr. Vilarello: Mr. Chairman. Vice Chairman Teele: Once you start spending money, you basically have gone -- Mr. Vilarello: Mr. Chairman. Commissioner Regalado: Yes. Mr. Vilarello: On the motion that's on the floor right now -- Chairman Winton: How do we do that? Commissioner Sanchez: Can't do it. Chairman Winton: OK. Let's call the question on this issue. Mr. Vilarello: On this particular motion, you asked for a published notices with regard to the meetings. We have a very short time frame. Chairman Winton: Yeah. Probably (INAUDIBLE). Mr. Vilarello: Posting notice and making sure we have the names of all the individuals and we get notice out (INAUDIBLE) Vice Chairman Teele: Posting notice, not publishing. Posting notice and, whenever feasible, publishing it. But posting notice. 120 December 12, 2002 Chairman Winton: Yeah. Commissioner Regalado: OK. We have a motion and a second. All in favor -- the second was Commissioner Sanchez, was it? Commissioner Sanchez: My resolution is, if, on that date, there isn't an agreement -- Chairman Winton: No, no, no. Commissioner Regalado: No, no. Chairman Winton: The resolution was to defer this item for the 9th. That's what we're voting on right now. Commissioner Sanchez: Yes. Commissioner Regalado: OK. Commissioner Winton moved it. Commissioner Sanchez seconded it. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Chairman Winton, who moved its adoption: MOTION NO. 02-1302 A MOTION TO DEFER CONSIDERATION OF PROPOSED AMENDMENT TO RESOLUTION NO. 02-777, ADOPTED JULY 8, 2002, RELATING TO FUNDING FOR THE 2002-2003 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 9, 2003 IN ORDER FOR THE CITY'S COMMUNITY DEVELOPMENT STAFF TO MEET WITH THE INTERESTED HOPWA GROUPS AND COME BACK TO THE COMMISSION AND REPORT WHAT ACTIONS THEY WOULD LIKE TO SEE TAKEN; FURTHER DIRECTING THE CITY ATTORNEY TO WORK WITH THE CITY MANAGER AND DESIGNATE A FULL TIME OMBUDSMAN TO SERVE AS A LIAISON TO FACILITATE AND COORDINATE MEETINGS BETWEEN HOPWA GROUPS AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT, ASSURING PROPER POSTING AND PUBLISHING OF MEETING NOTICES AND ASSURING THAT MEETINGS WILL BE HELD AT A CONVENIENT LOCATION; FURTHER REQUESTING THE CITY MANAGER AND CITY ATTORNEY ACKNOWLEDGE CITY STAFF THAT WILL BE WORKING THROUGHOUT HOLIDAY SEASON ON THIS PROCESS. 121 December 12, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: Thank you. You will be informed. Item 43, City Manager. The gateway to the City, the Miami River Mural, One Miami Project. Carlos Gimenez (City Manager): Yes, sir. Mr. Chairman -- Vice Chairman Teele: Mr. Chairman, I've been asked by the City Attorney to announce, before anybody leaves -- hold it, hold it, hold it -- on this HOPWA item. If you want to receive notice, please sign up with the Clerk's Office over here so that they can contact you and let you know about -- right down here -- on any meetings, if you would like to be noticed. That is to receive some type of formal notice. And Pastor McGray, thank you for being present. 21. AUTHORIZING $4,160,000 GRANT TO RELATED GROUP OF FLORIDA, INC. FOR SPECIFIC PURPOSE OF CONSTRUCTING GREENWAY AND RIVER WALL AS GATEWAY TO CITY AS PART OF ONE MIAMI PROJECT LOCATED AT THE MOUTH OF MIAMI RIVER; ALLOCATE FUNDS FROM SOURCES SPECIFIED BY MANAGER. Chairman Regalado: Mr. Manager. Carlos A. Gimenez (City Manager): Yes, sir, Mr. Chairman. At the last Commission meeting there was a presentation done by the Related Group proposing an enhanced greenway and gateway to the City of Miami at the location of their new development. We were given direction to work with the Related Group and look at their plan and come back with a recommendation and also funding sources for the creation of this new Greenway and Gateway to the City of Miami. We have done that. There is a substitute legislative item that you should have in your possession, which changes the language a little bit from what was in the agenda package, and the administration recommends the approval of the substitute legislation in the amount of $4.16 million, and the funding will come from basically Commissioner Winton's allocation of the Homeland Defense Bond project. We will also make every effort to obtain grants, and if we are successful in obtaining those grants they will replace the funds from the Homeland Defense. Vice Chairman Winton: And actually, the discussion that I had with the Manager was a little different than was just presented and I want to give some history on this issue. Is Commissioner Teele here? If you all remember, you know, for the last three years, we've all been trying to 122 December 12, 2002 figure out how we were going to get real development started in the core of downtown because we hadn't had any development, not a single building built in downtown Miami for almost 20 years, and you also remember that -- was it a year ago now? I guess a year ago this last November, we put an issue on the ballot to create a vehicle that would allow us to provide incentives to developers and business owners that we wanted to attract for certain target zones within the City from an economic development standpoint and that tool was an ad valorem tax forgiveness or abatement program, and that program would allow us to forgive real estate taxes above the base increment, wherever that may have been, for a period of up to ten years, and a number of you, Commissioner Sanchez, you had the development summit downtown that you were Chair of two years ago and I remember, we all talked about the need to create this economic tool, so we finally got that tool. As we were in the process of promoting that tool last year, I think a lot of us were out begging developers to come into the core of downtown Miami and one of the commitments we made is that we would bring hope to get the voters to accept this ad valorem tax forgiveness program, which would be forgiveness up to ten years on the added value of the real estate and so we were begging developers to come in and said here are one of the tools we can use. Now, if you use that tool on this particular project, I think the Manager estimated that at the very beginning, when this project was first finished, it's probably going to add something in the neighborhood of $2,000,000 per year forever, starting point $2,000,000 per year to our tax base, and so that was the tool that we were using to entice developers to come into downtown and we told the development the community also that everybody's not going to get this. The first two or three guys in town are going to get it and the rest of them aren't going to get anything because we won't need it anymore. The market would have been established. The comparables would have been established. The base market line would have been established so that the bankers would understand where the market is. The developers would understand. You would know what kind of sales prices you could get, what kind of rental prices, the whole shooting match, so we enticed the first developer, in almost 20 years, to come into downtown and that was George Perez, and this tool was one of the tools we were telling him we would bring to the table if he would please come into downtown Miami, but we didn't have that tool in place for him to utilize immediately, so on good faith he accepted the City's commitment that we would provide some sort of assistance to him. Now, when George started this project, it was a rental project, if you all remember, but he determined that from a market standpoint he thought he could make this really work as condos. Well, condos, we all want more than we want rentals anyhow, but condos don't qualify, because of a quirk in the state law. Condos won't allow us to use that economic development tool, so that -- but had that tool still been used, we would have been willing, probably at the bat of an eye, to forgive 10 to 20 million dollars in ad valorem taxes, so, that isn't what's come to the table. What's come to the table was a request from the developer. Look, I don't want 10 to 20 million dollars, but I do want some support here that's going to help make this project successful, and one of the things that I think will really make this project successful is dramatically enhancing the street level, ground level public sector part of this project that will make, not only my project look better, but all of downtown look better. The entryway from the mouth of the river into downtown Miami will make that look better and it will be improvements that the entire public can enjoy, and what we really need is only 4.2 million. We don't need ten or twenty million. The problem then becomes, well, where the hell is that money going to come from, because we don't have an economic development tool to use, which is ad valorem tax forgiveness, so I told the Manager, use the bond allocation, the 10,000,000 that was allocated for downtown Miami, but what I think would be both appropriate 123 December 12, 2002 and fair is to -- that to be a loan and get that 4,200,000 back, not out of grants. I mean, I don't care if they get grants, but out of the ad valorem tax revenue that comes in the first two years from the project to replenish that account to be used again for infrastructure improvements or the same economic development incentives that we've used to get this kind of development, so that's what I envisioned out of this whole thing, that's both the history and the process that got us to the point that we are today and I just see the last piece of this a little differently than the Manager, and that I'm requesting that the Commission consider pouring 50 percent of the as valorem taxes, the new as valorem taxes to come out of this, back into the pot for infrastructure improvements downtown and so that might take three or four years to replenish that board but that's OK, and so that's where we are and I guess then, that said, is there anything else to say? Mr. Gimenez: I think you said it all. Vice Chairman Winton: So I will make that motion. Chairman Regalado: OK. We have a motion and a second. Commissioner Sanchez, Commissioner Teele -- Commissioner Sanchez: Well, Commissioner Winton focused on establishing a market. As you know, we are working on creating -- turning downtown into a place where people want to come, move in, live, work and play, and when you talk about redevelopment of downtown, you certainly aren't going to do it by trying to have developers roll the dice, 50 -- I would say, maybe a 30 to 70 chance of not succeeding, but the issue here is not us putting in $4.1 million into -- giving it to a developer; it is improving an area, and basically creating a gateway that's going to bring people from one area that has blossomed, which is Brickell, where they will walk over and drive over, and maybe in the future, fly over into downtown, or take a boat downtown, because we're basically focusing on all means of transportation, but also focusing on the future infrastructure of the City. A bay walk is a necessity, along with greenways, for people to walk and enjoy the natural beauty that exists in our city. Biscayne Bay, people will have an opportunity to go over that bridge and take that bay walk, and explore beautiful art, and walk down into our Bayfront Park, and go to Bayside, and walk over -- go to the American Airlines Arena, and go over to Bicentennial Park, which hopefully, in the future, we will bring great museums and have a world-class park in that area, so this is a step in the right direction to take downtown so one day, it could be compared to downtown, such as, you know, New York, Manhattan, and you know, great cities that have had luck. I mean, we're a young city, when you compare yourselves to all these cities, so I see this as a good investment. I agree with you, Johnny, and I've always disagreed with you when you made the statement, "Well, you know, most of the revenues that come to the city, come out of my district," and he's right, but we have to spread it, because we have needs in our entire district, but here, you know, you're right, the money that you're putting out of your bond money, I could certainly support, you know, 50 percent going back, as long as it goes into development, and fixing the infrastructure of downtown Miami. I hope you heard that, Johnny. You didn't hear that. You know, every now and then, I -- Chairman Regalado: OK. 124 December 12, 2002 Vice Chairman Winton: Yeah, I'm not -- Commissioner Sanchez: Every now and then, I compliment you -- Vice Chairman Winton: I listen to you, guys. Chairman Regalado: OK. Commissioner Teele, you wanted to add -- there's something that I want to say, just that I enthusiastically supported the concept when it was explained to us at the Gusman or the Artime, I don't remember. The only thing I told the Manager is that I thought that we should not present this as a grant to a developer, because after all, this is something that we ought to do anyway, a gateway on the mouth of the Miami River, a boardwalk that would connect Brickell to the Omni, through Bayfront and Bicentennial, the park, the Museum park, so I will support this, as long as we know and the people of Miami know that this is public boardwalk; that this will be for the public and for the tenants to use, and also that we are committed to follow the path of this boardwalk throughout the Intercontinental, the Bayfront, and Bicentennial, to the Omni and Margaret Pace Park. I think it's something that we all dream that someday will be done. Anybody else -- ? Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I really would like to hear my colleague Commissioner Gonzalez, his views on this, because I had some discussions with the management, and while I fully support this project enthusiastically, I was concerned about the sources of the money, and I think it's the unintended consequences -- if I may, and the Sunshine Law doesn't allow me to talk to Commissioner Winton, and I know somebody (UNINTELLIGIBLE) why didn't those guys work it out before they got here? They (UNINTELLIGIBLE) support it. We can't work it out, so that's why this communication thing, unless you use lobbyists, and that's also illegal too, but everybody does it, but I don't, so here it goes, Johnny, the concern that I have is this: I'm concerned about anybody that may be cued up on the side over here worried about greenway. Vice Chairman Winton: I didn't hear you. Commissioner Teele: I'm concerned about -- not about the dollars, but the sources of the dollars, and while I'm prepared to support this as presented, I would like to ask the staff to go back and look at restructuring this by -- the 2.96 from downtown infrastructure is fine, but the four hundred thousand of greenways and the eight hundred thousand from gateways, I think, has two potentially negative implications. Mr. Gimenez: Commissioner, there's a $10,000,000 allocation for the downtown infrastructure. There is capacity within that. You don't want to use the greenways or gateways. You can use the downtown infrastructure to make up the difference. Commissioner Teele: Well, I was going to offer another solution, because I think you've got -- I can accept that. 125 December 12, 2002 Mr. Gimenez: But Commission also -- remember what Commissioner Winton said, that he's proposing that 50 percent of the ad valorem -- the increase in ad valorem taxation from this project go back to replenish the funds, so if it goes back to downtown infrastructure, that would work pretty well. Commissioner Teele: I don't have a problem with it. I do have a problem, though, taking the funds from downtown and releasing the greenway and gateway -- Vice Chairman Winton: No, not at all. Commissioner Teele: -- and I'll tell you why. Vice Chairman Winton: In fact, that's what I suggested. Commissioner Teele: Gateway has an impact on each district. Vice Chairman Winton: I agree. I suggested that we don't use those funds. That was my suggestion. Don't use those funds because they are limited. Commissioner Teele: I had recommended that we even look at the waterfront account, which unfortunately, your predecessor usurped 90 percent of the waterfront for one district -- Vice Chairman Winton: Whose predecessor? Commissioner Teele: So the entire -- think about it, the entire Biscayne Bay, from the city limits to the south, to the city limits to the north, are in one district. Vice Chairman Winton: Includes the river. I think that's -- Commissioner Teele: Yeah, the river is there, and we're not going to give that up, but Johnny, the only think that I'm saying is that I really do think that greenways are something that are -- we've got an impressive greenway program, and somebody's not going to understand what happened, and it could get repeated in the wrong context. Vice Chairman Winton: In fact, I'm sorry that I wasn't clear because what my motion was, is that the $4.2 million come out of the downtown infrastructure component, not 2.6, not -- but the full 4.2, and it simply gets replenished, coming out of 50 percent of the future ad valorem tax when it comes on, until the 4.2 is -- Commissioner Sanchez: Do you want to amend your motion? Vice Chairman Winton: Well, I thought that was the motion I made. Commissioner Teele: This is not what's before us. 126 December 12, 2002 Vice Chairman Winton: No, no. The motion I made is not what's before you. Chairman Regalado: No. The motion he made was to use all the money from the downtown bond infrastructure. He was very clear on that. Commissioner Teele: I'm fine with that. It gets me to this issue that we, as Commissioners, are going to have to come to grips with. I propose, for discussion, a listing and a numbering system, which I didn't come up with, the staff came up with it very simply, but we have to start referring to all of these projects by numbers, and -- so everybody's clear -- Vice Chairman Winton: Agreed. Commissioner Teele: -- on what we're doing; otherwise, we're going to have confusion. Vice Chairman Winton: Agreed. Commissioner Teele: Agreed, so -- Vice Chairman Winton: OK, so I want to be clear -- Commissioner Sanchez: We'll get to that. Vice Chairman Winton: -- though, so you all know what you're voting on? The entire 4.2 million, just shy of that, comes out of the downtown bond allocation. It will be replenished when the project comes on the tax roll. Fifty percent of the increase increment will come back, will be applied to replenish the downtown infrastructure fund until it replaces that 4.2 million. That was my motion. Chairman Regalado: OK. Mr. Gimenez: It should be 4.16. Vice Chairman Winton: 4.16 million. Commissioner Gonzalez: Mr. Chairman, just -- Commissioner Teele wanted to know my opinion on this item, and I'm going to tell you what my opinion was. I wasn't in agreement with the way that this was presented as being a grant, and I'm going to be frank about it. We are constantly crying about this City being the poorest city of the United States. We are the people - - we are the city with the most people with AIDS. We are the city with the most people with hunger. We're the city with most people without a roof. We're the city -- you know, we are constantly crying about the necessities of this city, and to use the word "a grant" to a private developer, to begin with -- I don't know if it is legal. I don't know if it's legal for the City to give a developer a grant, that's one question that I have, so I really -- and I don't know how I can tell the people in my district, which most of them are hard-working people that have to work very hard to pay taxes, and to pay fees, and garbage fees, and fire fees, and all the fees that we impose on our citizens -- how can I tell my residents, well, you know, you got to keep paying 127 December 12, 2002 taxes, and paying higher fees, and paying more solid waste, so we can give a private developer X, Y, or Z $4,000,000 so he can build his building. I mean, I don't think that is going to be very popular out there, and the way that it's being presented now, first of all, Commissioner Winton is going to put up the monies from his allocation to do this project, and then he's going to come back as taxes are incremented. You know, I don't have a problem with that. Now, I feel more relaxed about it, honestly. You know, I heard the comments on the radio and different programs, and let me tell you, people are outraged out there. Ever since this came out in public, people are outraged, but now that we know that eventually this is going to generate new taxes, and these new taxes are going to be used to compensate this money, put this money back into the right accounts, and use it in infrastructure. I think the idea is great, and I think the project is great, and it's not that I don't appreciate what you're doing; I really appreciate it. I can understand from here, I can understand what we're trying to do. I can understand what you, Mr. Perez, are trying to do for the City, and I really appreciate it as a City Commissioner, having a different vision of what is out there than the regular citizens. The regular citizens, they don't look deep into the consequences and the advantages of the future, and they don't look into that. They just look at the present. I'm paying higher taxes; I'm paying more fees, and you giving money away, and you know, that's the way that they look at it, so I'm willing to support it, Johnny, and that is my opinion. Chairman Regalado: Just a note before we call the question. Just a note, that I believe that the Bond Oversight Committee did support that project, and we have a board member here that can tell us. Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am here as a taxpayer, a resident of the City, District 1, Allapattah. Also, I'm a member of the Homeland Defense Advisory Board, and yeah, it's true, we endorse it. I made a motion. I was the person -- the first call at the radio station. Commissioner Regalado was on the program questioning about the $4.6 million, because I didn't know what it was, but on the presentation that they made there and the tax revenue, I think that will be a big return for the City. When you compare the return of the money that we spend at Bicentennial Park, millions and millions of dollars, we are still waiting for that return of that money, and I think I know Jorge Perez, but I don't know. Lobbyist? I am trained as an engineer; I use common sense. As they say, two plus two equal four, and there are people on the board that already had put down payments for condominiums there, so if they trust that, that's -- I don't think they have one favor in any of the developer has done, and we need residential in downtown, and one thing I say, I have to remind there when one district Commissioner propose something, it's good, and it is good for downtown, it's good for District 1, for Sewell Park; remember that, so it goes all the way. It's everybody there, one vote, and Commissioner Gonzalez has to respond to the people in District 1, and the Mayor have to respond to the people in the City, and so far, what I see there, I made the motion. I will repeat it because I didn't know what it was, and the money was coming from different sources, which is good, and I support the greenway (UNINTELLIGIBLE) working on that, too, and those are people -- a lot of people working on that, and that would be good for the City. I already told them I want to reserve my fishing spot there by the sea. Thank you. Chairman Regalado: Thank you. We have a motion and a second. All in favor, say "aye." 128 December 12, 2002 The Commission (Collectively): Aye. Chairman Regalado: It passes, 5/0. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1303 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A GRANT IN THE AMOUNT OF $4,160,000 TO THE RELATED GROUP OF FLORIDA, INC. FOR THE SPECIFIC PURPOSE OF CONSTRUCTING A GREENWAY AND RIVER WALK AS A GATEWAY TO THE CITY AS PART OF THE ONE MIAMI PROJECT LOCATED AT THE MOUTH OF THE MIAMI RIVER; ALLOCATING FUNDS FROM SOURCES SPECIFIED BY THE CITY MANAGER FOR SAID GRANT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, I would like to request that the Attorney, when the agreement is done the language that was used when the grant was given to Lowe's I think for 30,000,000- 40,000,000 for that hotel over there, it basically talked about -- and the Mayor is here and he's sort of an expert - it talked about the public benefit and the allocation of the dollars, the $4,000,000 toward those things that are public, and there's a body of law out there that addresses the concerns that Mr. Gonzalez raised. 22. RESOLUTION APPROVING AGREEMENT TO ENTER INTO GROUND LEASE AND GROUND LEASE AGREEMENT WITH FLAGSTONE PROPERTIES, LLC FOR THE DEVELOPMENT OF WATSON ISLAND. Chairman Regalado: Mr. Manager, Flagstone, 43A. Commissioner Teele: What is this all about? 129 December 12, 2002 Carlos Gimenez (City Manager): Yes, sir. We have before you a resolution, which will authorize the City Manager to execute an agreement to enter into a Ground Lease and a Ground Lease Agreement. And we also have – you should have in front of you an Executive Summary of the proposed transaction between the City of Miami and Flagstone Island Gardens, LLC (Limited Liability Company). If you want, I can go through the entire, you know, Executive Summary, or we're here to answer any questions concerning the project. The Agreement calls for two hotels, retail, including a fish market, a mega yacht marina, and approximately 10.79 acres of upland, and 13.35 acres of submerged land. The – it's in two parts because, basically, the Agreement to enter into a lease will stipulate that there are certain conditions that have to be met by Flagstone and by the City before the property is turned over to the Developer. Basically, it says everything – all the preliminary work has to be done. And then, once the shovels are about to get into the ground, then we execute the lease. That will alleviate some problems that we've had in the past with turning over property to developers at an early stage, and they run into problems and the City can't get their property back. So, that's one way to resolve it, which has been resolved in this particular lease arrangement. The initial Flagstone milestones are due diligence. Flagstone will review the title, survey, et cetera, environmental conditions for a 60 - day period. They will submit – they must submit a MUSP (Major Use Special Permit), four MUSPs within six months, an NOPC (Notice of Proposed Change) within six months. They must apply for approval from the DCA (Department of Community Affairs) to a "Notice of Proposed Change" to amend the Downtown DRI (Development of Regional Impact), and to add a marina as a new use, if necessary. They also, within six months, Flagstone and the City must execute a First Source Hiring Agreement. The Initial City Milestones are: The City has six months, from execution, to accomplish the following, with a three-month extension, and, also, Flagstone can extend the deadline for an additional six months: A Modification of Deed Restrictions. The City will use good faith efforts to cause the State Trustees of the Internal Improvement Trust Fund to release deed restrictions, in order to permit the development and operation of the Project. Tenant Relocation. The City will use good faith efforts to remove all present occupants, including legal action, if necessary. Flagstone Approvals. Flagstone has 12 months, after application, to obtain MUSP approval and NOPC approval. Project Mobilization Milestones. Flagstone has 12 months, after obtaining the MUSP and NOPC approval, to satisfy the following conditions: Construction plans, closing of Initial Construction Loan and equity of 40% of Project cost available, operations team—the hotels, marina operators, and Fairchild Tropical Garden and the Historical Museum of South Florida, assembled and subject to reasonable approval by the City. Construction contracts, hotel management agreements, insurance, foundation permits for at least two major project components, skills training and employment center to be established, and a trust agreement for Civic Arts Endowment Trust must be executed. Flagstone has a floating 12 -month extension period for any – to use on any of its above deadlines, as long as Flagstone is proceeding diligently and in good faith. Outside date of delivery of possession of property is 48 months from execution of the agreement. There's pre -development work that needs to be done. And subject to the City Commission's approval of a license, Flagstone can develop dredging work on the submerged lands, and certain utility relocation and other pre -development work on the upland parcel. If Flagstone defaults, any improvements belong to the City. The security deposit. Upon issuance of any license by the City for pre -development work described above, Flagstone will make a $300,000 security deposit. Upon MUSP and NOPC approval, Flagstone will increase the securities deposit to $500,000. The term of the lease is initially for 45 years, with two 15 -year options to extend. 130 December 12, 2002 The rent. There's construction rent, during construction. There's $1,000,000 per year. There's a base rent that is triggered on the opening of the two hotels, or 12 months after opening of one hotel. Base rent shall be $2,000,000 per year. Percentage rent: Commencing on the third anniversary of occupancy, one percent of gross rental revenues, and 2.5 of gross sale revenue of timeshare licenses. There's a security deposit: Two million dollars that will be deposited through the completion of construction. There are other terms of the agreement that we'll be happy to explain, if there are any questions. Chairman Regalado: OK. I think that all the members of the Commission have been briefed by the Manager on the Flagstone issue. I just want to say something. And it was a year and a month ago that the voters of Miami — more than 60 percent of the voters of Miami approved the Watson Island Project. I think that, as we should do and will do, we should follow up on the will of the voters. And I am in support of this project. I am in support of what the Administration has given us in this contract. But I would like to go a little more farther than just voting for this project. I believe that this is a unique project. This is a project that is mandated by the voters of the City of Miami. This is a project that is going to be built in probably the best land that there is, not only in the City, but in South Florida — maybe in Florida, in downtown Miami waterfront. We need to make sure that this project does not run into any glitches. We need to, Mr. Manager, have someone in the Administration; that someone who would be a facilitator; that someone who would be on top of the needs of the permitting, the coordination, because there will be feds involved. There will be people from the State, DERM (Department of Environmental Research Management). All the kinds of agencies will be involved in this project. And I just hope that the City will take this as our pet project. I would hope that, if we have enough imagination, we'll set a trailer, when construction begins with the plumbing inspector full-time there, an electrical inspector, so we will have this up and going in record time. This is what the voters wanted. This is not a Developer wanting to do another project, which we are very proud of every project. This is what the voters want to see. This is what the residents wanted. And I think that we owe them our due diligence. And I, as long as I'm here and as long as this project is going, I will be pushing the Administration to make this a unique way to work with the Developer. Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir. Alejandro Vilarello (City Clerk): Mr. Chairman? Vice Chairman Winton: That said, and I couldn't agree more, I would like to move the recommendation of the Manager. Dena Bianchino: Excuse me. Dena Bianchino, Assistant City Manager. I need to make some very small changes before you approve the lease, and I need to change the resolution. Commissioner Sanchez: Well, there's a second — there's a motion and a second, and it's open for discussion. Vice Chairman Winton: Well, there's not a second yet. 131 December 12, 2002 Chairman Regalado: There's only a motion. We don't have a second. Vice Chairman Winton: You'll have to second it. Commissioner Sanchez: I'll second it, but I just have some questions. Chairman Regalado: OK. Commissioner Sanchez: Before we do that, Dena, I — one of the questions is, if, for whatever reason, we're not able or you, the Developer — or the Developer's not able to obtain the necessary permits for the marina, what would happen? Do either the State — Ms. Bianchino: There's a whole entire procedure, outlined in the lease, which is called the "Best Efforts" section regarding the development of the marina. We have a whole series of tasks that the Developer has to go through, in conjunction with the City -- because it's our land. So, we'll be partners up there with them to get the mega yacht marina approved. Commissioner Sanchez: Right. Ms. Bianchino: If, for some reason, we go through every possible means, then there — they will be able to use the marina as a regular marina. We, the City, have the right — if we do not feel they're proceeding in good faith on this, we will go to arbitration, and we have the right to force them to take certain actions to make sure that that marina gets built. Commissioner Sanchez: OK. And the reason why I bring that up, of course, you know, they're talking about the Mega Yacht Marina, and the industry that we haven't tapped in. The other one is the access — the easement for the public. I mean — you know, of course, there are certain areas of the project that would always be open to the public, and that was always a concern, and, that is, as long as it's in writing, that it's, you know, an agreement with the Administration. I'm just going to touch on — so no one can later on say, "You know, this were the things that were there, and you guys voted on it and didn't even bring it up for any type of discussion." Just some things that I, you know — Ms. Bianchino: No, that's a very good point, and we're already working with them on the waterfront access issues, because they do have a mega yacht marina, which will require some services, and we want to make sure that everything works together so that the public can enjoy the full benefit of the waterfront. Commissioner Sanchez: OK. And the last issue — and being that Florida finds itself in a very awkward situation when it comes to the deficit that's expected in Tallahassee, for the first time in many years, the Florida Legislation is even considering legalizing gambling, and if, for whatever reason, under the Constitution Amendment by the Florida voters, gambling is approved, would they be able to open up gambling? 