HomeMy WebLinkAboutCC 2001-02-08 MinutesCITY OF MIAMI
CRAP IRA
IS
0 vi -,07
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON FEBRUARY 8, 2001
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
1.
INDEX
MINUTES OF COMMISSION MEETING
FEBRUARY 8, 2001
CONSENT AGENDA
SUBJECT
LEGISLATION
2/8/01
DISCUSSION
2
1.1 ACCEPT BID OF ATLANTIC CIVIL, INC. FOR 2/8/01
PROJECT ENTITLED "WATSON ISLAND ACCESS R-01-99
ROADS EXTENSION PROJECT, B-4628;" TOTAL 3
ESTIMATED COST OF $470,043.23.
1.2 ACCEPT BID OF ADVANCED MICRO SERVICES
2/8/01
FOR ACQUISITION OF DIGITAL CAMERAS WITH
R-01-100
ACCESSORIES PLUS ON-SITE TRAINING, FOR
3
DEPARTMENT OF POLICE, $24,000; ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
1.3 ACCEPT BID OF SUPER SEER CORPORATION FOR
2/8/01
PROCUREMENT OF RIOT/CORRECTIONAL
R-01-101
HELMETS WITH FACE SHIELDS AND
4
REPLACEMENT PARTS FOR DEPARTMENT OF
POLICE, $47,467.50; ALLOCATE FUNDS FROM
POLICE GENERAL OPERATING BUDGET.
1.4 ACCEPT BID OF BLUE WATER AQUATICS, INC.
2/8/01
FOR AQUATIC VEGETATION TREATMENT OF
R-01-102
BLUE LAGOON LAKE, $38,500, FUNDS FOR
PAYMENT TO BE PROVIDED BY GRANT
AWARDED TO CITY FROM FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION.
1.5 ACCEPT BID OF IDEAL OFFICE PRODUCTS, INC.
FOR PROCUREMENT OF OFFICE SUPPLIES FOR
DEPARTMENT OF PURCHASING, TO BE USED BY
VARIOUS CITY DEPARTMENTS; ALLOCATE
FUNDS FROM OPERATING BUDGETS OF VARIOUS
USER DEPARTMENTS.
1.6 ACCEPT BIDS OF MIAMI BUSINESS TELEPHONE,
PRIMARY VENDOR AND QUALITY WIRING, INC.,
SECONDARY VENDOR, FOR ACQUISITION OF
TELECOMMUNICATIONS WRUNG SERVICES FOR
DEPARTMENT OF INFORMATION TECHNOLOGY
FOR USE CITYWIDE, $400,000; ALLOCATE FUNDS
FROM OPERATING BUDGETS OR CAPITAL
IMPROVEMENT PROJECTS OF VARIOUS USER
DEPARTMENTS.
1.7 AUTHORIZE MANAGER TO EXECUTE
INTERGOVERNMENTAL AUTOMOBILE USE
AGREEMENT WITH FEDERAL BUREAU OF
INVESTIGATION (FBI) FOR USE OF VEHICLES
OWNED OR LEASED BY FBI FOR CERTAIN CITY
DEPARTMENT OF POLICE TASK FORCE
OPERATIONS.
1.8 AUTHORIZE INCREASE IN CONTRACT WITH
CRYSTAL SPRINGS WATER COMPANY FOR
PROCUREMENT OF DRINKING WATER AND
SUPPLIES FOR DEPARTMENT OF PURCHASING
FOR USE BY VARIOUS CITY DEPARTMENTS
FROM $35,000 TO $75,000 ANNUALLY; ALLOCATE
FUNDS FROM EACH OPERATING BUDGETS OF
VARIOUS USER DEPARTMENTS.
1.9 APPROVE PROCUREMENT OF THIRTEEN
HUNDRED YEAR 2001 FLORIDA LAW
ENFORCEMENT HANDBOOKS, CITY OF MIAMI
EDITION, FOR DEPARTMENT OF POLICE FROM
MIAMI-DADE POLICE DEPARTMENT, $13,780;
ALLOCATE FUNDS FROM POLICE DEPARTMENT
GENERAL OPERATING BUDGET.
2/8/01
R-01-103
5
2/8/01
R-01-104
5
2/8/01
R-01-105
6
2/8/01
R-01-106
6
2/8/01
R-01-107
7
1.10 AUTHORIZE INCREASE IN CONTRACT WITH FLIR
SYSTEMS, INC., SOLE SOURCE PROVIDER, FOR
PROCUREMENT OF SIX FIREFLIRTM THERMAL
IMAGING SYSTEMS WITH RADIOMETRY OPTION
FOR DEPARTMENT OF FIRE -RESCUE, FROM
$192,000 TO $292,200; ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROJECT.
1.11 AUTHORIZE SOLICITATION OF REQUESTS FOR
QUALIFICATIONS ("RFQS") FOR PURPOSES OF
ESTABLISHING PRE -APPROVED LIST OF
PROFESSIONAL TOWN PLANNERS AND URBAN
DESIGNERS TO BE ENGAGED FOR PLANNING
AND ZONING CATEGORY B DESIGNATED
PROJECTS FOR 2001 THROUGH 2003; APPOINT
CERTIFICATION COMMITTEE OF NO LESS THAN
THREE INDIVIDUALS TO ASSESS SUBMITTED
RFQS; APPOINT INDIVIDUAL AS CHAIRPERSON
OF COMPETITIVE SELECTION COMMITTEE; AND
AUTHORIZE MANAGER TO APPOINT SIX -
MEMBER COMPETITIVE SELECTION COMMITTEE
TO EVALUATE AND RANK IN ORDER, QUALIFIED
CANDIDATES AND TO PRESENT ITS
RECOMMENDATIONS TO COMMISSION FOR
FINAL REVIEW AND CONSIDERATION.
1.12 AUTHORIZE MANAGER TO ACCEPT GRANT FROM
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, $50,000, FOR PREPARATION OF URBAN
INFILL AND REDEVELOPMENT PLAN FOR MIAMI
RIVER CORRIDOR IN PARTNERSHIP WITH MIAMI-
DADE COUNTY AND MIAMI RIVER COMMISSION.
1.13 APPROVE AND CONFIRM MANAGER'S
ACCEPTANCE OF DONATION OF FOOD FROM
MCDONALD'S CORPORATION, $600, AND 570
TOYS FOR NEEDY CHILDREN FROM PAWA
COMPLEX INTERNATIONAL, INC., WITH
ESTIMATED VALUE OF $1,876, TO DEPARTMENT
OF PARKS AND RECREATION, FOR ANNUAL
"SNOW IN THE SUNSHINE" EVENT HELD ON
DECEMBER 16, 2000 AT ORANGE BOWL STADIUM.
2/8/01
R-01-108
7
2/8/01
R-01-109
8
2/8/01
R-01-110
9
2/8/01
R-01-111
9
1.14 APPROVE MANAGER'S RECOMMENDATION FOR 2/8/01
SELECTION OF FIRM OF ERNST AND YOUNG, LLP R-01-112
(ERNST) TO PROVIDE CONSULTING SERVICES 10-11
FOR ANALYSIS OF READINESS OF CITY TO
IMPLEMENT GOVERNMENT ACCOUNTING
STANDARDS BOARD STATEMENT NO. 34 FOR
FINANCE DEPARTMENT, $25,000 PLUS EXPENSES;
ALLOCATE FUNDS FROM DEPARTMENT OF
FINANCE GENERAL OPERATING BUDGET.
2. INTRODUCTION OF SOUTHWEST GROVE NET 2/8/01
ADMINISTRATOR HOMER WHITTAKER BY DISCUSSION
DENNIS WHEELER, NET DIRECTOR. 12-14
3. AUTHORIZE MANAGER TO SELL 135,000 CUBIC 2/8/01
YARDS OF AVAILABLE FILL MATERIAL STORED R-01-113
AT VIRGINIA KEY DISPOSAL SITE TO PARROT 15-19
JUNGLE AND GARDENS OF WATSON ISLAND,
INC. AND PJG WATSON, L.L.C., $1.00 PER CUBIC
YARD, FOR USE AT PARROT JUNGLE AND
GARDENS PROJECT SITE ON WATSON ISLAND.
4. ADMINISTRATION TO REPORT BACK TO 2/8/01
COMMISSION BY NEXT REGULARLY SCHEDULED DISCUSSION
COMMISSION MEETING ON STATUS OF AUDIT OF 20
PARKING SURCHARGE.
5. TABLED: DISCUSSION CONCERNING 2/8/01
CONFIRMATION OF MR. JIM JENKINS, EXECUTIVE TABLED
DIRECTOR OF MIAMI SPORTS AND EXHIBITION 21
AUTHORITY (MSEA) (See #12).
6. DISCUSSION CONCERNING ISSUE OF 2/8/01
ENTERTAINMENT DISTRICT FOR CALLE OCHO DISCUSSION
(S.W. 8TH STREET); MANAGER TO CONDUCT 22-25
STUDY ON FEASIBILITY FOR ESTABLISHMENT OF
AN ENTERTAINMENT DISTRICT FOR CALLE
OCHO, INCLUDING POSSIBILITY OF PUBLIC
HEARINGS IN ORDER TO SOLICIT COMMUNITY
INPUT.
7. DISCUSSION CONCERNING ORANGE BOWL AS 2/8/01
POTENTIAL SITE FOR PROPOSED MARLINS DISCUSSION
BALLPARK (See #47). 26-29
8.
DISCUSSION CONCERNING PERFORMANCE OF
2/8/01
NET OFFICES, PARTICULARLY INQUIRIES BY
DISCUSSION
NEIGHBORS IN DISTRICT 4 ON PROPOSED ADULT
30-31
LIVING FACILITIES.
9.
COMMISSIONER TEELE INDICATED SELECTION
2/8/01
SERGEANT AT ARMS FOR LEGISLATIVE BODY
DISCUSSION
SHOULD BE DONE BY CHIEF OF POLICE
32-33
THROUGH MANAGER'S OFFICE, IN
CONSULTATION WITH CHAIRMAN OF
COMMISSION.
10.
COMMISSIONER TEELE INDICATED THAT ALL
2/8/01
MANAGER'S STAFF, COMMISSION STAFF, ETC.,
DISCUSSION
SHOULD BE MADE AWARE OF ADMINISTRATIVE
34-35
POLICY AS IT PERTAINS TO PARTICIPATION IN
ANY POLITICAL ACTIVITY IN CITY BY ANY OF
ITS EMPLOYEES; STIPULATING THAT ANY
EMPLOYEE AUTHORIZED TO SPEAK ON ANY
MATTER OF POLITICAL IMPORT SHOULD BE
DONE THROUGH MANAGER.
11.
APPROVE AND CONFIRM MANAGER'S FINDING
2/8/01
OF SOLE SOURCE; WAIVE REQUIREMENTS FOR
R-01-114
COMPETITIVE SEALED BIDDING PROCEDURES
36-37
AND APPROVE PROCUREMENT OF CRIME
PREVENTION PUBLICATIONS FOR DEPARTMENT
OF POLICE FROM CHANNING L. BETE COMPANY,
INC., SOLE SOURCE PROVIDER, $79,793.35;
ALLOCATE FUNDS FROM LAW ENFORCEMENT
TRUST FUND.
12. (A) CONFIRM MR. JIM JENKINS AS EXECUTIVE
DIRECTOR OF MIAMI SPORTS AND EXHIBITION
AUTHORITY.
(B) URGE CULTURAL SENSITIVITY AS RELATES
TO ALL SEGMENTS OF COMMUNITY PERTAINING
TO MSEA-SPONSORED BOARD EVENTS.
(C) CITY ATTORNEY TO DRAFT CONTRACT FOR
EXECUTIVE DIRECTOR, SUITABLE TO MSEA
BOARD.
(D) EXECUTIVE DIRECTOR OF MSEA TO BE
PROACTIVE REGARDING ISSUES INVOLVING
MIAMI ARENA.
(E) NOT TO HAVE MSEA BE "CASH -COW" FOR
POLITICAL ACTIVITY.
(F) SEEK CONSULTATION WITH CITY ATTORNEY
REGARDING USAGE OF MSEA FUNDS.
(G) MESH NEW IDEAS WITH PRIOR VISIONS AND
COMMITMENTS FROM OTHER INDIVIDUALS WHO
HAVE ARTICULATED MSEA'S ROLE IN
MARKETING SPORTS EVENTS, ET CETERA (See
#5).
13. APPROVE AND CONFIRM MANAGER'S FINDING
OF SOLE SOURCE; WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES
AND APPROVE ACQUISITION OF NON-
EMERGENCY REPORTING 3-1-1 SERVICES FOR
DEPARTMENT OF POLICE FROM BELLSOUTH
TELECOMMUNICATIONS, INC., SOLE SOURCE
PROVIDER, $105,960; ALLOCATE FUNDS FROM
POLICE GENERAL OPERATING BUDGET AND
COPS 3-1-1 TECHNOLOGY GRANT FUND.
14. APPROVE AND CONFIRM MANAGER'S FINDING
OF SOLE SOURCE; WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES,
AND APPROVE PROCUREMENT OF FTR GOLD TM
MULTI -CHANNEL DIGITAL RECORDING SYSTEM,
FOR OFFICE OF CITY CLERK FROM BUSINESS
INFORMATION SYSTEMS, INC., SOLE SOURCE
PROVIDER, $15,000, ALLOCATE FUNDS FROM
OFFICE OF CITY CLERK GENERAL OPERATING
BUDGET.
2/8/01
R-01-115
38-44
2/8/01
R-01-116
45-46
2/8/01
R-01-117
47-48
15.
RENAMING SPOIL ISLAND NO. 3 LOCATED IN
2/8/01
BISCAYNE BAY EAST OF MORNINGSIDE PARK AS
R-01-118
CLAUDE PEPPER ISLAND.
49
16.