132 December 12, 2002 Ms. Bianchino: Yes, sir. They would be allowed to open a gambling casino on the same terms and conditions that you would, as the Commission, approve for any other similar facility in the City. Commissioner Sanchez: So, would that issue come back to this Commission for approval on gambling, or would they just fall in within the Florida statute that — Ms. Bianchino: It would fall in with existing law, but it would come back to you for renegotiation of the rent, because there would be obviously, a higher rent to be paid if they opened a casino. Commissioner Sanchez: And is that in this agreement? Ms. Bianchino: Yes, sir. Commissioner Sanchez: Did you state that for the record, Mr. City Manager? Mr. Gimenez: Yes, it is. That's — we've contemplated that, and the — what we agreed to was that we couldn't really set any kind of a rate, so if gambling, in the future years, is allowed, it will come back to the Commission and a base rent will be set at a market rate, depending on what that market rate is for gambling. Commissioner Sanchez: Well, I have been in favor of this project since day one. I truly think it's the type of projects that the City should be looking after. And, of course, we protected — how many acres of green — I mean, of open space that, later on, we could, through — somehow through a partnership could establish a park there. That's also — Ms. Bianchino: The other seven acres — Commissioner Sanchez: Yes, ma'am. Ms. Bianchino: -- that we left on Watson Island, you had voted, when this came up, that that would remain a park. In the meantime, there are going to be a lot of logistical issues on the Island, as the various parks are being developed. And we believe that that area is going to have to be used in the interim for some sort of construction staging, but, ultimately, it will be used as a park, and Flagstone has offered to help in the design of that. Commissioner Sanchez: All right. Thank you. Mr. Gimenez: Mr. Chairman, you had some issues concerning the cooperation between the City and the Developer. And part of the agreement calls for an ombudsman from the City that shall be appointed to help with the coordination. And Flagstone has agreed to fund a consultant that will also be working for the City to help with the coordination of this project. Chairman Regalado: OK. But I think it's more than that, Carlos. I think it is — we need to show. But that's — 133 December 12, 2002 Mr. Gimenez: Absolutely, sir. Chairman Regalado: -- when the construction phase begins, that we're really committed to what is happening there. Yes, sir. Martin Tritt: Yes. I'd like to speak on the subject. Chairman Regalado: Your name and address? Mr. Tritt: My name is Martin Tritt, 9102 West Bay Harbor Drive, Bay Harbor Islands. You plan to have a world class Mega Yacht Marina; yet, you seem to be wanting to get rid of the gas. Mega yachts have cigarette boats and personal pleasure crafts aboard, and not only are you going to forego the half a million gallons that I sell — that I sold last year and send that to other marinas in the area, making them so congested that it wont' be pleasant to be on the waterfront, at all, but you're going to tell these people they have to go there to get gas. Mega yachts should be filled up by barge, that's true, but when a mega yacht feels he's short 100, 200 gallons of fuel to go to the Bahamas or whatever else he wants to do, he's not going to like it very much, if there's no fuel facility. I urge you to consider reconsider keeping my facility there. Someone — a business who's paid you rent for 33 years should not be dismissed without conversation. I've asked everybody for a meeting. I finally got a meeting with Mr. Teele, and now Mr. Regalado and Mr. Winton says they will see me. However, this thing has not been thought out properly, and I think what's going to wind up is, these people are going to wind up with some very cheap hotel land, and the City's not going to wind up with the fair share of the profits. Thank you very much. Chairman Regalado: Thank you, sir. Thank you. OK. We have a motion and a second. We'll close the public hearing. This is an — Ms. Bianchino: If I could just make —in front of your notebook, that was just handed out to you, there's a revised exhibit "R," which refers to the Civic Arts Endowment Trust. All this is is a back up to how that is calculated. So, that would be substituted into the lease. Also, we would be asking to remove Section 7.313, which dealt with changes in use on the property. The rest of the section would remain the same. In regard to the resolution approving this, for the record, I want to take some language out that was put in in error. On page 3 and on page 5, it speaks to language, which says, "Subject to an annual increase by the Consumer Price Index," that, in both instances, needs to be stricken. Also, after — if you determine that you're going to pass the resolution on this, I need — Mr. Gimenez: Dena, that's only for a certain — not for the base rent, but for the — Ms. Bianchino: I'm sorry. I can't hear you. Mr. Gimenez: The CPI (Consumer Price Index) increase that needs to be stricken is not for the base rent. That's still in. It's just for the one percent of gross. Ms. Bianchino: That's correct. 134 December 12, 2002 Mr. Gimenez: OK. Ms. Bianchino: And then, after — if you pass the resolution, I have to bring another resolution to your attention. Vice Chairman Winton: OK. I'd like to call the question, please. Chairman Regalado: OK. We have a motion and we have a second. This is such an important project, roll call, Madam City Clerk. I think Commissioner Teele is here, too. He's there. Priscilla Thompson (City Clerk): Commissioner Teele, we're doing a roll call vote, and your vote is? Commissioner Teele: With some very deep concerns, I vote "yes." Chairman Regalado: OK, five to zero. 135 December 12, 2002 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-1304 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ENTER INTO A GROUND LEASE AND A GROUND LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLAGSTONE PROPERTIES, LLC FOR THE DEVELOPMENT AND OPERATION OF A MEGA YACHT MARINA, FISH MARKET, TWO HOTELS, RETAIL, DINING, AND CULTURAL AND PUBLIC FACILITIES ON APPROXIMATELY 10.8 ACRES OF CITY -OWNED WATERFRONT PROPERTY LOCATED ON WATSON ISLAND AND 13.4 ACRES OF SUBMERGED LAND ADJACENT TO WATSON ISLAND FOR A PERIOD OF FORTY-FIVE YEARS WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL FIFTEEN -YEAR PERIODS; REQUIRING SAID LESSEE TO MAKE A TOTAL CAPITAL INVESTMENT IN SAID PROPERTY OF NOT LESS THAN $281,000,000, PAYING THE CITY OF MIAMI CONSTRUCTION RENT PAYMENTS IN THE AMOUNT OF $1,000,000, COMMENCING ON THE ISSUANCE OF FOUNDATION PERMITS, A MINIMUM ANNUAL LEASE PAYMENT OF NOT LESS THAN $2,000,000 COMMENCING AT THE OCCUPANCY DATE, 2.5% OF GROSS REVENUES FROM THE SALE OF TIMESHARE LICENSES AND 1% OF GROSS REVENUES FOR ALL OTHER PROJECT COMPONENTS COMMENCING ON THE 3RD ANNIVERSARY OF OCCUPANCY; SUBJECT TO ADDITIONAL CONDITIONS AS ARE PROVIDED IN THE LEASE; AND SUBJECT TO THE EXECUTION OF A PARTIAL MODIFICATION OF RESTRICTIONS TO DEED NO. 19447 BETWEEN THE CITY OF MIAMI AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA.. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 136 December 12, 2002 Chairman Regalado: Go ahead, the other resolution. Ms. Bianchino: You have a resolution before you, which I think Commissioner Regalado, speaks to your initial issue of working closely with the City. This is a resolution of intent, to work with Flagstone and the Visitor and Aviation Bureau and MSEA (Miami Sports & Exhibition Authority) in regard to creating an entrance road into the project. Flagstone has asked for this. We're happy to work with them to get them what they need in this situation. And we ask that you approve this resolution, as well. Chairman Regalado: OK. Do we have a motion? Commissioner Sanchez: So moved. Vice Chairman Winton: So moved. 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 Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-1305 A RESOLUTION OF THE MIAMI CITY COMMISSION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING, IN PRINCIPLE, THE GRANT OF A NON-EXCLUSIVE EASEMENT OR DEDICATION OF AN ENTRANCE ROAD TO BE DESIGNED, CONSTRUCTED AND MAINTAINED BY FLAGSTONE PROPERTIES, LLC, AT ITS SOLE COST, ON CITY -OWNED PROPERTY LOCATED ADJACENT TO THE MIXED- USE PROJECT BEING DEVELOPED BY FLAGSTONE ON A PORTION OF WATSON ISLAND, PROVIDED THAT THE LEGAL DESCRIPTION FOR THE SUBJECT PARCEL OF THE DEDICATION OR GRANT IS ACCEPTABLE TO THE CITY AND FURTHER PROVIDED THAT ANY ENTITY HOLDING AN INTEREST IN THE PARCEL, INCLUDING BUT NOT LIMITED TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND/OR THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, AUTHORIZE AND APPROVE THE DESIGNATED AREA OF SUCH GRANT OR DEDICATION; FURTHER DIRECTING THE CITY MANAGER PRESENT THE GRANT OF NON-EXCLUSIVE EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR ITS CONSIDERATION. 137 December 12, 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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Thank you. Ms. Bianchino: Thank you. Mr. Gimenez: Mr. Chairman? Chairman Regalado: Yes. Mr. Gimenez: I would be remiss if I didn't take this opportunity to thank everybody, both on the side of the City and on Flagstone, for their countless hours in this negotiation. And, also, I want to thank, particularly, the Mayor and Commissioner Winton for their invaluable assistance in this entire process. I think they really helped us out, and I want to make that public. Chairman Regalado: OK. 23. FIRST READING ORDINANCE: AMEND ORDINANCE 15044, FUTURE LAND USE MAP OF MIAMI COMPREHINSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 3235, 3245 AND 3255 FRANKLIN AVENUE. (Applicant(s): David Hill & Christine C. Hill. Owners). Chairman Regalado: Commissioner Gibson, Thelma, I can't see. Maybe it's you. Is that you? OK, are you here for -- I can't. Is it - why don't you go to the mike and what item are you here for, Commissioner? Commissioner Teele: PZ item 3,4 and 5. Thelma Gibson: Good afternoon, I'm here for the Taurus Restaurant our in support of resolutions under number 3, 4 and 5. Chairman Regalado: PZ 3,4 and 5, that's what it is? 138 December 12, 2002 Ms. Gibson: Yes. Chairman Regalado: OK, please (UNINTELLIGIBLE). Vice Chairman Winton: Are we going to the PZ items now? Chairman Regalado: We are going to accommodate Commissioner Gibson and I think there are some other people here and then we are going Johnny, back to the regular agenda. So, this is PZ 3,4,5. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Thank you, for the record, Lourdes Slazyk Planning and Zoning Department. PZ 3,4 and 5 are companion items for the Taurus land -use, zoning change and major -use special permit. We are going to be asking for a continuance on the major -use special permit component of these items because of the land -use and zoning change items require two readings before the Commission and the major -use special permit is a resolution, which only requires one hearing. What we would like to do is hear PZ 3 and 4 tonight, continue PZ 5 and have them come all back for final adoption at the next meeting. PZ 3 and 4, like I said, are the land -use and zoning change components of the project. You may recall that there was a request for a zoning change on part of this property -- you can't hear? OK, earlier this year the Planning Department had recommended denial of that because it was coming in a vacuum without a project. After we went back and met with the developer, with the Taurus, we expressed our concerns where a blanket change to SD -2 into a commercial category of land -use and zoning change without the benefit of it being accompanied by a project where we could review how the project was being implemented on the property was what we had a concern with; so what they did was they pulled back on that request and went ahead and filed their major - use special permit with the land -use and zoning change as a single application, which the zoning ordinance allows you to do. This way we were able to review the project and how it was being implemented on the property to insure that all the appropriate buffers were in place before we made a recommendation, so you'll see in the major -use special permit component of this project which is PZ 5 there is a condition that the applicant give the City a covenant that ties them to the plans that are part of the major -use special permit so that the zoning and land -use change are appropriately dealt with. This was recommended for approval to the City Commission by the Planning Advisory Board by a vote of 6-1, and the companion zoning change was recommended for approval by a vote of 8-1. The Planning and Zoning Department also recommends approval. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Board. Lucia Dougherty with offices at 1221 Brickell Avenue. Here today on behalf of the owner and the applicant joining me this afternoon is Dave Hill who's the owner of the property as well as Gino Falsetto and Ricky Cowanni (phonetic) who are the contract vendees. You may recall this is a -- these are property that you, that we actually saw the rezoning on one lot about a year ago. You initially had agreed to approve that one lot, I mean deny it and them you decided that you would allow us to meet with our neighbors and reconsidered your vote and this is the result of that reconsideration. You had asked -- at that time we were asking for a hotel of 76 units. It was immediately adjacent to main highway. We had a lot of opposition from our neighbors and you specifically challenged us to meet wit our neighbors and come and see if we can get a community consensus on the 139 December 12, 2002 project. Since that time the client has hired Bernard Zyscovich to do a plan and ask for the rezoning as well as a major -use special permit, which is the first time in the City that that has ever occurred, so that we can tie the rezoning to a specific plan. Bernard had said we game him a challenge. We said we wanted you to push the building off of Main Highway. We don't want a hotel development, and if you can, please try to save the Taurus building and that's the -- that's what the neighbors had challenged us to do. Bernard had said we can't do that in context of the zoning that is in place and subsequent to that, we have now applied for rezoning of the entire site not jus the one property; but in doing so, we have a property, we are only building the same amount of FAR (floor/area ratio) that we would have on one lot, so, the massing of the project remains exactly the same as it was when it was one lot to be rezoned; however, we are pushing it off Main Highway. We've added a buffer. We've been able to keep some of the natural resources on Main Highway, and we are preserving the Taurus, the original Monroe teahouse, which we think is currently the bar. We have also hired Arva Moore Parks, as our historic consultant, to assist us in this endeavor and we have met with the challenge that Commissioner Winton and others have given us in that we met with our neighbors. We have the support form Campus Gain Property Owners Association, we hope eventually. We've met with the Civic Club, and we hope to have their support. The Cocoanut Grove Village, the Cocoanut Grove Cemetery Association, the Coconut Grove Homeowners and Tenants Association haven't given us the letter. The Coconut Grove Collaborative, Saint Hugh Oak Village Condo Association, the Coconut Grove Local Development Corporation, ten individuals who live in the vicinity as well as the Cocoanut Grove Chamber of Commerce and we have submitted all of those to the record with (UNINTELLIGIBLE) at the lower board hearings. At this time I'd like Bernard Zyscovich to present to you the project as well as his colleague Saria Yapha (phonetic). Chairman Regalado: Thank you. Go ahead, sir. Bernard Zyscovich: Hello my name is Bernard Zyscovich, I'm the architect of the Taurus project. If you would like to see these boards more clearly I would be happy to come up stage and show to you; is that something you would like me to do? Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Maxwell: I would suggest to you that the appropriate time to hear a presentation about the project itself is when you deliberate on the MUSP (Major Use Special Permit) application, not now during the hearings on the comp plan change and the zoning change because you will have to do it again all over again once you, if in fact an application special exception comes back to you. Chairman Regalado: Right. Ms. Dougherty: Well, the major -use special permit has within it the rezoning and the comp plan change. It's all one application so, assuming that's the board -- we will not be duplicate at the second meeting. 140 December 12, 2002 Mr. Maxwell: You have separated the zoning changes and the comp plan changes from this application is the first time it's happened it's been separate. I would suggest to you that you may want to hear it, as admirable as that project may be, you are going to hear it again and consider the application on the merits of the comp. plan change and the zoning requirements, a much quicker way to do it. Mr. Zyscovich: If you would allow me two minutes, I would explain -- Chairman Regalado: Two minutes and -- Mr. Zyscovich: I think it will help you understand what we're trying to do. Chairman Regalado: I just want to understand, is anyone in opposition here to this project? Opposition. OK. Commissioner Teele: Barbara -- Chairman Regalado: OK. You want to -- Commissioner Teele: Let's hear from the opponents. Chairman Regalado: Yes, let's do that, and then we'll continue please. Commissioner Teele: The issue that is before us right now Ms. Lange is the change in the -- Mr. Maxwell: Comprehensive plan the first item and if you, the Commission is in favor of that you would of course, next, is the zoning item which is the companion item. That's what we're scheduled to do here today. Commissioner Teele: This is the change in the comprehensive plan. This is not the underline proj ect. Chairman Regalado: But is does have a companion so, might as well if you want to address your issues you know because there are three PZ items here on the same -- Barbara Lange: My name is Barbara Lange. I live at 3495 Main Highway in Coconut Grove almost across the Street from the Taurus, and I'm certainly not a zoning or comprehensive plan expert and I know one thing, that I'm opposed to this project. It's too big, it changes residential single-family home into commercial zoning and I think that bodes very poorly for the Grove. I think that, you know, where does it stop? Once you change the zoning on a single-family residential, where is the next stop? Is it all the way up Franklin? Is it up Charles? I also think that at the very least, if you're going to grant this, the project's way too big; it's five stories tall. It's at the edge of the Grove and at the edge of the Grove you should have something smaller to introduce into the urban environment. We have a small urban environment in the Grove, so at the very least, I would hope that you would ask the applicant to lower at least two or three stories. I was at the zoning meeting and I saw Mr. Flowers. Mr. Flowers spoke against this and I 141 December 12, 2002 saw him here, oh he's here, Mr. Flowers is here. He spoke much more eloquently and certainly with much more authority than I could speak here today and I hope the Chairman or one of the Commissioners would invite Mr. Flowers up to talk about the objections he has to this project. Chairman Regalado: This is a public hearing, Charles, if you want to. Mr. Maxwell: Well, Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Maxwell: Just so that were being even handed here, the comments that I made about the applicant's presentation a moment ago, the developer's presentation would also apply to the opponents. They're talking about the special use permit -- Chairman Regalado: Right but we need -- Mr. Maxwell: -- instead of the others. Chairman Regalado: Right but we need to vote anyway. Mr. Maxwell: So, you've started that process now? Chairman Regalado: Yeah, we need to vote anyway on the three items so, might as well get -- Charles J. Flowers: Chairman, Commissioners, I almost set precedent here. I voted my conscience on the board and my concern in the minutes so, for me to speak on behalf of something that happened on the board, I'd be setting a bad precedent. Therefore I refuse to speak on those grounds. My comments are already in the minutes. Thank you. Chairman Regalado: You're welcome, Charles. OK, yes, sir. John Shubin: Yes, members of the Commission, John Shubin, Shubin and Bass, 46 Southwest 1st Street. Here today on behalf of the Campus Cane Homeowners Association, Ellen Fredenfill Quory (phonetic) and Lisa Braden Franklin. I just wanted to announce to the Commission that the neighbors who had opposed the project on its previous incarnation have been engaged in very good faith settlement negotiations with the applicant. We've made a lot of progress. I'm very optimistic that we'll be able to reach a conclusion to a settlement within the next week or so, certainly before the next meeting but until that is done I certainly don't want to waive any possible objection but we are close, we've been negotiating in good faith and we're very optimistic of our ability to reach an agreement. Chairman Regalado: OK, but this is the first reading anyway. To all parties, this is the first reading so, OK, two minutes you said? Doesn't -- push the button there. 142 December 12, 2002 Mr. Zyscovich: The concept behind this project is quite simple, which is why we had to go through this convoluted process. The zoning really does not allow us to do a design -driven project. We did not want to do a zoning driven project. We wanted to do a project that was appropriate for the neighborhood. If you look at this photograph, what we're doing is protecting the view of the oak trees and the Taurus, which as you know, Main Highway is on an angle with the rest of the City so, as you come down Main Highway what you really are looking at is this view. We're not putting any buildings that interfere with that view. Mr. Maxwell: Could you identify that view for the record, please? Mr. Zyscovich: I'm Bernard Zyscovich. Commissioner Teele: The view. Mr. Zyscovich: I'm sorry, the site view from the corner of Main Highway. The project that we're proposing to do is set back from Main Highway. It's an old Florida architectural style. We've gotten a lot of complements from the people in the community regarding the architectural design. It'll have clapboard siding, latticework. We've set the building back by layering the terracing of the balconies and as you can see in this diagram what we're doing is proposing this - - Seria, why don't you point to it? -- where the Taurus is. We're obtaining the historic Taurus we're creating a plaza out front. We have only 9,000 square feet of commercial space which will be the restaurant and the wine bar that's been proposed for the Taurus and the condominiums are back from that. The zoning change that we're requesting does not give us any additional development rights beyond which would be there already. What we're really doing is moving the area around, so that it creates a better project. If you have questions, I'd be happy to answer them. Chairman Regalado: OK, we close the public hearing. Ms. Dougherty: There are others who would like to speak. Chairman Regalado: Oh, OK, go ahead. Thelma Gibson: Let me just say thank you again for hearing us at this point, Mr. Chairman and members of the Commission. I'm Thelma Anderson Gibson at 3661 Franklin Avenue. I always like to say that I was born on Charles Avenue and I've lived on Franklin Avenue for the past 25 years, and we have gone throughout the neighborhood and received everybody's signature in our neighborhood who are in support of this project and I think that it's very important that we listen to the community, but I am certainly in support of this and think it will be a great, great asset to our community and I just wanted to put it on the record that I am in support as well as the Homeowners and Tenants Association of Coconut Grove, thank you very much. Chairman Regalado: Thank you. I forgot to ask you and maybe tell me you can help me. We need to swear the people that did testify and will testify on any zoning matters, so I think that they should have the translator also. Where is she? She's there. I see some people that may be wanting to be heard. Could you translate (UNINTELLIGIBLE)? 143 December 12, 2002 Ondina Suarez: Hello, now we're on. (Translated into Spanish comments related to oath.) Chairman Regalado: Over there, right there. Group over there. Commissioner Teele: I think Mr. Chairman, what needs to be said, would all persons that are going to testify please stand up and raise your right hand. Vice Chairman Winton: This is on all PZ items is that not that correct? Chairman Regalado: Yes. Vice Chairman Winton: On all PZ items not just this one? AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Chairman Regalado: Thank you. OK. Henry Lee Givens: My name is Henry Lee Givens. 10500 Southwest 149 Street, Miami 33176. I'm president of the Coconut Grove Chambers of Commerce. On December 9th Coconut Grove Chambers of Commerce held its board of directors meeting and they wholeheartedly endorsed this project and we certainly would be most grateful if this Commission would do likewise. I'm also president of Grovites United to Survive. Grovites United to Survive is the owner of the parcel where the Federal R. Gibson Charter School is being built. When we were seeking financing to renovate the old Tiki site, one of the most encouraging factors of our bank, Point Bank, is that this type of development like the one that's going on the Taurus site was coming about which would enhance the tax, the property values all over Coconut Grove. Grovites United to Survive also supports this project wholeheartedly and we urge you to do likewise. Thank you very much. Chairman Regalado: Thank you Henry. OK, anybody else from the public who wishes to speak on this item PZ 3, item PZ 3, anybody else from the public? OK, are you just looking at the model or you want to speak? We're going to close the public hearing, we're going to close the public hearing on item PZ 3. It's a first reading ordinance. Do we have a motion? Vice Chairman Winton: Yes, I would like to move staff recommendation. I would also like to make a comment after we get a second. Commissioner Teele: Second. Chairman Regalado: OK we got a motion and a second, Vice Chairman Winton. Vice Chairman Winton: I would like to point out for the record and one of the comments were there was a comment about the height of the project in the R1 zoning change that if you look at the rendering of the project the developer has purposely taken the back of the project and stepped 144 December 12, 2002 it down so that it actually -- one of the best jobs I've seen any developer in this town ever do where they actually stepped the back project down so that it literally melds right into the single- family nature of the neighborhood behind it, as opposed to cutting off a five story structure right there, right smack dab next to a single-family home which you see in places along 37th Avenue and Coral Way, which is very difficult for single-family residences and so, not only did the developer do his -- where this land -use change the current from R1 to a commercial zone, they're actually taking the R1 parcel and putting a structure on it and it looks to me like it's two stories tall to be the buffer between the single-family, one story property adjacent and the rest of the project and that I mean, that's pretty outstanding so -- and I think that the fact that this is in the Grove, and in the Grove it's very hard to get unanimity. In fact, it's generally pretty hard to get this kind of, you know, this little opposition so, I think that to date, both the developer and the community have done a good job of getting together. I understand that we're not completely home free yet, so I would encourage both sides to get this piece done before we get to the second reading but congratulations to both sides as well so, that's my comments. Chairman Regalado: OK, the public hearing is closed. Read the ordinance. The ordinance was read by title into the public record by the City Attorney. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: On discussion. Mr. Chairman, I want to be - Ms. Lange has come before us, she's talking -- Ms. Barbara Lange -- Chairman Regalado: She is here. Commissioner Teele: She getting ready to go kiss the Mayor. She's kissing Barbara Carey. She's having a big discussion. I was saying Mr. Chairman, that Ms. Lange has come before us and she is someone that I have tremendous respect for on environmental matters. I have followed her advice on basically every issue that she's ever raised regarding the environment, panthers and issues but on this zoning matter, I have a hard time believing that Ms. Lange could pass the straight face test to talk about the residential area when I in fact have seen Ms. Lange in the Taurus on many occasions. So, I just wanted Ms. Lange to know that her thoughts did not go on deaf ears, but I really do think that this project is so much improved and I'm very impressed with what Commissioner Winton has said and that is the Grove is one of those areas where it's very difficult to get consensus and to have a former City Commissioner and others who are speaking in support of it, Mr. Shubin, and others is very impressive. I wanted to single out the designer architect for some effort because it seems that Bernard is able to continue to work with communities and I think there's a positive lesson that we can all learn and that is, we defer this item and ask the developers to go back into the developers credit rather than you know, getting an attitude, they really went back and changed the whole scope of the project, so I'm very impressed with the overall community effort, Ms. Dougherty, as always, I'm impressed with your efforts. Thank you. 145 December 12, 2002 Chairman Regalado: Thank you. Roll call. Ms. Thompson: Roll call. The ordinance for PZ 3 is passed on first reading, 5/0. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3235, 3245 AND 3255 FRANKLIN AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED 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 Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Regalado Vice Chairman Winton Commissioner Gonzalez Commissioner Sanchez Commissioner Chairman Teele NAYS: None. ABSENT: None. 24. FIRST READING ORDINANCE: AMEND PAGE NO, 46 OF ZONING ATALAS OR ORDINANCE NO. 11000, CITY'S ZONING ORDINACE, SEITION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE DFAMILY RESIDENTIAL TO SD -2 COCONUT GROVE CENTERAL COMMERCIAL DISTRICT AT 3225, 3235, 3245 AND 3255 FRANKLIN Avenue. (Applicant(s): David Hill & Christine C. Hill, Owners). Chairman Regalado: OK, PZ 4 is a companion item. It's a public hearing. Do we have anybody from the public who wishes to speak on item PZ 4? PZ 4 is a companion item. Do we have -- a motion? We close the public hearing. Commissioner Sanchez: So move. Chairman Regalado: We have a motion, do we have a second? 146 December 12, 2002 Joel Maxwell (Deputy City Attorney): Mr. Chairman, please, I think you should hear from the Planning Department. Chairman Regalado: OK. Lourdes Slazyk (Assistant Director, Planning & Zoning Department): Item PZ 4 is a companion zoning change to SD -2. We recommend approval and it was recommended for approval to the City Commission by the Zoning Board by a vote of 8-1. Chairman Regalado: OK. Vice Chairman Winton: I would move the staff recommendation. Chairman Regalado: We have a motion and we have a second. Read the ordinance. Vice Chairman Winton: Hold on, excuse me, Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: And I'm incorporating my comments from the prior motion into this one. Chairman Regalado: OK, read the ordinance. Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISION, WITH ATTATCHMENT (S), AMENDING PAGE NO. 46 OF THE ZONING ATALAS 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 R-1 SINGLE FAMILY RESIDENTIAL TO SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT FOR THE PROPERTIES LOCATD AT APPROXIMATELY 3225, 3235, 3245 AND 3255 FRANKLIN AVENUE, MAIMI, FLORIDA, LEGALLY DESCRIBED IN ATTATCHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 147 December 12, 2002 was introduced by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: PZ item 4 is passed on first reading, 5/0. 25. CONTINUE CONSIDERATION OF PROPOSED APPROVAL OF MAJOR USE SPECIAL PERMIT FOR TAURUS PROJECT TO COMMISSION MEETING CURRENTLAY SCHEDULED FOR JANUARY 23. 2003. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Before we go to the next step could -- this is in the economic interest of the -- I'm sorry to be selfish there, of the Downtown Development corridor. We have an expensive consultant in from out of town. We also have a very expensive free consultant who's from the DDA Board who's here. He's not charging anything, but could we take up PZ item 1 which should go very, very quickly? Commissioner Teele: Isn't 5 a companion item? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Yeah, 5 we're asking for a continuance to January 23. Chairman Regalado: 5 we already voted on a continuance so, yes, sir. PZ -1, PZ -1, go ahead. Ms. Slazyk: PZ -1 is consideration of approving the downtown Miami development of regional impact increment 2. Chairman Regalado: OK, wait, wait, wait. Lourdes, just one second. We need a, because we did vote on two PZ items for continuance and one for deferral, but we need a vote to continue PZ -5. Vice Chairman Winton: So move. 148 December 12, 2002 Ms. Slazyk: To January 23rd Commissioner Sanchez: Second. Chairman Regalado: We have a motion and we have a second, continuance to January 23rd, all in favor say, "aye." The Commission (Collectively): Aye. Chairman Regalado: OK, we go back to PZ -1. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-1306 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED APPROVAL OF MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5,13 AND 17 OF ZONING ORDINANCE 11000, FOR THE TAURUS PROJECT, TO BE COMPRISED OF A MIXED-USED/RESIDENTIAL PLANNED UNIT DEVELOPMENT COMPLEX, WITH NOT MORE THAN 44 RESIDENTAIL UNITS WITH ACCESSSORY RECREATIONAL SPACE, 9,217 SQUARE FEET OF COMMERCIAL USES AND APPROXIMATELY 106 PARKING SPACES AT APPROXIMATELY 3532 MAIN HIGHWAY, 3550 MAIN HIGHWAY AND 3225, 3235, 3245, 3255 FRANKLIN Avenue TO THE COMMISISON MEETING CURRENTLY SHEDULED FOR JANUARY 12, 2003. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 149 December 12, 2002 26. APPROVE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI), ENCOMPASSING AREA OF City UNDER JURISDICTION OF DWONTOWN DEVELOPMENT AUTHORITY WITH EXCEPTION OF SOUTHEAST OVRTOWN/PARK West AREA; AUTHORIZE INCREMENT II DEVELOPMENT ORDER; APPROVE SAID DEVLOPMENT OF REGIONAL IMPACT. (Applicant (s): Downtown Development Authority.) Chairman Regalado: OK, we go back to PZ -1. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): OK, PZ -1 is the increment two of the Downtown Development of Regional Impact. You may recall the original downtown DRI was approved in 1987 through a master and increment 1 development order. We are now at the point where we're ready for increment two of the downtown DRI. We had filed this, the Downtown Development Authority is the applicant. It has been reviewed by the regional planning council. It was recommended for approval with conditions. The conditions in the development order before you tonight are consistent with the Regional Planning Council approval and we recommend approval. Your package has the development program that is approved for increment 2 and all of the conditions. We have here with us tonight from the DDA, Jeff Bercow and the consultant Rob Curtis from Curtis and Kimble, if you have any questions on any of the components of the DRI. Chairman Regalado: OK, do we have a -- this is a public hearing. Go ahead. Jeff Bercow: Thank you, Mr. Chairman, Commissioners. I know you've got a long agenda so I will be brief. My name is Jeff Bercow. I'm an Attorney with the law firm Bercow and Radell, 200 South Biscayne Boulevard in Miami. I'm here today as the Vice Chairman of the Downtown Development Authority and Chair of its DRI committee. DDA is of course is the applicant of increment II of the downtown DRI and as you heard from Lourdes, I'm here with our consultant Rob Curtis from Curtis and Kimball. Our transportation planner Cathy Sweetapple and Tabitha Cazino from Creative Land Development Services. We're showing you in this graph that the downtown district. It's the area outlined in white and black. Just a bit of an explanation about the Downtown DRI process. The Downtown DRI is an area wide DRI that attempts to project the types and amounts of development that will occur in the downtown district over a period of time. It analyzes the impacts on key resources like transportation and the economy and imposes conditions for mitigations of those impacts. We have in fact had a downtown DRI in effect since 1987 when the master DRI and increment one was approved. Commissioners, this is a critical development tool and an incentive for developers to locate in the downtown area because the area has already been subjected to DRI review, so individual developers do not have to do a DRI application and go through that process. Increment one is set to expire soon and we're running out of development credits so, we began this process about a year and a half ago. We have been working with your staff for well over a year on this application. We'd like to thank them for their cooperation and their assistance throughout this process. It is important to note that this application does not change zoning. We don't increase intensity or density of permitted land uses. We are simply providing DRI review for all of the development likely to occur in downtown through May 28, 2009. This application is consistent with key objectives and policies 150 December 12, 2002 for your City comprehensive plan relating to urban infill, development, promoting downtown development and approval of this DRI will promote the City's goal to achieve a livable City center with a variety of urban housing types as well as other land uses. We've got a favorable recommendation from your staff as you've heard, a favorable recommendation from the PAB (Planning Advisory Board), and a favorable recommendation from the South Florida Regional Planning Council. All of the conditions are acceptable to us and we would urge you to approve this application. Rob Curtis and all of our consulting team is here should you have any further questions. Chairman Regalado: OK, thank you. We are going to close the public hearing. This is first reading right? First reading ordinance. Mr. Bercow: No, sir, there is only one reading. Mr. Joel Maxwell (Deputy City Attorney): This is a resolution. Chairman Regalado: Oh, a resolution, I'm sorry, I'm sorry. Do we have a motion? Vice Chairman Winton: I would move staff recommendation. Commissioner Sanchez: Second. Chairman Regalado: OK, we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 151 December 12, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1307 A RESOLUTION OF THE MIAMI CITY COMMISSION A RESOLUTION APPROVING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI), ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST AREA, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING AN INCREMENT II DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT II DEVELOPMENT ORDER, THE APPLICATION FOR DEVELOPMENT APPROVAL, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT II DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST. 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. 27. PRESENTAIONS AND PROCLAMATIONS 9. PRESENTATION OF GAVEL TO CHAIRMAN TOMAS REGALADO 10. PLAQUE TO HONORABLE COUNTYCOMMISISONER BARBARD CAREY- SHULER Chairman Regalado: OK, before we continue with the PZ items and the rest of the agenda we have the Mayor here for a ceremony and we ill be brief, we promise, but before I give the gavel to my friend and colleague, Johnny Winton, I'd like to give the members of the Commission something that the MSEA (Miami Sports and Exhibition Authority) Board did. When the MSEA 152 December 12, 2002 Board approved the support of the Holiday Village I moved a resolution that was approved by the Mayor as Chairman, and the rest of the Board that they would take care of the children of the parks of the City of Miami, and basically what we ask since it's free to go in, is a pass to ride all the rides. The Sergeant -At -Arms, Sergeant Peterman, did an extraordinary work. He went and find out the number of children in every park, in every district and we requested from the promoters of Holiday Village the exact amount of tickets free rides for different parks. So, here we have for the people at home to see the different district parks and the children that are attending those programs. For instance, in Vice Chairman Johnny Winton, he has 20 children at Dorsey, 25 Ambrister, 35 Douglas, Verrick 50, Legion 30 children, Morningside 56, Roberto Clemente 45, and PAL of course, Police Athletic League, 81, so Mr. Vice Chairman, here on behalf of MSEA, the passes for the children in your district. Yes, it is. We, Commissioner Joe Sanchez, children of your district, Jose Marti, and PAL, here are the -- Commissioner Angel Gonzalez, Curtis, Grapeland, Juan Pablo Duarte, Kinlock and PAL; and Commissioner Teele, you have children. All right so, I just wanted to do this to show the people that you know, the City used the money, the Mayor and the Board member support it. This project, the Holiday Village as a board member of MSEA, Miami Sports and Exhibition Authority, but we wanted something in return, so the children of the parks of the City of Miami are going to go for a free ride in every ride in the Holiday Village in downtown Miami and I think it's a good thing, where's the Mayor? So, Mr. Mayor -- you right with us. Mayor Manny Diaz: Thank you Mr. Chairman. As many of you know, last year after I got elected one of the things that was done that was different from the past was that the Mayor selected someone to chair the Commission and I selected Commissioner Regalado and I'm here to tell you it's been quite a year. I believe that Commissioner Regalado as Chairman, has run a great meeting, has provided the right kind of leadership, has worked very well together with me and our office in helping set an agenda for this City unlike any that we've seen in the past. Other than allowing Mariano Cruz to speak too often at meetings, I think -- Vice Chairman Winton: Mariano, two minutes. Mayor Diaz: So, Commissioner it really has been a pleasure to work with you and all of us owe you a debt of gratitude for the job that you've done and on behalf of myself and your colleagues on the Commission we have a very special plaque honoring you as chairperson of the Miami City Commission, November 27, 2001, to today December 12, 2002, in appreciation to distinguished service to our City and important dedication to public participation, thank you. (APPLAUSE) Chairman Regalado: And my son Tommy is going to accept the plaque. You know, I was honored when Mayor Diaz, my friend, my Mayor, the person that I knew was going to better lead the City, appointed me as Chairman, and I've been in the Commission many years, and I sort of try to do something that I think was the right thing to do. First of all, public participation; to give the public as much participation as they wish because after all, this is their government, and second, also important, consider myself equal to each of my colleagues. These are the people that run the City on the legislative side, and we are all equal. I have enjoyed, Mr. Mayor this. I really thank you, and I just hope that having to go through something that happened here 153 December 12, 2002 this afternoon with some of the items, we would have done this ceremony at 9 a.m. instead of 6, but it is with great pleasure that I give this gavel to the Commissioner from District 2, the new Chairman of the City of Miami Commission, Johnny Winton. (APPLAUSE) Vice Chairman Winton: This feels dangerous. Are you sure with my temper you all want me to hold this gavel, Mr. Mayor? I think there's a program here that I'm supposed to follow but no ones helping me and -- Mr. Diaz: OK, I've changed my mind. You don't know how to do this. Vice Chairman Winton: I told you, you should have, I can't, you know, I've gotta tell you, I'm not sure I've been smart enough to figure out how to deal with all the agenda items that I have to do, never mind be smart enough to run the meeting and keep up with the real issues here, but Mr. Mayor, thank you very much. It is an honor, I hope I can live up to your expectations because as you know, I'm extremely worried about this. I can't figure out if it's a resolution, an ordinance, a public hearing, or not a public hearing so, I hope I can do this and to my colleagues, I'm going to promise you that I'm going to try to run these meeting with dignity, with professionalism and honor and with speed. (APPLAUSE) Vice Chairman Winton: And I hope I'm successful, so thank you and I hope I can fulfill the expectations you have of me. At this time I would like to call up a very dear friend, a person that I've had the opportunity to work with for three years now as the County Commissioner who was responsible for the same constituents that I'm responsible for as a City Commissioner. We have the same constituents, which now the Chairwoman of the County Commissioner and we have this plaque in honor of Dr. Barbara Carey -Schuler from this City of Miami from my colleagues and the Mayor and our support going out to new Chairwoman of the County Commission. (APPLAUSE) Barbara Carey -Schuler (Miami -Dade County Commissioner): First of all, good evening and I want you to know that it's such a great honor to be up here with all these illustrious men. Did you notice, I'm the only lady, I'm so lucky? I want to congratulate you for being the new chair and also say that you did a fine job Commissioner Regalado, and I want you to know that this is a new era in this community that we have started a new partnership in the spirit of cooperation between the City and the County and I'm happy to be -- (APPLAUSE) Ms. Carey -Schuler: -- and I'm happy to be in a leadership position so that we can foster that and that we can nurture that so that this can be a better community in which to live. I have a special relationship with all of the Commissioners up here. On any one day I work with each one of them and I want to thank them. Johnny said that we share the same constituents but I want you 154 December 12, 2002 to know Johnny I share the constituents with many of these Commissioners here and if I don't share the same constituents, then we were together on many projects together. I want to thank them for their cooperation, I want to thank the Mayor. I think we have the greatest Mayor the City has seen in a long time and -- (APPLAUSE) Ms. Carey- Schuler: -- and he has reached out to work with the County and I certainly have reached back and said let's hold hands and make this a community in which people want to live, play, work and raise their kids, so thank you for this honor and I look forward to working with all of you, Commissioner Teele, Commissioner Sanchez, Commissioner Regalado, Commissioner Angel over there who serve with me in the Allapattah District and the new Chair and the Mayor. So, thank you for this wonderful, wonderful honor and to staff. I know all of them, we've worked together and I look forward to doing great things with you in this community, thank you. (APPLAUSE) Mayor Diaz: One other thing that I'd like to announce is that in keeping with the formula that I developed last year for the appointment of Chair and Vice Chair, a formula which I don't remember how it works, but I also want to announce that Commissioner Art Teele is my appointment for Vice Chair of the City Commission. (APPLAUSE) Commissioner Sanchez: I have a feeling the Sergeant -At -Arms is going to be pretty busy. Commissioner Teele: Yeah, this is going to be a busy year for the sergeant -at -arms. 28. GRANT APPEAL OF ZONING BOARD DECISION, WHICH DENIED VARIANCES FROM ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW FRONT YARD SETBACK OF 13.80' AND REAR YARD SETBACK OF 7.65' FOR TWO-FAMILY RESIDENCE AT 320 NW 32ND COURT. (Applicant(s): Jorge and Romelia Lecourtois) Commissioner Regalado: No, Mr. Chairman, I would really like if you can take, I don't know what PZ item but there is a group residents that have been here and I think that they may be from my district, I'm not sure because I don't know -- Ms. Fernandez, what is the PZ item that -- Graham Penn: That's Item 10. Commissioner Regalado: I'm sorry. Mr. Penn: That's item 10. 155 December 12, 2002 Commissioner Regalado: Did we take -- are they here? Are they here for PZ -10 this group of persons? Mr. Penn: The people in the back, yes. Commissioner Sanchez: Are they here for support or opposition? Mr. Penn: Support. Commissioner Regalado: OK, can we take, Mr. Chairman, can we take PZ -10. Chairman Winton: It will be my honor to accommodate you. So, let's do -- that's PZ -10. We will go to PZ -10. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -10 is an appeal of a variance that was denied by the Zoning Board. The Planning and Zoning Department has also recommended denial of the variance. This property is seeking a front yard setback variance and a rear yard setback variance and there's no hardship to justify the variances, therefore it was denied by the Zoning Board and this is the appeal before you tonight. Chairman Winton: Yes, sir, your name and address. I've got to wait for Mr. Fernandez. Commissioner Regalado: Let me understand, Lourdes. Mr. Chairman, if I may. Chairman Winton: Yes, please. Commissioner Regalado: Let me understand, because this is in District 4 and I know this area. This is West Little Havana. What they are seeking is, they have already have duplex right? Ms. Slazyk: Yes. Commissioner Regalado: And they are seeking to reduce the setback front and back that's what they -- Ms. Slazyk: Yes, these are after the fact setback variances. The work has already been done. The required variance -- the required setback for the front yard is 20 feet. They have a proposal of 13.8, which means it's a variance of 6.2 feet. In the rear, the required setback is 20 feet and they have built an addition that's got them at about seven and a half feet from the property line. So, they're requesting a 12 -foot setback variance approximately in the rear, but the work has already been done. Chairman Winton: Was the work done with permits? Ms. Slazyk: Pardon? 156 December 12, 2002 Chairman Winton: Was the work done with permits? Ms. Slazyk: No. Commissioner Regalado: What they are trying to do now is to adjust to the code by seeking this variance, right? Ms. Slazyk: I didn't hear. I'm sorry. Commissioner Regalado: What they are trying to do is to comply with the code by seeking the variance. Ms. Slazyk: Correct. If they get the variance, then they would come get the building permits after the fact; that would allow the structure to remain. Chairman Winton: Yes sir, name and address, please. Mr. Penn: Thank you. Graham Penn, 200 South Biscayne Boulevard Suite 850, here representing the applicants Jorge Romelia Lecourtois. With me are the Lecourtois, Ben Fernandez from my office, as well as a large group of supporters. I'm sorry. It's been a long day so I'm going to try to keep this as short as possible. First things first, I'd like to have our supporters stand right now or at least waive and indicate who they are. I think most of them are already standing OK. We're also sending around a petition in favor of this application that's signed by 55 of my client's neighbors and on the outset I'd like to address the issue of who built these nonconforming structures. My clients purchased their home in 1998. It was a legal duplex built in 1958. In the 40 years between the initial construction and my clients purchasing the property, the structures at issue were constructed so, my clients bought this property with the nonconformities there. Of course they were not aware of the nonconformities' existence. Neither was the City frankly because NET (Neighborhood Enhancement Team) had no record of it. The nonconformities only came to light after my clients actually went and got a fence permit, requested a fence permit, which as you Commissioners probably know, that it's incredibly rare in the City of Miami someone actually going for a fence permit. My clients are not the people that constructed these structures, what they're trying to do is just play by the rules. We'll let me get to what we're really doing here. The history of the project is that they came in for fence permit and was denied based on the nonconformities. They filed zoning application for the variance, they did it themselves. They weren't represented below so, that vote of the Zoning Board could reflect that they were not, that they were not represented below and it was no significant argument on their behalf showing the actual undue hardship that we have in this case. Our firm was then hired to do the appeal and first things first, the issues before you, Lourdes, didn't mention it but we are officially withdrawing the application for the rear setback variance. That rear structure is a bedroom and you know, we got on the case, we recognized that you know, this rear structure there's no hardship here and a bedroom is truly the kind of nonconforming use that is dangerous to the quality of life for the people in the surrounding neighborhood. It increases the density so, we suggested to our clients that they withdraw that and we demolish that 157 December 12, 2002 bedroom. They've agreed to do so. Again, they did not build this, but they're willing to spend a heck of a lot of money for working people to knock this bedroom down. Commissioner Regalado: Excuse me, Mr. Chairman. Can I -- Chairman Winton: Yes, I'm sorry. Commissioner Regalado: You say, hello -- Mr. Penn: I'm sorry. Commissioner Regalado: You say that you're withdrawing what, the setback from the back? Mr. Penn: Yes the request to vary the rear setback, and my client is actually right behind me, is agreeing now, to knock that down at his expense. Chairman Winton: And so he will be in compliance with the rear setback. Mr. Penn: Yes, sir. Chairman Winton: And so the only variance would be the front setback. Mr. Penn: The only thing in front of you now is that six feet in the front. Chairman Winton: OK, keep going then. Mr. Penn: Unlike the issue with the bedroom we believe that there is a true undue hardship supporting our requested front porch variance and we've communicated this to the City Attorney via letter and we've also communicated with Lourdes about it, also for what it's worth, you can see at tab one there are photos of the porch and the house. We actually think that the porch improves the look of the house, makes it fit in with the surrounding development. All right, let me turn now to the crux of the matter, the undue hardship. My clients live on a small residential street, however for setback purposes, they are being treated by the code as if they live on one of the largest widest streets in the City of Miami. Now, let me explain. If you turn to tab two of the handout, you will see a survey of the property. At the bottom of the page is the street. Northwest 32nd Court. From the edge of the roadway to the front porch of my clients home is 44 feet. This large area between the building and the sidewalk is now made up of landscape space and driveway. You can also see that in the photos. I also wanted to note, as an aside, my clients actually applied for landscape and paving permits for that, for obviously the driveways and the planting they've done in there; two more very rare permits in the City of Miami. If the base building line from my clients' property was measured from the edge of the actual road, this porch would be far outside the setback, but the problem is because of the way the code works, their base building line is not measure from the edge of the actual road, but it's measured from a hypothetical platted road and unfortunately for my clients, that platted road is 100 feet wide. Let me give you a little bit of history. This property was platted in 1921. The subdivider at that time, like many developers now and then, had grandiose and ultimately unrealistic views of what 158 December 12, 2002 his development would turn out to be. Now, the initial vision for what is now Northwest 32nd Court, which is, of course, a small residential street, was a grand boulevard of, again, 100 feet wide. To give you some idea of how wide that is, you can look at tab five. The City code lists 10 streets in the City that are 100 feet wide or wider. That list includes such obvious streets as Unity Boulevard, Coral Way, et cetera. You can also see further into tab five there's a comparison photo showing an actual hundred foot road which is Unity Boulevard and my clients' street, which is obviously not a hundred foot road. In the 81 years since this plat was recorded Northwest 32nd Court is not turned into this hoped for, grand majestic commercial boulevard, but has remained a small local, residential street about 22 feet in width. I think if you look at tab three, sorry to put you through so many tabs but, tab three is portion of the zoning map and it shows the absurdity of the situation clearly. If you look, my clients' property is down in the lower right corner, it's the hatched area next to that arrow. You see the street right in front of their property is gigantic. This is -- actually if you look at the full zoning map of that area, this is wider than Flagler. However, but one block north, you can see that just north of Northwest 4th Street, the street completely collapses; it's about 35 foot at maximum, and then just one block further north of that, it completely dead ends, so I think it's pretty darn clear that a hundred feet wide is never going to happen, so this is essentially a phantom boulevard that exists only on the zoning map. I think the inequitable situation that my clients are placed in can be shown incredibly clearly if you look again at tab four this time. Tab four is two photographs, both taken from Northwest 4th Street. The first is south towards my clients house the second one is north away and you can see that the people to the north have a lot more property with which to work, simply because of the platted streets it's actually a reasonable street for that area. My clients maintain this 40 -foot strip in front of their house, but because of this weird quirk in the zoning code they simply can't take advantage of it for zoning purposes, and we believe that the City's continued reliance on the illusion that Northwest 32nd Court will eventually become another Unity Boulevard, a Coral Way has unduly burdened our clients to the point that it justifies this small variance to accommodate their porch, again, a porch they did not build. I cannot leave the topic of burdens without noting that my clients tonight already agreed to spend a lot of money to demolish that rear bedroom that, again, they didn't build. The cost to them to demolish this porch, a porch that has no real serious impact at all on the neighborhood, would be unduly burdensome in our opinion. Next to last, I'd like to talk a little bit about the extent of the variance. If you look at our final tab, which is tab six, you'll see the tax card for the property. The tax card shows the duplex. It also shows a stoop that was obviously a grandfathered stoop in front of the property which is a 4.5 foot stoop, so it could be fairly said that the actual variance we're asking for, since we can rely on this grandfather stoop is about two feet, so, we really think it's a de minimis request. Finally, and I apologize for going on for so long, but I'd like to discuss for a second impact on the neighbors. I think it's clear from the people that have shown up and the people that have signed this petition. If you look at those addresses, those are people in the immediate neighborhood. They are -- have no objection to this porch. It's obviously not a problem. I think that's even clearer when you look at the photograph and you see how far away the people across the street are because again it was platting quirk, so there's no impact. It looks like, I mean, it makes the house appear more like its neighbors. It also has no real impact across the street because the people across the street are too far away to really even see it. OK, in conclusion, first, again, this nonconformity that we're asking the variance for was not created by my clients. They have demonstrated throughout their ownership of this property that they want to play by the rules. They've applied for -- every single thing they've done for this property, 159 December 12, 2002 they got a permit for, which again is incredibly unusual. Very few people apply for permits for every little thing they do. Second, the clients have agreed to demolish the real problem nonconformity here, which is that bedroom, which could increase the density in the area. The nonconformity that we're seeking to maintain, of course, it's just a porch; it's not going to become someone's bedroom. No one is going to be living there and decreasing the quality of life for the neighborhood. Third, we believe that the code's reliance on the width of this platted road that is never going to be built to set the base building line in this case, unduly burdens our clients. Fourth, we think it's inequitable that our clients maintain this property in front of their house. Again, the City doesn't do it for them, but they cannot rely on it at all for zoning purposes, so, it's kind of theirs to maintain but they can't have any benefit from it. Fifth, given the property has a grandfathered stoop of four and a half feet, the extent of the variance it tiny that we're really asking for and is truly de minimis as a matter of law. Finally, I think it's clear that this porch has very little negative impact on its neighbors at all. OK, I'm done. Accordingly we request reversal of the Zoning Board's decision. Chairman Winton: Thank you very much. Is there anyone from the public that would like to speak on this issue? Commissioner Regalado: Mr. Chairman. Ondina Suarez: (Translated into Spanish Chairman Winton's question) Commissioner Regalado: Mr. Chairman, if I may. Chairman Winton: Yes, sir. Commissioner Regalado: I -- Ms. Suarez: They've just informed me they are all in favor of, so they don't have problem. Chairman Winton: Thank you very much. Commissioner Regalado: I just want to say, thank you, I just want to say that I know this area. I know this area very well. I go to St. Michael -- Chairman Winton: Commissioner, I mean, could I interrupt you for one second? So, did I hear that, you said that all of the people who are back there are in favor of the variance? Ms. Suarez: All of the people -- Chairman Winton: And so that's their statement -- Ms. Suarez: -- that are standing there in the back. Chairman Winton: -- in the public? 160 December 12, 2002 Ms. Suarez: Yes, sir. Chairman Winton (Translated into Spanish by Ondina Suarez): Is there anyone else from the public that would like to comment on this item? If there is not, then I would like to close the public hearing. Ms. Suarez: The gentleman behind me is just informing me that we just all in favor for it. Chairman Winton: Thank you very much. So, we close the public hearing. Commissioner Regalado, you are recognized. Commissioner Regalado: Thank you, I was going to say that I know this area. I know this area very well because I go to St. Michael, I work in the T.V. station about three or four blocks away, but I know that there's a lot of people that are proud of this neighborhood and I really like to congratulate these people who have shown up because I know that they do take care of the neighborhood, and you know when I saw one person here I was convinced that this is a good thing to accept the appeal and I'll tell you why. I've known that gentleman over there back of the attorney, for many, many years Lazaro Watson. This man has a home, is a property owner in that area and he is very picky. He is a person that calls the elected official, the police, the code enforcement. He is a person that takes care of the neighborhood and if he's in support, I'll tell you, this is great for the neighborhood and I am, I pass by this area four or five times a week, so Mr. Chairman, I am prepared to move a motion to accept the appeal of the residents. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second and to make sure that we understand the motion you're making -- Commissioner Regalado: The motion is to accept the variance in the front because they withdraw the variance from the back. Chairman Winton: Thank you, I just wanted to make that clarification and we have a second on that, and I would like to make a companion point to what Commissioner Regalado made, because when I first saw this when I read the P and Z (Planning and Zoning) thing, my initial reaction was no because it's two variances. It's front and back and that creates long-term undue negative influence on the neighborhood long-term, so I too commend your client for I think, really doing the right thing here, improve that neighborhood long-term and it's the reason that he's also going to get my yes vote as opposed to a no vote. Is this a -- Commissioner Sanchez: Call the question. Joel Maxwell (Deputy City Attorney): It's a resolution and it will be a -- the motion would be reversing the decision of the Zoning Board and granting a variance for the front yard setback of 13.8 feet solely. 161 December 12, 2002 Chairman Winton: Right. We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. Thank you. Commissioner Regalado: Congratulations. Mr. Penn: Thank you gentlemen. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 02-1308 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 29. CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE OF PUBLIC RIGHT-OF-WAY POTION OF ALLEY BETWEEN NE 61" Street AND NE 62ND Avenue (Applicants(s): Jean-Claude Timmer, Owner.) Chairman Winton: OK, what's the agenda item now? Joel Maxwell (Deputy City Attorney): We went out of order so -- Chairman Winton: Commissioner Regalado. Chairman Regalado: Yes, sir. Chairman Winton: If you leave me the gavel the next time would you leave the gavel with an agenda that I can follow? I am totally lost. Mr. Maxwell: Pick up number six, Mr. Chairman. 162 December 12, 2002 Vice Chairman Winton: Pick up what? Chairman Regalado: I'm a little disorganized. Vice Chairman Winton: So, we're going to go to, well what's the -- we might as well finish PZ's, we're in them. OK, so, PZ -6. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -6 is an application for an official vacation and closure of an alley between -- Northeast 61st Street and Northeast 62nd Street, east of Northeast 2nd Avenue. This particular property was also the subject of a Class II Special Permit, which was granted by the Planning and Zoning Department with conditions and in the Class II Special Permit a sort of mini park was provided in the corner of the property. This, we find, to meet the public benefit portion of the street closure of that criteria. Therefore, we recommend approval of this closure subject to the conditions of the Class 11 Special Permit, which included that park. Chairman Winton: Is this right in the path of the proposed Little Haiti Park? Ben Fernandez: Yes. Ms. Slazyk: It's sort of on the end, yes. Chairman Winton: Sort of on the end, what does that mean, sort of on the end? Ms. Slazyk It's private property but it's toward the end of -- one end of what is sort of mapped out as the Little Haiti Park. Chairman Winton: Well, but it it's -- Ms. Slazyk It's one of the entrance areas. Chairman Winton: -- but is it an entrance area that's included in the planned park, or is it outside the planned park? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: It is specifically included within the Little Haiti Park area, however, it is on the boundary, that is, along Northeast 2nd Avenue, the parcel of land. One of the misunderstandings about the park is that unlike the Corps or Engineers coming in with a bulldozer, the reports and the recommendations have always been unanimous about one thing. We want to maintain, the community wants to maintain a commercial exterior with the park behind that area. The whole issue of what's on the commercial side of those things that are not compatible with the park such as a dry cleaners or a liquor store, and so the goal has been those 163 December 12, 2002 things that are commercial that are going to hire people, would be acceptable and in this particular case it appears that is a business that is going to generate probably 30-40 jobs, so contrary to what the press has continued to say that the park is about taking jobs away, the park is about insuring that those activities that are abutting the park are consistent with what you would want in a park, and so if this were interior, in other words, if this were not abutting Northeast 2nd Avenue on the west side or abutting the railroad track on the east side, there would be a strong objection. In other words, if we were putting something in the very center, but this alleyway abuts a parcel that is abutting Northeast 2nd Avenue. Ms. Slazyk: There's a plan in your package that shows -- the park -like setting for it is how where we found it to be consistent -- Chairman Winton: I just wanted to make sure that I understood that, because it would make -- Vice Chairman Teele: No, but Commissioner Winton, you don't know, Mr. Chairman, you don't know how much I appreciate your concern because it's the right kind of question to ask and I'm very happy that you've asked it because the whole goal here is along Northeast 2"d, when you drive along Northeast 2"d, we don't want you to see open space like a park. We want you to see a commercial sort of corridor that is there and obviously those things that are there. There some -- there's a bookstore that's there, there's a community theatre that's there, there's a whole series of -- Chairman Winton: Great. Vice Chairman Teele: -- restaurants, we don't want to remove any of that. Vice Chairman Winton: Just wanted to make sure that we weren't creating a business opportunity here when we didn't need to but now I understand that this is part of the plan so, my question is answered. Vice Chairman Teele: It's not part of the plan but it is comprehended -- Chairman Winton: Right. Vice Chairman Teele: -- and it is contemplated as a compatible use within the context of the plan. Vice Chairman Winton: This is a public hearing, so, if there's anyone from the public that would like to comment of this please come to the podium. Yes, sir, you are recognized. Your name and address please. Mr. Fernandez: Thank you, for the record, Ben Fernandez, 200 South Biscayne Boulevard with the law offices of Bercow and Radell. On behalf of the property owner, Mr. Jean Timmer as well as the contract purchaser, Wendy's International, with me this evening is Mr. Timmer as well as Joe Keith of Wendy's International. This is a small remnant alley 187 feet long. It presently serves no purpose. Your Plat and Street Committee overwhelmingly voted in favor of 164 December 12, 2002 this alley closure, as did your Zoning Board. I would second the comments of Commissioner Teele. This is really a project that's going to be symbiotic. It's going to help the park. There is some question as to the viability of the park. This is going to, if anything, ensure its success by allowing the corner triangle of this irregularly shaped parcel to become a park before you even create one, because in essence through the class II permitting process, the City has -- I hate to say it -- exacted a third of the property as an open space park area for the benefit of the patrons as well as the public, so we ask you to vote in favor. Thank you. Chairman Winton: Is there anyone else from the public that would like to comment on this item? Being none, I'd like to close the public hearing. Do we have a motion from -- Vice Chairman Teele: So move, Mr. Chairman. Commissioner Sanchez: Second, Mr. Chairman. Chairman Winton: We have a motion and a second. This is a resolution, so do we have any further comments from my colleagues? If there are none, I'd like to call the question, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. Thank you. Mr. Fernandez: Thank you very much. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1309 A RESOLUTION OF THE MIAMI CITY COMMISSION Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: We're going to go to PZ -7, but before we go to PZ -7, could you bring Norma out here real quick? I would like to, and I'm sorry, I guess the prerogative of the chair -- but I would like to recognize the -- we do have some food in the back here and the food is provided by Ms. Norma Gordon who owns Island in the Grove. It's a minority business that is owned and 165 December 12, 2002 operated by a minority individual who lives in the West Grove and I think this may be one of the first times ever that we had, you know, a very small business that's providing the food for this event so, is she here? And here's Ms. Norma Gordon, Ms. Gordon, thank you very much for coming -- (APPLAUSE) Chairman Winton: -- and providing us, it's an honor to have you. Norma Gordon: (INAUDIBLE) Chairman Winton: Our pleasure, thank you very much. 30. CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE OF PUBLIC RIGHT- OF-WAY PORTION OF ALLEY BETWEEN NE 60TH Street East OF NE 5TH Avenue. (Applicant(s): Lillian A. Ser, Esquire and Carlos A. Gimenez, City Manager). Chairman Winton: OK, PZ item 7. Chairman Winton: This is a public hearing. Anyone from the public like to comment? Yes, ma'am you are recognized, your name and address please. Lillian A. Ser: Good evening my name is Lillian Ser, of the law offices of Shutts & Bowen, located at 201 South Biscayne Boulevard. I'm here on behalf of the Cushman's School and am joined here today by the project architect Mr. Max Stirman. Our appearance before you -- Chairman Winton: Could I interrupt you for one moment? Could I find out if there's any opposition in the audience to this PZ item? Is there anyone in opposition to PZ -7 in the audience? It doesn't appear as though there is, so -- Ms. Ser: Just like to say we meet all the requirements. We've met the public interest requirements and we have approval as Ms. Slazyk mentioned from the Zoning -- Plat and Street Committee, the department and we respectfully request your approval. Chairman Winton: Thank you very much. Anyone else from the public like to comment? Being no one else, I'd like to close the public hearing. Let's see, Vice Chairman Teele would you mind chairing for the moment? Vice Chairman Teele: Thank you Mr. Chairman, the chair recognizes Chairman Winton for a motion. Chairman Winton: I would like to move staff recommendation on this item. 166 December 12, 2002 Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Vice Chairman Teele: Moved and second, Commissioner Sanchez. Second by Commissioner Sanchez, is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the same right. Item is unanimously adopted. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1310 A RESOLUTION OF THE CITY OF MIAMI COMMISSION Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado. ChairmanWinton: Thank you, and just for the record, the Cushman School is doing one heck of a job up there. Those of you who haven't see what's going on, should go up -- that schools been in that neighborhood 75, 95, what's that number of years? Ms. Ser: Over 80 years. Chairman Winton: How many? Ms. Ser: Over 80 years. Chairman Winton: Over 80 years, that's a long time, one school operating up there and they do a great job, thank you. Could we go to PZ item number 8? Ms. Slazyk: Eight was deferred. Chairman Winton: Oh, deferred. 31. APPROVE RELEASE OF COVENANT RUNNING WITH LAND AT 2145 NW 19TH TERRACE AKA 2101 NW 19TH TERRACE. (Applicant(s): A.N.I. Terrazas Inc.) Vice Chairman Winton: 9. 167 December 12, 2002 Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -9 is a request for release of a covenant. This covenant was recorded in 1998 as a result of a request for additional height and density for a proposed housing project that was subsequently abandoned. The project that was constructed does meet all of the zoning codes and doesn't require any of the variances or density bonuses that were requested as part of the original covenant, therefore, it is no longer necessary. The project now wants to convert to condominium and this sort of covenant is kind of a cloud on the title, so we would recommend approval of the release because it has no effect. Chairman Winton: Anyone from the public like to comment? Let me re -ask this question. Anyone from the public in opposition to this item? Anyone from the public, sir, are you in opposition or in favor of? Victor Angulo: In favor. Chairman Winton: Anyone from the public in opposition to this item? Sir, since you're in favor, would you like to put your name and address on the record please and be brief. Mr. Angulo: Victor Angulo. I am the owner of the property. Chairman Winton: And you're in favor of this? Mr. Angulo: Yes, I am. Chairman Winton: That's all you have to say? Thank you. Anyone else from the public like to comment? Being no one else, we'd like to close the public hearing on PZ item 9 and we need a motion. Commissioner Gonzalez: Mr. Chairman, I'd like to move item 9. Vice Chairman Teele: Second. Chairman Winton: We have a motion on item 9. Second by Commissioner Teele. Any other comments? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-1311 THE RESOLUTION OF THE MIAMI CITY COMMISSION Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: 168 December 12, 2002 AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Winton: Motion carries. PZ 10 we did. Have we done 11? No? 32. DENY APPEAL OF ZONING BAORD DECISION, WHICH DENIED VARIANCE FROM ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRIC REGULATIIONS, TO ALLOW EXISTING BUILDING IN REQUIRED REAR YARD SETBACK, TO ALLOW REAR YARD SETBACK OF 13.78' FOR SINGLE FAMILY RESIDENCE AT 661 NE 83RD Street (Applicant(s): Larry L. Lehew, Owner). Chairman Winton: PZ -11. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -11 is also an appeal of a variance that was like PZ -10 denied by the Zoning Board, recommended for denial by the Planning and Zoning Department. It is a request for a rear yard setback variance where 20 feet is required. The proposal is 13.78 feet, so, the waiver would be for 6.22 feet. Again, this is, in particular, this is an oversized property, over 8,000 square feet, however, where a typical lot in the City is only 5,000 square feet so, we find no hardship and we recommend denial. Chairman Winton: Excuse me, Lourdes, what's the variance they're seeking again? Ms. Slazyk: They're requesting 6.22 feet variance from the rear. Instead of leaving 20 feet, they would leave 13.78. Chairman Winton: Got it. Thank you. Ms. Slazyk: This is not an after the fact one. We believe since it is new construction it could be designed to meet the code. Chairman Winton: OK, thank you. Leonard Feldman: Good evening, my name is Leonard Feldman. Chairman Winton: You're going to have to get -- hold the microphone up. Mr. Feldman: OK. Thank you, sir. Chairman Winton: Yes, sir. 169 December 12, 2002 Mr. Feldman: Leonard Feldman, I'm an Attorney, 2655 Le Jeune Road, Coral Gables. I reside at 3575 Madison Avenue in Coconut Grove. This is a very unique situation. This house was built in the 1950's and has been standing as such ever since. When the house was originally built the setback was 10 feet so, the original house is about 13.7 feet from the setback. Sometime in the early 1990's, I think it was actually 1990, the zoning was changed requiring a 20 -foot setback, so, automatically part of the house was within the new setback requirement. The parties have owned this property since about 20-30 years. They now want to construct a room to house an elderly family, elderly parents, and want to complete the construction in a way that it will be level with the original building. They don't want to go any further back, so they would then be about 6.23 feet from the setback with -- from the proposed setback, that's a variance requirement. There will be no visible changes from the street. The house is approximately 8,000 square feet lots, not house. The old addition is approximately 240, excuse me 406 square feet, so it is not creating a residence that is oversized. The residence has been there for over 50 years and these people really need the help because it is not a hardship in order just to complete the building to make it conform to what it originally was when it was built in the 1950's. We really need your attention to this and as I say, there is a genuine hardship to the family in trying to create a room for the elderly parents to reside there and it wasn't that -- the owner did not create the hardship, the change of zoning created a hardship while they owned it. They did not buy it recently, the have not speculated, they're not looking to add any additional area to it in order to increase the value of it. They plan to live in it for a long time. We're here to answer any other questions. I have a little proposal here. Chairman Winton: You need to, yeah, please go back to the microphone please, so that it's on the record. Mr. Feldman: Thank you. I had submitted copies of this. It really shows the original house with the 13.7 feet from the setback built in the 1950's. This is the original house. They now want to add this addition right here, which would make it level with the original house. Thank you. Chairman Winton: Anyone else from the public likes to comment on this item. Anyone else from the public -- Vice Chairman Teele: Anyone in opposition? Chairman Winton: --on PZ -11; being none, I'd like to close the public hearing. Vice Chairman Teele: What's the staff recommendation? Ms. Slazyk: What's the what? Chairman Winton: Deny the variance. Ms. Slazyk: It's a variance -- 170 December 12, 2002 Chairman Winton: The Planning and Zoning Department recommended denial and Zoning Board recommended denial, and I guess that -- is this in my district, Commissioner Teele or yours? I think it's in mine, isn't it? Vice Chairman Teele: What's the address? Chairman Winton: 661 Northeast 83rd Street, and whether it's in mines or in Commissioner Teele's is irrelevant, frankly, because he and I, 99 percent of the time see all these issues the same, and I will have to admit that I'm struggling to understand the hardship. You -- the fact that the code changed some time ago and today you're wanted to build something that could have conformed to a code that is 15 years old, or 20 years old or 10 years old is a tough one to make contact with. I mean, it would be like me taking my office building downtown and I'm going to want to make some significant changes but the building was really built under an old code and I'm going to make some significant changes because it's important to me but I want to still meet the old code. I mean, it just doesn't fly and you do have a bigger lot. I know it's more convenient for you, but I don't see how convenience fits the hardship rule that really is supposed to govern this kind of variance so -- Mr. Feldman: May I respond? Chairman Winton: Well, I think not, because I think I closed the public hearing so, sorry, but that's my thought about this, fellow Commissioners, so Vice Chairman Teele, would you like to share this so I can make a motion? Vice Chairman Teele: Thank you Mr. Chairman, you are recognized for a motion. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there an objection? All those in favor signify by the sign of, "aye". The Commission (Collectively): Aye. Vice Chairman Teele: Those opposed have the same rights. The request is denied. The Zoning Board and the staff recommendation is approved. Chairman Winton: Thank you. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1312 171 December 12, 2002 AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado. 33. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESINATION FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL" AT 250 NW 23RD STREET (Applicant(s): Wynwood Lofts, LLC.) Chairman Winton: PZ -12. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -12 and 13 are companion land -use and zoning amendments for the property located at approximately 250 Northwest 23rd Street. The request is going from industrial to general commercial. The department has recommended approval. The Zoning Board and the Planning Advisory Board recommended approval. This particular change is something that we'll being to introduce, the type of mixed-use loft type housing into the area that we've been working so hard for. This particular property owner has done it before in the area and that was you know, the intention of this. It is in an area that is appropriate for this and we recommend approval. Chairman Winton: OK, this is a second reading ordinance on PZ -12. It is a public hearing. Anyone from the public particularly anyone from the public in opposition to PZ -12. Lucia, are you in opposition? Lucia Dougherty: No, sir. Chairman Winton: OK, anyone from the public in opposition to PZ -12? Lucia would you like to comment briefly? Ms. Dougherty: How fast would you like it? Vice Chairman Teele: Very fast. Vice Chairman Winton: 33 seconds at most. Ms. Dougherty: We'd urge your support for this. Vice Chairman Teele: Move the staff recommendation. 172 December 12, 2002 Chairman Winton: I would like to close the -- Commissioner Gonzalez: Second. Chairman Winton: -- anyone else from the public? Being no one else from the public -- like to close the public hearing. Commissioner Teele, you have a motion? Vice Chairman Teele: To move the staff recommendation. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. This is an ordinance please. Read the ordinance, please. Roll call, please. 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. The ordinance was passed on its first reading, by title, at the meeting of November 19, 2002, was taken up for its second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12301. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The ordinance is adopted on second reading, 4/0. 173 December 12, 2002 34. SECOND READING ORDINANCE: AMEND PAGE NO. 21 OF ZONING ATLAS OF ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM I INDUSTRIAL TO C-2 LIBERAL COMMERCIAL AT 250 NW 23RD STREET. (Applicant(s): Wynwood Lofts, LLC.) Chairman Winton: PZ -13. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -13 is the companion zoning change. We recommend approval. It's also second reading. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: We have a public hearing. Anyone from the public like to comment on PZ - 13? I see no one, we'd like to close the public hearing. Commissioner Sanchez: So move Mr. Chairman. Chairman Winton: We have a motion -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second. Read the ordinance please. Roll call, please. 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 AT APPROXIMATELY 250 NORTHWEST 23RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE The ordinance was passed on its first reading, by title, at the meeting of November 19, 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 Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. 174 December 12, 2002 Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12302. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Winton: Roll call. Pricilla A. Thompson (City Clerk): Roll call. The ordinance has been adopted on second reading, 4/0. Chairman Winton: Wonderful. 35. SECOND 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 Winton: PZ -14, please. Susan Cambridge: Susan Cambridge, Planning and Zoning Department. PZ -14 is a part of the clean up. It's in the Roads community and it's a stable single-family neighborhood. We recommend to change the land -use from office to single-family residential to match the existing single-family zoning. Chairman Winton: And this is a second reading. Anyone from the public -- this is a public hearing. Anyone from the public like to comment on PZ -14? Being no one, I'd like to close the public hearing. Need a motion. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on PZ -14. Discussion? Being none -- is this an ordinance? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Winton: OK, read the ordinance. 175 December 12, 2002 An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION 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; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE The ordinance was passed on its first reading, by title, at the meeting of November 19, 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 Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12303. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. 36. SECOND 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 Winton: PZ -15. Susan Cambridge: 15 is a part of the clean up also. The existing use on the property is office and the existing zoning is office; therefore, we're changing the land -use designation from restricted commercial to office to match the zoning. 176 December 12, 2002 Chairman Winton: And this is a second reading and a public hearing. Anyone from the public like to comment on PZ -15? Being none, like to close the public hearing. Need a motion, please. Chairman Regalado: Move it. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on PZ -15 call the roll please. You haven't read the ordinance yet? What's the hold up? Please read the ordinance. Roll call, please. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE 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 A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE The ordinance was passed on its first reading, by title, at the meeting of November 19, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, 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 Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12304. The ordinance was read by title into the public record by the City Attorney. Pricilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 5/0. 177 December 12, 2002 37. SECOND 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): Carlos A. Gimenez, Miami City Manager). Chairman Winton: PZ -16. Chairman Regalado: Does the City Attorney know how to speed-read? Chairman Winton: He was doing pretty good. I don't think he took a breath on that one. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -16 is second reading on the cell tower ordinance. We recommend approval. Chairman Winton: Which is a second reading, a second reading and a public hearing. Anyone from the public like to comment on this, on PZ -16? Being none, we're going to close the public hearing. Need a motion. Commissioner Gonzalez: Move 16. Chairman Winton: We have a motion -- Commissioner Sanchez: Second. Commissioner Regalado: Second. Chairman Winton: -- and a second on PZ -16. Read the ordinance. Roll call, please. 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 MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE The ordinance was passed on its first reading, by title, at the meeting of November 19, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton 178 December 12, 2002 Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12305. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. 38. CONTINUE CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE DESIGNATION AT 544 N.E. 78 STREET FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" TO COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. Chairman Winton: PZ -17. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -17 and 18 are companion land -use and zoning change for the property located at 544 Northeast 78th Street. The request is for medium density multi -family residential to restricted commercial. It's recommended approval by the Planning and Zoning Department. The Planning Advisory Board recommended denial by a vote of 5-2 on the land -use change. The Department's recommendation of approval is based on the fact that this property -- there was a concern about commercial intrusion in the multi -family to commercial. The property's very small so the -- it's not like it's going to be big enough to accommodate a large commercial use but it's right by the INS (Immigration and Naturalization Services) and other commercial properties along Biscayne Boulevard that need additional companion uses such as parking, which is very much needed to serve the area. We believe that this is a logical extension of the category and that it will serve as a compatible zoning to the adjacent area, that's why we recommended approval. Chairman Winton: This is a public hearing. We'd like to open this to the public. Yes ma'am your name and address please. 179 December 12, 2002 Eileen Bottari: Yes, my name is Eileen Bottari. My address is 505 Northeast 76 Street. I'm here representing my neighborhood and also Palm Grove Neighborhood Association. We are against the rezoning of this property to commercial. This property is located on the Little River waterway, which is a protected manatee area. The 500 block is all residential except for the property up on Biscayne Boulevard. We do not recommend rezoning our residential neighborhood commercial. We need to protect the integrity of our residential neighborhood. The INS building is on 79th Street, which is a commercial lot. It has nothing to do with 78th street. All of the properties along the Little River waterway on the north side are medium apartment buildings, residential. On the south side of the riverway, we have single-family homes and putting a parking lot on a Little River waterway, which is a protected manatee area, is not a good idea for our neighborhood. We have a master plan that was presented and worked on by the neighborhood and it was finished in the year 2000 and in the master plan it says to protect, restore and renovate the residential neighborhood, not to rezone it commercial, also, Commissioner Winton has an FEC (Florida East Coast) corridor revitalization program and part of this is the Little River waterway and the Little River waterway the way it was presented in the workshops was not to rezone commercial but to leave residential, to renovate, to improve, so we ask the Commission please follow what the Zoning and Panning Advisory Boards did and deny the rezoning to commercial, thank you. Chairman Winton: Thank you. Next. Next. Name and address please. Maneswar Maharaj: My name is Maneswar Maharaj. I am representing the Knights Corporation. Actually -- Chairman Winton: You're representing who? I'm sorry. Mr. Maharaj: Knights Corporation. This building is located right opposite the INS building. Actually we have no future plans for implementing a parking lot. What we want to do is, we want to have like an office building for doctors and lawyers so we won't be tearing down the building. All we would be doing is upgrading this building to beautify the area. If you pass there anytime you see this building it has a very good architectural design and we have some pictures here what the building would look like when it's finished and just to say something also that waterway wouldn't be endangered anyway. There have been marinas in that area right on that waterway and there's a service station right next door there. We have no idea -- we not going to be putting anything there that would harm the manatees or anything. All that's going to go in there is office building. I think that would serve that area and the people there. The INS as well you know, immigration attorneys and immigration doctors and so forth, so we have our plans here as you can see what it would look like I mean, it would benefit the City for a good reason and as she said, it was for a parking lot. We have no idea for putting a parking lot in there anymore. We want to put this office building that would be leased out to immigration attorneys and offices for doctors as well, so with your approval I would appreciate that very much so -- Chairman Winton: Thank you very much. Anyone else from the public like to comment on PZ - 17? No one else? Then, I'd like to close the public hearing. Vice Chairman Teele would you like -- 180 December 12, 2002 Vice Chairman Teele: I would like to move the approval. Commissioner Gonzalez: Second. Chairman Winton: What are you, I'm sorry, what are you -- what did you just say? Commissioner Gonzalez: Move to approve. Chairman Winton: Move to approve the rezoning? Joel Maxwell (Deputy City Attorney): This is the comp. plan change. Chairman Winton: Well, I guess my comment is that -- and I'll have to admit Eileen and I see many issues not quite the same. Eileen Bottari, she spoke first, but I have to agree with her completely. I think that you know, this really is -- it's in a residential neighborhood. All of the commercial stuff is really on the other side. There isn't any compelling reason that I can see to take this residentially zoned little strip back here that's off the commercial corridor and bring more commercial intrusion into a residential neighborhood. Yes, that office building might look nice, but there's a million areas up in that particular zone where there's land available where you can -- that's already zoned where you can build a nice office building and you don't start this little creeping process going into a clearly residential area right along the Little River, so from -- and I hate to disagree with our own Planning Department because they're the experts but they've been training me, and from my view point from a planning process, I would never allow this commercial intrusion to begin creeping back there because if you all look at the aerial, there isn't much rationale for three years from now going back one more step to the next building right there to the west, and then one more step, to the point where you get to Northeast 5th Avenue and you've taken all of the land along if you follow this logic. You can take all of the land there along the Little River from Biscayne Boulevard all the way to Northeast 5th Avenue and convert it to commercial zoning which would of course fall into the stuff on the north side of 78th. I don't understand that logic, so I'm not in favor or rezoning this site. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: You're not in favor of rezoning it. Chairman Winton: No, sir. Vice Chairman Teele: The Planning Department, you all looked at this and what's your recommendation? Chairman Winton: In favor of. Ana Gelabert (Director, Planning and Zoning Department): It was approval. 181 December 12, 2002 Vice Chairman Teele: What's the basis of your approval? I mean, I sort of -- as long as Ms. Slazyk is standing there I sort of go -- I weigh very heavily the City recommendation. Ms. Slazyk: I think the approval was based in the fact that everything to the north is commercial and next to it from there to the boulevard is commercial, so this property is already surrounded across the street and on one side by commercial. The INS facility actually had a lot to do with the recommendation because of the needs for the supporting uses for INS and increasing the flexibility of this property to able to be used as something that would support that was what lead to our recommendation that this is a logical extension for additional commercial land for those purposes because there really isn't anywhere else that it could go and be able to serve the INS appropriately. Chairman Winton: Except however, you and I both know, Commissioner Teele, that that really isn't accurate. There's an office building across the street on the east side of Biscayne Boulevard that vacant. I mean, so there's a lot of vacant buildings on Biscayne Boulevard up in that area, either vacant or woefully underutilized where if those services were in such demand, somebody would buy some of these products and rehab them and provide the services. The fact is that those services aren't in such great demand or somebody from the private sector would have already grabbed onto that market segment by utilizing existing zoned properties that have almost no value today up and down Biscayne Boulevard around there. Mr. Maharaj: I had. Vice Chairman Teele: Hold it. The public hearings closed. Chairman Winton: Public hearings closed. Vice Chairman Teele: How close is this? Show me the INS building on that map. Chairman Winton: It's on the aerial here. It's the tall building on the aerial, isn't it, Lourdes? Vice Chairman Teele: No, no, no. Chairman Winton: Lourdes, this it? Vice Chairman Teele: Commissioner, let me tell you, this is a very difficult kind of issue because you make a lot of sense Commissioner Winton when you talk about it, but you see part of the problem to me is that once you get the INS building in there, and just know this, the INS has proposed to build different buildings in about five locations all to hear a roaring outcry of, "not in my district, not in my neighborhood, not around me." Now, you got the INS building in there. I can't see really asking residential because what's happening in that area, this is about two blocks from where that car lot was being proposed once about a year or two ago, you remember? The car lot on Biscayne -- the -- Chairman Winton: I remember. 182 December 12, 2002 Vice Chairman Teele: What you've got in this whole area is just such a poor quality of life for the residential people there, and I thought an office use, particularly since the area seems to be stagnant. I'll tell you what I would like, I'd like to defer this item and ask for some kind of economic -- I'd like to know what kind of economic -- how is the neighborhood trending? How is the census area trending in terms of -- how much new residential construction is going on in the surrounding areas and how much commercial, because what we may be doing is not recognizing a change in condition, and I can tell you that INS building generates lines of people up and down a residential passageway onto Biscayne Boulevard and it's a very difficult area, and it may be you know, we need to pull back on this thing and recognize that the neighborhood has changed, and it's changed primarily because of what the INS brings in terms of large numbers of people, roach -mobiles up and down the street because you got huge numbers of people to be fed, so I don't know how my other colleagues see this, but -- Chairman Winton: So, do you -- are you making a motion to defer this item? Vice Chairman Teele: I would like to defer the item and request for the purpose of getting some economic trends, residential versus commercial -- Chairman Winton: You going to withdraw your original motion? Vice Chairman Teele: Yes. Chairman Winton: OK, and now you're making a motion to defer? Vice Chairman Teele: To defer and ask for more economic data that is consistent with understanding whether or not there has been a change in condition in the neighborhood -- a change in the neighborhood underway. Not -- Chairman Winton: OK. Vice Chairman Teele: -- the economics of the neighborhood, but how the neighborhood is trending. Chairman Winton: We have a motion -- Joel Maxwell (Deputy City Attorney): Mr. Chairman. Vice Chairman Winton: -- and a second on -- Mr. Maxwell: Continue, are you continuing this to January or February? Vice Chairman Teele: Let's continue this to February, the first meeting in February. Mr. Maxwell: The zoning meeting is the second meeting do you want to -- Vice Chairman Teele: The second meeting. 183 December 12, 2002 Vice Chairman Winton: That's right, so, we have a motion to continue this to the second meeting in February, and a second, any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 02-1313 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO AMEND ORDINANCE 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE DESIGNATION AT APPROXIMATELY 544 N.E. 78 STREET FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 184 December 12, 2002 Lourdes Slazyk (Assistant Director, Planning and Zoning Department): 18 is a companion. You want the same deferral? Chairman Winton: Same motion, Commissioner Teele, on 18, companion item. Commissioner Sanchez: Second. Chairman Winton: And second, do we need to have a public hearing on motion to -- OK, so, any further discussion on PZ -18? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 02-1314 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO AMEND ZONING ORDINANCE 11000 TO CHANGE CLASSIFICATION AT APPROXIMATELY 544 N.E. 78 STREET FROM "R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" 185 December 12, 2002 TO "C-1 RESTRICTED COMMERCIAL" TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Teele: By the way, this is east of the railroad tracks so, it's probably your district. Actually the railroad tracks stop about three blocks south of that, doesn't it? 40. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "OFFICE" TO "RESTRICTED COMMERCIAL" AT PORTION OF VACATED SW 14TH STREET FROM METRO -RAIL RIGHT-OF-WAY TO SW 15TH ROAD. (Applicant(s): Planning and Zoning Department.) Vice Chairman Winton: PZ -19. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -19 and 20 are companion items for a portion of a vacated Southwest 14th Street right-of-way, from the Metrorail right-of-way to Southwest 15th Road, from office to restricted commercial. The land around it has already been changed to restricted commercial. This is where the parking lot is going for the Publix that is adjacent to there. When they closed the right-of-way, which was approved by the City Commission, there was a remnant parcel left over. It's been platted. It's platted as an unbuildable parcel, so nothing can be built on this. It isn't big enough. It doesn't meet the zoning regulations as a minimum lot size, so this is more of a clean-up than anything, because that is a very funny left over remnant after the street was closed and again it's unbuildable, so we recommend approval. Chairman Winton: OK, we have a recommendation. This is a public hearing. Anyone from the public like to comment on PZ -19? Doesn't look like there is. We'll close the public hearing. Commissioner Sanchez: So move, Mr. Chairman. 186 December 12, 2002 Commissioner Regalado: Second. Chairman Winton: We have a motion and a second for approval of PZ -19. This is an ordinance. Read the ordinance, please. Roll call, please. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FOR A PORTION OF VACATED SW 14TH STREET FROM METRO -RAIL RIGHT-OF-WAY TO SW 15TH ROAD, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is adopted on first reading, 5/0. 41. FIRST READING ORDINANCE: AMEND PAGE NO. 37 OF ZONING ATLAS OF ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM O OFFICE TO C-1 RESTRICTED COMMERCIAL AT PORTION OF VACATED SW 14TH STREET FROM METRO -RAIL RIGHT-OF-WAY TO SW 15TH ROAD. (Applicant(s): Planning and Zoning Department.) Chairman Winton: PZ -20 companion item to 19. Lourdes Slazyk (Assistant Director, Planning & Zoning): That's right. 187 December 12, 2002 Chairman Winton: Public hearing. Anyone from the public like to comment on 20? Being none, I'd like to close the public hearing. I need a motion, please. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on PZ -19. Ordinance or resolution? Joel Maxwell (Deputy City Attorney): Ordinance. Chairman Winton: Ordinance, read the ordinance, please. Roll call, please. Ms. Thompson: The ordinance is adopted on first reading, 5/0. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 37 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION FROM "O" OFFICE TO C-1 RESTRICTED COMMERCIAL FOR A PORTION OF VACATED SW 14TH STREET FROM METRO -RAIL RIGHT-OF-WAY TO SW 15TH ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. 