EXPRESS SUPPORT TO MR. GILBERTO
2/8/01
CASANOVA, SECRETARY TO ACCION CUBANA
M-01-119
FOR EITHER INSTALLATION OF PEDESTAL IN
50-52
FRONT OF TOWER THEATER WITH SCULPTURE
OF MANUEL FERNANDEZ, OR PLACEMENT OF
STAR IN CALLE OCHO SIDEWALK CELEBRITY
WALK OF FAME; STIPULATING THAT
COMMISSION DOES NOT SUPPORT RENAMING OF
TOWER THEATER TO "MANOLO FERNANDEZ".
17.
EMERGENCY ORDINANCE: AMEND SECTIONS 2-
2/8/01
923 AND 2-925 OF CITY CODE ENTITLED
ORDINANCE
"ADMINISTRATION, BOARDS, COMMITTEES,
NO. 12019
COMMISSIONS, DIVISION 3" TO CORRECTLY
53-55
REFLECT MANNER BY WHICH MEMBERS OF
INTERNATIONAL TRADE BOARD (ITB) ARE
APPOINTED AND DELETE REFERENCE TO
MAINTENANCE OF PARKS AS RESPONSIBILITY
OF ITB'S EXECUTIVE DIRECTOR.
18.
SECOND READING ORDINANCE: ESTABLISH
2/8/01
SPECIAL REVENUE FUND ENTITLED: "911
ORDINANCE
WIRELESS EMERGENCY COMMUNICATIONS
NO. 12020
ACT," BY ESTABLISHING INITIAL RESOURCES
56-57
AND APPROPRIATIONS AND AUTHORIZING
EXPENDITURES IN AMOUNT OF $379,173.56,
CONSISTING OF FUNDS FROM FEES IMPOSED BY
STATE OF FLORIDA WIRELESS 911 BOARD,
DEPARTMENT OF MANAGEMENT SERVICES.
19.
SECOND READING ORDINANCE: AMEND
2/8/01
ORDINANCE NO. 11759 WHICH ESTABLISHED
ORDINANCE
INITIAL RESOURCES AND APPROPRIATIONS FOR
NO. 12021
SPECIAL REVENUE FUND ENTITLED "COPS MORE
58-59
98," BY INCREASING SAID APPROPRIATIONS,
$750,376, CONSISTING OF ADDITIONAL GRANT
FROM U.S. DEPARTMENT OF JUSTICE FOR
CONTINUED SUPPORT OF CIVILIAN POSITIONS
AWARDED UNDER COPS MORE 98 PROGRAM.
20. SECOND READING ORDINANCE: AMEND
ORDINANCE NO. 11167 WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR SPECIAL REVENUE FUND
ENTITLED "OPERATION C.A.R.S.," TO INCREASE
APPROPRIATIONS TO $40,764, CONSISTING OF
GRANT FROM STATE OF FLORIDA MOTOR
VEHICLE THEFT PREVENTION AUTHORITY.
21. SECOND READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND ENTITLED: "SOLID
WASTE REDUCTION: RECYCLING AND
EDUCATION (FY' 01)" AND APPROPRIATING
FUNDS FOR DEVELOPMENT AND
IMPLEMENTATION OF SAME, $214,155;
CONSISTING OF TWO GRANTS FROM STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION: (1) RECYCLING AND EDUCATION
GRANT, $174,155, AND (2) WASTE TIRE GRANT,
$40,000.
22. (A) FIRST READING ORDINANCE: AMEND
SECTION 10-4 OF CITY CODE ENTITLED
"BUILDINGS, BUILDING PERMIT FEE SCHEDULE",
WHICH SETS FORTH FEES FOR BUILDING,
PLUMBING, ELECTRICAL, MECHANICAL,
INSPECTIONS, PERMITS AND CERTIFICATES, TO:
(1) ELIMINATE CERTAIN SERVICES AND FEES NO
LONGER WITHIN PURVIEW OF CITY, (2) COMPLY
WITH PROVISIONS OF SOUTH FLORIDA BUILDING
CODE, (3) COVER COSTS OF PERFORMING
CERTAIN REVIEWS AND ENFORCEMENT, AND (4)
CLARIFY AND MODIFY CERTAIN SERVICES AND
FEES
(B) MANAGER TO LOOK INTO PROVISION OF
SOUTH FLORIDA BUILDING CODE WHICH
IMPOSES ON RESIDENTS FEE COST OF $128.00 TO
PAINT ONE'S HOUSE.
2/8/01
ORDINANCE
NO. 12022
60-61
2/8/01
ORDINANCE
NO. 12023
62-63
2/8/01
FIRST READING
ORDINANCE
64-71
23. FIRST READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND ENTITLED: "DERELICT
VESSEL REMOVAL GRANT PROGRAM FUND,"
$48,687.58; CONSISTING OF GRANT FROM FLORIDA
FISH AND WILDLIFE CONSERVATION
COMMISSION.
24. ACCEPT PLAT ENTITLED JOHNTA SUBDIVISION
25. APPROVE AND CONFIRM MANAGER'S FINDING OF
EMERGENCY, WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES,
AND AUTHORIZE REPAIRS TO CEILING OF
AFRICAN SQUARE PARK RECREATION BUILDING
FOR DEPARTMENT OF PARKS AND RECREATION
FROM JMC DEVELOPMENT GROUP, INC., $13,265;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROJECT.
26. AUTHORIZE ENGAGEMENT OF LAW FIRM OF
AKERMAN, SENTERFITT & EIDSON, P.A. FOR
REPRESENTATION OF KEVIN MCKINNON IN CASE
OF MARILINE PENN V. LT. KEVIN MCKINNON,
$75,000; ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
27. AUTHORIZE ENGAGEMENT OF LAW FIRM OF
AKERMAN, SENTERFITT & EIDSON, P.A. FOR
REPRESENTATION OF CITY IN CASE OF MARILINE
PENN V. CITY OF MIAMI AND LT. KEVIN
MCKINNON, $20,00.00; ALLOCATE FUNDS FROM
SELF-INSURANCE AND INSURANCE TRUST FUND.
2/8/01
FIRST READING
ORDINANCE
72
2/8/01
R-01-120
73
2/8/01
R-01-121
74-75
2/8/01
R-01-122
76-77
2/8/01
R-01-123
78-79
28. AUTHORIZE ENGAGEMENT OF LAW FIRM OF
2/8/01
AKERMAN, SENTERFITT & EIDSON, P.A. FOR
R-01-124
REPRESENTATION IN APPEAL OF CITY V.
80-81
GREGGORY AND KATHLEEN LANGSETT, $40,000;
ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
29. ACCEPT WARRANTY DEED FROM SWIRE PACIFIC
2/8/01
HOLDINGS, INC., SWIRE BRICKELL THREE INC.,
R-01-125
AND SWIRE BRICKELL KEY HOTEL, LTD.
82-84
("DEVELOPER"), FOR CONVEYANCE OF 20,325
SQUARE FEET OF REAL PROPERTY, TO BE USED
FOR PUBLIC PARK PURPOSES.
30. APPOINT RICHARD TOWNSEND, MIGUEL
2/8/01
GERMAIN, MARK WALTERS, BERNICE SAWYER,
M-01-126
MAUD NEWBOLD, ATHALIE RANGE, ENID
R-01-127
PICKNEY AND EUGENIA THOMAS AS MEMBERS
85-90
OF VIRGINIA KEY BEACH PARK TRUST.
31. CONFIRM APPOINTMENT OF MATTHEW GORSON 2/8//01
AS MEMBER OF BOARD OF DIRECTORS OF R-01-128
DOWNTOWN DEVELOPMENT AUTHORITY. 91-94
32. DEFER APPOINTMENT TO COMMERCIAL SOLID 2/8/01
WASTE MANAGEMENT ADVISORY COMMITTEE; DEFERRED
COMMENTS BY COMMISSIONER TEELE 95
REGARDING SUNSETTING COMMITTEES AFTER 1
OR 2 YEARS.
33. APPOINT DR. LAURINUS PIERRE, SAM MASON, 2/8/01
ROSA KASSE, ALAN MORLEY, JOHNNY R-01-129
MATTHEWS, MIRIAM URRA, HENRY HARRISON, 96-97
JESSICA ANGEL AND VIONA BROWNE AS
MEMBERS OF EQUAL OPPORTUNITY ADVISORY
BOARD.
34. APPOINT DAVID GONZALEZ AS REGULAR 2/8/01
MEMBER AND PAUL DEBESA AS ALTERNATE R-01-130
MEMBER OF CODE ENFORCEMENT BOARD. 98-99
35. DEFER CONSIDERATION OF APPOINTMENT OF 2/8/01
INDIVIDUAL TO FILL VACANCY FORMERLY HELD M-01-131
BY HENRY COURTNEY TO PERFORMING ARTS 100-102
CENTER TRUST.
36. APPOINT REVEREND WILLIE DANIELS, ED 2/8/01
PIDERMANN, AL COTERA, TERESITA CLARK, M-01-132
ANTHONY ROBBINS AND VERNON CLARK AS 103-105
MEMBERS OF COMMUNITY RELATIONS BOARD
(See #43).
37. (A) PRESENTATION BY SOLID WASTE DIRECTOR 2/8/01
CLARANCE PATTERSON — PILOT PROGRAM PRESENTATION
CONSIDERED FOR COLLECTION. 106-115
(B) ADMINISTRATION TO CONSIDER ADDRESSING
ISSUE OF ILLEGAL DUMPING BY ESTABLISHING
PROCESS WHEREIN GARBAGE TRUCK DRIVERS
WILL REPORT VIOLATORS TO RESPECTIVE NET
COORDINATORS TO SEND A WARNING LETTER.
38. DISCUSSION CONCERNING FINANCIAL UPDATE 2/8/01
AND BUDGET OUTLOOK. DISCUSSION
116
39. DISCUSSION CONCERNING MIAMI DEVELOPMENT 2/8/01
SUMMIT 2001 TO BE HELD APRIL 4TH THROUGH DISCUSSION
6TH, 2001 AT HOTEL INTER -CONTINENTAL. 117-121
40.
APPROVE MAJOR USE SPECIAL PERMIT FOR
2/8/01
BRICKELL VIEW PROJECT LOCATED AT 1200
R-01-133
SOUTH MIAMI AVENUE AND 30 SW 12 STREET TO
122-134
BE COMPRISED OF 600 UNITS, WITH ACCESSORY
RECREATIONAL SPACE, 23,461 SQUARE FEET OF
RETAIL USE, 30,521 SQUARE FEET OF OFFICE USE,
AND 843 PARKING SPACES. (Applicant(s): BAP
Development, Contract Purchaser & Alamagan
Corporation, Owner).
41.
DIRECT CITY ATTORNEY TO TAKE ALL STEPS
2/8/01
NECESSARY TO IDENTIFY THOSE AFRICAN-
R-01-134
AMERICAN INDIVIDUALS WHO SERVED CITY AS
135-136
JUDGES DURING "SEPARATE BUT EQUAL" PERIOD
OF HISTORY IN UNITED STATES; CITY ATTORNEY
TO ADVISE LEADERSHIP OF MIAMI -DADS
COUNTY LEGAL COMMUNITY AND JUDICIARY
COMMUNITY OF CITY'S INTENT TO HONOR SAID
INDIVIDUALS.
42.
APPROVE AND CONFIRM MANAGER'S
2/8/01
EXECUTION OF AGREEMENT WITH MASON REAL
R-01-135
ESTATE SERVICES, INC. FOR PROVISION OF
137-139
CONSULTANT SERVICES ON MATTERS
CONCERNING FINANCING, AND ECONOMIC
REVITALIZATION AS RELATES TO LOCATION OF
PROPOSED MARLIN'S BALL PARK; ALLOCATE
$50,000 FOR SAID PURPOSE.
43.
APPOINT REVEREND WILLIE DANIELS, ED
2/8/01
PIDERMANN, AL CATERA, TERESITA CLARK,
R-01-136
SHAPIRO FELDMAN, ANTHONY ROBBINS AND
140
VERNON CLARK AS MEMBERS OF COMMUNITY
RELATIONS BOARD (See #36).
44. EMERGENCY ORDINANCE: AMEND SECTION 39-
69(a)(1) OF CITY CODE ENTITLED "PARKS AND
RECREATIONS, USE REGULATIONS, ALCOHOLIC
BEVERAGES: INTOXICATED PERSONS" TO
INCLUDE JOSE MARTI AND MAXIMO GOMEZ
("DOMINO" PARKS") AMONGST THOSE PARKS AT
WHICH ALCOHOLIC BEVERAGES MAY BE
POSSESSED AND CONSUMED.
45. WAIVE REQUIREMENT THAT BOARD MEMBERS
EITHER RESIDE IN CITY, OWN REAL PROPERTY IN
CITY, OR MAINTAIN BUSINESS IN CITY,
PURSUANT TO SECTION 2-884(b) OF CITY CODE
ENTITLED "MEMBERSHIP ON BOARDS", AS
APPLIES TO DR. LAURINUS PIERRE; FURTHER
APPOINT SAID INDIVIDUAL AS MEMBER TO
MIAMI SPORTS AND EXHIBITION AUTHORITY.
46. DIRECT MANAGER TO REVIEW PROCESS IN
CONNECTION WITH GRANT TO CITY BY FAMILY
OF LATE DANA DORSEY, "THE DORSEY LIBRARY",
TO ASCERTAIN WHETHER OR NOT SAID FACILITY
CAN BE USED AS SATELLITE LIBRARY LOCATION
FOR MIAMI-DADE COUNTY, PER REQUEST OF
GRANTOR.
2/8/01
ORDINANCE
NO. 12024
141-142
2/8/01
R-01-137
143-144
2/8/01
M-01-138
145-146
47. (A) PRESENTATION, PROGRESS REPORT AND
2/8/01
DISCUSSION CONCERNING PROPOSED MARLINS
R-01-139
BASEBALL STADIUM.