188 December 12, 2002 42. FIRST READING ORDINANCE: AMEND PAGE NO. 20 OF ZONING ATLAS OF ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL AT 1213, 1219, 1223, 1231, 1241, 1253, 1257, 1265, 1275, 1331, 1335, 1353, 1359, 1361, 1369 AND 1373 NW 35TH STREET; 1200, 1230, 1240, 1250, 1260, 1266, 1280, 1290, 1320, 1326, 1348, 1360, 1362, 1370, 1392, AND 1396 NW 36TH STREET; 3500 AND 3512 NW 12TH AVENUE; 3501 AND 3519 NW 13TH AVENUE. (Applicant(s): Planning and Zoning Department). Chairman Winton: PZ -21. Susan Cambridge: PZ -21 is a part of a clean-up. Initially when this item went before the Planning Advisory Board they requested a study of this area on Northwest 3e Street. The Planning and Zoning Department hired a consultant to conduct the study and after the results, they stated that the property should be changed to match the existing zoning from restricted commercial -- I'm sorry -- the land -use, we're changing the zoning portion to match the land -use, so we're changing the zoning from C-1 to C-2 to match the existing use of the property, and that was the results from the consultants. Chairman Winton: This is a public hearing. Anyone from the public like to comment on PZ -21? Being none, we close the public hearing. Commissioner Gonzalez: Move 21. Chairman Winton: We have a motion, need a second. Hello. Commissioner Sanchez: Second. Chairman Winton: Thank you. We have a motion and a second on PZ -21. It's an ordinance. Read the ordinance, please. Roll call. 189 December 12, 2002 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 20 OF ZONING ATLAS OF ZONING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL FOR PROPERTIES LOCATED AT APPROXIMATELY 1213, 1219, 1223, 1231, 1241, 1253, 1257, 1265, 1275, 1331, 1335, 1353, 1359, 1361, 1369 AND 1373 NW 35TH STREET; 1200, 1230, 1240, 1250, 1260, 1266, 1280, 1290, 1320, 1326, 1348, 1360, 1362, 1370, 1392, AND 1396 NW 36TH STREET; 3500 AND 3512 NW 12TH AVENUE; 3501 AND 3 519 NW 13 TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPAEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. Chairman Winton: PZ -22. Commissioner Gonzalez: I believe that we're having a sound problem. Translator is telling me that they can't hear us back there. Ondina Suarez: My apologies but over here in the back it's pretty much like mumbling. We can not hear anything that you say. Chairman Winton: Well, have everyone from the back move forward. 190 December 12, 2002 Ms. Suarez: On this last one, on PZ -21 there's a couple back here there were interested to know what was discussed they could not hear, so we're just interested to know what the decision was on 21. Chairman Winton: Mr. Attorney would you please tell me what I should do on this? Commissioner Sanchez: PZ -21? Ms. Suarez: Yes. Commissioner Sanchez: PZ -21 was passed. Joel Maxwell (Deputy City Attorney): Yeah the Commission voted to approve the request. Ms. Suarez: I relayed the thanks from the person in the audience. Chairman Winton: And when you go back there would you tell them if they're in the back move to the front so maybe there can hear. PZ -22. Commissioner Sanchez: We're they in support or -- Unidentified Speaker: Yeah, they were in support. Commissioner Sanchez: OK. "Felicidades." Mr. Maxwell: Did they want to speak? Commissioner Sanchez: No. Mr. Maxwell: They did not want to speak? If they wanted to speak, Mr. Chairman -- Ms. Suarez: No, they didn't want to speak. They just wanted to know if it had been approved. They were in favor, so they're very happy, actually. 43. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO CREATE NEW SD -26 ENTITLED "SD -26 COCONUT GROVE MARKET OVERLAY DISTRICT" TO PERMIT OUTDOOR SALES OF FRESH FRUITS AND VEGETABLES WITHIN CERTAIN PORTIONS OF COCONUT GROVE. (Applicant(s): Carlos A. Gimenez, Miami City Manager). Chairman Winton: OK, PZ -22. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -22 is an amendment to the zoning ordinance to create a new special district SD -26 called the Coconut Grove Market Overlay 191 December 12, 2002 District. This was -- Tucker Gibbs had to leave, but he asked me to relay his support for this and he told me that it was approved and supported by the Civic Club yesterday. Vice Chairman Teele: All right, is there anyone here in opposition to this item? Is there anyone here in opposition to this item? Mr. Chairman, you are recognized. Chairman Winton: Public hearings is closed. I would like to move staff recommendation on PZ - 22. Commissioner Gonzalez: Second. Vice Chairman Teele: Moved and seconded. Is there objection? Is there objection? Ordinance, read the ordinance, please. Madam Clerk, please call the roll. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CREATING A NEW SECTION 626 ENTITLED "SD -26 COCONUT GROVE MARKET OVERLAY DISTRICT" TO PERMIT OUTDOOR SALES OF FRESH FRUITS AND VEGETABLES WITHIN CERTAIN AREAS AND UNDER CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Pricilla A. Thompson (City Clerk): The ordinance has been adopted on first reading, 5/0. 44. ALLOCATE $50,000 OF STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. TO PROVIDE ADVOCACY AND SUPPORT SERVICES TO PARTICIPANTS OF SINGLE FAMILY REHABILITATION PROGRAM. 192 December 12, 2002 Chairman Winton: And the last two PZ items -- thank you -- last two PZ items have been deferred, so we can go back to the regular agenda. Commissioner Teele, would you mind picking up on -- Vice Chairman Teele: Not as all. As chair, I'm asking for deferrals. I would ask that everybody look through this book and determine whether or not you'd like to offer a deferral. Deferrals would be warmly received. At this point we'll go to item number three in the regular agenda. Please bear in mind that we have not taken up the blue pages yet. Commissioner Regalado: Nor pocket items yet. Vice Chairman Teele: Nor pocket items and it's and it's the intent to be out of here at a reasonable time. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Yes, sir. Commissioner Gonzalez: Can we take number 12. Vice Chairman Teele: We can take whatever you'd like. Number 12 is a -- Commissioner Sanchez: Public hearing. Commissioner Regalado: Allapattah Business Authority. Vice Chairman Teele: My item number 12 is a creation of an advocacy program. Commissioner Regalado: No, no, no. Commissioner Sanchez: No, it's allocation of $50,000 -- Commissioner Gonzalez: Yes that's what it is, creation of advocacy component to the single- family rehab program. Where is Mr. Fernandez? Carlos Gimenez (City Manager): He's coming up. Chairman Winton: What item are you all doing? Commissioner Gonzalez: 12. Dan Fernandes: Dan Fernandes, Department of Community Development, Acting Director. Item 12 is an item that came up during the discussion of single-family rehab program where the Commission directed the administration to work with an organization to provide ombudsman services through the single-family rehab program for the participants in that program. We have 193 December 12, 2002 talked to the agency ABDA (Allapattah Business Development Authority) to provide that particular service and what we're doing here is just following up on the direction with the City Commission. Vice Chairman Teele: Now, we're using ship funds? Mr. Fernandes: Yes sir. Vice Chairman Teele: Is this required to be a public hearing? Mr. Fernandes: This is a public hearing, sir. Vice Chairman Teele: All right, this is a public hearing. Any person desiring to be heard should come forward. If not, the public hearing is closed and Mr. Fernandes let me say two things to you. Number one, I compliment you, I recommended that we do this at that meeting. That took -- when was that held, about four months ago in June? Mr. Fernandes: Correct, sir. Vice Chairman Teele: So, that's really taken a long time to get here, but at the same time I think one of the things, Mr. Manager, that we need to do, I really thing we ought to get the internal auditor to work to provide technical assistance to the department and to the ombudsman to come up with an comprehensive status report as to where we are because we heard one report in the public hearing. I've had about five or six people to approach me saying that nothing's happened or worse that they said something that wasn't all together true and what I don't want is for the ombudsman to wind up being a part of a problem now. I want to protect the ombudsman and I think it will be very helpful if the ombudsman goes forward, but if the Manager would consider Mr. Manager, if you would consider asking the internal auditor to provide some technical assistance to the ombudsman in let's just getting straight where we are right now. In other word, community development, the ombudsman, the internal auditor so we can all agree on where we are and what needs to be done, if you would consider that. Mr. Gimenez: Yes, sir. Vice Chairman Teele: I think that would protect all parties involved not as an audit but as technical assistants. Mr. Fernandes: Yes, sir, that's fine. Vice Chairman Teele: You agree? OK, motion by Commissioner Gonzalez. Commissioner Sanchez: Second. Vice Chairman Teele: By Commissioner Sanchez, is there objection? All those in favor signify by the sign of, "aye." 194 December 12, 2002 The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed, say "no." Excellent. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-1315 A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING $50,000 OF STATE HOUSING INITIATIVE PARTNERSHIP ("SHIP") FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA") TO PROVIDE ADVOCACY AND SUPPORT SERVICES TO PARTICIPANTS OF THE SINGLE FAMILY REHABILITATION PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ABDA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Chairman Johnny L. Winton 45. DEFER CONSIDERATION OF DISCUSSION CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS IN DISTRICT 5 OVER LAST FIVE YEARS TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003. Vice Chairman Teele: Item 13 is a public hearing. What we'd like to do, I think -- staff, do you all want to defer this? Dan Fernandes (Acting Director, Department of Community Development): Yes, sir. We will get together and confer with each of you to let you know the status of each of the allocation. Commissioner Sanchez: So move to defer. Commissioner Regalado: Second. Vice Chairman Teele: Move to defer item 13 to the second meeting in January. Is that fair? 195 December 12, 2002 Mr. Fernandes: That's fine. Vice Chairman Teele: All right. Move by Commissioner Sanchez, seconded by Commissioner Regalado. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Those opposed, say "no." The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-1316 A MOTION TO DEFER CONSIDERATION OF DISCUSSION CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS IN DISTRICT 5 OVER THE LAST FIVE (5) YEARS TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 46. DIRECT PROHIBITION OF VEHICULAR ACCESS, TO NORTHWEST 37TH STREET AT ITS INTERSECTION WITH NORTH MIAMI AVENUE, TO PERMIT WIDENING OF STATE ROAD 112/I-95 EXIT RAMP TO NORTH MIAMI AVENUE. Vice Chairman Teele: Item number 14, vehicular restrictions on 37th Street and North Miami Avenue. Commissioner Sanchez: Public Works? Albert Dominguez (Assistant Director, Department of Public Works): Yes. Commissioner Sanchez: What is this all about? Mr. Dominguez: Albert Dominguez Department of Public Works. This is coming as a result of the project that's going to be undertaken by the department of transportation to expand the ramp 196 December 12, 2002 access. The access ramp off of I-195 off to Miami Avenue. It'll provide greater access to the district, the Design District in that area. This is a request that was made by the area residents in the commercial. Sufficient -- Carlos A. Gimenez (City Manager): Albert, will this allow traffic to go northbound? Mr. Dominguez: I believe, yes, that's correct. It will allow a left turn from the ramp onto the Design District. Instead of having to go down to 36 Street to make that illegal U-turn or have the public go completely around the block to be able to access the Design District. It is a short-term project with quick implementation by the department. They are in the middle of doing a master plan development for 195 as a follow up, but this is something that they want to do, and closure of the street is required to meet federal highway administration. There has been significant outreach to the residents to the commercial areas in the area. I am personally aware of at least four meetings that have been taken place to explain to them and mitigate any kinds of concerns that the residents in the commercial property owners may have had. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1317 A RESOLUTION DIRECTING THE PROHIBITION OF VEHICULAR ACCESS, TO NORTHWEST 37TH STREET AT ITS INTERSECTION WITH NORTH MIAMI AVENUE IN THE CITY OF MIAMI, FLORIDA, TO PERMIT THE WIDENING OF STATE ROAD 112/I-95 EXIT RAMP TO NORTH MIAMI AVENUE, SUBJECT TO APPROVAL BY THE TRAFFIC DIRECTOR OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 197 December 12, 2002 47. DEFER CONSIDERATION OF PROPOSED RESCINDING OF RESOLUTION NO. 00- 609 AUTHORIZING SALE OF PROPERTY AT 27 S.W. NORTH RIVER DRIVE TO ICARE BAY POINT SCHOOLS, INC. TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 9, 2003. Vice Chairman Teele: Item 15. Commissioner Regalado: Aye. Laura Billberry: Laura Billberry, Asset Management. I would like to amend this resolution on the floor. Basically at this time we would like to strictly declare certain properties surplus and from the list contained in your packet not declare surplus at this time 27th Southwest North River Drive, but we would go forward with the remaining properties in the attached list and we would also not be rescinding resolution 00-609 at this time. All these properties we would use various methods of disposal as required by the City charter and code, but all sales will come back to the City Commission for approval. Commissioner Sanchez: Mr. Chairman, I would -- Commissioner Gonzalez: Do we have a lease to the properties? Commissioner Sanchez: I would like to defer this item. Commissioner Gonzalez: Yes, second deferral. Vice Chairman Teele: Moved for deferral. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? I would like to say one thing on this. I don't understand if the right hand and the left hand know what we're doing here. Now, we have been out here talking about the Mayor gave this great state of the City speech on housing, infill housing, and yet, all through District 5 we've got lots that we're talking about and I just need to understand that we don't have the ability to internally transfer these lots to community development to go out here an build the housing I mean, what -- I'm just not sure that we and I'd like to very much understand everything in my district as it relates to surplus property, because I am very concerned that we really make the commitment go forward on building houses in the district. Chairman Winton: And Commissioner, it isn't just building housing. If you donate the lot to a community-based organization, they're going to be able to build affordable. I mean, that's homeownership, and if you sell it to a private developer, it drives the cost up which makes it less affordable and we're in desperate need of housing for sale for people that live in these neighborhoods that can afford to buy it, so I think that's what you were saying. 198 December 12, 2002 Vice Chairman Teele: Well, I'm not saying it very artfully and you said it much better, but the whole idea here, and I really want developers to have an opportunity for commercial properties I mean, I'm all for that, and I'm all for selling the Overtown Shopping Center or any of that stuff, but what I'm not for is taking land that right now is just collecting trash and debris. Single- family lots without sitting down with community development and I don't know and the Model City Homeownership Zone and all of these homeownership zones that we've created, because we created how many, nine homeownership zones in our five-year plan? Ms. Billberry: I'm sorry? Vice Chairman Teele: How many homeownership zones have we created in our five-year plan? Carlos A. Gimenez (City Manager): I thought we created seven. Vice Chairman Teele: Seven. I just want to make sure that somebody is coordinating -- that we're not on one hand with Asset Management doing this, and on the other hand, we're telling the Federal Government in the area of housing that we're going to do that, and we find out that we sold something or transferred something. So, Mr. Gimenez: Commissioner, for the -- Commissioner Gonzalez: Mr. Chairman. Mr. Gimenez: -- next meeting we can come back. I think there's at least one property here that's the Overtown Shopping Center that we really want to declare a surplus and move on. We'll take that and move it forward to the next meeting and then you can have more time to look at the single lots that maybe you know, part of these properties. Chairman Winton: Yes, it should be --- Mr. Gimenez: It should probably come an individual anyway. Vice Chairman Teele: Yeah. Mr. Gimenez: So that each one -- Vice Chairman Teele: With a recommendation and a justification for each -- Mr. Gimenez: That's correct. Yeah we'll change it to that in that fashion. Vice Chairman Teele: Mr. Manager, and while you're there, I'm specifically requesting that the internal auditor do a full three to five year report on the Overtown Shopping Center before we move this into disposition. I'm hearing now that the City has been paying the electric bills there for the last five years, which is not consistent with the lease. I don't know that to be true. I'm not alleging anything, but before we do something I want to make sure that we looked at this thing and that we've got everything cleaned up and we're not doing something because I've been 199 December 12, 2002 the person saying I want to sell it, but I don't want this to be viewed as a way to cover up and I'm being advised that the City has spent substantial dollars in electricity bills for various tenants which is not a part of the lease (UNINTELLIGIBLE). Mr. Gimenez: Yes, sir. We'll do that and it's probably a good thing to do on all these properties to give you a full accounting of the property and the rationale for each individual property to be surplused or disposed of in another way. Vice Chairman Teele: Item 15 has been moved for a deferral with the request. The Manager, in the future, will provide individual justification for individual parcels of land. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Say it again. Commissioner Gonzalez: On item -- Vice Chairman Teele: 15. Commissioner Gonzalez: -- I guess it was 14 I'm sorry, 15, I have to agree with you and Commissioner Winton. What we need to do with this land that is available you know, next Thursday you are going to be receiving an invitation for next Thursday it's going to be having the inauguration for Ralph (phonetic) plaza one which is 21 town home project that was just completed by Allapattah Business Development in Allapattah, so we're going to have a ceremony there next Thursday. At the same time, we're breaking ground in January for Ralph (phonetic) Plaza two, another 30 units, homeownership. These are properties that were empty lots. They were not producing a penny to the City and they're going to be paying taxes and they're going to be providing double that, housing to first time buyers, low and moderate -income families, so whenever we have these lots that are and especially at these prices, we need to think about the not-for-profit organizations like Commissioner Winton says that can build these houses at affordable prices and make it accessible to low and moderate income families and at the same time then they are on the tax rolls of the City of Miami, so I think we need to establish a program where whenever we have land that is accessible, we need to know about it, for single-family. Thank you. Vice Chairman Teele: The one point that I did want to make, one of the innovative things that I think Community Development has done, is that they have taken vacant land and also given for- profit developers the opportunity to develop it for affordable use so, it's really not like we're setting it aside for not -for -profits, but what we should be doing is bidding up the costs of affordable housing by paying the City some money that in the end is going wind up adding another year or two to the project, so that's -- we're all on the same page. Further discussion on the deferral? All those in favor say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed have the same right. Commissioner did you want to -- 200 December 12, 2002 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-1318 A MOTION TO DEFER CONSIDERATION OF PROPOSED RESCINDING OF RESOLUTION NO. 00-609 AUTHORIZING THE SALE OF PROPERTY AT 27 S.W. NORTH RIVER DRIVE TO ICARE BAY POINT SCHOOLS, INC. TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 9, 2003; FURTHER DIRECTING THE MANAGER TO INSTRUCT THE INTERNAL AUDITOR TO PERFORM A FULL THREE TO FIVE YEAR REPORT ON THE OVERTOWN SHOPPING CENTER BEFORE IT IS CONSIDERED FOR DISPOSITION; FURTHER DIRECTING THE MANAGER TO PROVIDE FULL ACCOUNTING AND THE RATIONALE FOR EACH INDIVIDUAL PROPERTY TO BE CONSIDERED SURPLUS OR TO BE DISPOSED. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 201 December 12, 2002 48. DIRECT MANAGER TO COMMENCE IMPLEMENTATION OF SELECTED TRANSPORTATION -RELATED RECOMMENDATIONS OF MIAMI RIVER CORRIDOR URBAN INFILL PLAN. DIRECT MANAGER TO COMMENCE IMPLEMENTATION OF SELECTED ENVIRONMENT -RELATED RECOMMENDATIONS OF MIAMI RIVER CORRIDOR URBAN INFILL PLAN. DIRECT MANAGER TO COMMENCE IMPLEMENTATION OF SELECTED INVESTMENT -RELATED RECOMMENDATIONS OF MIAMI RIVER CORRIDOR URBAN INFILL PLAN; SPECIFICALLY AUTHORIZING MANAGER TO SOLICIT PROPOSALS FOR AN ECONOMIC ANALYSIS AND MARKET STUDY OF MIAMI RIVER CORRIDOR; AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MOST ADVANTAGEOUS PROPOSER, $125,000. REQUEST MIAMI RIVER CORRIDOR INFILL TO WORK WITH ALL AFFILIATES AND COME BACK WITHIN 30 DAYS WITH SEVERAL GREENWAY PROJECTS INCLUDING COSTING AND TIME TABLE; FURTHER REQUEST THAT CITY PUBLIC WORKS DEPARTMENT AND CAPITAL IMPROVEMENT PROJECTS OFFICE ASSIST IN DRAFTING ROUGH ENGINEERING ESTIMATES IN ORDER TO COMMIT FUNDS AND CONSTRUCTION OF GREENWAY PILOT PROJECTS. Chairman Winton: Yes, I'd like to go to and I'm really sorry, I'd like to go to item 44. We have a group here of volunteers that have been sitting here patiently for a long time. I didn't even know you were here, so you all should have come up and pulled my ear or something. You all are here on 44, right? Yes. Brenda Marshall: Yes, we are. Chairman Winton: OK, 44 it is. Diane Johnson (Department of Real Estate & Economic): Good evening. I have fully prepared to make a presentation tonight on the Miami River -- Priscilla A. Thompson (City Clerk): Excuse me. Can we get your name? Ms. Johnson: Certainly, I'm sorry. My name is Diane Johnson. I'm with the City's Department of Real Estate and Economic Development. We were fully prepared to make a presentation tonight about the Miami River Urban Infill Plan. I have copies of it for you that are going to be distributed in just a moment. This has been a long process. We have entered into a partnership with the Miami River Commission and Miami Dade County to come up with a plan for the Miami River. We have worked very diligently at this effort for quite some time, but since the day is late, you have I understand, been given a briefing by -- each of you have been given a briefing by the Miami River Commission itself. Right now the administration would like to recommend the approval of the three items that are on the agenda. As with the FEC (Florida 202 December 12, 2002 East Coast) corridor plan, we have segmented the action items that are recommended in the plan as steps as the City can take. The first deals with transportation and there are a number of initiates that we'd like to proceed with. It includes preparing a feasibility study for water borne transportation and identifying funding sources for future implementation, assure that the concerns of the river corridor are addressed for traffic calming, and thirdly, adherence to the design standards for streets similarly under environment, there are a number of initiatives that we'd like to continue to work on. Lastly, and kind of most importantly from the administration standpoint is item C dealing with investment in the river and the primary recommendation. The most critical recommendation there is to allow the City Manager to solicit proposals for an economic study for the river corridor. This is probably the most critical issue from the administration standpoint. It's the one missing piece of the puzzle from Miami River infill plan that is necessary in order for us to have a comfort level to proceed with a number of other of the recommendations that are contained in that plan. Commissioner Sanchez: Is one required by Florida statutes? Ms. Johnson: I'm sorry? Commissioner Sanchez: Is one required by Florida statutes? Ms. Johnson: An economic study? Commissioner Sanchez: Yes, ma'am. Ms. Johnson: Only if the City chooses to adopt the plan. Chairman Winton: OK, then you're on. Ms. Johnson: If the Commission would like to, we can go through the presentation. There are a number of requirements under Florida statutes in order for the City to adopt and put in place an infill plan. Chairman Winton: You all want to hear the whole -- excuse me. Do you all want to hear the whole presentation? Ms. Johnson: We could -- Chairman Winton: Because this group put -- in fact, I was going to say something about this and I would like all of you all from the Miami River infill plan to please come to the podium, introduce yourself, put your name and address on the record because you all have put a lot of effort into this, and frankly, they deserve an opportunity to give us a presentation, a formal presentation for as much time as they've put into it. I don't think they really want to this evening. They know the hour is late. I'm not sure we have the energy level to appropriately listen, so but I would give them that opportunity at a future date if they so wish to give us a full presentation. Yes, Commissioner Sanchez. 203 December 12, 2002 Commissioner Sanchez: Mr. Chairman, I just -- it's my understanding that you have not agreed on the entire plan, but you've agreed on certain issue that you're willing to pass today is that -- Ms. Johnson: That is correct. Commissioner Sanchez: OK. Chairman Winton: And that there are other issues that are of concern to the Mayor's office that they're working out those details, so the concerns that are resided in the Mayor's office are being worked on separately. These are the issues that everybody has complete agreement on and so those issues are coming forward. Yes, sir. Commissioner Sanchez: Fine but once again, you know, we have to be careful. Once we implement and pass and accept this plan we have to live by those rules, so we have to make sure that the City and the Miami River Commission come to an agreement. I know there was a timeframe to try to get this done as quickly as possible but I tend to agree also with what you just said about an economic study because one of the things that they focus on it's on the marine industry. We realize that the marine industry plays a significant important role -- Jim Murley: Mr. Chairman. Commissioner Sanchez: -- in the Miami River. Mr. Murley: Commissioner. Chairman Winton: I need to make a correction here so that everybody understands. We are not adopting the plan tonight. Ms. Johnson: That is correct. Alejandro Vilarello (City Attorney): None of the three items before you. Chairman Winton: We are only -- Commissioner Sanchez: That's it. Chairman Winton: -- by resolution accepting these three action items. We are not adopting the plan, and I should have made that clear. Commissioner Sanchez: All right. Chairman Winton: OK. Ms. Johnson: That is correct. Chairman Winton: Would you all come up please and introduce yourselves. 204 December 12, 2002 Ms. Johnson: Yes, it has been a long effort. We have had a lot of people from the community as well as these people from the Miami River Commission and it's my pleasure to allow them an opportunity to be recognized for their efforts. Chairman Winton: Yes, please do. Who's first? Ms. Johnson: The Chairman of the Miami River Infill Group is a face you will all know and I would like to -- Chairman Winton: Jim. Jim Murley: Thank you Mr. Chairman, members of the Commission my name is Jim Murley. I reside at 1890 Southwest 20 Street and I had the pleasure of working with the City and Miami, Dade County, your fine staff in getting the plan to this point we look forward to further activities being implemented. Thank you. Chairman Winton: And Jim was a valuable member of the FEC corridor redevelopment plan as well, so thank you very much. Mr. Murley: Thank you, Mr. Chairman. Chairman Winton: Yes, ma'am. Next. Brenda Marshall: I'm Brenda Marshall. I'm Associate State Director of the Trust for Public Land. I reside at 8405 Southwest 160th Street. I Co -Chair along with Mr. Murley the quality of life committee for the Miami River Commission under which the infill plan has been conducted. Chairman Winton: Thanks Brenda, Janet. Janet McAliley: I'm Janet McAliley. I'm a member of the Miami River Commission. I live at 3 Grove Isle Drive in Coconut Grove. Chairman Winton: Thank you, Ernie. Ernie Martin: I'm Ernie Martin and I'm the representative from the City of Miami Commission -- Vice Chairman Teele: And a darn good one. Mr. Martin: -- to the River Commission, nominated by Commissioner Teele and adopted by the Commission to represent the interest of the residents who live along the Miami River. I personally live in Spring Garden at 1000 Northwest North River Drive. Chairman Winton: Thank you. David. David Miller: Good evening. My name is David Miller. I'm the Managing Director of the Miami River Commission with offices at 4600 Rickenbacker Causeway and I'd like to at this 205 December 12, 2002 time thank you, the Commissioners, the Chairman, and also the staff that work with us on this. We've put in a lot of hours and I want to thank everybody for their participation and help. Chairman Winton: Thank you, anyone else in your group? Yes, sir. Lawrence Ress: My name is Lawrence Ress. I live at 1919 Northwest 14th Street on the Miami River and I'm a concerned citizen and I just want to say that I support this. Chairman Winton: Thank you. OK, we have -- Diane, are you done? Ms. Johnson: I would just like to close by saying that we would be setting up either individual sessions with you or if it is the desire of the Commission, we would be happy to hold a workshop about the plan at whatever time is appropriate. I would direct your attention to the last two pages of the handout which was the presentation where we identified what we considered to be the policy issues that need to be worked through to make the plan truly what it can be. It would be a great thing if we could get someone from the Commission designated to help us work through these issues because without that kind of leadership -- it would certainly facilitate the effort tremendously. Chairman Winton: OK, you need resolutions passed on A, B and C? Is that correct? Ms. Johnson: That is correct and I do need to make a note for the record on C the funding source for the cost of the economic study is strategic reserves, capital improvement project 311047. Chairman Winton: OK, we need a resolution, a motion, or something. Vice Chairman Teele: Well, I'm willing to -- who's not here Angel Gonzalez, to do the -- Chairman Winton: OK, we have a transportation component. Do we have a motion? Vice Chairman Teele: So move Mr. Chairman. Commissioner Sanchez: So move. Chairman Winton: We have a motion and a second. Further discussion? Commissioner Sanchez: So, we've come to an agreement on the transportation aspect of it? Ms. Johnson: That's correct. Commissioner Sanchez: OK. Chairman Winton: No further discussion. All in favor, "aye." The Commission (Collectively): Aye. 206 December 12, 2002 Chairman Winton: Like sign opposed, motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1319 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COMMENCE IMPLEMENTATION OF CERTAIN TRANSPORTATION -RELATED RECOMMENDATIONS SET FORTH IN THE MIAMI RIVER CORRIDOR URBAN INFILL PLAN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Winton: B, environment. Vice Chairman Teele: So move, Mr. Chairman. Commissioner Sanchez: On the environment? Chairman Winton: Yes. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. 207 December 12, 2002 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1320 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COMMENCE IMPLEMENTATION OF CERTAIN ENVIRONMENT -RELATED RECOMMENDATIONS SET FORTH IN THE MIAMI RIVER CORRIDOR URBAN INFILL PLAN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Winton: C is investment. Commissioner Sanchez: You've come to an agreement on investment? Ms. Johnson: Yes, that has to -- Chairman Winton: This is the economic -- Ms. Johnson: -- with first going forward with the economic study which we feel is very vital. It's allowing the Manager to go ahead and get an consultant on board to perform that study and secondly, to continue with the identification of infrastructure needs and identify available funding for the corridor and incorporate those into future capital improvement programs of the City, so it's a continuation of efforts that we are already undergoing in terms of streets, sidewalks and greenway and other improvements. Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Winton: Yes. Mr. Vilarello: This resolution authorizes the solicitation, the negotiation and execution. It provides for an amount it doesn't provide for a funding source. I recommend that -- Chairman Winton: I think she just read the funding source into the record. Did you not? 208 December 12, 2002 Ms. Johnson: I did identify the funding source. Mr. Vilarello: Nonetheless, there is no agreement attached, so we recommend that the agreement be brought back for approval. Chairman Winton: OK, so in the resolution -- Vice Chairman Teele: I move it, as amended, with the proviso that the agreement would come back will come back for approval. Ms. Johnson: Certainly. Chairman Winton: Got a motion. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1321 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COMMENCE IMPLEMENTATION OF SELECTED INVESTMENT -RELATED RECOMMENDATIONS FOR THE MIAMI RIVER CORRIDOR URBAN INFILL PLAN; AUTHORIZING THE CITY MANAGER TO SOLICIT FOR PROPOSALS FOR AN ECONOMIC ANALYSIS AND MARKET STUDY OF THE MIAMI RIVER CORRIDOR AND TO NEGOTIATE WITH, IN AN AMOUNT NOT TO EXCEED $125,000, THE FIRMS WHICH SUBMITTED THE MOST ADVANTAGEOUS PROPOSALS; FURTHER AUTHORIZING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS CONSIDERATION. 209 December 12, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Winton: Thank you all very much. Ms. Johnson: Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I did want to make two observations on the plan without getting over involved in this. I'm really concerned about the greenway component of this, and I don't know if there is a spokesperson on that. Unidentified Speaker: Commissioner Teele, I think you would recognize our representative to the Trust, I'm sure he could speak to your question. Would that be all right? Vice Chairman Teele: Yes. The whole point here is that we've got a lot of momentum for the greenways and I really believe and I hope Commissioner Gonzalez is available. Frank, would you make sure that -- I really think that it's important that we move forward on an expedited pilot basically some component of this greenway, and I'll tell you, because the greenway has so many different tentacles and we're not going to be able to do everything at once, but we need to start doing something now on the greenway and I really think that you know starting in Commissioner Gonzalez' District and coming through somewhere on the river and coming through District 5, which I represent, and ending up in District 1 which Commissioner -- the Chairman represents, that portion of the greenway has already been planned out is that right? Brenda Marshall: There's a great deal of it. A general design for the greenway between I-95 and the 12th Avenue Bridge is being completed. What we'd like to do and I appreciate what you're saying, Commissioner. We hope that the first two pilot project areas could be on the north side of the river, a segment coming into Lummus Park that would really highlight what the City is doing at Lummus landing and then on the south side of the river coming into Jose Marti Park. We have grants from Department of Transportation Enhancement Funds that we really have to get committed or we have the unfortunate chance of possibly losing them, so we really need to expedite these pilot projects. 210 December 12, 2002 Vice Chairman Teele: It was my understanding that one of the pilot projects was going to go into Bicentennial coming through Allapattah. Are you sure we got this script right? Ms. Marshall: That's a separate one, that's the Overtown greenway. That will be coming before the CRA (Community Redevelopment Authority) on the le. That's the neighborhood greenway that connects to the Miami River greenway at the 12th Avenue Bridge coming through the neighborhood into Bicentennial, separate plan. Vice Chairman Teele: But it's all one -- doesn't it connect? I thought that one started in Commissioner Sanchez, Commissioner Gonzalez' district in Allapattah. Ms. Marshall: No. It's -- Vice Chairman Teele: Ernie Martin -- what are you telling me? Ms. Marshall: -- pretty much through Overtown. Vice Chairman Teele: I thought that was the plan that brought -- it came right across 12th Avenue where the Travel Lodge is there that comes around by that little park that you all so generously did by hand that came across -- that's the Spring Garden area that comes across into Overtown and across into Park West and across -- see to me, that's a greenway that's going to get four different, five different neighborhoods involved -- four or five different Commission districts involved, especially if it crosses over into Commissioner Sanchez' district on the other side and we need something that is really going to show you know, we're here as district but we need a project that we can expedite that involves as much of the community as we can and anything that is at Bicentennial Park is an overall asset I think to this community, so what I wanted to do is ask, Mr. Chairman, respectfully, if there could be a resolution requesting the Miami River corridor infill to work with all of the affiliates and to come back within 30 days with several pilot greenway projects including a costing and time tables and further requesting that the City Public Works Department and Capital Management -- Capital -- CIP (Capital Improvement Projects) work with you to help you come up with some rough engineering estimates so we can try to commit dollars for the greenway within the next 30 days. Chairman Winton: And do some construction. Vice Chairman Teele: Yeah, as it relates to the construction and the work has been done I think what we need to do is just go ahead and expedite it, because -- I would so move, if I could get a second for discussion. Chairman Winton: We have a motion? Commissioner Sanchez: Second. Chairman Winton: Second. 211 December 12, 2002 Vice Chairman Teele: What I'm talking about is a pilot project or a series of pilot projects that maximizes the maximum number of Commission districts along the river that we can identify as a project that we can move forward that can be done. The advantage I think, and we're going to get into a discussion about this, is some of these projects don't have to be done by the City of Miami, and Mr. Chairman and members of the Commission, in my blue pages, I have a full discussion about projects that don't necessarily have to go through the capital improvement office in terms of them doing it. They need to coordinate it, but I think there's no better project that we can do is a greenway project in which you all would wind up receiving the grant and being responsible for moving the project forward, so that's sort of the challenge that I wanted to throw back to the committee to look at to come back in 30 days and see if it's something that we can work together on. Chairman Winton: Do you all understand what the request is here? Yes? Shake heads. No? Yes. OK, thank you. Any further discussion on this motion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 02-1322 A MOTION REQUESTING THE MIAMI RIVER CORRIDOR INFILL TO WORK WITH ALL OF THE AFFILIATES AND COME BACK WITHIN 30 DAYS WITH SEVERAL GREENWAY PROJECTS INCLUDING A COSTING AND TIME TABLE; FURTHER REQUESTING THAT THE CITY PUBLIC WORKS DEPARTMENT AND CAPITAL IMPROVEMENT PROJECTS OFFICE ASSIST IN DRAFTING ROUGH ENGINEERING ESTIMATES IN ORDER TO COMMIT FUNDS AND CONSTRUCTION OF GREENWAY PILOT PROJECTS THAT MAXIMIZE THE NUMBER OF COMMISSION DISTRICTS ALONG THE RIVER AND IDENTIFY PROJECTS THAT CAN MOVE FORWARD Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 212 December 12, 2002 49. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12280, CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND ESTABLISH NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2002-2003. Chairman Winton: I'd like to go to item number 18, which is a second reading ordinance. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes. Commissioner Sanchez: You mean 17. Commissioner Regalado: Mr. Chairman, before you do 17, I wasn't here when Commissioner Teele did item E of District 5 and what I need to do, if you all allow me. Chairman Winton: What's item E in District 5? What do you mean? Vice Chairman Teele: I didn't really do item E. I did an add on to item E -- Commissioner Regalado: Well. Vice Chairman Teele: -- which was a Brentwood issue. Commissioner Regalado: That's what I need to do. I am -- the reason -- before we do 17 I need to a motion to reconsider what Commissioner Teele did to allocate $100,000 from the District 4 Quality of Life -- Vice Chairman Teele: No, I didn't do that. I didn't do anything on that. Commissioner Regalado: Oh, you didn't? Vice Chairman Teele: No, item E is still before us. Commissioner Regalado: OK. Chairman Winton: I don't -- Commissioner Regalado: So we need to do it before we do 17? Chairman Winton: So what are you talking about? Item E of what? Vice Chairman Teele: Of District 5. Commissioner Regalado: Of District 5. 213 December 12, 2002 Chairman Winton: Oh, of your district? Vice Chairman Teele: Item E is very simple and I'm just going to tell you. Item E is what we've already approved. Item E is nothing but adding a number, an administrative number to it so we know what we're doing with these project. Commissioner Regalado: OK. Vice Chairman Teele: If you want to change something in here you're going to have to change not item E but an ordinance. Commissioner Sanchez: 17, you can do it on 17 if -- has the money been allocated? Commissioner Regalado: Yeah. Commissioner Sanchez: You have it allocated already? Then you can amend 17 -- Commissioner Regalado: Wait a minute. Vice Chairman Teele: But let's be real clear. The ordinance that created the bond issue cannot be amended. Commissioner Regalado: Right. Vice Chairman Teele: OK, and we may that contract with the public. Now, at some point there will be amendments under extraordinary circumstances, but this is the bond issue that was approved by the citizens. There may be an extraordinary way to amend it, but the one thing that I think we're going to all get in trouble with is that we start out amending -- Commissioner Regalado: No but I'm not and this is why I'm saying I'm not amending. I am allocating $100,000 from the District 4 Quality of Life improvement, that's there. The only reason that we need to do this is, I spoke to the Manager, is that we need to move it to use it now instead of waiting until the capital, the CIP department gets on with their project, that's all. Chairman Winton: So, what is your motion? Commissioner Regalado: So, you tell me where Mr. City Attorney, do I do it on the 17tn9 Alejandro Vilarello (City Attorney): If I can address one issue quickly. The ordinance that was adopted that called the question for the bond issue, simply attached a list of all the projects that were going to be implemented if the bond issue was adopted. This Commission has consistently said that it will remain true to that commitment. Commissioner Regalado: Right. 214 December 12, 2002 Mr. Vilarello: But you, of course -- like any ordinance, it may be amended. Commissioner Regalado: But this is not about amending -- Mr. Vilarello: So, in regards to this issue -- I just wanted to address that issue. With regards to this issue, item 17 is 17 -- Chairman Winton: But I'm not sure we're even taking up 17. I thought you all wanted to defer some things, but there's some second reading ordinances that we ought to get out of the way, and now if you all want to go through the whole agenda that's fine with me and I'll go back in order. Commissioner Regalado: No, no. This is an emergency ordinance Johnny. Chairman Winton: What is? Commissioner Regalado: 17. Mr. Vilarello: A capital amendments ordinance. Commissioner Regalado: This is why, and this is not changing anything, it's just appropriates $100,000 from District 4 Quality of Life Improvement which is in the regular ordinance, we're not changing the ordinance. Vice Chairman Teele: But it does a lot ore than just that one item. Doesn't this item do about 20 different projects? Chairman Winton: 17? Vice Chairman Teele: Yeah. Chairman Winton: Well, it looks like four or five. Commissioner Sanchez: One, two, three, four, five that won't get amended. Carlos Gimenez (City Manager): Janet. Chairman Winton: Excuse me. Why don't you all amend if your -- Mr. Gimenez: Janet. Chairman Winton: -- adding projects where you want to appropriate money for specific projects why don't you add them to 17 -- Commissioner Sanchez: Mr. Chairman. Chairman Winton: -- and go to 17. 215 December 12, 2002 Commissioner Sanchez: Mr. Chairman, could I have the floor? Chairman Winton: One moment. We are on item 17 that's the agenda item we're on, and yes, sir, Commissioner Sanchez, you may have the floor. Commissioner Sanchez: Thank you Mr. Chairman. Item 17 is a capital project amendment ordinance. It has five items on the agenda. Earlier today I allocated $2,000,000 from my Quality of Life bond money to a specific project, which was the Cuban Memorial Linear Park. Chairman Winton: And -- Commissioner Sanchez: -- excuse me, by allocating what I intend to do on this ordinance to amend it is to appropriate -- Vice Chairman Teele: Exactly. Commissioner Sanchez: -- those $2,000,000 -- Vice Chairman Teele: Exactly. Commissioner Sanchez: -- to that project. Specifically now I have gone through the proper channels and I have done you know, what we're all trying to avoid that at the end to say where did this project come from, but that project falls within my Quality of Life, so at this time I would like to make a motion, put a motion on the floor to be discussed by the legislative body and that motion is to appropriate the allocation of $2,000,000 to the Cuban Memorial Linear Park to be added to this ordinance, so move. Commissioner Gonzalez: Second. Commissioner Regalado: OK, I would like to then amend that to appropriate $100,000 from District 4 Quality of Life improvement funds to continue the curb and sidewalk reconstruction that is currently taking place through District 4 and I think Janet could explain why do we need appropriate this money -- Chairman Winton: I don't think we need that explanation you know, you all are making a motion to add two items to this appropriation list and I think that's the point, so I'm not sure we need a description from Janet about anything. Commissioner Regalado: Well -- Chairman Winton: We have a motion on 17 -- Vice Chairman Teele: No, no, no. You have a motion, Mr. Chairman, to amend the item 17 that is before us, to add the $2,000,000 in. Chairman Winton: That's what I just said. 216 December 12, 2002 Commissioner Regalado: And $100,000. Commissioner Sanchez: And $100,000 out of his Quality of Life bond money, his district and mine coming out of my district. Chairman Winton: Further discussion? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, Commissioner Teele. Vice Chairman Teele: I'll tell you what I would like to do. I would like for us to take up the rest of the agenda, or let's set aside time and talk about the bond and do a comprehensive discussion on it and do all of the bond stuff at one time because Commissioner Sanchez is doing exactly what needs to be done right now and that is -- it's a little bit confusing, Johnny. The only thing that we wind up doing around here because of the way we've been lead over the years, is we just appropriate. In the case of the bond referendum we authorize projects. We authorize projects, we don't appropriate projects. That ordinance authorized projects. I'm very uncomfortable with the way the County Attorney said it innocently, but all we're doing is -- we can always amend. We can amend. Any legislative body can amend, but any amendment should be given a lot of consideration before we do any changes to that bond authorization because the day we do one amendment we're going to get editorial boards, we're going to get neighborhoods, and everybody's going to want to say, "well, what are you doing to the money?" And I think you know amendments to this thing need to be set-aside for the next five or six years and nobody needs even think about that, but what we can do is we can authorize sub projects the way Commissioner Sanchez was doing today under the broad category. In other words, if you say I've got $5,000,000 of Quality of Life, somewhere along the line you've got to say these are the projects that I want to expend the money for and that's authorizing. Chairman Winton: Well, I must be slow tonight would you point to the items here on 17 and use these as examples of what you're talking about because I'm kind of lost. Vice Chairman Teele: Let me tell you why you can't do it and that's the problem because what you got is an appropriations bill and the appropriations bill does not include everything. It only includes what's before you. It only includes the amendments. Commissioner Sanchez: That are in front of you. Vice Chairman Teele: Johnny, what you've got to get is either the bond referendum or contained in the book under District 5 E is a mirror recitation of every bond project that was attached to the -- and the staff has given them a number and the reason for this is we need to go through this and authorize projects that are underneath the various categories. For example, Quality of Life, the Quality of Life is $5,000,000, but it may be eight projects; it may be 20 projects, and somewhere you've got to say I want to build a Cuban Museum on this street and give it a name of a project. It's got to go through bond review process. We cannot just appropriate money every time there 217 December 12, 2002 is an issue. We've got to go through the process of staying faithful with what we did with the voters which is show them what the project is going to be and then to appropriate against that project, and so to say -- have you gotten the category Johnny, of District 5 E and it really -- Chairman Winton: Yes, I have a copy of -- Vice Chairman Teele: -- shouldn't be District 5, because it's a management document. Chairman Winton: I have it in front of me, yes. Vice Chairman Teele: This is nothing -- this doesn't add or take away any projects in here. It's merely a recitation -- Chairman Winton: Right. Vice Chairman Teele: -- of everything that was in the bond document, and what we're trying to do is get a number, a project number and subproject number, and they'll be sub sub -project numbers as we go through this, so in the area of Quality of Life, for example, each Commissioner may wind up having -- well, let's find Quality of Life. What's the title of Quality of Life, because that's the one that everybody can relate to? Commissioner Sanchez: While you're looking -- Vice Chairman Teele: 23 A, B, C, D and E. Commissioner Sanchez: Would you yield for one moment -- Vice Chairman Teele: Yes, sir. Commissioner Sanchez: --just to elaborate and bring some light to this? Chairman Winton: I need the light that's for sure. Commissioner Sanchez: On certain cases, extraordinary cases that we have in front of us, perfect example is the Cuban Memorial Drive. They've already allocated $60,000 for PE, OK, the other issue was that when the money that was basically going to use for that was the park improvement money because that was going to be turned into a park, it was going to be a Linear Park. I went in front of the Bond Oversight Board and said that we -- I expressed to them what this was going to be. It was going to be a park. The City owned the property. It fell in the scope of -- it made a lot of sense. Chairman Winton: And they approved it. Commissioner Sanchez: And they approved it, so when I get back and say where is the money, I find out that all that money was allocated to different parks in my district, so the money was basically gone, so in justification for the Quality of Life money that I have, which I am entitled 218 December 12, 2002 and every Commissioner here is entitled to amend it, to improve the Quality of Life in your district you know, that is what we're doing here. I have basically taken every legal step to do it properly like today where I allocated the specific amount of money and now I'm appropriating the money according to guidelines by the Bond Oversight Board. I could understand the concern that Commissioner Teele has. I'm not going to come out here and say OK, I'm going to take $5,000,000 out of my Quality of Life and I'm going to do a way off the wall project, you know. The voters didn't vote for that, but they voted for in the overall bond issue that those $5,000,000 your justified in using it for the betterment of your district and the Quality of Life improvement. Chairman Winton: And you've already been before the Bond Oversight Board, which approved this. Now, Commissioner Teele, let me see if I understand this. Are you saying that on these other line items on 17, different than Commissioner Sanchez. Commissioner Sanchez has gone completely through the process including getting the approval of Bond Oversight Board, and are you saying that the rest of these items, the problem with this, with what we're doing here is the rest of these have not been before the Bond Oversight Board? Vice Chairman Teele: No. What I'm saying to you is this. We legislatively have not set up a process yet. See we just created the Bond Oversight Board, and what Commissioner Sanchez is doing is he's doing it the right way. He didn't authorize the project now. Technically, he could have come to us and we may have said well, we don't really want to do that project, so then it would be a little bit out of cue. In other words, if we authorize the project, we referred out to the Oversight Board dah-dah-dah-dah-dah and where the issue comes up is, right now 17, that's the final action we take. The appropriation of money -- Commissioner Sanchez: Not the allocation, the appropriation. Vice Chairman Teele: Not the allocation, but the appropriation, and the thing on allocation Johnny, is that there's two allocations. There's the allocation under the bond authorization, which the voters got, but there's also the allocation under the availability of funds OK, so there's three separate processes in which we get involved in this and there's the process by which the Bond Oversight Committee gets involved. Essentially, Johnny, all of the projects have been authorized, the broad categories, but what are you going to do out of those categories, OK? Chairman Winton: And so, it seems to me what we need to be doing is deferring 17 -- Vice Chairman Teele: No. Chairman Winton: -- but passing a motion on Joe's -- Commissioner Sanchez: No, you don't want to do that. Vice Chairman Teele: No. Commissioner Regalado: No, no because I need to appropriate $100,000 with a specific area and use and that is why I want to include in 17 too. 219 December 12, 2002 Chairman Winton: Well, but have you been before the Bond Oversight Board with your -- Commissioner Regalado: Yes, and that's the point. Chairman Winton: I see. Commissioner Regalado: The point is that they wanted to use that -- Chairman Winton: So what in the world -- I still don't get it. Why are we still -- what are we going to do with 17? I'm lost. Vice Chairman Teele: 17 is appropriated, that's the final -- Chairman Winton: I got that. Vice Chairman Teele: -- last act. Chairman Winton: But I thought you were -- I thought you were this whole time you've been trying to convince us that we should not be doing 17 somewhere. Vice Chairman Teele: No, sir. The only thing that I said is, let's do 17 one time tonight and let's make sure that we've got everything on the table. Chairman Winton: Well, don't we? Vice Chairman Teele: I don't know. Commissioner Sanchez: Well, that's -- Chairman Winton: We have everything that we want on the table. Vice Chairman Teele: Well, but I want to talk to the Manager publicly because you know, this could very well be an important meeting as it relates and I want to make sure that the Manager has gotten everything that we've committed to somewhere in this process. Chairman Winton: But even if he hasn't, we'll bring it back in the next meeting. I mean we can appropriate funds every single meeting. In fact, I kind of anticipate that as we crank this thing up, we will be appropriating funds for every single meeting. Commissioner Sanchez: But then the problem comes that he has addressed that hasn't hit on it is that they're going to be so overworked that they're not going to be able to do any of the projects. Chairman Winton: But appropriating the money allows them to move forward. Commissioner Sanchez: Absolutely. 220 December 12, 2002 Chairman Winton: If they get backed up, they'll have to come to us and figure out how to get unbacked [sic] up, so -- Commissioner Regalado: Well - Chairman Winton: -- is there any further discussion on 17? Commissioner Regalado: Mr. Chairman. Chairman Winton: I'd like to -- Mr. Gimenez: There is something I have to put on the record, because when we went through the bond workshop, we allocated $127,000,000 worth of work, and part of that Commissioner Sanchez had X number of dollars allocated from his -- Commissioner Regalado: Quality of Life. Mr. Gimenez: Quality of Life. I don't believe he had -- I think we have to go into the unallocated in order to get -- Commissioner Sanchez: I could tell you exactly how much I had. Mr. Gimenez: OK. Commissioner Sanchez: I have $5,000,000 and I've used $1,400,000 and please somebody correct me if I'm wrong. Mr. Gimenez: It's already allocated from 127? Commissioner Sanchez: 1,400,000 has been allocated. All I'm asking that the remaining balance which is only $2,000,000 be allocated. Chairman Winton: But was that -- Commissioner Sanchez: I've studied this issue back and forth and do you know why? Because I looked at it, I thought that the money was allocated from my projects, and just like in the past of this City, they stole from Peter to give to Paul and they shuffled the money around from one project to another. What happens here in the future -- in the past has been that when a project is not complete and it's not done, they just roll the money into a big pot of money, and please somebody correct me if I'm wrong. Vice Chairman Teele: Well, I can't correct you. I can't correct you, but was does bother me is the use of the word allocate, because Mr. Manager, what bothers me in this dialogue is the use of the word allocate, because allocation is an internal process between the Commission and the Manager to basically make dollars available, but allocating does not authorize a project, nor does it appropriate money for projects. 221 December 12, 2002 Chairman Winton: Allocation -- Vice Chairman Teele: It's the bond proceeds. Chairman Winton: -- but the allocation -- we did an allocation process with the first 128,000,000 or the 126,000,000 that we went out. We still twenty some million that's unallocated out of the first tranche. Vice Chairman Teele: Johnny, but don't make this harder than it is, because it's already hard. Chairman Winton: Well, I think it's not hard to me. Vice Chairman Teele: Yes it is Johnny, the money that has been allocated -- Chairman Winton: Is a hundred and twenty something million. Vice Chairman Teele: It's a meaningless action other than to the five of us. Chairman Winton: Well -- Vice Chairman Teele: Because it doesn't authorize a project and it doesn't appropriate money fora prof ect. The last thing that we do --the first thing that we do is allocate. Chairman Winton: We understand that. I understand the whole thing. Vice Chairman Teele: The least thing that we do is appropriate. Chairman Winton: That's correct, and what the Manager was simply saying just now to Joe was that in this appropriation he is simply making sure that his 4, $5,000,000 of Quality of Life was in that first allocation. Mr. Gimenez: And as I look at it now. Vice Chairman Teele: No. Chairman Winton: That is true. Vice Chairman Teele: No, sir. Chairman Winton: Don't argue with me. Vice Chairman Teele: Ask the Attorney. Chairman Winton: Ask him. 222 December 12, 2002 Vice Chairman Teele: You can't appropriate -- just hear me on one point -- you cannot appropriate against a general project. You got to have a specific -- Chairman Winton: I understand that. Mr. Gimenez: Commissioner, if I may, Commissioner, what we did in the bond workshop was that we did not appropriate we just allocated OK, so there was nothing -- we said 500,000 for this, et cetera, et cetera, et cetera, OK. Then you got to come back and get an appropriation, let us go ahead and spend the money, but as I look over the sheet that I have it says that Commissioner Sanchez, the allocation from Neighborhood Quality of Life improvements for 60,000, 600,000, 480,000 and 310,000, which was part of all the total amounts. He had $3,000,000 allocated for Calle Ocho improvements. You have 4,5000,000 for a neighborhood park improvements so, if Commissioner Sanchez is saying now he wants 2,000,000 to come from his Quality of Life, which he has a balance, it has to come from the 28 that was unallocated. Commissioner Sanchez: That's what I'm saying, I've always said that all along. Mr. Gimenez: Right. So, I'm putting this on the record that you're going to -- you want to allocate 2,000,000 of the 28,000,000 that's unallocated? Commissioner Sanchez: That's unallocated and out of those 28 five are mine. Mr. Gimenez: Well, that hasn't been fully discussed how the 28,000,000 are going to be allocated, OK? You do have a total of $5,000,000 in your Quality of Life balance available. If it's all five comes from this -- balance comes from this 28,000,000 that's unallocated, that's something that the Commission will have to discuss. Commissioner Sanchez: Mr. City Manager, the 600 the 700 the 60,000 the 300,000 add up to $1,400,000. Mr. Gimenez: That's absolutely correct. Commissioner Sanchez: OK. Mr. Gimenez: Which is part of the 127,000,000 total -- Commissioner Sanchez: Right, which -- Mr. Gimenez: -- which was allocated. Commissioner Sanchez: Let's not complicate this. It's minus $5,000,000. I have 1,400,000 has been used, the remaining balance, all that I'm doing is, which today, we allocated 2,000,000 out of those $5,000,000 and right now in this ordinance is being amended. All we're doing is appropriating the money. 223 December 12, 2002 Mr. Gimenez: Commissioner, I'm not debating that. You have a balance more than enough in what's called your Quality of Life in the total $255,000,000 bond issue to handle what you want to do. However, I have to put on the record that what is is $2,000,000 of what we have -- we have $28,000,000 which is totally unallocated. You are now taking 2,000,000 of the unallocated and appropriating that to this project. Chairman Winton: And we haven't done that with anything else I don't think. Mr. Gimenez: I don't believe so and that's why I have to just put it on the record so everybody understands exactly what's going on. That's all and I just want to make sure everybody -- Vice Chairman Teele: I don't understand (INAUDIBLE) Chairman Winton: I understand it clearly. Mr. Gimenez: Commissioner, when we allocate d$127,000,000 plus bond money and CIP money OK, each District had an allocation of a certain amount of funds. Commissioner Sanchez allocated from his Quality of Life 1,600,000 something roughly to that, OK, from the 127. There is now $28,000,000 because we sold more we got more in bond proceeds than we thought we were going to get. We have $28,000,000 balance that we have not allocated. We had not discussed it in the meetings. It was something that was supposed to be brought up so we can allocate it and then later on appropriate it. What's happening now is that Commissioner Sanchez is allocating and appropriating 2,000,000 of the 28,000,000 that was unallocated in that first meeting. Vice Chairman Teele: That's not what I -- Chairman Winton: But that is what happened. Commissioner Gonzalez: That is what's happening. Vice Chairman Teele: That's certainly not -- are you saying to me that Commissioner Sanchez has already expended by appropriation -- he's already appropriated the full $5,000,000? Mr. Gimenez: No, sir, I -- Vice Chairman Teele: Of Quality of Life? Mr. Gimenez: -- that is not what I'm saying. What I'm saying is on the first allocation -- Vice Chairman Teele: He got $5,000,000 to fall -- Mr. Gimenez: He did not get $5,000,000, he got 1,600,000 for Quality of Life, which he allocated to certain projects, OK. So therefore if he's going to draw down another $2,000,000 of his 5,000,000 allocation, it has to come from the 28,000,000 that is unallocated at this time. 224 December 12, 2002 Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Look, I don't have any problems. I just want to know if Janet will tell me if I don't do for instance, on the list that Commissioner Teele has, 23D is the $5,000,000 Quality of Life for District 4. Of those $5,000,000 we only have used $50,000 for the water truck, so we have a balance. If we were to say 2313-1 curbs reconstruction in Shenandoah, West Little Havana and Flagami, is that -- Janet Palecino (Director, Department of Capital Improvement Projects): That money is appropriated. You have $5,000,000 appropriated for your Quality of Life so I'm assuming that you just want to put on the record that you want to use $100,000 of that appropriated money in Quality of Life for traffic calming. Commissioner Regalado: Which -- no, that's for curbs, for curbs. Ms Palecino: I'm sorry. Commissioner Regalado: Which was the will of the representative of District 4 -- Chairman Winton: I don't think anybody's arguing that point. Commissioner Regalado: -- in the Bond Oversight Committee. Mr. Gimenez: Commissioner, you're fine because -- Chairman Winton: Absolutely. Mr. Gimenez: -- you have plenty of money in your Neighborhood Quality of Life which was already allocated and appropriated to handle this hundred thousand. Chairman Winton: Yeah. Mr. Gimenez: You just never have identified a specific project. I think you have something like 4,950,000 of your Neighborhood Quality of Life improvement because that was -- Commissioner Regalado: Yeah because we only done the water truck. So, Chairman Winton: Commissioner Regalado, you're fine. Your 100,000 is -- your request fits in terms of appropriation, identification of project, approve the bond oversight and I mean, allocation, approval of Bond Oversight and now appropriations, so you fit. Commissioner Regalado: OK, so I want to include that just to be sure on the 17th Chairman Winton: Understand completely. Now, at the 17th -- 225 December 12, 2002 Vice Chairman Teele: Well, my understanding that Commissioner is the same as yours Commissioner Winton on Commissioner Regalado. The only thing that he needs to do properly is codify the project under this authorization thing and just so that it's clear, what's it going for. Commissioner Sanchez: And a specific title. Vice Chairman Teele: And a specific title. Give it a specific title so that it doesn't do exactly what Commissioner Sanchez has said has happened in this town so many times. Commissioner Sanchez: In other words, you just can't appropriate money and not put a title on it, that's exactly what it is. Chairman Winton: Well, but I don't think we're doing what you guys just said we're doing, but I want to -- Vice Chairman Teele: No, we're not. Chairman Winton: So -- and I think we're headed in a direction where they are going to do the kinds of things that you all are suggesting, but I want to make sure that we all understand when we vote on 17 what Commissioner Sanchez is doing here is a little bit different than that. He's taking a part of the 28,000,000 unallocated, moving it in a pot before we've had that discussion, and frankly, as I thought about it, I don't think they'd have a problem with that because what he's really saying right now is that clearly some of that $28,000,000 is going to be his, and he's allocating at least the first 2,000,000 or whatever he gets to Quality of Life to get a project done, and so, he's prespending [sic] his 28,000,000, and I guess I don't have a problem with that, so just so we all understand that. Is there -- do we have a motion and a second on 17? Vice Chairman Teele: I have a serious concern that I want to take up about 17. Chairman Winton: Another one? Vice Chairman Teele: This deals with the overall ordinance and not the homeland security. Mr. Manager, I didn't get to talk to you privately and I apologize. We just came from a very wonderful ceremony today and I want to commend you Mr. Manager and Carlos McDonald for the 75th anniversary of Pan American Airline and the City Hall but I want to add under section 4 of this emergency ordinance the language that says provided -- Chairman Winton: Where are you? Vice Chairman Teele: Item number 17 section 4, because this and let me -- Chairman Winton: Are you in the schedule of projects, sir? Vice Chairman Teele: Page 14 of 15 pages. 