M-01-140
(B) APPROVE, IN PRINCIPLE, COMMUNICATING
147-184
INTENT TO ACCEPT MIAMI DADE' S MAYOR ALEX
PENELAS' OFFER: AGREE THAT CITY WOULD
WANT LOCATION OF PROPOSED MARLIN'S
BASEBALL STADIUM TO REMAIN IN URBAN
SETTING; STIPULATING THAT SAID FACILITY
SHOULD BE STATE-OF-THE-ART FACILITY
MINDFUL OF PAST PROBLEMS ASSOCIATED WITH
CURRENT MIAMI ARENA FACILITY; STIPULATING
THAT CITY SHALL NOT BE CONDUIT FOR
CONSTRUCTION OF SAID BALL PARK; CITY IS
DESIROUS OF HAVING SOME REVENUE STREAM
FROM SAID FACILITY IN THAT CITY AGREES TO
PROVIDE LAND FOR SAME; ACCEPT FUNDING
SOURCES AS FULLY OUTLINED IN CITY
DOCUMENT ENTITLED "PROPOSED BASEBALL
STADIUM SITE", STIPULATING THAT CITY ALONG
WITH MIAMI-DADE COUNTY SHALL WORK OUT
CONTRACTUALLY TO RESOLVE ALL PENDING
FINANCIAL ISSUES.
(C) SCHEDULE SPECIAL CITY COMMISSION
MEETING IN CONNECTION WITH LOCATION OF
PROPOSED BALLPARK FOR MIAMI MARLINS
BASEBALL TEAM.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the Bch day of February 2001, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:41 a.m. by Commissioner Wifredo Gort (hereinafter referred
to as Vice Chairman Gort), with the following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
ABSENT:
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Vice Chairman Gort, after which, Commissioner Winton led those
present in a pledge of allegiance to the flag.
1 2/8/01
Note for the Record: Commissioner Regalado and Commissioner Teele entered the Commission
Chamber at 9:42 a.m.
1. CONSENT AGE A
Vice Chairman Gort: Mr. Manager, while we're waiting for the other Commissioners to get in here --
Commissioner Regalado is here. OK, and Commissioner Teele is here. Great. Thank you. In the consent
agenda, is there any one item that any of the Commissioners would like to take out, or any -- any one item
in the consent agenda? Is there anyone in the public who would like to discuss any of the items in the
consent agenda? OK. Do I have a motion?
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Is there any discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT
ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION
SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT
REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION.
THEREUPON, ON MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY
COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS:
None
ABSENT: None
2 2/8/01
RESOLUTION NO. 01-99
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF ATLANTIC CIVIL, INC., FOR THE PROJECT
ENTITLED "WATSON ISLAND ACCESS ROADS EXTENSION
PROJECT, B-4628," IN THE PROPOSED AMOUNT OF $420,803.23;
ALLOCATING FUNDS FROM PROJECT NO. 333126, AS
APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS ORDINANCES, IN THE
AMOUNT OF $420,803.23 FOR CONTRACT COSTS AND $49,240.00
FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $470,043.23;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
RESOLUTION NO. 01-100
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
ACCEPTING THE BID OF ADVANCED MICRO SERVICES FOR
THE ACQUISITION OF DIGITAL CAMERAS WITH ACCESSORIES
PLUS ON-SITE TRAINING, FOR THE DEPARTMENT OF POLICE,
IN AN AMOUNT NOT TO EXCEED $24,000; ALLOCATING FUNDS
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE
SHARING."
3 2/8/01
RESOLUTION NO. 01-101
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SUPER SEER CORPORATION FOR THE
PROCUREMENT OF RIOT/CORRECTIONAL HELMETS WITH
FACE SHIELDS AND REPLACEMENT PARTS FOR THE
DEPARTMENT OF POLICE, IN AN ANNUAL AMOUNT NOT TO
EXCEED $47,467.50, ON A CONTRACT BASIS FOR A PERIOD OF
ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO A PRICE
ADJUSTMENT OF 4% FOR EACH SUBSEQUENT YEAR;
ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.075.
RESOLUTION NO. 01-102
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF BLUE WATER AQUATICS, INC., FOR THE AQUATIC
VEGETATION TREATMENT OF BLUE LAGOON LAKE, IN AN
ANNUAL AMOUNT NOT TO EXCEED $38,500, WITH THE OPTION
TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS,
WITH FUNDS FOR PAYMENT TO BE PROVIDED BY A GRANT
AWARDED TO THE CITY OF MIAMI FROM THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION.
rd
2/8/01
RESOLUTION NO. 01-103
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF IDEAL OFFICE PRODUCTS, INC. FOR THE
PROCUREMENT OF OFFICE SUPPLIES FOR THE DEPARTMENT
OF PURCHASING, TO BE USED BY VARIOUS CITY
DEPARTMENTS ON AN AS -NEEDED CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR
TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING
FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS
USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL.
RESOLUTION NO. 01-104
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BIDS OF MIAMI BUSINESS TELEPHONE, PRIMARY VENDOR
AND QUALITY WIRING, INC., SECONDARY VENDOR, FOR THE
ACQUISITION OF TELECOMMUNICATIONS WIRING SERVICES
FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR
USE CITYWIDE, IN AN ANNUAL AMOUNT NOT TO EXCEED
$400,000, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-
YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM
THE OPERATING BUDGETS OR CAPITAL IMPROVEMENT
PROJECTS OF VARIOUS USER DEPARTMENTS, SUBJECT TO
BUDGETARY APPROVAL.
5 2/8/01
RESOLUTION NO. 01-105
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERGOVERNMENTAL AUTOMOBILE USE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) FOR
USE OF VEHICLES OWNED OR LEASED BY THE FBI FOR
CERTAIN CITY OF MIAMI DEPARTMENT OF POLICE TASK
FORCE OPERATIONS.
RESOLUTION NO. 01-106
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH
CRYSTAL SPRINGS WATER COMPANY FOR THE
PROCUREMENT OF DRINKING WATER AND SUPPLIES FOR THE
DEPARTMENT OF PURCHASING FOR USE BY VARIOUS CITY
DEPARTMENTS, ON AN AS -NEEDED CONTRACT BASIS, IN AN
AMOUNT NOT TO EXCEED $40,000, FROM $35,000 TO $75,000
ANNUALLY; ALLOCATING FUNDS FROM EACH OF THE
OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS,
SUBJECT TO BUDGETARY APPROVAL.
on
2/8/01
RESOLUTION NO. 01-107
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF THIRTEEN HUNDRED YEAR 2001
FLORIDA LAW ENFORCEMENT HANDBOOKS, CITY OF MIAMI
EDITION, FOR THE DEPARTMENT OF POLICE FROM THE MIAMI-
DADE POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED
$13,780; ALLOCATING FUNDS FROM THE POLICE DEPARTMENT
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.760.
RESOLUTION NO. 01-108
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH FLIR
SYSTEMS, INC., SOLE SOURCE PROVIDER, FOR THE
PROCUREMENT OF SIX (6) FIREFLIR-TM THERMAL IMAGING
SYSTEMS WITH THE RADIOMETRY OPTION FOR THE
DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO
EXCEED $100,200, FROM $192,000 TO $292,200; ALLOCATING
FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313304,
ACCOUNT NO. 289401.6.840, AS FUNDED BY THE FIRE
ASSESSMENT.
VA
2/8/01
RESOLUTION NO. 01-109
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE SOLICITATION OF REQUESTS FOR
QUALIFICATIONS ("RFQ'S") FOR PURPOSES OF ESTABLISHING
A PRE -APPROVED LIST OF PROFESSIONAL TOWN PLANNERS
AND URBAN DESIGNERS TO BE ENGAGED FOR PLANNING AND
ZONING CATEGORY B DESIGNATED PROJECTS FOR 2001
THROUGH 2003; APPOINTING A CERTIFICATION COMMITTEE
OF NO LESS THAN THREE INDIVIDUALS TO ASSESS THE
SUBMITTED RFQ'S; APPOINTING AN INDIVIDUAL AS
CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE;
AND AUTHORIZING THE CITY MANAGER TO APPOINT A SIX -
MEMBER COMPETITIVE SELECTION COMMITTEE TO
EVALUATE AND RANK IN ORDER THE QUALIFIED
CANDIDATES, AND TO PRESENT ITS RECOMMENDATIONS TO
THE CITY COMMISSION FOR FINAL REVIEW AND
CONSIDERATION.
2/8/01
RESOLUTION NO. 01-110
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
IN THE AMOUNT OF $50,000 FOR THE PREPARATION OF AN
URBAN INFILL AND REDEVELOPMENT PLAN FOR THE MIAMI
RIVER CORRIDOR, IN PARTNERSHIP WITH MIAMI-DADE
COUNTY AND THE MIAMI RIVER COMMISSION; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT AND TO
IMPLEMENT THE PLAN.
RESOLUTION NO. 01-111
A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ACCEPTANCE OF A DONATION OF FOOD FROM THE MC
DONALD'S CORPORATION, WITH AN ESTIMATED VALUE OF
$600, AND 570 TOYS FOR NEEDY CHILDREN FROM PAWA
COMPLEX INTERNATIONAL, INC., WITH AN ESTIMATED VALUE
OF $1,876, TO THE DEPARTMENT OF PARKS AND RECREATION,
FOR THE ANNUAL "SNOW IN THE SUNSHINE" EVENT HELD ON
DECEMBER 16, 2000 AT THE ORANGE BOWL STADIUM.
o
2/8/01
RESOLUTION NO. 01-112
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE CITY MANAGER'S RECOMMENDATION FOR SELECTION OF
THE FIRM OF ERNST AND YOUNG, LLP ("ERNST") TO PROVIDE
CONSULTING SERVICES FOR AN ANALYSIS OF THE READINESS
OF THE CITY TO IMPLEMENT THE GOVERNMENT
ACCOUNTING STANDARDS BOARD STATEMENT NO. 34 FOR
THE FINANCE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED
$25,000 PLUS EXPENSES; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH ERNST; ALLOCATING FUNDS FROM THE
DEPARTMENT OF FINANCE GENERAL OPERATING BUDGET.
Vice Chairman Gort: Mr. Manager, my understanding is --
Commissioner Sanchez: No veto items?
Carlos Gimenez (City Manager): Mr. Chairman, I'd like to -- I've got a couple of things I'd like --
Vice Chairman Gort: I'm sorry, Mr. Manager. Let me interrupt you for a minute. I do need the -- there's
no vetoes from the Mayor's office?
Walter Foeman (City Clerk): There's no veto items.
Vice Chairman Gort: OK. I'd like the motion for the minutes of the following meetings you have there.
July.
Commissioner Teele: So move.
Commissioner Sanchez: Second, second.
10 2/8/01
Vice Chairman Gort: Can we move them all at the same time?
Mr. Foeman: Yes.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
Note for the Record: On a motion duly made by Commissioner Teele and seconded by Commissioner
Sanchez, the minutes of Commission meetings of July 13, 1999; September 21, 1999; October 26, 1999;
November 16, 1999; May 18, 2000 and September 7, 2000 were approved by the City Commission.
11 2/8/01
Vice Chairman Gort: Mr. Manager.
Carlos Gimenez (City Manager): I have a couple of items, and I thank the Commission's indulgence. I'd
like to introduce Dennis Wheeler, who is the Director of the NET (Neighborhood Enhancement Team),
who will now introduce to you --
Commissioner Teele: Didn't you say "acting Director"?
Mr. Gimenez: No, sir. He's the Director of NET. And he's the newly appointed Director of NET, and he
will also introduce the newly appointed administrator for the West Coconut Grove NET Service Center.
Dennis Wheeler (Director, NET): Dennis Wheeler, Director of NET. It's with great pleasure that I
introduce you to Mr. Homer Whittaker as the new NET Administrator for Southwest Coconut Grove.
Homer and I have worked together in the Fire Department, and I was very impressed with his work there,
because he diligently served the community. And if you look at the resume before you, he has a law
degree from the University of Miami. He also has a Bachelor of Arts degree from Gordon College and
New York University in political science. We're stealing him from Community Development, which we
all know all the services that Community Development provides. And I think that with his experience that
he will add a lot to Southwest Coconut Grove. So Mr. Whittaker.
Homer Whittaker (NET Administrator, Southwest Coconut Grove): Thank you, Chief Wheeler. Good
morning, gentlemen. As he said, my name is Homer Whittaker, and I was lucky to be offered the
opportunity, and I am, indeed, very grateful. And anything I can do to be of service to you, Commissioner
Winton, or any of the Commissioners, I'd be happy to do that.
Vice Chairman Gort: Thank you. Welcome aboard. You have a great task in front of you.
Mr. Whittaker: Thank you.
Commissioner Winton: Thrilled to have you.
Mr. Whittaker: Thank you, Commissioner.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, in seriousness, I congratulated the Director privately on his well-
earned promotion, Director Wheeler. And again, I'm pleased that the Manager is continuing to provide
more stability. I think one of the things that this City needs drastically in our career in personnel ranks is
more stability. And we've shared that repeatedly. I have not had the opportunity to talk privately to Mr.
Whittaker, other than to determine that he's met with the Commissioner from the district that he's going to
be working in. And again, I think, Mr. Manager, Mr. Wheeler, that's most appropriate, and I commend
12 2/8/01
you. But my concern publicly is the following: We have a City employee, based upon a resume that has
been working for the City since -- 1983, is that fair? -- who has gone, on his own, and gotten a law degree.
Is that --
Mr. Whittaker: Yes, sir.
Commissioner Teele: How much assistance did the City of Miami financially provide to you for your
academic pursuit?
Mr. Whittaker: Commissioner, I've got to tell you that I've never been one to ask for help. I just went
ahead and did it. I didn't really care, and I never got it.
Commissioner Teele: I appreciate that, but how much money did the City provide?
Mr. Whittaker: Nothing, sir.
Commissioner Teele: Well, I don't know if you've watched any of the budget hearings, but at every
budget hearing, I've repeatedly suggested to the management and human relations that we should have
incentive programs to match or to provide incentive. And I'm not -- don't mean to put you on the spot,
because you are a classic example of what's right with the citizens of this community, and, quite frankly,
what's right with the career professionals in this City. I mean, to see your resume and to see you standing
here, and to recognize that in -- I don't want to say in spite of us, but certainly not because of us -- you're
here, it's just a real testimony. And I think, if nothing else, you can provide at least me with the
motivation to continue to encourage the management to aggressively develop a program for upward
mobility. And I commend you, sir. I had nothing to do -- in fact, I don't even know that I've met you,
other than to say hello to you. I had nothing to do with what you've done. But what you're doing is a real
role model, as far as I'm concerned. And I commend the Manager for finding you or re -finding you and
seeking you out. And I encourage the management to look for proactive ways to encourage other
professionals who have, perhaps, the same God-given, or close to the God-given abilities and skills that
you may have, to encourage others to follow in your footsteps. So congratulations. And we're going to
be looking for great things for you.
Mr. Whittaker: I'll certainly try. Thank you, Commissioner. But I must say, also, that along the way,
there were caring people who individually helped me to get where I got to, so I really do thank them, too.
They know who they are. Thank you, sir.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Sanchez: On that point, just to elaborate a little bit on the statements made by
Commissioner Teele. First of all, I, too, would like to commend the City administration. The last two
NET Administrators that have been brought in front of this Commission have really shown what progress
this City has made. We have hired such professionals. Both Ms. Claude -- if I -- was that her name?
13 2/8/01
Commissioner Teele: Dr. Claude.
Commissioner Sanchez: Dr. Claude. I didn't want to mispronounce her name, the NET Administrator for
Little Haiti, and this fine gentleman here today. She had a Ph.D., and this gentleman also has a law
degree. It really shows that what we're doing to put professionalism in such important positions in our
City, because you will realize that that is a position that people will often not say "thank you," but they'll
complain a lot. So I do want to thank the administration for really bringing in top-notch people to this
position. And that is what truly is going to make the NET concept a successful concept. Thank you.
Mr. Whittaker: Thank you, sir.
Vice Chairman Gort: Thank you.
(APPLAUSE)
14 2/8/01
Vice Chairman Gort: Can we get the Parrot Jungle out of the way, so we can go back to work and they
can --
Carlos Gimenez (City Manager): Yes, sir. We have a pocket item, which should be in front of you
concerning Parrot Jungle.
Arleen Weintraub (Acting Director, Real Estate & Economic Development): Good morning. We had
distributed this resolution last Friday, and I have additional copies here with me this morning. Parrot
Jungle, as you know, has taken possession of the City property back in October, and is now well underway
in construction. They are now at the point of purchasing fill.
Commissioner Teele: Whose pocket item is this?
Commissioner Sanchez: Whose pocket item is this? The Manager -- do we have -- I don't have a copy of
it.
Vice Chairman Gort: I'm the one that was --
Ms. Weintraub: I brought additional ones, and it was distributed to your office on Friday.
Commissioner Sanchez: Well, it's not on my -- If I could just have a copy, please.
Vice Chairman Gort: I was sure I read it in the agenda.
Ms. Weintraub: What's before you this morning is a resolution authorizing the City Manager to sell an
amount of fill that's deposited over on Virginia Key, so that Parrot Jungle could use it at the City -owned
property on Watson Island. The price that had been discussed over time and is now being recommended
to be honored is a dollar ($1) a cubic yard. The resolution before you, when I prepared it last week, Parrot
Jungle had estimated about 60,000 cubic yards. Their contractor has now taken a look at that amount
again, and has estimated it's probably about twice that amount that they'd be interested in purchasing from
the City. Dr. Levine is here with us this morning if there's any questions. But we would very much like
to move this, so they can start moving the fill as early as next week.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I would move adoption of the item.
Vice Chairman Gort: It's been moved. Is there a second?
15 2/8/01
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion?
Commissioner Teele: Mr. Chairman.
Ms. Weintraub: I've been asked to make sure that I said that change correctly. I said double. So the
amount they have recalculated is approximately 135,000 cubic yards. I want to make sure I get that on the
record.
Commissioner Winton: And so will the City get a hundred and thirty-five thousand dollars ($135,000) in
revenue?
Ms. Weintraub: That's correct.
Vice Chairman Gort: That's correct. And I hope it gets going soon and we can see the birds flying around.
All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-113
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO SELL AN AMOUNT NOT
TO EXCEED 135,000 CUBIC YARDS OF AVAILABLE FILL
MATERIAL STORED AT THE VIRGINIA KEY DISPOSAL SITE TO
PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC.,
AND PJG WATSON, L.L.C., AT A COST OF $1.00 PER CUBIC
YARD, FOR USE AT THE PARROT JUNGLE AND GARDENS
PROJECT SITE ON WATSON ISLAND, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
16 2/8/01
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Manager, on this item.
Mr. Gimenez: Yes, sir.
Commissioner Teele: Do you have some type of analysis as to what fill is selling for?
Mr. Gimenez: This is on the low market rate, and the reason that I'm recommending it is that there was an
understanding that was given to Mr. Levine in the past, and I felt that since it's a City project, we should
honor that understanding and give it to him for a dollar ($1). But I believe that you could make
substantially more on the market.
Commissioner Teele: Well, according to your memo, we could make a minor more. You indicate that the
market -- appear to indicate that the market is one dollar twenty-six cents ($1.26).
Ms. Weintraub: That was at the time --
Mr. Gimenez: That was at that time.
Ms. Weintraub: Right, exactly, which is 1998. That's what we understood the last time --
Commissioner Winton: So the market value has gone up. So it's --
Ms. Weintraub: Our understanding is it has.
Commissioner Teele: Look, I support this strongly. But, you know, there's going to come a time when
Mr. Levine is going to have everything he wants. And the question is, what did the City do for him in
this? And we need to document the record. I mean, I don't mean we ought to try to keep a scorecard of
every, every time we do administrative work. But I mean, this is a substantial support of the project. And
I think we should -- the memorandum should clearly document it. And I wanted to go ahead and vote on
it, because I don't want that to color the discussion. I just think our record keeping really should clarify
and document what the market rate is, and what it is. And I support it. But I think at the end of the day,
I'd like to know that we've just given Mr. Levine a credit of a hundred thousand dollars ($100,000), or
17 2/8/01
two thousand dollars ($2,000), or whatever it is. And what it is, is what it is. We all are supporting it, and
fill is just sitting there, and we're not in the business of selling fill. But if this helps our project, I just
would like to document it. That's all that I -- And I'd like a memorandum that does that and gets at least
Mr. Levine's acknowledgement of that concession as a part of the record.
Mr. Gimenez: Yes, sir.
Commissioner Winton: And frankly, though, this issue over what we think the market value is, I have a
question, and that is, how much fill have we sold at this new market value that's been determined?
Mr. Gimenez: To my knowledge, we haven't sold any fill.
Commissioner Winton: All right. So part of the point here is, it's one thing to talk about what market
value is. It's another thing to have sold something so that you can test the market value. And so the fact
of the matter, if we haven't sold any, then these dollars -- you know, that's a dollar ($1) ahead.
Vice Chairman Gort: I think it's very important, and Commissioner Teele, I appreciate you bringing that
up. I think it's a good issue. But at the same time, I think the staff -- we need that to have documented,
because we have to make sure that people understand that we had an agreement with this gentleman a long
time ago, but unfortunately, because of the bureaucrats, and the permits and all the things we had to go
through, he was not able to -- he's about a year late. State your name and address.
Bern Levine: Commissioner Teele, thank you. I do appreciate it, and I will remember that and I thank --
Vice Chairman Gort: And who you are.
Mr. Levine: Bern Levine, Parrot Jungle. And we do need to keep a scorecard. And I owe this City a
great deal, and I won't forget that. Thank you.
Vice Chairman Gort: Well, I think it's important that we state it, that there was a contract, an agreement
was made two or three years ago, and that's what we're going by, this. Thank you all. Item 1.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: While Mr. Levine is here, Mr. Levine, is this project moving on time, and is there
anything that the City can do to assist in further expediting the project?
18 2/8/01
Mr. Levine: Commissioner Teele, we're going to have our groundbreaking, our official groundbreaking
March 21St. We're going to be sending out invitations, at 4 o'clock p.m. And we're putting the final list
together now, and the invitations will go out. And we hope to be open November of 2002. So we will
probably be coming back here for some other items, but we're on our way. And thank you very much.
Commissioner Teele: Does Davis Bacon apply to your project?
Mr. Levine: Davis Bacon applies to our project, yes, sir.
Vice Chairman Gort: And he's committed to hiring people within our neighborhoods. It's very
important.
19 2/8/01
Vice Chairman Gort: OK, Item Number 1. 1 don't have any -- Well, there's one thing I would like to
discuss, and I was going to bring it before. I was going through the audit of the parking surcharge, and I'd
like at the next committee meeting -- Commission meeting to have a report on this audit that we have,
how much progress we've made and where we're at.
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: Thank you.
20 2/8/01
Vice Chairman Gort: Commissioner Teele.
Commissioner Sanchez: Johnny?
Commissioner Winton: Yeah. We were going to introduce the new Executive Director of MSEA (Miami
Sports and Exhibition Authority), but he's not here yet. So.
Vice Chairman Gort: I'm sorry, Johnny.
Commissioner Winton: I said I was going to introduce the new Executive Director of MSEA, Jim
Jenkins, publicly. I think you have all had a chance to meet him, but wanted him to come before the
Commission. But he's not here yet, so I'd like to defer this.
Vice Chairman Gort: OK.
Note for the Record: At this point, Item D -2-A was tabled.
21 2/8/01
Vice Chairman Gort: District 3, Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. My item is to discuss an issue reference
implementing an entertainment district for Calle Ocho, with boundaries from 8th Street to 17th Avenue.
And just to elaborate on this matter, two and a half years ago, when I entered City Commission, I took an
area of my district which we wanted to concentrate on, to try to bring it a revitalization, and try to improve
the economical impact that that area was capable of achieving, but it wasn't. So we looked at the area
from 17th Avenue to 12th Street, and we have emphasized a three-phase tier program. One was -- Phase 1
was to clear the area of crime, to improve the lighting, to improve the quality of life in that area, which we
did through the help of the Police Department and the administration. Then we went on to cleaning the
area, and we consisted of pressure -cleaning the streets, working with the Fagade Program, to make sure
that every business was aware of the Facade Program, what benefits they could be provided through the
City of Miami, awnings, we fixed lighting, we trimmed trees, we added more light to make it a more
friendly street to people. And then we focused on working with not only the local businesses, but we
came up with a study to find ways that would attract what we considered a revitalization, quick push into
that area. We focused on the arts and cultural aspect of it. Learning from our neighboring City, Coral
Gables, which has had a great success with Gallery Night, we implemented such a thing on Calle Ocho
through Los Viernes Culturales, which is the last Friday of every month that we have focused on local
artists and people that are in the trade of crafts and stuff, and we afforded them an opportunity, for free, to
come and take our sidewalks and exhibit their arts. And we -- just now, I remember that we had, from 27th
Avenue to 4th Avenue, we had about 27 empty businesses. But just to break it down, from 17th to 12th,
right now, when we did the study, there was, I believe, eight or nine businesses that were completely
empty. Today, we have only one business that is empty, and we have people that are looking at it. We
have 12 art galleries in Calle Ocho, which we never had. I think there was only one art gallery there. So I
encourage and invite everyone to participate in Los Viernes Culturales. We have been receiving praises
through the arts and culture of the County, the Herald, local newspapers and the media because of the
great success. And that success has come from the City and everyone who has been a part of that. Now,
we wanted to take it a step further. And I looked at it to try to bring in -- and I don't want to take it to a
higher scale of having nightclubs that are rowdy, but we could down -tone it into an area that would have
outside cafes or bars that are low scale jazz clubs, because we want to give it a flavor, an international
avenue. Calle Ocho, at first, has always been our Ellis Island here in the City of Miami. Everyone who
comes here, all the immigrants land there, and then through -- when they hit the scales of progress in the
economy, they move on to better things. But still, I have not been able to leave there. I'm still there in
Little Havana, which I'm proud of. But, you know, that area has had great success. And I just want to
direct the City to look into it, to see what we could do to maybe -- there's three right now that have liquor
licenses. You have a bar on 12th Avenue and 8th Street, El -- Twelve Thousand, it's called. Dos mil --
Dice Mil Bar?
Vice Chairman Gort: Mildociento, the Twelve Hundred.
22 2/8/01
Commissioner Sanchez: Whatever. Then there are two nightclubs that are right each to each other, which
are -- you're going to have t help me with those names.
Ana Gelabert-Sanchez (Director, Planning & Zoning): I'm sorry; I'm not that familiar with the clubs.
Commissioner Sanchez: Come on. Yes, you are.
Vice Chairman Gort: From 12th to 17th?
Commissioner Sanchez: No, no, from 8th. So what I want to do is maybe -- I know that we could add --
Commissioner Winton: Ana's not hanging out at the bars.
Ms. Gelabert-Sanchez: Yeah, I'm not hanging out there.
Commissioner Sanchez: I don't hang out at bars, Johnny. But if we could add to and maybe do this, but I
want to do it right. I want to have public hearings. I want to have the community involved, whether they
like it or not. They have seen the success that we've been able to accomplish in Little Havana. The bar is
El Palenque and El Caribe. Great Chief of Staff comes out here to give me the names. But those two
bars, although we've had some problems there in those bars, I'm going to be very, very honest with you.