226 December 12, 2002 Chairman Winton: Page 14 and 15? Vice Chairman Teele: Yeah. This City Hall reconstruction has turned into a major project and I for one am very comfortable with the project and I'm not at all anxious to get back into the building until it's done right and I don't think we ought to artificially create some date that creates a lot of frustration. I think the message that we ought to give to Carlos McDonald and the Manager and, et cetera, is that we want it done right now that you're doing it, because you know, don't imaging that we'll be doing this for the next 15 to 20 years, but was does bother me is the imbalance and the disparity of infrastructure within the various offices of the Commission, and I think one day we will have a woman Commissioner here. One day we will have handicapped Commissioners, and I would like to ensure as an amendment to this provided that the infrastructure and offices of the five elected Commissioners are relatively equal in amenities and in support, and I think that's adequate to get to a lot of the things where you know over the years it's been this person had this put in, this person had that put in and it's not about me and it's not about Commissioners Regalado or -- I know I left an office for example that had a bathroom. I gave it to Commissioner Sanchez but you know if there were a female Commissioner, I think it would be unfair for somebody to go to Commissioner Sanchez and say you ought to give up the office. Somebody else, several Commissioners have -- and it's not a big deal but I think if we're going to do this we ought to do it right because we're not going to be doing this anymore, and so I would just simply add as an amendment under section 4 which means you all would probably have to come back in January provided that the infrastructure and facilities of the five elected Commissioners are relatively equal. Doesn't mean everybody's got to have the same size. Doesn't mean that everybody's got to have this, but there ought to be an effort to make the rooms handicapped accessible where they can be and the kinds of amenities that all of the other offices should have, relatively, not to the cost of a big consideration. Commissioner Regalado, do you have a problem with that? Chairman Winton: And subject to the approval of the Commission. Vice Chairman Teele: Well, they're going to have to come back and look at that. Chairman Winton: Because from my -- fine, so we have an amendment to the motion on item 17. Any further discussion on item 17? Is this an ordinance or a -- Vice Chairman Teele: It's an ordinance, but I'm going to tell you this Mr. Chairman, we do not need to amend this thing every month and that's going to wind up being a problem too. We need to say that we're going to look at this quarterly or something. I'm not saying that today, but we really do need to -- Chairman Winton: No, I agree with you 100 percent. Vice Chairman Teele: -- put some discipline in there. Chairman Winton: When I said every Commission meeting I wasn't talking about this ordinance, I was talking about appropriations so -- OK. 227 December 12, 2002 Vice Chairman Teele: This is appropriations. Chairman Winton: Well, but there could be -- we'll discuss that, but anyhow, read the ordinance, please. Commissioner Gonzalez: Yes, before you read the ordinance I just -- small concern. Commissioner Sanchez made a statement that really hit me. He said that he wanted to do a project on a park and when he went to look for the monies, the monies had already been distributed. I though that we were the ones that designated what projects we are going to do and what we're going to do in each park. Is it up to somebody to distribute the money -- Commissioner Sanchez: No, I think I need -- I think I need to clarify that. It is my understanding that I had X amount of dollars pertaining to improvements of parks and I thought that that money was there, but apparently what the Parks Department did is they looked at all my parks and they basically put the projects in the parks, so it was a misunderstanding between -- once again, we didn't know, I thought that the money was there and I was going to use that because that was going to be -- it's a linear park. Commissioner Gonzalez: Yeah, but that exactly what I'm referring to, so what you're saying is that the Parks Department decided what projects to do in each of your parks. Commissioner Sanchez: Well, the analyzed my parks and made recommendations as to what needs to be repaired. I know Jose Marti pool needs to be repaired. The parks in poor condition and you know, we basically drove by the parks and they were pretty well on the -- Chairman Winton: It seems to me that this is an issue that we can take up as a separate subject and get on with 17. Commissioner Sanchez: All right call the question, as amended. Chairman Winton: We don't have a motion on -- we only have a motion on amending, we don't have a motion an original motion on accepting or adopting 17. Vice Chairman Teele: Mr. Chairman, I move item 17, as amended. Commissioner Sanchez: As amended as to the -- Vice Chairman Teele: As amended multiple times. Chairman Winton: Yeah. Commissioner Sanchez: The 2,000,000 and the 100,000 for Commissioner Regalado. Chairman Winton: Right. Vice Chairman Teele: The 2,000,000 the 100,000 and the further proviso for language. 228 December 12, 2002 Chairman Winton: Right. We have a motion do we have a second? Commissioner Sanchez: Second. Vice Chairman Teele: May I just inquire one thing? On Moore Park, has that been appropriated? Because I have a request, now that Commissioner Gonzalez is raising -- I got the request from the department requesting, approving $120,000. Has it been appropriated? I've got approval of the contracts. Ms. Palecino: The answer is yes. Chairman Winton: OK, any further discussion on 17? Commissioner Sanchez: Call the question. Chairman Winton: It's not -- read the ordinance. Roll call, please. Priscilla A. Thompson (City Clerk): This is the first roll call. This is an emergency ordinance. Vice Chairman Teele: Before I do, can I just inquire? Ma'am, are we straight on this? Ms. Palacino: Yes. Ms. Thompson: Second roll call. The emergency ordinance has been adopted, 5/0. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12280, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND ESTABLISH NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2002-2003; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 229 December 12, 2002 was introduced by Vice Chairman Teele and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None. Whereupon the Commission on motion of Vice Chairman Teele and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12306. The ordinance was read by title into the public record by the City Attorney. 50. DEFER CONSIDERATION OF PROPOSED ORDINANCE ON EMERGENCY HEARING TO AMEND CODE TO MORE CLEARLY STATE AND ACCURATELY REFLECT PURPOSE OF INTERNATIONAL TRADE BOARD TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003. Chairman Winton: 17A is there any discussion on 17A? If there is, we're going to defer it. Is there any discussion on 17A? OK, need a motion then. Vice Chairman Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second, emergency ordinance on 17A, read the ordinance, please. 230 December 12, 2002 Vice Chairman Teele: Question, could you just state why we're doing this? As the Chairman of the International Trade Board. Chairman Winton: If you look at the -- it really is -- it's almost inconsequential, but the Board felt that they'd like to clean it up. If you look at the second, page two of five, you could see the minor changes that are in there that I think the board feels strongly are more apt in reflecting the past that we're trying to perform in today's environment. It's really minimal. Vice Chairman Teele: Well, I don't want to -- I mean, you're the Chairman of it and again I think we should work, but I really didn't understand why residential development is a mission of the International Trade Board. Chairman Winton: Why what? Vice Chairman Teele: Residential development -- for the purpose of stimulating residential, commercial, industrial -- Chairman Winton: Yeah, the residential development is existing language and frankly the stimulating residential -- what our mission is, is to bring international trade and investment in here, and we don't care whether it's buying a single-family home or it's buying an office building, whether it's trading pickles or trading whatever. That's the mission; bring economic vitality of any kind. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. Vice Chairman Teele: Respectfully, as Chairman of the International Trade Board I wanted to say -- Chairman Winton: I would like to defer 17A. Move to 18, please. Vice Chairman Teele: But Johnny, let me just say this -- Chairman Winton: I'm trying to move through this. Vice Chairman Teele: I understand but we don't get to -- we can move it but where are we going to be when we comeback? I just think you ought to think about the FT the free trade agreement. Chairman Winton: Right. Vice Chairman Teele: And trade missions and really look at a mission that focuses also on giving the International Trade Board some portfolio in taking leadership in that area. Chairman Winton: And by the way, I'm not opposed to the discussion I was just trying to move because I asked in the beginning whether we had discussion. If you did, I wanted to move it to a 231 December 12, 2002 point where we'll have that discussion so -- because I'm all in favor of having discussion. Don't get me wrong, at all, so if you would rather have -- and maybe we should defer it, have the discussion, because I don't want to miss the point you're making, so frankly, I'd rather defer this -- what the? Why is it an emergency? Wait forever. I'd rather defer it so that we can get your input -- Vice Chairman Teele: Move to defer, Mr. Chairman. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Winton: Thank you. Motion to defer. Discussion? None, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Deferred to -- Vice Chairman Teele: Move item 18, Mr. Chairman. Alejandro Vilarello (City Attorney): To the first meeting in January. Chairman Winton: The second meeting in January. Mr. Vilarello: The second meeting in January. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: It passes. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 02-1322 A MOTION TO DEFER CONSIDERATION OF PROPOSED ORDINANCE ON EMERGENCY HEARING TO AMEND THE CODE TO MORE CLEARLY STATE AND ACCURATELY REFLECT THE PURPOSE OF THE INTERNATIONAL TRADE BOARD TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003. 232 December 12, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 51. SECOND READING ORDINANCE: AMEND CHAPTER 14/ARTICLE II/ 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. Chairman Winton: 18, second reading ordinance. Commissioner Sanchez: It's a public hearing. Chairman Winton: Yes, it is. Vice Chairman Teele: DDA (Downtown Development Authority). Chairman Winton: Do we have anybody from the public like to comment on 18? No one present. Close the public hearing. Vice Chairman Teele: So move, Mr. Chairman. Chairman Winton: We have a motion. Commissioner Regalado: Second. Chairman Winton: Second. Read the ordinance please. 233 December 12, 2002 An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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. The ordinance was passed on its first reading, by title, at the meeting of November 19, 2002, was taken up for its second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12307. The ordinance was read by title into the public record by the City Attorney. Pricilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. 234 December 12, 2002 52. SECOND READING ORDINANCE: AMEND CHAPTER 56 OF CITY CODE ENTITLED "TAXATION" BY ADDING NEW SECTIONS 56-110 THROUGH 56-122 TO SAID CODE 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. Chairman Winton: 19, second reading ordinance, this is a public hearing. Anyone from the public like to comment on item number 19? Being none, we'll close the public hearing. Need a motion on second reading ordinance 19. Commissioner Gonzalez: Move item 19. Vice Chairman Teele: Second. Vice Chairman Winton: Got a motion and a second please read the ordinance. 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. 235 December 12, 2002 The ordinance was passed on its first reading, by title, at the meeting of November 19, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12308. The ordinance was read by title into the public record by the City Attorney. Pricilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. 53. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "THE PARTNERSHIP STUDY FOR THE PREVENTION OF VIOLENCE;" APPROPRIATE $1,450.55, CONSISTING OF DONATION FROM PARTNERSHIP STUDY FOR PREVENTION OF VIOLENCE OF UNIVERSITY OF MIAMI/JACKSON MEDICAL CENTER TO PROVIDE BASIC SWIMMING SAFETY SKILLS TO INNER CITY CHILDREN. Chairman Winton: 22, second reading ordinance. I mean, 21 I'm sorry. I'm looking at 21 saying 22. Commissioner Sanchez: So move on 20. Commissioner Gonzalez: Second 20. Chairman Winton: Public hearing on 20. Anybody from the public like to comment? Commissioner Sanchez: It's not a public hearing. Commissioner Gonzalez: It's not a public hearing. Chairman Winton: Oh, it's not? Commissioner Sanchez: No. 236 December 12, 2002 Chairman Winton: OK, it's not a public hearing so, anyone from -- OK, no one from the public hearing is invited to talk about this issue. Alejandro Vilarello (City Attorney): It's a second reading ordinance, it is a public hearing. Chairman Winton: See. You guys are messing me up. I thought I knew what I was talking about, so anyone from the public like to comment on ordinance number 20? Being none, close the public hearing. Need a motion and a second. Commissioner Gonzalez: Move it. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. Roll call. 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. The ordinance was passed on its first reading, by title, at the meeting of November 19, 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 Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12309. 237 December 12, 2002 The ordinance was read by title into the public record by the City Attorney. Pricilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. 54. SECOND 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 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. Chairman Winton: Item 21, second reading ordinance again. Commissioner Sanchez: Public hearing. Chairman Winton: Public hearing. Anyone form the public like to comment on 21? No one shows, we'd like to close the public hearing. Need a motion. Commissioner Gonzalez: Move 21. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. 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. 238 December 12, 2002 The ordinance was passed on its first reading, by title, at the meeting of November 19, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12310. The ordinance was read by title into the public record by the City Attorney. Pricilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. 55. TEMPORARILY CHANGE LOCATION OF REGULAR CITY COMMISSION MEETINGS TO MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 S.W. 1 STREET, OR, AS ALTERNATE SITE, AT UNIVERSITY OF MIAMI KOUBEK CENTER, LOCATED AT 2705 S.W. 3RD STREET UNTIL CONSTRUCTION AT CITY HALL IS COMPLETED. Chairman Winton: Now a question I have to the Commission: Do you all want to go through the rest of this agenda? Do you want to see if we can fly through the rest of this agenda or do you want to go back and do blue sheet items, pocket items? Your input is requested. Commissioner Regalado: I'd like to do pocket items just to get it out of the way if possible. Chairman Winton: OK. Commissioner Regalado: But remember, Johnny, you need to decide -- Chairman Winton: I'm all in favor of going through this, if you all want to, by the way. Commissioner Regalado: On the first meeting of January -- Chairman Winton: I think that Commissioner Teele was suggesting that we do the rest of the meetings at the Artime Center. That seems to be a good venue. The acoustics works. Everything seems to work and so, I'm not sure that's not a bad idea. 239 December 12, 2002 Commissioner Regalado: That's fine by me. Commissioner Gonzalez: Is that a motion? Vice Chairman Teele: I would so move. Commissioner Gonzalez: Second. Carlos A. Gimenez (City Manager): Need to check availability on all dates and we'll get back to you. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Is it available? OK. So, it's available for at least for the next two? Commissioner Regalado: Mr. Chairman. Mr. Gimenez: Just consider if the Artime is not available, just let's consider the University of Miami Koubek Center on Southwest 27th Avenue and 3rd Street. It has a very nice auditorium. Chairman Winton: OK, great. If it's not available, then we will -- Commissioner Regalado: Because I mean, this is a new very grand facility and it belongs to U.M. and I'm sure that they will accommodate us. Chairman Winton: So, if Artime isn't available, would you all contact Commissioner Regalado to help us figure out if the other facility is available? Thank you. Commissioner Sanchez: Mr. Chairman Winton: Did we vote on that? Commissioner Sanchez: Mr. Chairman. Mr. Gimenez: It's available. Chairman Winton: OK. All in favor -- Commissioner Sanchez: Mr. Chairman. Chairman Winton: All in favor, "aye" on Artime Center. The Commission (Collectively): Aye. Chairman Winton: Thank you. 240 December 12, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-1324 A RESOLUTION OF THE MIAMI CITY COMMISSION TEMPORARILY CHANGING THE LOCATION OF THE REGULAR CITY COMMISSION MEETINGS TO THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 S.W. 1 STREET, MIAMI, FLORIDA, OR, AS AN ALTERNATE SITE, AT THE UNIVERSITY OF MIAMI KOUBEK CENTER, LOCATED AT 2705 S.W. 3RD STREET, MIAMI, FLORIDA, UNTIL THE CONSTRUCTION AT CITY HALL IS COMPLETED. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 56. FIRST READING ORDINANCE: AMEND ARTICLE III OF CHAPTER 18 OF CITY CODE ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE" BY ADDING NEW SECTION 18-117 TO PROVIDE THAT CONTRACTUAL PARTY WHO HAS DEFAULTED UNDER TERMS OF CONTRACT WITH CITY OR ANY OF ITS BOARDS, AGENCIES, TRUSTS, AUTHORITIES, COUNCILS OR COMMITTEES MAY NOT PARTICIPATE IN ANY CONTRACT WITH ANY CITY ENTITY UNTIL SUCH DEFAULT HAS BEEN CURED. Commissioner Sanchez: Mr. Chairman, can we take up item 25 and 40. They coexist? They're both basically the same thing item -- well, Mr. Chairman. Chairman Winton: Yes fine, 25. Commissioner Sanchez: Item 25 is an ordinance, first reading. Basically what this does is any party that has defaulted on the terms of contract with the City of any of its boards, agencies, trusts, authorities, councils, or committees -- Chairman Winton: You have a motion? Make a motion. Commissioner Sanchez: So move. 241 December 12, 2002 Commissioner Gonzalez: Second. Chairman Winton: Got a motion on 25 and a second, further discussion? Alejandro Vilarello (City Attorney): This is on a substitute ordinance. Commissioner Sanchez: It's a substitute ordinance but -- Johnny, do you understand what I'm saying? Chairman Winton: Yes, I do. Commissioner Sanchez: There are people that come into Bayfront Park holding an event owing us money -- Vice Chairman Winton: I understand you -- Commissioner Sanchez: -- and going to other venues. Vice Chairman Winton: Right. Mr. Vilarello: Mr. Chairman, the difference between the item that is on the agenda and the substitute is simply the basis that Commissioner Sanchez mentioned becomes the basis for a debarment process. Vice Chairman Winton: Yes. They have to go through the process. Mr. Vilarello: Right. Chairman Winton: I understand. Commissioner Sanchez: All right there's a motion and a second. Vice Chairman Winton: Read the ordinance. Roll call. 242 December 12, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE III OF CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE" TO PROVIDE THAT A CONTRACTUAL PARTY WHO HAS DEFAULTED UNDER THE TERMS OF A CONTRACT WITH THE CITY OR ANY OF ITS BOARDS, AGENCIES, TRUSTS, AUTHORITIES, COUNCILS OR COMMITTEES (COLLECTIVELY, "CITY ENTITIES") MAY NOT PARTICIPATE IN ANY CONTRACT WITH ANY CITY ENTITY UNTIL SUCH DEFAULT HAS BEEN CURED; MORE PARTICULARLY BY ADDING NEW SECTION 18-117; CONTAINING A REPEALER PROVISION, AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney Pricilla A. Thompson (City Clerk): The ordinance is passed on first, 5/0. 57. ESTABLISH AND APPROVE DEBARMENT REGULATIONS IN ACCORDANCE WITH SECTION 18-107, ENTITLED "DEBARMENT AND SUSPENSION" OF CITY CODE. Chairman Winton: Let's jump through these items. Commissioner Sanchez: Number 40, so move. Vice Chairman Teele: Second. Chairman Winton: We got -- Commissioner Regalado: What are we doing? 243 December 12, 2002 Alejandro Vilarello (City Attorney): Item 40 is simply the debarment regulations which have been referred to in the City code for years and are finally being considered adopted by the City Commission. It would be amended to include the item that Commissioner Sanchez just proposed as a basis for the debarment. Commissioner Sanchez: In other words, if you come and do business with us, we're running this City like a business. You pay or you don't do business with us. Vice Chairman Teele: May I ask one question? Chairman Winton: Yes sir. Vice Chairman Teele: Would a vendor that has -- would someone who has advertising come within this debarment? Mr. Vilarello: It could be, if they are in violation of the zoning code, they've been found in violation of the zoning code, they could be debarred. If the City went through the process and actually prosecuted them through the debarment process which are the regulations that we are considering right now. Vice Chairman Teele: Does the word debarment extend to somebody, say, wanting to wrap their building or put a giant sign on top of the building when they have to come to us? Mr. Vilarello: I'm not sure I understand. Vice Chairman Teele: Look when you put these big outdoor signs on the side of buildings, you have to come in and apply. Does the debarment statute and regulations bring people that have been in violation of zoning, et cetera, to include that type of action? Mr. Vilarello: Violations of the zoning code, yes, sir. It allows us to go through -- if they are in violation of zoning code, we could use the debarment process to stop them from doing business with the City. Vice Chairman Teele: And so the word is doing business with the City. Chairman Winton: That's the key. Vice Chairman Teele: That's the operative word. Chairman Winton: That's the operative point, doing business with the City. Any other question then? So, we have a motion -- do we have a motion? Commissioner Regalado: Yes. Chairman Winton: And a second? 244 December 12, 2002 Commissioner Sanchez: And a second. Chairman Winton: We have a motion and a second. This is a resolution so any further discussion? None, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1325 A RESOLUTION ESTABLISHING AND APPROVING DEBARMENT REGULATIONS IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT A" IN ACCORDANCE WITH SECTION 18-107, ENTITLED "DEBARMENT AND SUSPENSION" OF ARTICLE III, CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 58. ACCEPT BID OF UNITECH BUILDERS CORPORATION FOR PROJECT ENTITLED "LUMMUS LANDING MIAMI RIVERFRONT REDEVELOPMENT PROJECT B-3286"; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT TOTAL ESTIMATED COST $1,550,296. Carlos A. Gimenez (City Manager): Mr. Chair. Chairman Winton: Yes, sir. Mr. Gimenez: We'd like to have 42 approved. Chairman Winton: 42. I think we ought to go back and go through all of these. 245 December 12, 2002 Mr. Gimenez: This is Lummus landing a project and we have some grant money that have to spend. Chairman Winton: Grant money? Mr. Gimenez: It's a grant fund, and we need to start construction. Chairman Winton: OK, need a motion on 42. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1326 A RESOLUTION ACCEPTING THE BID OF UNITECH BUILDERS CORPORATION FOR THE PROJECT ENTITLED "LUMMUS LANDING MIAMI RIVERFRONT REDEVELOPMENT PROJECT B-3286", IN THE PROPOSED AMOUNT OF $1,444,196; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 322064 APPROPRIATED BY THE CAPITAL IMPROVEMENT PROGRAM APPROPRIATIONS ORDINANCE, IN THE AMOUNT OF $1,444,196 FOR CONTRACT COSTS AND $106,100 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $1,550,296; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 246 December 12, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 59. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF RESULTS FROM ELECTION HELD ON DECEMBER 3, 2002, IN WHICH SIDNEY FERGUSON, BARBARA KING LOYD AND MICHAEL WILSON WERE ELECTED AS MEMBERS OF OVERTOWN ADVISORY BOARD. Chairman Winton: Anybody else got one they want. There's a grant on 43. Oh, no. We did 43. Carlos A. Gimenez (City Manager): It's already passed. Chairman Winton: OK, you want to go back and do pocket items and then consider whether or not we're going to finish the agenda. Is that your wish, Commissioner Regalado? Commissioner Sanchez: Let's do pocket items. Chairman Winton: OK, pocket items. Commissioner Sanchez: No, let's go to the blue sheets. Vice Chairman Teele: Blue pages -- let everybody -- blue pages and pocket items. Chairman Winton: OK, blue pages and pocket items. Do them both, so I'd like to do item number 48, accepting the Overtown Advisory Board elections that have been completed. Is that not correct, Madam Clerk? The elections have been completed. Vice Chairman Teele: So move 48. Commissioner Gonzalez: Second. Chairman Winton: Have a motion and a second on 48. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. 247 December 12, 2002 Chairman Winton: Like sign opposed, motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02- 1327 A RESOLUTION ACCEPTING THE CITY CLERK'S CERTIFICATION AND DECLARATION OF RESULTS FROM ELECTION HELD ON DECEMBER 3, 2002, IN WHICH CERTAIN INDIVIDUALS WERE ELECTED AS MEMBERS OF THE OVERTOWN ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 60. ADOPT FISCAL YEAR 2002-2003 (CRA) OPERATING, OMNI AND SOUTHEAST OVERTOWN/PARK WEST TIF PROJECTS AND PROGRAMS BUDGETS OF COMMUNITY REDEVELOPMENT AGENCY. Vice Chairman Teele: Mr. Chairman, 41A, which has previously been approved, but it's a format relating to what the County is asking. The numbers are the same, it's just reformatted. That's the CRA (Community Redevelopment Authority) budget and transmits the budget to the County. Chairman Winton: OK, we have a motion, is that a motion? Vice Chairman Teele: So move 41A. Chairman Winton: We have a motion on 41A. Need a second. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second on 41A. Mr. City Attorney? Any discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. 248 December 12, 2002 Chairman Winton: Like sign opposed, motion carries. 41A is complete. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1328 A RESOLUTION ADOPTING THE FISCAL YEAR 2002-2003 (CRA) OPERATING, OMNI AND SOUTHEAST OVERTOWN/PARK WEST TIF PROJECTS AND PROGRAMS BUDGETS OF THE COMMUNITY REDEVELOPMENT AGENCY IN THE FORMAT AS REQUESTED BY MIAMI DADE COUNTY AND AS ATTACHED IN EXHIBIT `A' AND FULLY INCORPORATED HEREIN; FURTHER AUTHORIZING THE TRANSMISSION OF SAME TO MIAMI DADE COUNTY. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 61. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH 3D1 MEDIA FOR PURPOSE OF INSTALLATION, OPERATION AND MAINTENANCE OF INDOOR PUBLIC SERVICE ANNOUNCEMENTS FOR UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTER FOR DISEASE CONTROL CDC TO BE INSTALLED IN EIGHT CITY PARKS. Chairman Winton: We're now going to -- we can come back to any agenda item you all want but we are now going to both pocket items and blue sheet and I guess we'll start with District 1. Commissioner Gonzalez do you have pocket items or blue sheets? Commissioner Gonzalez: No. Chairman Winton: No, Nothing? Commissioner Sanchez. Commissioner Sanchez: No, sir. Chairman Winton: Nothing? Who's doing the Mayor's? Commissioner Regalado. 249 December 12, 2002 Commissioner Regalado: Yes, yes. Chairman Winton: OK, it's all yours. Commissioner Regalado: OK, I have several pocket items from the Parks Department. I have a resolution of the Miami City Commission authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney with the 313-1 Media for the purpose of the installation, operation and maintenance of indoor public service announcements for the United States Department of Health and Human Services Center for Disease Control (CDC) to be installed in eight City parks for a period of six months in which the City would receive $300 per location or PSA (Public Service Announcement). This is about obesity in the children and we're lucky that Miami has been chosen by the CDC to have this, because not only they pay, pay a little, but this is a good public service in the parks, so that's my motion Mr. Chairman. Chairman Winton: OK, we have a motion need a second. Commissioner Sanchez: Second. Chairman Winton: A motion and second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 02-1329 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE 3D1 MEDIA INC., FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF SIGNS FOR INDOOR PUBLIC SERVICE ANNOUNCEMENTS ("PSAs) FOR THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTER FOR DISEASE CONTROL AND PREVENTION, SUCH SIGNS TO BE INSTALLED IN EIGHT CITY PARKS FOR A PERIOD OF SIX MONTHS, AND FOR WHICH THE CITY WILL RECEIVE $300 FOR EACH PSA LOCATION. 250 December 12, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 62. DIRECT MANAGER TO REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED CODESIGNATION OF TWO BLOCKS OF N.E. 18TH STREET FROM BISCAYNE BOULEVARD TO N.E. 2ND AVENUE, AS "CITY CEMETERY DRIVE." Chairman Winton: Next item. Commissioner Regalado: Next item is I would like to request from the Manager to schedule at the City's next Street Codesignation Committee meeting a consideration of the following: the codesignation of two blocks of Northeast 18th Street from Biscayne Boulevard to Northeast 2" d Avenue as City Cemetery Drive. As you know, the Parks Department operates the Miami City Cemetery and the people are part of the board are insisting that we name that short street as City Cemetery Drive. That's my motion. Vice Chairman Teele: Second the motion. Chairman Winton: Motion and second, discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. 251 December 12, 2002 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 02-1330 A MOTION DIRECTING THE CITY MANAGER TO REFER TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED CODESIGNATION OF TWO BLOCKS OF N.E. 18TH STREET FROM BISCAYNE BOULEVARD TO N.E. 2ND AVENUE, AS "CITY CEMETERY DRIVE." Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 63. ACCEPT DONATION FROM BAY OF PIGS VETERAN ASSOC., $8,000, TO ENHANCE MONUMENT ON S.W. 8TH STREET AND 13TH AVENUE; WAIVE BUILDING PERMIT FEES, $400. Chairman Winton: Next item, please. Commissioner Regalado: OK, the next item is to approve or to accept a donation from the Bay of Pigs Veterans Association. Donation in the amount of $8,000 to enhance the monument that is already in place on Southwest 8th Street and 13th Avenue, also the City will accept this donation that will enhance this monument on the City road and we'll waive the building permit fees, which is around $400. That would be my motion. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Winton: Got 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. 252 December 12, 2002 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 02-1331 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION, IN THE AMOUNT OF $8,000, FROM THE BAY OF PIGS VETERAN ASSOCIATION, TO ENHANCE THE MONUMENT LOCATED AT SOUTHWEST 8TH STREET AND 13TH AVENUE, MIAMI, FLORIDA. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 64. AUTHORIZE MANAGER TO PROVIDE TECHNICAL ASSISTANCE AND SUPPORT, $6,000 TO WORK CLOSELY WITH MIAMI-DADE COUNTY TO PROVIDE LIGHTING ON N.E. 2ND AVENUE BETWEEN 59TH AND 62ND STREETS, IN SUPPORT OF RITMIKREYOL CULTURAL FRIDAYS EVENT. Chairman Winton: Next item, please, Commissioner Regalado. Commissioner Regalado: I think -- no Mr. Chairman, that's it. Chairman Winton: OK, Commissioner Teele. Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Chairman, this is a resolution of the City Commission authorizing the City Manager to provide technical assistance in support not to exceed $6,000 to work closely with Miami Dade County to provide lighting on Northeast 2" d Avenue between 59th Street and 60th Street. In support of the Ritmikreyol, what's that Friday's event, Cultural Friday's Event as requested by the Board. So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Further discussion? Being none, all in favor, aye. 253 December 12, 2002 Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: And on the lighting what we're trying to get the Public Works people to do is where's the Pubic Works Director? Public works, what we're trying to get you all to do on that item is to work with the Miami Dade County Water and Sewer Department. They've got lighting that they can loan to the City you know, if you all make the proper request that's on the - - the next item is a resolution. Chairman Winton: Wait, wait, wait we didn't vote. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. Yes, sir. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1332 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE Ritmikreyol Cultural Fridays event; authorizing the WAIVER OF WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW FOR TECHNICAL SUPPORT AND IN-KIND SERVICES, IN AN AMOUNT not to exceed $6,000; ALLOCATING FUNDS FROM A SOURCE TO BE IDENTIFIED BY THE City Manager; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; AND DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF MUNICIPAL SERVICES TO REQUEST THAT Miami -Dade County provide lightS AND APPROPRIATE LIGHTING on NORTHEAST 2nd Avenue between 59th and 62nd Streets, MIAMI, FLORIDA, FOR THIS EVENT. 254 December 12, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 65. APPROVE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT, BENCHES, PICNIC TABLES, BLEACHERS, SHADE STRUCTURES AND FITNESS EQUIPMENT AT MOORE PARK, FROM HUNTER KNEPSHIELD COMPANY, TOTAL $120,000; UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 4907 -02/03 -OTR -SW ALLOCATE FUNDS FROM NEIGHBORHOOD PARK IMPROVEMENT CATEGORY OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. Vice Chairman Teele: The next resolution is a resolution of the City Commission approving the purchasing and installation of playground equipment benches, picnic tables, bleachers, shade structures, fitness equipment at Moore Park from the Hunter Knepsheild Company in the amount of $112,100 with an additional contingency of $7900 not to exceed $120,000. Utilizing Miami Dade contract allocating in the amount of 120 from the neighborhood park improvement category of the homeland defense previously appropriated. So move. Commissioner Sanchez: Here, here. Vice Chairman Teele: So move. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Just for my clarification, this money has already been appropriated? Vice Chairman Teele: Yes. Chairman Winton: So, and what are we doing now then? Vice Chairman Teele: We're authorizing the Manager to piggyback off of a County contract -- Chairman Winton: Oh, to use it? 255 December 12, 2002 Vice Chairman Teele: -- that everything that they're looking for and again I think that County -- Chairman Winton: I understand. Vice Chairman Teele: -- the City staff is doing a great job in looking for ways to expedite proj ects. Chairman Winton: I understand. Got a motion and a second. Any further discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1333 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT, BENCHES, PICNIC TABLES, BLEACHERS, SHADE STRUCTURES AND FITNESS EQUIPMENT AT MOORE PARK, FROM THE HUNTER KNEPSHIELD COMPANY, IN THE AMOUNT OF $112,100 WITH AN ADDITIONAL CONTINGENCY OF $7,900 FOR A TOTAL AMOUNT NOT TO EXCEED $120,000; UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 4907 -02/03 -OTR -SW ALLOCATING FUNDS IN THE AMOUNT OF $120,000 THEREFOR FROM THE NEIGHBORHOOD PARK IMPROVEMENT CATEGORY OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. 256 December 12, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 66. AUTHORIZE MANAGER TO EXECUTE INTERLOCAL AGREEMENT BETWEEN CITY AND MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST. Vice Chairman Teele: Mr. Chairman, this is a resolution of the Commission authorizing the City Manager to execute an interlocal agreement between the City of Miami and the Model City Community Revitalization District Trust in the substantial form as detailed in exhibit A and this is the agreement coming over from the trust. Now, if the Manager doesn't want to execute it if he got questions, he can bring it back here, et cetera, so this doesn't mandate you to direct -- it authorizes you to do it, if you so choose. Chairman Winton: OK, we have a motion. We need a second. Commissioner Sanchez: Second. Chairman Winton: We've got a motion and a second. Any further discussion? All in favor, say aye. 11 The Commission (Collectively): Aye. Chairman Winton: Opposed, like sign. Motion carries. 