We have been able now to work with the Police Department in the bar and the community, and now things
-- We have five police officers working off-duty there, so things are much calmer there. But, you know,
we live in such a diverse community, and that bar really caters to people from Central and South America.
And, you know, everybody's got to have a place where they could go and feel that they're happy among
themselves, and they have something in common. So I think that if we're able to attract more bars -- a
jazz bar, other bars to that area -- not turn it into an off -scale Key West, Monroe Avenue type of deal, but
it would bring something else to Calle Ocho that Calle Ocho would benefit. However, I don't want to take
that leap of faith without having public input. So I am directing, just like we directed the City Manager,
through the vote of this legislative body, but also, the City to look into ways, and have public hearings that
have full support of the residents in that area, to come back with a recommendation whether you think it's
right and it's accepted by the residents, because I think that's going to add much more to Calle Ocho than
what it is today, although we've got great success, and we do have another premier at the Tower Theater
coming up, which is another movie, HBO (Home Box Office) premier. And I have Tony Wagner who is
here. Tony, could you please stand up and be recognized? You've done such a great job at the Tower,
and you've done such a great job, along with the members of the Viernes Culturales and everyone
involved in that progress. So that is all, that I'm directing you guys to come back, do a study, so we do --
I would like to extend -- and I know there's three now. Maybe we could get five. I don't want to make it
too big, but I think there's enough room there and certain business that we could have a bar/restaurant type
of atmosphere where you could go and have a nice dinner, you know, sit at the bar and wait till you're
able to sit. You know, that's the trend nowadays. You got to a restaurant and you have to wait two hours.
Well, you sit down with your wife, and you have a cup of wine and then you go sit down. And those are
type of things that we need to bring to that area. So that is just my direction to the City, to come back with
a report.
23 2/8/01
Ms. Gelabert-Sanchez: We already -- the Planning Department already spoke to the NET (Neighborhood
Enhancement Team) Office, and we are coordinating a meeting, and then it would lead to a community
meeting. Ana Gelabert, Director of the Planning and Zoning Department.
Vice Chairman Gort: OK. Thank you. First of all, I want to state my congratulations to Commissioner
Sanchez. I think he's done a great work there. We have, through the Chamber of Commerce, we have
worked there for quite a while, and tried to -- That area has had it's ups and downs. It's coming back up
again. But it's very important when you do your analysis, that region between 12th Avenue and 17th
Avenue, Southwest 9th Street to Northwest 1St Street is called the Latin Quarters. That's a special district
that I requested for years now. We need to change that. That is no longer working the way it was
originally proposed. So you need to go into there. The other thing that I requested is a lot of the problems
that we have in Little Havana, that we have in other areas, in Model City, and Allapattah is the -- those
areas, you haven't seen any new buildings going up, and there's a lot of old buildings where duplexes
could be built, but the reason they're not being built is because of the parking requirement. I would like to
have that in here as soon as possible, so we can get to redevelopment of those areas.
Ms. Gelabert-Sanchez: Yeah. We are dealing with that issue. You had made that request to me regarding
the parking issues, and we're looking at it, as amending it on the CRD's area, which would be the target
areas, with Dena, so we're working on that.
Vice Chairman Gort: But the one thing is, let's try to get it back as soon as possible, because
Commissioner Sanchez has done a great job in bringing the area there, and we don't want that to go down.
And we want to make sure. In the `80s, we had that problem. In the `80s, we were all ready to do some
rehab in Calle Ocho, and then we took forever, and it never took place. So let's try to expedite this as
soon as possible.
Commissioner Sanchez: Willy, just on that point, and just -- you know, and I'm one that doesn't like to
go back into the past. A perfect example is the Little Havana Cultural Center. That's been doing on since
1993, '94, since, I think, Suarez was the Mayor, when he first came up, and then nothing has ever
happened. Today, through the positive media that that area has gotten, and built on the concept of the arts
and cultural, that area today has been fenced, and has been cleaned and I think that development is going
up in a couple of months. That's the understanding that I've gotten. So we have brought to an area
revitalization with no expense to the City, except the Tower. The Tower is the only thing that that -- that
the City put into, and it put close to three million dollars ($3,000,000), which basically started the fire. So
if you look at the area from 12th to 17th, the investment, looking at it from a business point of view, the
small investment that the City has made, now you have the private sector coming in and buying, because
right now, we have only -- all the properties are sold. There's only one empty property that the gentleman
wants to do either a museum, or he wants to open up a restaurant with a nice bar right in front of the
Tower, which is -- used to be the old Futimara Furniture Store. So.
Commissioner Winton: Commissioner Sanchez, I think that, also, you can't overlook, because it's a
terribly exciting area, and we can't overlook the value of historic preservation for that area. I mean, that's
the selling point. And the public today is looking for alternatives that are different than new tract housing
in West Kendall, and tract housing in Southwest Broward. They're looking for the exciting historical
architecture that we have to offer in the City, and we've got a lot of it in your district there. It's just
chockfull of really fabulous architecture. So as a part of this planning process, I hope we're also looking
24 2/8/01
at how we can assure that we preserve as many of the structures in that area as possible, just like South
Beach did. Could you imagine if the historic preservationists hadn't have taken up the call to save all of
those hotels? They would have torn -- everything would have been torn down, and it would have been
nothing but high-rises, just like they have on South Point. That wouldn't have been South Beach. That
would have been something else. Wouldn't have had near the success that they've been able to attain. So
we've got the same opportunity here.
Vice Chairman Gort: You know, that's the thing that Commissioner Teele has been -- brought it up
constantly. And within our neighborhoods. Even in Allapattah and some of those areas, you have some
beautiful historical buildings that we need to bring back. But I'd also like to give a little credit to the City
and thank the City, because in March, 90 -some condominiums are going to go up on 15th Avenue and 8th
Street with retail on the bottom. It's going to be a mix of retail, and we were involved very much in that.
So I want to thank the City, give a little credit for that, too. Any other item, Commissioner Sanchez?
Commissioner Sanchez: No, sir. Thank you for the time.
Vice Chairman Gort: And once again, a great job, like always.
25 2/8/01
Vice Chairman Gort: District 4, Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. I'd like to address an issue that I'm sure is
on the minds of every people. It's about the Marlins Stadium. And the way it was placed on the
agenda is a discussion concerning the Orange Bowl as a potential site for the proposed Marlins
Ballpark. And the reason that I did this is because we have heard publicly the members of the City
Commission support the stadium. What we don't know is where we stand on the site. We don't
have the information. Just yesterday, we got some information from the Manager on some study
that is being done. We have heard, I think now, about four or five plans. Move Biscayne
Boulevard east, move Biscayne Boulevard west, other sites. We also are eager, waiting for the
Bicentennial Committee recommendation, which is meeting next Saturday and -- this Saturday,
this Saturday, and also, the State, County and City Committee. I think it's important to
understand, and I think we all do, that we are running against the clock here. On February 15, the
letter of intent, signed by Mayor Penelas and John Henry dies, and so the possibility of keeping the
funds that are allocated or proposed to help in the stadium project. After that, according to Mayor
Penelas, himself -- I met with him the day before yesterday -- it would be very difficult to hold
onto those funds, because the Commission may have other ideas and priorities. So I thought that it
was important for this Commission just to throw another idea. And the other idea is to study the
Orange Bowl. The Orange Bowl is a historic landmark, as was the Bobby Maduro Stadium in
Allapattah. The Orange Bowl has 39.85 acres, double the size that you need to build the stadium.
It has the best way to exit and enter that we can think of. I-95, 836, Northwest 7`" Street, Flagler,
8`}' Street, 17', 12', 27th, 22"d Avenue. And also, and the most important, and this is what this
Commission should look into, it has no future. It has no future. It has a beautiful past, a present
that is not that good.
Vice Chairman Gort: Plastic surgery.
Commissioner Regalado: But, you know -- yeah, plastic surgery. And that is precisely what we
have done, Willy, from 1998 to 2000. According to the Manager, we have spent one million, four
hundred and thirty-two thousand dollars ($1,432,000) on repairs on the Orange Bowl. Last week,
the Manager told us that we need to spend half a million dollars for major structural repairs.
Commissioner Teele: Excuse me. Would you yield on that point?
Commissioner Regalado: Sure.
Commissioner Teele: Commissioner, I don't know where you're going on this. I'm very
interested in being attentive and supportive, but I'm concerned now about -- to the Chairman --
about how we're going to manage the order of the day.
Vice Chairman Gort: My --
26 2/8/01
Commissioner Teele: Excuse me, Mr. Chairman. On the agenda, in addition to this item is a full
presentation by the Manager. It's my understanding that presentation is including the Orange
Bowl, and it's going to take about 20 to 30 minutes on the presentation?
Carlos Gimenez (City Manager): Yes, sir, and it does include the Orange Bowl.
Commissioner Teele: And I just would like to inquire of both the Chairman and my colleague,
who has every right to discuss this now, if you would rather discuss this item with all of the other -
- with the presentation on the stadium that's on the agenda under the Manager, or would you like
to just discuss this? Because we're going to discuss the Orange Bowl, in any event, under the
Manager's presentation, as well. But it's your call. But I do think in terms of managing --
Commissioner Regalado: No. Commissioner, I didn't know that we were going to discuss the
Orange Bowl. As a matter of fact, never the Orange Bowl has been discussed as --
Commissioner Teele: I think you're going to be pleasantly surprised, because I happened to see a
graphic that has a beautiful picture of the Orange Bowl and the footprint, as it relates to baseball.
And I thought it was your work. So.
Commissioner Regalado: Commissioner, like always, I'm out of the loop. But --
Mr. Gimenez: No, sir. It was due to the -- when we saw this memo, we thought that it would be a
good idea to include the Orange Bowl, seeing that you had an interest in that. So we did an
analysis on the Orange Bowl, the issues, the positives and negatives about making the stadium at
the Orange Bowl.
Commissioner Teele: If I may make my position, though. I was up to see the Manager on an item
relating to the Marlins Stadium as it relates to the redevelopment area, and the item that I was
concerned about was out of the loop. Your item was in the loop. So I just want to clarify the
record as to who's in the loop and who's out of the loop on this thing.
Commissioner Regalado: I'm just lucky, you know. Don't think that this is a pattern.
Vice Chairman Gort: Gentlemen, don't feel bad. I've been out of the loop on all of them.
Nobody has come to me and explained that -- except I read the report that was sent out by the
Manager.
Commissioner Regalado: I promise you, I promise you, I don't have any problem, and I think it's
important that we hear from the Manager. But just to be clear on the record, and this is the basic
idea. Just let's study this possibility. Mayor Penelas, when I met with him, said that there was
even, that he understood, some support in the County Commission for -- to consider this site,
because he has to depend on the County Commission for funds. And I think that with what we
have now, in terms of land, and with the uses of Miami Sports and Exhibition Authority dollars
that were given by to the County, like in last year, three million dollars ($3,000,000), and I showed
this to Mayor Penelas, and he said that the County will not have a problem at all to get into this
project, to use these funds to build more sports facilities within the Orange Bowl Complex for
27 2/8/01
children -- soccer, basketball, baseball -- during that project. I really think that we should study
this. And the only thing -- I read through the minutes on the Orange Bowl Advisory Board that
Commissioner Sanchez chairs of January 9th, and on this, the committee was told that there was no
structural damage to the Orange Bowl. And now, we know that there was. And I don't know,
Commissioner Sanchez, I'm sure that -- The problem is -- and there were --
Commissioner Winton: Well, Mr. -- I think we need to decide. Are we going to discuss the
Orange Bowl right now, or are we going to discuss it in conjunction with the agenda item?
Commissioner Regalado: We are going -- The Manager, the Manager is going to discuss it.
Commissioner Winton: All right. But --
Commissioner Regalado: But I don't know what the Manager is going to say, so I have to say my
part. And after that --
Commissioner Winton: But you can't say your part during the whole agenda thing?
Commissioner Regalado: After that, I'm ready to discuss it. What I want, and I think that it's only
fair, is that we study that possibility. I don't have any problem with a stadium in other areas of the
City, at all. I think I'm waiting for the State Committee and the Bicentennial Committee
recommendation. But I think that we should include -- because, frankly, we are running against
the clock. And this Commission is not -- should not be blamed for running out the Marlins of the
City of Miami.
Commissioner Winton: By the way, that, that deadline was not a deadline determined by this City
of Miami.
Commissioner Regalado: Absolutely. I understand that.
Commissioner Winton: That was a deadline determined by people outside our realm, in their best
interest, and did not consider the City's best interest at all. And as far as I am concerned, that is
not our deadline.
Commissioner Regalado: Absolutely. So --
Vice Chairman Gort: Gentlemen, the main problem we've had in all these propositions is
everybody is making ideas and coming up with projects without consulting with us. And the final
decision stops here.
Commissioner Regalado: I will defer to hear what the Manager has to say on this issue, and I'll
just wait. But I just want to tell you that I think it's worth looking into.
Vice Chairman Gort: Commissioner Regalado, let me ask you a question. Have you seen the
report by the Manager on the Orange Bowl?
28 2/8/01
Commissioner Regalado: No.
Vice Chairman Gort: OK. Make sure that he gets a copy, and everyone here. Commissioner
Sanchez.
Commissioner Sanchez: I'm going to reserve at least five minutes when we get to the presentation
of the Orange Bowl, because I have a lot of concerns on that matter.
Vice Chairman Gort: Yeah. OK.
29 2/8/01
Vice Chairman Gort: Next item. Commissioner Regalado, you have another item?
Commissioner Regalado: Yes, I do.
Vice Chairman Gort: The NET (Neighborhood Enhancement Team) Office.
Commissioner Teele: Mr. Chairman, while Commissioner Regalado is coming, when I come to my item,
I'm going to need the presence of Jorge Luis, so if the Manager could locate him, I'd appreciate it.
Communications Director.
Commissioner Regalado: We have only praise for the Manager with the new appointments on the NET
Directors. And I think that this is a concept that we should all support, but I'm concerned about several
things. And I'll be brief, because we have so many things to do, and I will defer other particular issues on
this matter. But I think that what we are seeing here is two things: A lack of information of the NET
Office to report to the people, and also, a lack of respect of the NET Office to the elected officials. The
lack of communication and information is as follows -- and I'll be very brief, so we can go on, and then
we can discuss this some other day, or we can discuss it with the Manager or Dennis. There are some
people that were trying to set up adult living facilities in District 4. And as a matter of fact, it's one block
from my home. So some of the neighbors went and requested information from the City. They were not
able to get it. They went to the NET, and they were told that there is nothing that they can do. Some of
the people that went were watching when we approved a resolution here changing the zoning ordinance.
And they didn't know exactly what it was, but they said: Well, you know, we saw something that the City
Commission did regarding ALF (Adult Living Facilities). And the response that they got is: We don't
know what the Commission did, but we know that there's nothing we can do about it. I'm sorry, that's it.
That is something that I think is not proper. The other lack of information is on a separate issue, and I will
discuss that with Dennis and the Manager. And I think that the lack of respect is that -- and I told this to
Frank. A NET Director went to somebody's house and told that person that he shouldn't call the
Commissioner, and the Commissioner doesn't have to do anything with what the NET do, and that
because of that, now, something that can be fixed has to go by the book, and you have to do it, and that
shows you that calling the Commissioner is wrong. So I ask you, Mr. Manager, should the people call the
Commissioner, or ignore the Commissioner?
Carlos Gimenez (City Manager): Obviously, sir, the people should call the Commissioners with any
problems that they have. And there's a process where the Commission relays those problems to the
administration, and we try to handle them the best we can.
Commissioner Regalado: Exactly. But it seems to me that it wasn't done like that.
Mr. Gimenez: If you can give me -- if we can go and you can give me the specifics of the issue, and we
can research the issue, and, in fact, one of our employees did say something like that, they would be
appropriately disciplined for making --
Commissioner Regalado: But you have all the issues. You have all the details. You have all the details.
30 2/8/01
Dennis Wheeler (NET Coordinator): Yes, sir.
Commissioner Regalado: You do.
Mr. Wheeler: Yes, sir.
Commissioner Regalado: We are not going to discuss it in public, as it doesn't -- it isn't worth it, but you
do have all the details, two weeks ago.
Mr. Wheeler: Yes, sir. And I appreciate not talking in public, and I would be more than glad to sit down
with you and discuss the issue.
Vice Chairman Gort: Excuse me. Excuse me, sir, you are --
Commissioner Regalado: No. I don't think that there is nothing to talk to me. I think that there is
something that you need to talk to your people, because that is a conduct unbecoming, and you know that.
Mr. Wheeler: Sir, I'm like the Manager. If there is any NET Administrator out there that shows any
disrespect to you or any of the other Commissioners --
Commissioner Regalado: No, no, no, not to me, not to me. To the people I represent.
Mr. Wheeler: -- or the people that we all represent, I'm prepared to deal with that.
Commissioner Regalado: OK. And --
Vice Chairman Gort: Would you state your name and --
Mr. Wheeler: Dennis Wheeler, Director of NET.
31 2/8/01
Commissioner Regalado: And the last issue is, what is -- how is the process for the sergeant at arms of the
City Commission, Mr. Manager?
Carlos Gimenez (City Manager): At this point, I don't know that there is a process. I believe the
resolution called for the Commission to submit a name to the Police Chief.
Commissioner Sanchez: Which I will do today.
Commissioner Teele: No, no, the resolution --
Commissioner Sanchez: Was there a deadline?
Commissioner Teele: No, the resolution --
Commissioner Sanchez: Hold it. Was there a deadline for that?
Vice Chairman Gort: We asked -- we did not set any deadline. It's up to us to make a decision in here.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: That was not at all -- I mean, I know that Commissioner Sanchez opposed it, and
voted against it, and reduced it from two to one.
Commissioner Sanchez: I supported it, just one instead of two.
Commissioner Teele: But I would strongly object to the Commission naming a sergeant at arms or any --
I mean, that is something, by the resolution, that the Chief of Police, through the Manager's office should
designate the person. That designation should be conferred in private with the Chairman of the
Commission. And that's exactly how the resolution reads, or words to that effect. This is not going to
turn into a political favoritism kind of thing. This is -- this would turn this Commission into a charade.
This Commission has no business, either under the Charter or in fact nominating people to be a sergeant at
arms. It is a police decision. It is a -- this is not something that a Commissioner should get themselves
involved -- overly involved in. Now, obviously, the Manager and the Chief should develop their own
criteria. Maybe you should talk to the Chief of the County and other jurisdictions on the kind of person
that should be selected. Obviously, the Chairman should have the right to accept that person or not accept
that person. But that is a decision under the Charter and under the resolution that does not come from the
Commission. It comes from the Chief and the Manager, and the decision or the discussion is to the
Chairman of the Commission. And that's the only person that should be involved in that.
32 2/8/01
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: OK.
Commissioner Regalado: I'm done.
Vice Chairman Gort: Thank you.
33
2/8/01
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, it gets back to the same issue of standards and where we are as a
City. First of all, Mr. Chairman, very briefly, do we have a written procedure on political activities of
City employees, or conduct, generally, the conduct of City employees?
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: OK. I would ask you, respectfully, or I would move that you be charged with
ensuring that all Commission staff, Mayor's staff and all other City employees be made aware of whatever
that policy is. But we need to be very, very careful about how we conduct ourselves, particularly in the
climate that we're in right now. Now, do I have the right, Mr. Attorney, as a matter of my First
Amendment rights as a Commissioner to recommend the hiring or firing of any employee of the City,
even though I have a First Amendment right?
Alejandro Vilarello (City Attorney): No, sir. The Charter prohibits it.
Commissioner Teele: So there are limits on what the First Amendment allows, consistent with the
Charter, et cetera. I don't speak Spanish very well, but I am advised that today, the Communications
Officer of the City, my good friend -- and I publicly have acknowledged publicly Jorge Luis as a personal
friend of mine -- made references to the Police Department and Elian, and the conduct of the Police
Department in the current, very difficult situation that we're having. Jorge Luis, I just need to know
through the Manager if you've made any statement on radio today, call-in shows, et cetera, relating to the
current situation, in any way tying it to Elian, or in any way condemning the actions of the City of Miami
Police Department.
Jorge Luis Hernandez (Director, Media Relations): Thank you for your words of friendship,
Commissioner. I -- yes, I -- Jorge Luis Hernandez, Director of the Office of Media Relations. I appeared
in a radio program this morning at 7:30 in the morning, The La Poderosa Radio Station, in a program
conducted by Mr. Oscar Asa, who wanted to know my personal opinion regarding the situation involving
the Mayor of Miami. I went to that program expressing that I have been a friend for 25 years of the
Mayor of Miami, that he is a man of honesty and integrity, a good father, a good husband, a good son, and
that he didn't deserve, as a human being, to be put in jail and having to spend the night with common
criminals, like he was yesterday night. In reference to Elian, the conductor of the program asked me if I
thought that this would have political repercussions in the political career of the Mayor. He asked me if I
thought that he had enemies. I said that it was my personal opinion that after the Elian saga, the Mayor, of
course, left enemies behind. At no moment, at any moment I made any reference directly or indirectly to
the conduct of the Miami Police Department. At any moment I mentioned any facts surrounding the arrest
of the Mayor. At any moment, the conduct of the Miami Police Department was referenced or doubted.
As a matter of fact, the director of the program, not me, because as I said, I simply didn't make any
34 2/8/01
reference to the arrest. The director of the program stated that the Miami Police Department didn't have
any other alternative under Florida law but to produce the arrest, and cited and quoted the statements made
by the Miami Police PIO.
Commissioner Teele: I accept that your answer to my question is that you did not in any way suggest that
the Police Department had acted inappropriately or in any way was a retribution against our Mayor in this.
And I accept you, and I've publicly embraced you many times, as I continue to do. But my only issue,
Mr. Chairman and Mr. Manager is this is a very unique period in this City's history. And I think all of the
City employees that are authorized or required as a part of their duty to be speaking need to at least
acknowledge that if there are problems, they need to be brought to you as the Manager. And, you know,
obviously, I asked the question about my right to ask you to hire somebody, because everybody says -- the
first thing that was being said, it's personal. You give up your personal -- some of your personal rights
when you accept the conditions of employment in a job. I can't say certain things, by the Charter, and
neither can you, as an employee, or for that matter, neither can the Police Chief. There are just certain
limits under our Constitution that public officials, even under the First Amendment give up. And the only
thing that I'm cautioning to the Manager is that we need to be very delicate. We need to manage this in a
very, very dignified manner, and we need to refrain from anything that could be said on television or radio
that could be perceived, Jorge Luis, as doing what is being alleged, you know, that was being done. And I
accept your word and your statement. I think it's unfortunate that you would get yourself in that position
personally. But you don't work for me. You work for the Manager. I'm only saying that as a
Commissioner, this is a very difficult period, and I think that the Manager should take every prudent step
to ensure that all internal criticisms are brought to the Management and the Attorney as appropriate, and
that we be very careful in how we conduct ourselves.
Mr. Hernandez: In all fairness to the Manager, Commissioner, a few minutes after I finished my
presentation, my personal presentation in that program, I received a call from the Manager, City Manager
of Miami, advising me as to not to make a personal appearance, no matter if it is in what could be called
my own time at 7:30 in the morning, because I should be 24 hours on call, as the Director of the Office of
Media Relations. So the Manager already advised me as to the proper conduct in reference.
Commissioner Teele: Jorge Luis, thank you very much for -- and Mr. Manager, thank you for allowing
him to explain that on the record.
Mr. Hernandez: Thank you. Thank you, Commissioner.
35 2/8/01
Vice Chairman Gort: Commissioner Teele, do you have any other items? OK. We'll go to Item Number
2. A resolution authorizing the waiving of sealed bids.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second. Any further discussion? Question.
Commissioner Teele: Why are we doing this in this deregulated environment, where everybody doing
everything, and AT&T (American Telephone and Telegraph) and everybody is crossing over with each
other? Why are we locked into this?
Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. Commissioner, this is
the only company that produces this type of crime prevention booklets. We have been using them before.
They provide a whole array of topics dealing with drugs, marijuana.
Commissioner Teele: This is 3-1-1?
Chief Martinez: No, no, this is Item 2. This is Item 2, sir, the purchase of crime prevention booklets.
Commissioner Teele: This is the booklets? Oh, I apologize.
Chief Martinez: Number 2.
Alejandro Vilarello (City Attorney): Commissioner, Item 3 is the item I think you're referring to.
Vice Chairman Gort: Which is a total of how many thousands of books?
Chief Martinez: It's about close to a quarter of a million books, 250,000, to give to all the NET
(Neighborhood Enhancement Team) offices, to keep at the police stations, our community affairs area.
Commissioner Teele: No objection.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state by saying "aye."
The Commission (Collectively): Aye.
36 2/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-114
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
PROCUREMENT OF CRIME PREVENTION PUBLICATIONS FOR
THE DEPARTMENT OF POLICE FROM CHANNING L. BETE
COMPANY, INC., THE SOLE SOURCE PROVIDER, IN AN
AMOUNT NOT TO EXCEED $79,793.35; ALLOCATING FUNDS
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690002, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF JUSTICE'S "GUIDE TO EQUITABLE SHARING."
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
37 2/8/01
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Yes. I'd like to -- Jim Jenkins is here, and we need to confirm his appointment as
the new Executive Director of MSEA (Miami Sports and Exhibition Authority). And I know that he's
been around to try to visit with all the Commissioners, but I think that Commissioner Teele and
Commissioner Sanchez have both recognized this, that the City of Miami has really worked diligently to
upgrade the quality of personnel. And MSEA's Board actually had a search committee that was searching
for a new Executive Director long before I got here. So I was really brought in kind of at the tail end of
the process. So absolutely none of the credit goes to me. It goes to people that were working on this prior
to that. But I would like to read in just a bit into the record a little bit about Jim's background. Jim
Jenkins has had 18 years with the Walt Disney Company in management positions, in the areas of
marketing and brand management. So, you know, that's a big plus for us; developed strategic marketing
and launch plans for multi-million dollar retail dining in the entertainment complex in Downtown Disney.
As Disney's Pleasure Island Village Marketplace Marketing Manager, he developed the business in
marketing and advertising plan, which significantly exceeded revenue projections. He created and
implemented the first Latin Festival, Jazz Festival and Black Music Month Celebration with Vibe
Magazine, generating incremental attendance and market share. And I want to stop with that, because
that's an important component here. Jim has significant experience in the whole entertainment world, and
it's multi -cultural. And his vision for the Miami Arena is to utilize those national contacts and skill sets to
do the same kinds of things at our Miami Arena. He feels very strongly that that can be the primary focus
for really creating a profitable facility that can attract thousands, and thousands and thousands of people
from all of our cultural backgrounds to the City of Miami. And I won't go into the other things, just to
recap by saying that Jim has just fabulous experience in the whole entertainment world, and a long career
with Walt Disney. So I don't think we could have found a better candidate to try to fill the role of
regenerating a viable venue, which is the Miami Arena for all kinds of events. And he's only been on
board for three months, Jim?
Jim Jenkins: Five months.
Commissioner Winton: Oh, my, how time flies when you're having fun.
38 2/8/01
Mr. Jenkins: Yeah.