257 December 12, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-1334 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST, TO ALLOW FOR EFFICIENT AND EXPEDITIOUS IMPLEMENTATION OF THE GOALS AND DUTIES OF THE TRUST. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 67. ESTABLISH CERTAIN PERFORMANCE STANDARDS FOR GRANTEES OF CITY GRANTS, PROVIDE CONTRIBUTIONS FOR CAPITAL IMPROVEMENT PROJECTS OF GRANTEES. Vice Chairman Teele: The next item, Mr. Chairman, is item number C under District 5 item and this is general legislation again in keeping with the authorization and this is a resolution authorizing the City Commission establishing certain performance standards for grantees of the City, providing capital contributions for improvement, and what this says, and I just want to read this, "We find it in the best interest to award grants for capital projects to eligible projects to benefit the eligible not for profit grantee such as the Miami Art Museum, the Miami Museum of Science, to retired Black Police Officers among others" and it says that these grants can provide good public purposes. The greenway would be another example, but what the business is, it allows for the Manager to establish performance standards which must be complied with in each grant and that the standards should be prescribed in the documents that are approved by the City Commission and the performance standards may be specific as to each grant and at a minimum would oblige every grantee of a capital improvement project to report to the City affirmative when the compliance meets the City funds and it goes on. The purpose of this is again to use the not-for-profit organizations such as the greenway people that we were just talking about or historic societies, the Black Police Officers, as eligible recipients so that everything isn't being done by the CIP (Capital Improvement Projects), but at the same time, it allows for the CIP to 258 December 12, 2002 keep control over it by the grant -- by writing the grant requirements through the CIP process through the Manager's office. I would so move. Chairman Winton: Got a motion, need a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 02-1335 A RESOLUTION ESTABLISHING CERTAIN PERFORMANCE STANDARDS FOR GRANTEES OF CITY OF MIAMI GRANTS, PROVIDING CONTRIBUTIONS FOR CAPITAL IMPROVEMENT PROJECTS OF GRANTEES. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 68. DEFER PROPOSED ESTABLISHING AND AUTHORIZING CERTAIN ALLOWABLE LAND ACQUISITION AND ADMINISTRATIVE CHARGES FOR CAPITAL IMPROVEMENT PROJECTS OF CITY. Vice Chairman Teele: Mr. Chairman, this is something that I would like to read into the record and then defer, and it's a resolution and I've sat down with the Manager, the Assistant Manager for Finance, the Capital Improvement Team, the Budget People and I just want to make sure that while this Manager's here we get enough on the record so that we don't start all over on this capital improvement program, because there is going to be an issue that I don't think anybody's really put on the table very clearly and very loudly, and that is this. We need to establish some 259 December 12, 2002 criteria and guidelines for administrative costs on this program before we really start, so that we all are saying the same thing. These numbers have come from the Manager's office. These are not my numbers, but I don't want to adopt it tonight. I want to put it on the table and if anybody's got questions to ask the Manager, but what it says is this, these categories $240,000 are inclusive $240,000,000 what's the number 240 or 255? Carlos Gimenez (City Manager): 255. Vice Chairman Teele: The 255 is an inclusive number including the administrative costs, and so these are not hard dollar cost. These are inclusive costs. OK, so the preliminary engineering, the design, the architecture all of those are a part of the cost and it's never been spelled out. What I'm trying to do and I think the Manager has been 100 percent supportive in establishing a ground -- a benchmark here that we're saying that land acquisition cost should not exceed four percent of the total land project cost. That may be very low given the way some of the numbers have come back in terms of the way we tried to retain law firms and I don't want to get into that specifically. The design and construction management, actual cost shall not exceed 10 percent of the project appropriation and the design and construction management plus the architect engineer shall not exceed 15 percent of project administration in lieu of fee, so what we're saying here is that the Manager is being given standards by which we don't want this thing to become a bloated organization and we wind up in the end and say we don't have money for the various projects and the time to do that is now, not at the end of the process or the middle of the process while we're trying to staff up, so the Manager has been very helpful. This document has been drafted by the Manager's office and staff. Chairman Winton: Do we have a copy of that? Vice Chairman Teele: It was published as a unfortunately it's district item number D and again I really think it should go onto the main agenda and it specifically says the Manager is authorized to negotiate inter -local agreements in forms acceptable to the City Attorney with the DDA (Downtown Development Authority) with MSEA (Miami Sports and Exhibition Authority), with the Virginia Key Trust, the CRA (Community Redevelopment Authority), the Homeownership Zone Trust, and any other such entity, but the Manager's Capital Improvement Director will keep control of those projects in terms of the provisions in the inter -local agreement, and again the idea is not to try to put everything on CIP, but if there's a project that the DDA can do, let the DDA do it but it's got to be under the Manager's capital improvement program, so it's designed not to limit, it gives the CIP people more power and more tentacles to use other agencies, so you know, they could obviously come back and ask for it but what it also is is a message to MSEA, it's a message to the DDA, to the CRA, to Bayfront Trust, and to any other entity that if there are projects in the district in the area that you've got jurisdiction over, don't just sit back and wait, but you've got to perform to those same standards. In other words, we don't expect the project, if it goes to the CRA, to have a 30 percent cost and if it stays in house to have a 15. Chairman Winton: Good idea. Good idea. Vice Chairman Teele: So, what I'd like to do is just ask the Manager and the Capital Improvement Director if you could just put on the record that you're in support of this and you 260 December 12, 2002 think it will be helpful especially in terms of establishing a benchmark of what it is we're looking for from your organization. Janet Palecino (Director, Department of Capital Improvement Projects): Yes, Commissioner, I am in support of these guidelines or standard in the industry, and we talked about percentages. They are reasonable. It prohibits us from getting out of control. It also keeps control in terms of your soft costs. Chairman Winton: Perfect idea, so you're recommending also that they put this on the regular agenda, so that we have the attachments? Vice Chairman Teele: At the next meeting, with all the attachments and get everybody an opportunity to look at it on the regular agenda. I really don't want this. This is not a district item. Chairman Winton: Good idea. Vice Chairman Teele: But I just thought again -- Chairman Winton: Very good idea. 69. COMMENTS REGARDING REPORT ON BOND ISSUES AND UNDERWRITERS. Chairman Winton: Next item. Vice Chairman Teele: And the final item is that we requested of the Manager to give us an update on the bond issue. That item is there before us and there's only one item in process and this is $14,000,000 TIF (Tax Increment Finance) refunding, if I'm to read this correct. I wanted to make sure that as a result of somebody leaving the team that we had at least an orderly now on what happens after that. 70. AUTHORIZE MANAGER TO ENGAGE CONSULTANT TO REVIEW HEALTH CARE COSTS FOR CITY EMPLOYEES AND TO BRING BACK PROPOSED AGREEMENT FOR HIRING OF SAID CONSULTANT TO COMMISSION FOR RATIFICATION. Vice Chairman Teele: And then, finally Mr. Chairman, there were two or three items that relate directly to the Manager and one of the thing that I would like to put on the record, Mr. Manager, is that there was a discussion I know, right after Commissioner Gort left, and we had deferred it, and asked you all, the management, to work on it, a restructuring of the benefits schedule for the entire City staff, including the elected official. Did we kill it? Carlos A. Gimenez (City Manager): No sir, that's already done. If you want, I'll give you a report and give it to your office. Vice Chairman Teele: Well, what about in terms of -- I wanted to make sure that we -- you know. We also did a term limit on Commissioners would that accommodate it as well? 261 December 12, 2002 Commissioner Sanchez: On the Mayor too. Vice Chairman Teele: We did term limits on the Mayor and Commission and there was supposed to be some provisions made in that as it relates to benefits -- Commissioner Sanchez: Being vested? Seven years. Vice Chairman Teele: Seven years etc. Was that passed? Commissioner Sanchez: Yes, sir. Vice Chairman Teele: OK. Mr. Gimenez: Yes, sir, that's done. Vice Chairman Teele: I don't know where we going to be I just want to say this, I have -- I am thoroughly supportive, Mr. Manager, of you and what you're doing. I'm understanding from the Chairman that we're going to have an appropriate ceremony at the appropriate time, but I want again for you to know that I think the City staff has been extremely well served over the last 90 days in which you know most folks would have sort of packed and said I'm leaving and then they go play golf or go do whatever grown folk do, I guess, but you've been here everyday. You've been here on weekends and I must tell you fellows you are a true professional, and I really appreciate the opportunity to work with you and the way that you've protected the institution, and in that regard, my final item is the labor management council update which we were obliged to give but it did not get on the agenda, and Shorty, just so that the Commission is aware -- unfortunately, we have been meeting every two weeks - this was supposed to be a once a quarter thing -- with the union presidents and representatives, with the Manager, with the Manager's designated representative, as well as personnel and Human Resources, and there is a report which we'd like to pass out to everyone here. The Clerk and the Attorney have also been staffing everything, but there are some major issues that are coming around the corner and Shorty, why don't you go ahead and say what you think is important for everybody because we are trying to get out of here, but I do want to say one thing, because we are on this average of what, three years in our pension cost? Carlos A. Gimenez (City Manager): Yes sir, you have a three year averaging on pension cost and unfortunately we're on the third year of three -- Vice Chairman Teele: Three bad years. Mr. Gimenez: -- bad market years, yes. Vice Chairman Teele: So, the management hasn't done anything wrong, the staff hadn't done anything wrong, Wall Streets done something wrong and so, we've got some real hard issues that the staff and the Union have been perfect in trying to come up with cooperation and cooperative and innovative ways to work with us, so Shorty, would you just give a very brief overview. 262 December 12, 2002 William "Shorty" Bryson (Department of Fire Rescue): Yes sir. Shorty Bryson, Fire Chief, Department of Fire Rescue. Commissioners, since October the 31st there's been four meetings of the Labor Management Council. Commissioner Teele chairs the council. There's eight total members. We listed the council procedures, which are basically consensus type voting, trying to get alternate members to fill in so that one member the original can't make it their alternate fills in, that we agreed on some other things. We keep minutes through the Clerk's office, that are summary minutes and we have a representative from City Legal that attends and we meet approximately every two weeks. So far, the main issues that have been discussed are group health insurance, pension cost, workers compensation and safety programs. Three issues that Commissioner Teele brought up that he wants for future meetings, which is technology training citywide, part-time, and livable wages use and unions being part of the public debate, also fire service delivery by Ed Pitterman was brought up, Solid Waste issues. Part timers and temporarily employees will be addressed by Ms. Jones from HRD (Human Resources Department). In general, so far, in the first four meetings the major issues have been group health, which have gone to some lengthy discussions and had to get lots of information put in and realizing that a 75 day limit was something that could only be given as an interim report, the council agreed that we'd give you an interim report today with some summary of each issue that occurred, which is listed in the memo and we'd report back to you as often that you require, but the committee's ongoing, or the council, so if there are any questions, I'll be happy to answer, but trying to keep things quick, so that's all I got. Vice Chairman Teele: Well, are any questions of the Commissioners or concerns in this area? I do think that that Manager has expressed a concern or support for providing more training and technology to people that normally would not necessarily get it like people in our Parks Department, our Public Works and GSA (General Services Administration) and I think it's really important that we see this as one City, one family. Again, the biggest issue that we're going to be faced with are the issues related to pension cost and trying to get a better handle on health care cost. Now, wasn't here supposed to be a request of the Manager to hire a consultant? Mr. Bryson: Yes, sir. Mr. Gimenez: Yes, sir, there will be a request coming to hire a consultant to take a look at our health system, the way that we provide health care to all the employees, because frankly, we don't have the information. I don't think we have really the requite knowledge you know, in house right now to -- Vice Chairman Teele: We don't understand the numbers, the numbers just don't make sense. Mr. Gimenez: They don't make sense and we need to know whey these numbers are the way that they are because they're totally against everything that would be logical, so we need help. Vice Chairman Teele: Well, I would like to move then that the Manager be authorized to move forward with a consultant and report back to us for ratification. Commissioner Sanchez: Second. 263 December 12, 2002 Chairman Winton: We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 02-1336 A MOTION AUTHORIZING THE CITY MANAGER TO ENGAGE A CONSULTANT TO REVIEW HEALTH CARE COSTS FOR CITY OF MIAMI EMPLOYEES AND TO BRING BACK PROPOSED AGREEMENT FOR THE HIRING OF SAID CONSULTANT TO THE COMMISSION FOR RATIFICATION. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 71. URGE ARTS AND ENTERTAINMENT COUNCIL TO COORDINATE CELEBRATORY ACTIVITIES IN SOUTH FLORIDA TO COMMEMORATE BICENTENNIAL OF REPUBLIC OF HAITI AND COME BACK WITH REPORT DURING COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 13, 2003; AUTHORIZE MANAGER TO PROVIDE IN-KIND SUPPORT TO ANY ACTIVITIES IN JANUARY, $5,000 IN SUPPORT OF KICKING OFF SAID EVENT. Chairman Winton: Commissioner Teele. Vice Chairman Teele: The final item that I have is a request of the Mayor's -- of the City's Arts and Entertainment Commission that we've established. Is that the name of it? A request that the Arts and Entertainment Commission consider taking -- you all right? -- taking part and developing an aggressive program for the bicentennial of the Republic of Haiti activities that can be held in South Florida. As you know, the Haitian independence occurred one year ago, 1804, and all over the world, Haitians are celebrating, starting January 2 of this year, a one year 264 December 12, 2002 long celebration of Haitian independence, and I would move that the Mayor's Arts and Entertainment Council be requested to come back to us by the first meeting in February with a comprehensive program, and further authorize that the Manager provide in-kind support to any activities in the month of January, not to exceed $5,000, in support of kicking off the bicentennial of the Republic of Haiti. So move. Commissioner Regalado: Second. Chairman Winton: Have a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 02-1337 A MOTION URGING THE ARTS AND ENTERTAINMENT COUNCIL TO COORDINATE CELEBRATORY ACTIVITIES IN SOUTH FLORIDA TO COMMEMORATE THE BICENTENNIAL OF THE REPUBLIC OF HAITI AND TO COME BACK WITH A REPORT DURING THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 13, 2003; FURTHER AUTHORIZING THE CITY MANAGER TO PROVIDE IN-KIND SUPPORT TO ANY ACTIVITIES IN THE MONTH OF JANUARY IN AN AMOUNT NOT TO EXCEED $5,000 IN SUPPORT OF KICKING OFF SAID EVENT. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 265 December 12, 2002 72. AMEND RESOLUTION NO. 00-890 TO REFLECT LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS FOR ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT AND SOFTWARE AND RELATED INSTALLATION AND SERVICES FOR DEPARTMENT OF POLICE. Chairman Winton: OK, Commissioner Sanchez, you have something else to say? Commissioner Sanchez: Thank you, Mr. Chairman. I have a pocket item amending the resolution 00-892 which is to include an additional funding source. The background on this resolution is that it's necessary to amend the resolution number 00-890 adopted on October the 12th 2002 to reflect that Law Enforcement Trust Fund as a funding source in order for the department of police to be able to procure telecommunication equipment software related installation and services. It is my understanding that this is for the new internal affairs office and I can read the resolution into the record. It's a resolution City of Miami Commission amending resolution number 00-894, adopted October 12, 2002, to reflect the Law Enforcement Trust Fund project number 690001, 690002 and 690003 as an additional funding source, such expenditure having been approved by the Chief of Police as complying with section 932.7055 Florida Statute 2001 in the U. S. Department of Justice and Treasury's Guide to Equitable Sharing. So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and second. Any further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1338 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-890, ADOPTED OCTOBER 12, 2000, TO REFLECT THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND 690003, FOR THE ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT AND SOFTWARE AND RELATED INSTALLATION AND SERVICES FOR THE DEPARTMENT OF POLICE, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7005, FLORIDA STATUTES (2001) AND THE U.S. DEPARTMENT OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING." 266 December 12, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 73. AUTHORIZE WAIVER OF ALL ADMINISTRATIVE AND PERMIT FEES PERMISSIBLE BY CITY CODE AND IN-KIND SERVICES BY DEPARTMENT OF POLICE AND FIRE -RESCUE, $25,000 FOR MIAMI TROPICAL MARATHON SCHEDULED TO TAKE PLACE AT BAYFRONT PARK ON SUNDAY, FEBRUARY 2, 2003, SAID AUTHORIZATIONS CONDITIONED UPON ORGANIZERS. Chairman Winton: I guess it's my turn. My turn so, Vice Chairman Teele. Vice Chairman Teele: Yes sir. Chairman Winton: Would you like to chair while I -- Vice Chairman Teele: Thank you, Mr. Chairman. Yes, sir, you are recognized. Chairman Winton: Thank you. I have a Mayor's item, A. Javier, would you like to hit on that real quick? Javier Fernandez (Mayor's Office): Good evening. Thank you, sir. Just briefly, we have a discussion item on our blue page. Before you, you should have a copy of the resolution, which would authorize support for the Miami Tropical Marathon. Joining me is Franky Reeves with PR Racing, which will be putting on the Miami Tropical Marathon this February 2, 2003. The resolution before you authorizes in-kind support for police and fire services for the event in an amount not to exceed $25,000. If you have any questions about the event Mr. Reeves can take them at this time. Chairman Winton: So move. Vice Chairman Teele: Second -- moved -- is there a second? Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 267 December 12, 2002 The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1339 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING TO THE MIAMI TROPICAL MARATHON SCHEDULED TO TAKE PLACE AT BAYFRONT PARK ON SUNDAY, FEBRUARY 2, 2003; AUTHORIZING THE WAIVER OF ALL ADMINISTRATIVE AND PERMIT FEES PERMISSIBLE BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENT OF POLICE AND FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $25,000, SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL 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; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; FURTHER AUTHORIZING AND DIRECTING THE ALLOCATION OF FUNDS FROM THE SPECIAL EVENTS AND THE TRANSFER OF SAID FUNDS TO THE BAYFRONT PARK MANAGEMENT TRUST. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 74. AUTHORIZE MANAGER TO KEEP LAPTOP COMPUTER USED WHILE IN POSITION OF CITY MANAGER, $1.00. Chairman Winton: Next item is a resolution of the Miami City Commission authorizing the City Manager to keep the laptop computer used while in the position of City Manager. It's about a year old in an amount not to exceed a dollar authorizing the City Manager to execute the necessary documents required to keep the computer or to purchase the computer for a dollar actually. So moved. 268 December 12, 2002 Commissioner Gonzalez: Second. Vice Chairman Teele: Motion declaring the property as surplus property and establishing the value of one dollar. Is there objection? All those in favor say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, "no." The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1340 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO KEEP THE LAPTOP COMPUTER USED WHILE IN THE POSITION OF CITY MANAGER, IN AN AMOUNT NOT TO EXCEED $1.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS REQUIRED TO KEEP THE COMPUTER. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 75. ACCEPT BIDS OF BEST MAINTENANCE AND JANITORIAL SERVICES, INC. AND HOPE CENTER, INC., FOR DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER (MRC) DIVISION, FOR PROVISION OF CUSTODIAL SERVICES FOR CITY HALL AND MIAMI RIVERSIDE CENTER AND PARKING GARAGE, TOTAL OF $561,583.44; ALLOCATE FUNDS FROM DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER DIVISION AND FROM PROPERTY MAINTENANCE DIVISION. (See #6) Chairman Winton: CA -6, I'd like to bring back and move. Vice Chairman Teele: Move by Commissioner Winton CA -6 from the consent agenda is there a second? 269 December 12, 2002 Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1341 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF BEST MAINTENANCE AND JANITORIAL SERVICES, INC. AND HOPE CENTER, INC., FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MIAMI RIVERSIDE CENTER (MRC) DIVISION, FOR THE PROVISION OF CUSTODIAL SERVICES FOR THE MIAMI CITY HALL BUILDING AND THE MIAMI RIVERSIDE CENTER AND PARKING GARAGE, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $179,994.48, PLUS AN ANNUAL CONTINGENCY RESERVE IN THE AMOUNT NOT TO EXCEED $7,200 FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $187,194.48, FOR A TOAL CONTRACT VALUE OF $561,583.44; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MIAMI RIVERSIDE CENTER DIVISION, ACCOUNT CODE NO. 504000.421901.6.340 AND FROM THE PROPERTY MAINTENANCE DIVISION, ACCOUNT CODE NO. 504000.420119.6.340. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 270 December 12, 2002 76. AUTHORIZE WAIVER OF FEES FOR STREET CLOSURES and SERVICES BY DEPARTMENT OF POLICE, $1,000, AND USE OF SHOWMOBILE FOR 1190 CLASSICAL AM RADIO STATION'S CELEBRATION OF BEETHOVEN'S BIRTHDAY SCHEDULED FOR DECEMBER 15, 2002; SAID AUTHORIZATIONS CONDITIONED UPON ORGANIZERS. (See #6) Chairman Winton: What is this? Commissioner Sanchez: Beethoven. Chairman Winton: Beethoven, so this is Beethoven's birthday celebration. This is same thing, waiver of fees in an amount not to exceed $1000 is that what it is? So move. Vice Chairman Teele: Is there a second? By Commissioner Regalado. Is there objection? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed say, "no." Item adopted. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1342 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING TO THE 1190 CLASSICAL AM RADIO STATION'S CELEBRATION OF BEETHOVEN'S BIRTHDAY SCHEDULED FOR DECEMBER 15, 2002; AUTHORIZING THE WAIVER OF FEES FOR STREET CLOSURES, THE PROVISION OF SERVICES BY THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $1,000, AND USE OF THE SHOWMOBILE; SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL 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; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; FURTHER AUTHORIZING THE ALLOCATION OF FUNDS FROM SPECIAL EVENTS ACCOUNT. 271 December 12, 2002 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 77. ACCEPT BIDS OF ALTEC INDUSTRIES, INC. FOR PURCHASE OF TWO ALTEC AERIAL BUCKET TRUCKS, $176,848, NORTRAX EQUIPMENT FOR PURCHASE OF ONE JOHN DEERE BACKHOE LOADER, $58,975, AND JOE BLAIR GARDEN SUPPLY, FOR PURCHASE OF ONE TORO RIDING MOWER, $6,330; ALLOCATE FUNDS FROM DEPARTMENT OF PARKS AND RECREATION VEHICLE ACQUISITION ACCOUNT. Chairman Winton: Oh, is this CA -5? OK, CA -5 I also deferred. I got a schedule of the equipment and I'm moving CA -5. Vice Chairman Teele: Is there a second? Commissioner Regalado: Second. Vice Chairman Teele: Is there objection? All in favor say, "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed have he same right. Item unanimously adopted. 272 December 12, 2002 The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1343 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF ALTEC INDUSTRIES, INC., FOR THE PURCHASE OF TWO ALTEC AERIAL BUCKET TRUCKS, IN AN AMOUNT NOT TO EXCEED $176,848, NORTRAX EQUIPMENT, INC., FOR THE PURCHASE OF ONE JOHN DEERE BACKHOE LOADER, IN AN AMOUNT NOT TO EXCEED $58,975, AND JOE BLAIR GARDEN SUPPLY, FOR THE PURCHASE OF ONE TORO RIDING MOWER, IN AN AMOUNT NOT TO EXCEED $6,330, FOR A TOTAL CONTRACT VALUE OF $242,153; ALLOCATING FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION VEHICLE ACQUISITION ACCOUNT CODE NO. 331368.589301.6.840. Upon being seconded by Chairman Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 78. DEFER CONSIDERATION OF ISSUES RELATED TO REGIONAL TRANSPORTATION TO COMMISSION CURRENTLY SCHEDULED FOR JANUARY 9, 2003. Chairman Winton: This one Clarke, this one's a little more complex but it's a very, very important issue and this is the discussion. Clark, do we need to do this at this meeting on the RTA this resolution? Clark Turner: No, sir, you don't have to. Chairman Winton: Is it time sensitive? Mr. Turner: It's not time sensitive. Chairman Winton: See, I'd rather not fly through this. This is an important issue about regional transportation and I'd rather move this to the next meeting if you all don't mind. 273 December 12, 2002 Vice Chairman Teele: Motion to defer it. It's seconded by Commissioner Regalado. Is there objection? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. Item's unanimously adopted. The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 02-1344 A MOTION TO DEFER CONSIDERATION OF ISSUES RELATED TO REGIONAL TRANSPORTATION TO THE COMMISSION CURRENTLY SCHEDULED FOR JANUARY 9, 2003. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: And do I have anything else? OK. I -- 79. PULL PROPOSED ORDINANCE ON FIRST READING TO AMEND CITY CODE RELATED TO MOTOR VEHICLES AND TRAFFIC/PARKING RATES. Carlos A. Gimenez (City Manager): Mr. Chairman, I have some items. Chairman Winton: Oh, Mr. Manager. Mr. Gimenez: The first thing I'd like is, at the request of Department of Off-street Parking. They'd like to pull item 23, so it doesn't come back to the next agenda. Chairman Winton: So move. Vice Chairman Teele: Is there a second? Moved and second. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. 274 December 12, 2002 Vice Chairman Teele: All opposed? I yield back to you, Mr. Chairman. The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 02-1345 A MOTION TO PULL FROM TODAY'S AGENDA PROPOSED ORDINANCE ON FIRST READING TO AMEND CITY CODE RELATED TO MOTOR VEHICLES AND TRAFFIC/PARKING RATES. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Winton: OK, I got carried away with just moving. I'm use to moving. 80. EMERGENCY ORDINANCE: AMEND SECTIONS 13-2 AND 13-6 OF CITY CODE CONCERNING DEVELOPMENT IMPACT FEES BY MODIFYING RANGE AND PERCENTAGE NUMBER OF UNITS REQUIRED FOR LIMITED EXEMPTION ALLOWED FOR CERTAIN RESIDENTIAL PROJECTS IN DOWNTOWN. Chairman Winton: Yes, Mr. Manager. Carlos A. Gimenez (City Manager): My second item is an emergency ordinance amending the impact fee regulations downtown residential exemption. This changes some of the values, allows properties -- additional properties to be eligible for this impact fee waiver ordinance. It's basically the first three projects that fall into this category. Unidentified Speaker: Correct. Mr. Gimenez: And the ordinance reads. An emergency ordinance of the Miami -- Chairman Winton: We need a motion. Vice Chairman Teele: So move, Mr. Chairman. 275 December 12, 2002 Commissioner Regalado: Second. Vice Chairman Winton: Got a motion and a second. Read the ordinance, please, and it's an emergency ordinance. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPME T IMPACT FEES, IN GENERAL," TO MODIFY THE RANGE AND PERCENTAGE NUMBER OF UNITS REQUIRED FOR THE LIMITED EXEMPTION PERMITTED FOR CERTAIN RESIDENTIAL PROJECTS IN THE DOWNTOWN AREA; MORE PARTICULARLY BY AMENDING SECTIONS 13-2 AND 13-6 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele and seconded by Commissioner Regalado, 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 Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None. Whereupon the Commission on motion of Vice Chairman Teele and seconded by Commissioner Regalado, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12311. 276 December 12, 2002 The ordinance was read by title into the public record by the City Attorney. Pricilla A. Thompson (City Clerk): The emergency ordinance is adopted, 5/0. 81. DIRECT MANAGER TO BRING BACK AMENDMENT TO AGREEMENT WITH SHAKE -A -LEG TO PROVIDE FOR REALLOCATION OF $400,000 OF SAFE NEIGHBORHOOD PARK BONDS TO SHAKE -A -LEG TO COVER COST OF ADDITIONAL BUILDING IMPROVEMENTS FOR THEIR NEW BUILDING; DIRECT MANAGER TO BRING AGREEMENT WITH MIAMI PARKING AUTHORITY TO CONSTRUCT NEW PARKING LOT AND BAY WALK AT 2600 SOUTH BAYSHORE DRIVE. Chairman Winton: Commissioner Sanchez. Could you please go to the microphone we can't hear you. Carlos A. Gimenez (City Manager): The final thing is a series of three motions that I'm requesting. A little background information this is for the Verrick Gym project. We want to proceed with the construction of the parking lot and the bay walk and also we want to consider giving us a motion to direct $400,000 of the safe neighborhoods parks bond money that was totally allocated to the total wide project, which we just received a letter which said they're not going to fulfill that project, to go to the Shake -a -Leg and these are just motions directing me to bring back the appropriate legislation to make this thing happen, and Laurie will put those motions on the record. Chairman Winton: Need a motion on -- Commissioner Gonzalez: Move. Chairman Winton: --got a motion need a second, need a second. Teele. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Further discussion? Mr. Gimenez: She's going to put the motions on the record. Chairman Winton: Yes. Laurie Billberry (Director, Office of Asset Management): OK. The first motion is directing the City Manager to bring back an amendment to the agreement with Shake -a -Leg to provide for the reallocation 400,000 in safe neighborhood park bonds to Shake -a -Leg to cover the cost of additional building improvements for their new building. The second motion is -- 277 December 12, 2002 Chairman Winton: Wait, wait, wait. OK. Do we need to do three motions? Can we do all three at once? Ms. Billberry: We can do -- Chairman Winton: Can we do three in one? Unidentified Speaker: (INAUDIBLE COMMENT) Chairman Winton: OK, three in one. Ms. Billberry: The second part is to negotiate and bring back an agreement with Miami Parking Authority for them to construct on behalf of the City a new parking lot and bay walk of the City owned property at 2600 South Bayshore Drive and the third part of it is directing the Manager to negotiate and bring back an agreement with the Miami Parking Authority to manage and operate the parking lot on that same property. Chairman Winton: Need a motion on all three. Commissioner Teele, need a second. Vice Chairman Teele: Second. Chairman Winton: Got a motion, second, further discussion, Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO 02-1346 A MOTION DIRECTING THE CITY MANAGER TO BRING BACK AN AMENDMENT TO THE AGREEMENT WITH SHAKE -A -LEG TO PROVIDE FOR THE REALLOCATION OF $400,000 OF SAFE NEIGHBORHOOD PARK BONDS TO SHAKE -A -LEG TO COVER THE COST OF ADDITIONAL BUILDING IMPROVEMENTS FOR THEIR NEW BUILDING; FURTHER DIRECTING THE MANAGER TO NEGOTIATE AND BRING BACK AN AGREEMENT WITH THE MIAMI PARKING AUTHORITY FOR THEM TO CONSTRUCT ON BEHALF OF THE CITY A NEW PARKING LOT AND BAY WALK AT THE CITY -OWNED PROPERTY AT 2600 SOUTH BAYSHORE DRIVE; AND FURTHER DIRECTING THE MANAGER TO NEGOTIATE AND BRING BACK AN AGREEMENT WITH THE MIAMI PARKING AUTHORITY TO MANAGE AND OPERATE THE PARKING LOT ON THAT SAME PROPERTY. 278 December 12, 2002 Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Winton: Anything else from anybody? Motion to adjourn. We're adjourned. Thank you all very much. Good night. 82. PROCLAMATION FROM MAYOR AND COMMISSION TO CITY MANAGER CARLOS GIMENEZ TO BE PRESENTED IN NEW CHAMBERS OF CITY HALL. Commissioner Regalado: Before we do that, we have a proclamation -- Chairman Winton: Right. Commissioner Regalado: -- that the Mayor and all the members of the Commission will be signing for the City Manager and hopefully we will do this in the new chamber of the City Hall in a few days. Carlos Gimenez (City Manager): Thank you, sir. Chairman Winton: Carlos, thank you very much. (APPLAUSE) Commissioner Teele: You always wanted to do this. Chairman Winton: What do I do with this thing? OK. We have one. Can I get two, two dollars for the computer? Do I hear three? Do I hear three? 83. MARGARET PACE PARK GRAND OPENING RESCHEDULED FOR JANUARY 16, 2003. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. 279 December 12, 2002 Vice Chairman Teele grand opening has Commissioners -- The meeting is over, but I've just been informed that the Margaret Pace been postponed to January 16 at the request of the Mayor's and Chairman Winton: Right. Vice Chairman Teele: -- so, we need to get that word out. Chairman Winton: Yeah. Vice Chairman Teele: That's Margaret Pace Park. Chairman Winton: Right. Opening the (UNINTELLIGIBLE). Vice Chairman Teele: At the request of the Mayor, January 16tH Commissioner Regalado: What day is that? Vice Chairman Teele: I hope so, January 16tH 280 December 12, 2002 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:43 P.M. ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK MANUEL A. DIAZ MAYOR 281 December 12, 2002