Commissioner Winton: For five months now. And one of the things he's done -- and you talk about
being able to pay for your salary -- but through his contacts, he created a new initiative for the Miami
Arena, which was to recruit Wendy's to the table, and Wendy's Restaurants used our facility as a
production studio, featuring Dave Thomas. It was a 15- day production. It generated fifty thousand
dollars ($50,000) in revenue for the Miami Arena. It was so successful that we've created all -- He's
already created two more additional production bookings for later this year with them, and looking at
other venues, as well. There's a whole bunch of things that Jim has already done at Miami Arena, which
have already more than paid for his current salary. And he's just getting started. So, Commissioners, I
think that we -- that the committee that originally did the search, I think we found a real gem in Jim.
Mr. Jenkins: Thank you, sir.
Commissioner Winton: And I would like to move the confirmation of Jim Jenkins as the new Executive
Director for the Miami Sports and Exhibition Authority.
Vice Chairman Gort: There's a motion to confirm Mr. Jenkins.
Commissioner Sanchez: Second.
Vice Chairman Gort: There's a second.
Commissioner Regalado: Second. I've got a question.
Vice Chairman Gort: Discussion.
Commissioner Regalado: I met with you, and I think you have extraordinary ideas. I just wanted to ask
you about some funds that were used by MSEA recently, and that according to the board members that I
appointed, they didn't know anything about it, especially two activities. One, for the Three Kings Parade.
Mr. Jenkins: All right.
Commissioner Regalado: And the other one for inner children -- inner City children, something like that,
during Christmas. What was that? I mean, how did the money come about? How much money was
spent? And why wasn't the board kept informed of those expenditures?
Mr. Jenkins: I think the board was -- maybe you came in a little bit late. Sometimes we -- as I understand
it in my short tenure there -- that we get opportunities to do things within the community. And the Three
Kings, for example, was an event that was done in the year prior to that, and as I understand it, it was a
very successful multi -cultural event for the community. And we look at that whenever we're trying to
support these things. We have an Arrowmarks agreement that they support these kind of things if we feel
that it's beneficial for the community, and they support that with a food service. And we do not pay for
that.
Commissioner Regalado: So there was no money at all involved?
39 2/8/01
Mr. Jenkins: There was not any exchange of monies. That was a -- We waived the fee to do it inside the
concourse, which was in the Arena Bowl, and we also let Arrowmarks supply the food.
Commissioner Regalado: But did you --
Commissioner Winton: At no cost.
Mr. Jenkins: The only thing we might have paid for -- and I would have to go back, Commissioner, and
check -- would be tables for guests to sit. Sometimes, we rent tables for that, and sometimes, we use them
for -- use our tables downstairs, if we have enough.
Commissioner Regalado: So you -- if an event is good for the community, MSEA will support it.
Mr. Jenkins: Well, I hope we will, yes, sir.
Commissioner Regalado: In the arena.
Mr. Jenkins: We will certainly do our best, yes.
Commissioner Regalado: It has to come before the board.
Commissioner Winton: It depends on -- you know, we don't ask for Jim to bring all the events that are
coming to the arena for the board, to the board. I mean, that's -- his job is to recruit events to the arena,
and the board absolutely doesn't approve all the events that are coming before the board.
Commissioner Regalado: No. I'm talking, Commissioner, about events -- events --
Commissioner Winton: But if there are significant expenditures, those do have to come for board
approval, absolutely.
Mr. Jenkins: Right. We have a certain line item budget that is dedicated to -- to go outside, for example,
for renting tables or something like that. But the other part of it is usually, if we're not using the facility,
we'll waive that facility if it's good for the community.
Commissioner Regalado: Thank you.
Vice Chairman Gort: Thank you. Any --
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Thank you very much, Mr. Jenkins. I'm really very glad that you're here, and as
I've shared with you by phone several times, I think your resume and your background is commendable.
And unlike what we see going on in the County, let me tell you, I think Miami needs a healthy blend of
40 2/8/01
inward promotions, as we talked about this morning, and bringing in fresh new talent and ideas. And
given everything you've read about Miami, I'm sure, over the last four or five years, you singularly are to
be commended for coming. By the way, does this come with a contract, Mr. Chairman -- Mr. Vice
Chairman of MSEA? Does --
Mr. Jenkins: I haven't officially signed a contract, but it was understood in my discussions with
Commissioner Winton that it would be a year of service. So I'm not --
Commissioner Winton: Yeah, we --
Commissioner Teele: Let me say one thing. I don't want to say you would be a fool, but given the way
things work around here, I would strongly recommend that you have a contract for a year, even though
that does not appear to be before us today. And I certainly -- I believe the City Attorney is your attorney?
Mr. Jenkins: Yes, sir.
Commissioner Teele: I would ask Mr. Maxwell or the City Attorney, and I would ask permission at the
right time --
Vice Chairman Gort: You can amend the motion.
Commissioner Teele: -- to amend the motion to give you a contract.
Mr. Jenkins: I appreciate that.
Commissioner Teele: So that's the good news. Now, this is the bad news: I take confirmations seriously.
I think this Commission traditionally -- and quite frankly, up until very recently, even at the County -- we
give up most of our responsibility as legislators. All we do is whine and complain about what people
don't do, or what they don't do right. And at the time that we legally have the responsibility to vet, to
determine your appropriateness, and to share with you our concerns -- and this is true of any number of
boards and agencies -- we just rubber stamp it, and then we criticize you in the next three months. So I
want you to know that I will support you. But I do want to establish on the record one or two things.
Number one, one of the plans that the Manager will be submitting today is a plan that looks at the arena as
a potential Marlins site. Have you all made any real input on that? And are you comfortable with the
Manager's recommendations, and the advantages and disadvantages of this process in the evaluation of
that site?
Mr. Jenkins: No, sir. I have not been involved in any discussions, other than what I normally get through
regular sources, like anyone else. I would love to have input into any movement involving stadiums, or
the arenas or anything else.
Commissioner Teele: Well, I bring it up because I was there -- contrary to what my colleague was
inferring, that I'm in the loop -- I was there yesterday, because I was out of the loop, as it relates to the
CRA (Community Redevelopment Agency), as Chairman of the CRA. And I recognize -- and I'm going
to say this publicly -- the Manager is doing an outstanding job of trying to deal with six people, at least,
giving ideas and instruction, plus a sundry of folks walking up and down the street giving ideas, plus a
41 2/8/01
bunch of committees. So, I mean, you know, I don't hold the Manager responsible. But I do -- I say to
you, respectfully, as I said to the Executive Director of the CRA yesterday, it's your job to interface with
the City staff, as much as it is the City staff's responsibility to interface with you. And so, I mean, I'm not
criticizing the Manager or criticizing you, but I'm sort of criticizing, I guess, both entities, because if
we're going to hear something about the American -- the old arena, the arena, you should at least be there
to discuss the negative implications and the positive implications, whether you agree with it or not. And
he's not making a recommendation. So I would urge you, number one, to stay around. And number two,
I would urge you to know that this is sort of what I view your job as being, as not somebody that's sitting
back, waiting on everybody to come to you on things. You've got to be proactive as it relates to that
arena. Number two, Commissioner Regalado raised a very important issue, and all of us have heard
different spins on this, but I want to put it right down before you. I do not expect MSEA to become a cash
cow and political funding source for political agendas. I think there is a very clear role for community
service, but I think when I read brochures put out by MSEA that don't even list the MSEA Board on it,
I'm offended on behalf of the board that I appoint, number one.
Commissioner Winton: But Commissioner, by the way, and I take that blame. I didn't help Jim at all in
that regard. I wasn't thinking about it. He was just trying to get a job done. And we've talked about it so
-- and that's really my fault, not his.
Commissioner Teele: Yeah, but he's paid, you ain't. So, I mean, and I appreciate --
Commissioner Winton: He's thinking about it now.
Commissioner Teele: And I'm going to respect you, so I'm going to leave that sort of alone, because
you're obviously offering the good offices -- your good offices to protect him on this thing. But I just
would like to say to you that I do think that the Director is very close to being manipulated and being used
if one elected official's name gets on things and the City and MSEA doesn't get on it. And now, I'm
going to tell you something he -- that the Chairman can't protect you on. And that is, do not use the black
community or the underused -- or the inner City community in a manner in which that it misleads the
public, as a general statement. If you're going to have crab legs, and stone crabs, and Alaskan king claws,
and all of those kind of things, and call it an inner City party, I don't expect for the executives of the
Mayor's office of the City to participate in that, and the people that are supposedly the inner City people
to eat hotdogs. And that's a very, very hot subject with me, because that happened, and you know it
happened at the Christmas party, where we said we're having this inner City, and then we got one party
over here and the real party of a handful of, you know, 40, 50, 60 people over there, under the guise of
inner City. If you want to have a party for the professional staff of the City, or the Mayor's office or
whatever, I have no problem with that. Don't call it an inner City party. And I hope I'm not being petty,
but I think, you know, one of the things that we've got to do is be very careful that we don't use the little
goodwill that we have in trying to do things. The third issue in this area is this: There has been an
ongoing discussion and battle about how MSEA funds can be used outside of MSEA. I would urge you to
listen to the City Attorney, your lawyer, and not the Mayor, not the Commission, respectfully. Obviously,
you're going to listen to the Vice Chairman who is representing us. But the fact of the matter is, is that
this is a legal issue. I think you have a lot more flexibility than we've used. I think it requires two boards
to approve it, one being the County Board of Commission, one being the City Board of Commission. But
I will tell you this: I think there are some creative things that can be done and should be done, but I don't
want you to get in trouble when I start seeing something that's happening in Liberty City or something
42 2/8/01
that's happening in Calle Ocho or this -- that don't really relate to the arena. Fourth thing in this area is
the following, and this is something that I'd like for you to take very close consideration of. Life did not
begin the day that Commissioner Winton went over there or the day you went there. There is a long
history of plans, of things that work, things that don't work, things that have been tried, things that
haven't. I would hope that you would blend your fresh ideas and your fresh energy with some of the
ongoing activities that have been discussed and been planned. A lot of commitments were made by
Mayor Ferre, and Mayor Suarez, long since gone, Mayor Clark, about why that arena was going to be
there and what it was going to do for the community. Unfortunately, it largely didn't meet its
commitments to that community. And that's a very big reason why that arena is viewed as a two hundred
million dollar ($200,000,000) mistake, is because we never really solved a lot of the community problems.
I was appalled to learn that we turned back three million dollars ($3,000,000) last year from the MSEA to
the County, as required under the bond covenant. But have you seen the parking lot that MSEA uses or
the staff uses there? I mean, you know, it would cost roughly a million dollars ($1,000,000) to do that
parking lot right, or probably a million and a half. But we all go there now for the CRA Board meetings.
We all walk through a parking lot. If a private person owned a building like that, the NET (Neighborhood
Enhancement Team) office would be writing them tickets, and writing them fines, and writing them
citations. I don't get it, how we can turn back three million dollars ($3,000,000), and yet not let the
infrastructure that's minimally required, and required by the Code to be a part of the work plan. And so I
realize, you know, that there is a lot. And I know that you're not responsible for any of this, and I salute
you again for coming. But I think there are some basic things that need to take place there at MSEA, and I
really believe that you're the man for the job, and I'm delighted you would come. And I would ask
permission of the maker of the motion to amend the motion to ratify you, and further instruct the Attorney
to develop a contract that is suitable to the MSEA Board -- suitable to the MSEA Board, providing it does
not exceed one year of your full salary and benefits, without any further necessity to come back to the
Commission.
Commissioner Winton: I'll accept it.
Vice Chairman Gort: There's an amendment. You accept the amendment?
Commissioner Winton: Yeah.
Vice Chairman Gort: Does the seconder of the amendment accept the amendment? Yes. Any further
discussion?
Alejandro Vilarello (City Attorney): Mr. Chairman, just to make it clear for the record that this includes
the current salary and terms and conditions of employment that he has at this point.
Vice Chairman Gort: Whatever the contract -- the Vice Chairperson and you all discuss. Any further
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you, sir. Welcome to Miami.
Mr. Jenkins: Thank you so much. Thank you.
43 2/8/01
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-115
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, APPROVING THE MIAMI
SPORTS AND EXHIBITION AUTHORITY'S ("MSEA") BOARD OF
DIRECTORS APPOINTMENT OF JAMES H. JENKINS AS THE
EXECUTIVE DIRECTOR OF MSEA, AT THE TERMS AND
CONDITIONS OF EMPLOYMENT AGREED UPON AT THE TIME
OF HIS APPOINTMENT BY THE BOARD OF DIRECTORS.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
44 2/8/01
Vice Chairman Gort: Item 3. Resolution authorizing the waiver of sealed bids of the provision of the 911.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. Discussion. Any discussion?
Commissioner Teele: Nobody else can provide the service?
Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. Commissioner, this is a
grant that we got to provide this. BellSouth owns the rights to the telephone number, and they currently
are the ones that provide the routing of our 9-1-1 lines. That's why we are recommending BellSouth be
the provider.
Vice Chairman Gort: And I stand corrected. It's 311, not 911. Any further discussion? Being none, all
in favor, state it by saying "aye."
The Commission (Collectively): Aye.
45 2/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-116
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 IHS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF NON -EMERGENCY REPORTING 3-1-1
SERVICES FOR THE DEPARTMENT OF POLICE FROM
BELLSOUTH TELECOMMUNICATIONS, INC., THE SOLE SOURCE
PROVIDER, FOR A PERIOD OF THIRTY-SIX (36) MONTHS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $105,960, PLUS CONTRACT
PREPARATION FEES AND THE COST OF ESTABLISHING
ROUTING SERVICE, IN AN AMOUNT NOT TO EXCEED $30,231
FOR TOTAL AMOUNT FOR THE FIRST YEAR OF $136,191;
ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000,.290201.6.510, IN THE
AMOUNT OF $105,960 ANNUALLY, AND THE COPS 3-1-1
TECHNOLOGY GRANT FUND, ACCOUNT CODE NO.
142029.290521.6.510, IN A ONE-TIME AMOUNT OF $30,231.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
46 2/8/01
Vice Chairman Gort: Item 4. Sole source, the --
Commissioner Sanchez: Another sole source. So move.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
47 2/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-117
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVING THE PROCUREMENT OF AN
FTR GOLD -TM MULTI -CHANNEL DIGITAL RECORDING SYSTEM
FOR THE OFFICE OF THE CITY CLERK FROM BUSINESS
INFORMATION SYSTEMS, INC., THE SOLE SOURCE PROVIDER,
IN AN AMOUNT NOT TO EXCEED $15,000; ALLOCATING FUNDS
FROM THE OFFICE OF THE CITY CLERK GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 220101-840.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
48 2/8/01
Vice Chairman Gort: 4-A. A resolution authorizing the renaming of Spoil Island to Claude Pepper Island.
Commissioner Teele: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: I want to say thank you all. That's a great name for that island.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-118
A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING
SPOIL ISLAND NO. 3, LOCATED IN BISCAYNE BAY EAST OF
MORNINGSIDE PARK, MIAMI, FLORIDA, AS CLAUDE PEPPER
ISLAND; DIRECTING THE CITY MANAGER TO TAKE THE STEPS
NECESSARY TO APPROPRIATELY IDENTIFY THE ISLAND AND
TO NOTIFY THE PROPER GOVERNMENTAL AGENCIES
REGARDING SAID CHANGE.
(Here follows body of the 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
49 2/8/01
Vice Chairman Gort: Number 5, Accion Cubana.
Commissioner Sanchez: It's a personal appearance.
Vice Chairman Gort: Personal appearance.
Gilberto Casanova: My name is Casanova, Gilbert Casanova, 1100 East 10th Avenue. It's in Hialeah,
33010. Everybody, Commission, everybody, Assistant Manager, Department of the City Clerk, my
(unintelligible) my name in the Cuba Action. But last month, the Cuba Action put one paper, my agenda
over there from my friend and I, and United States for maybe 11 years, Mr. Manolo Fernandez. Nice
people and very nice thing. Everybody, people and Commission, everybody, Spanish people in Miami,
remember for Manolo Fernandez. Today in the Cuba Action, recommendation, Department of the City
Hall de Miami, my friends, everybody, people is my friend over here. Long time me in United States.
"Reconocimiento" for my Manolo Fernandez in the Tower, 8th Street, 15th Avenue, and change the
"nombre" for Tower and put it the Manolo Fernandez. Nice people, my friend is nice people. And the
second "historia" impossible number one interest in the front "de Teatro Tower" pedestal, small pedestal
"por Manolo Fernandez." In the Cuba Action, speak in United States long time for my name, no receiving
the money. Same "historia" for my (unintelligible) before in the Tony Izquierdo, 2506. Never me
receiving the money for my money and for my unintelligibble in the Cuba's Action. Today, same story.
Everybody, people, remember for my friend, please. This is my business. Thank you, everybody, people,
thank you.
Vice Chairman Gort: OK. Thank you, Mr. Casanova.
Mr. Casanova: Thank you.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: I know it has to go to a committee. First of all, it's a personal appearance, and
he's asking for two things. One is to rename the Tower Theater to Manolo Fernandez. And the other is
authorizing the installation of a pedestal in front of the Tower Theater with description of Manolo
Fernandez, as a tribute to his values. Now, Mr. Manolo -- Mr. Casanova, Mr. Manolo Fernandez was a
tango singer in the `50s, and later on, he went to Puerto Rico, where he established a nightclub in Puerto
Rico. He was very well known in Puerto Rico. And he's well known throughout our culture for his
contribution to tango. I am very aware and probably shocked at my age knowing who Mr. Manolo
Fernandez is. But to have a name such as the Tower Theater removed to put his, especially a place that
has got so much historical significance such as the Tower Theater, which basically has touched every
ethnic group in this community, being the Commissioner for that area, I could basically put on the record
to say that I could never support that, to take the Tower Theater's name away from that institution. Now, I
don't have a problem, if it's the wish of this legislative body, to direct the City Manager to put a pedestal
50 2/8/01
in front of the Tower Theater recognizing Mr. Manolo Fernandez, or even assisting you in any way that
we can to place a star on Calle Ocho with the program that has just been implemented now, recognizing
the great contribution that Mr. Manolo Fernandez gave to the world of music, entertainment, which he so
deserves. But I am not too thrilled about taking away the name from the Tower Theater, that is something
that is so significant, and holds so much historical value to our community. So I am more than glad to
assist you in, one, your second -- it's not a demand, it's more like a wish list here -- authorizing the
installation of a pedestal in front of the Tower Theater or a star recognizing his great contributions.
Vice Chairman Gort: OK. The procedure, my understanding is --
Commissioner Regalado: Is that a motion? I'll second it.
Commissioner Sanchez: Yeah. The other thing is that we have to talk is about funding. I mean, who is
going to pay for the pedestal in front of the Tower?
Commissioner Winton: He said he would when I talked to him. The other --
Commissioner Sanchez: Well, I want it on the record, Johnny. Sir, who will pay for the pedestal? Who
would pay for it? "Quien paga por poner el monumento?"
Mr. Casanova: Yeah. Manolo Fernandez before in Puerto Rico. Puerto Rico, in the same, in Puerto Rico.
Vice Chairman Gort: Sir, the question is --
Mr. Casanova: Yeah.
Vice Chairman Gort: -- who will pay for the expenses of putting the --
Mr. Casanova: Yeah. My organization, the Cuba's Action responsibility in the money. This is my
business.
Vice Chairman Gort: All right.
Commissioner Sanchez: And so I would make a motion to have the City --
Mr. Casanova: Me no receiving the money.
Commissioner Sanchez: -- the City work with Public Works and the committees that this needs to go
before to assist him in putting a pedestal in front of the Tower Theater. Just the Tower Theater, not --
Commissioner Teele: Asset Management and all of them.
Commissioner Sanchez: Asset Management, and every authority that it needs to go through, every
channel that it needs to go to so it be done. We ask that we support him on the issue.
Vice Chairman Gort: OK. There's a motion. Is there a second?
51 2/8/01
Commissioner Regalado: Second.
Vice Chairman Gort: Second. Any further --
Alejandro Vilarello (City Attorney): Mr. Chairman, does that include a referral to the Cultural and Fine
Arts Board?
Vice Chairman Gort: Yes, all the committees that it has to go through. OK?
Commissioner Sanchez: And that's only for the pedestal.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-119
A MOTION OF THE CITY COMMISSION EXPRESSING ITS
SUPPORT TO MR. GILBERTO CASANOVA, SECRETARY TO
ACCION CUBANA FOR EITHER INSTALLATION OF PEDESTAL IN
FRONT OF THE TOWER THEATER WITH A SCULPTURE OF
MANUEL FERNANDEZ, OR AS AN OPTION, THE PLACEMENT OF
A STAR IN CALLE OCHO SIDEWALK CELEBRITY WALK OF
FAME; FURTHER STIPULATING THAT ALL COSTS OF SAID
PROPOSAL ARE TO BE PAID BY ACCION CUBANA; AND
FURTHER STATING THAT THE COMMISSION DOES NOT
SUPPORT THE RENAMING OF THE TOWER THEATER TO
"MANOLO FERNANDEZ."
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
52 2/8/01
Vice Chairman Gort: Item 6.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion?
Alejandro Vilarello (City Attorney): It's an emergency ordinance.
Commissioner Sanchez: No, wait, hold. This is just what? It's to -- the Code doesn't reflect the current
makeup and mission of the ITB (International Trade Board)?
Commissioner Winton: Well, no. It talks about some responsibility we have over parks.
Commissioner Sanchez: Parks. Which -- and that's the only thing you want to delete from it?
Commissioner Winton: Let's see. Was there one other clean-up issue in here?
Mr. Vilarello: And the appointment --
Vice Chairman Gort: Maintain parks.
Commissioner Sanchez: So it basically just deletes your responsibilities of the parks.
Commissioner Winton: Well, and it cleans up what the normal practice has been here. In addition to that,
it said the Mayor and each Commissioner shall each nominate. And the fact of the matter is that it's only
the Commission that makes nominations to the International Trade Board, not the Mayor. So it cleans that
up, as well.
Commissioner Sanchez: And it will still be -- we'll still have three appointments to that board?
Commissioner Winton: Yes, yes.
Commissioner Sanchez: OK.
Vice Chairman Gort: Any further discussion?
53 2/8/01
Commissioner Winton: And we're out of the park business.
Vice Chairman Gort: Read it. Roll all.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 2, ARTICLE XI, DIVISION 3
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES,
COMMISSIONS, DIVISION 3" TO CORRECTLY REFLECT THE
MANNER BY WHICH MEMBERS OF THE INTERNATIONAL
TRADE BOARD (THE "ITB") ARE APPOINTED AND TO DELETE
REFERENCE TO THE MAINTENANCE OF PARKS AS A
RESPONSIBILITY OF THE ITB'S EXECUTIVE DIRECTOR; MORE
PARTICULARLY BY AMENDING SECTIONS 2-923 AND 2-925 OF
THE CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Teele, and seconded by Commissioner Winton, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
54 2/8/01
Whereupon, the Commission, on motion of Commissioner Teele, and seconded by Commissioner Winton,
adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12019.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
55 2/8/01
Vice Chairman Gort: Item 7 is the 911 Wireless Emergency Communications Act.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second?
Commissioner Sanchez: Johnny, you seconded it last time.
Commissioner Winton: Where are we?
Commissioner Regalado: Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Read it. Read it. Second ordinance -- second reading. Roll call.
56 2/8/01
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "911
WIRELESS EMERGENCY COMMUNICATIONS ACT," BY
ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS
AND AUTHORIZING EXPENDITURES IN THE AMOUNT OF
$379,173.56, CONSISTING OF FUNDS FROM FEES IMPOSED BY
THE STATE OF FLORIDA WIRELESS 911 BOARD, DEPARTMENT
OF MANAGEMENT SERVICES; PROVIDING FOR THE
APPROPRIATION TO SAID FUND OF ANY FUTURE FEES
COLLECTED AND AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID FUNDS AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of January 11, 2001; was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12020.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
57 2/8/01
Vice Chairman Gort: Item 8, second reading ordinance.
Commissioner Winton: Move it.
Vice Chairman Gort: Proposed Cops More 98 Grant.
Commissioner Winton: Move.
Vice Chairman Gort: It's been moved. Is there a second? Is there a second?
Commissioner Winton: This is second reading.
Vice Chairman Gort: Second. Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11759, ADOPTED FEBRUARY 9, 1999, WHICH
ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR
A SPECIAL REVENUE FUND ENTITLED: "COPS MORE 98" BY
INCREASING SAID APPROPRIATION IN THE AMOUNT OF
750,376, CONSISTING OF AN ADDITIONAL GRANT FROM THE
U.S. DEPARTMENT OF JUSTICE FOR THE CONTINUED SUPPORT
OF THE CIVILIAN POSITIONS AWARDED UNDER THE COPS
MORE 98 PROGRAM; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; AUTHORIZING THE CITY
MANAGER TO EXPEND MONIES FROM THIS FUND FOR THE
OPERATION OF THE PROGRAM; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
58 2/8/01
passed on its first reading, by title, at the meeting of January 11, 2001, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12021.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
59 2/8/01
Vice Chairman Gort: Item 9, second reading ordinance. Operation C.A.R.S. Grant.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second. Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11167, AS AMENDED, ADOPTED JULY 14, 1994,
WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"OPERATION C.A.R.S.," TO INCREASE APPROPRIATIONS TO THE
FUND IN THE AMOUNT OF $40,764, CONSISTING OF A GRANT
FROM THE STATE OF FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY; AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY FOR SAID PURPOSE, AND TO EXPEND MONIES
FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE
THE OPERATION OF THE OPERATION C.A.R.S. PROGRAM;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
60 2/8/01
passed on its first reading, by title, at the meeting of January 11, 2001, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12022.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
61 2/8/01
Vice Chairman Gort: Item 10, second reading ordinance. Recycling Appropriation Ordinance. Do I have
a motion?
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Read it. Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"SOLID WASTE REDUCTION: RECYCLING AND EDUCATION
(FY'01)" AND APPROPRIATING FUNDS FOR THE DEVELOPMENT
AND IMPLEMENTATION OF SAME IN THE AMOUNT OF $214,155,
CONSISTING OF TWO GRANTS FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION: (1) A
RECYCLING AND EDUCATION GRANT IN THE AMOUNT OF
$174,155 AND (2) A WASTE TIRE GRANT IN THE AMOUNT OF
$40,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARDS AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR ACCEPTANCE OF THE GRANTS; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
62 2/8/01
passed on its first reading, by title, at the meeting of January 11, 2001, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and
adopted by the following vote:
AYES Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12023.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
63 2/8/01
Vice Chairman Gort: Item 11 is a proposed ordinance amending Section 10-04.
Commissioner Winton: So move.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Thank you. Roll call.
64 2/8/01
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10, ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "BUILDINGS, BUILDING
PERMIT FEE SCHEDULE," WHICH SETS FORTH FEES FOR
BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
(INCLUDING BOILER AND ELEVATOR) INSPECTIONS, PERMITS
AND CERTIFICATES TO: (1) ELIMINATE CERTAIN SERVICES
AND FEES WHICH ARE NO LONGER WITHIN THE PURVIEW OF
THE CITY OF MIAMI, (2) COMPLY WITH PROVISIONS OF THE
SOUTH FLORIDA BUILDING CODE, (3) COVER THE COSTS OF
PERFORMING CERTAIN REVIEWS AND ENFORCEMENT AND (4)
CLARIFY AND MODIFY CERTAIN SERVICES AND FEES; MORE
PARTICULARLY BY AMENDING, REPEALING OR ADDING
CERTAIN SUBSECTIONS TO SECTION 10-4 OF THE CODE;
CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Let me ask you a question. I received some calls the other day, Mr. Lima. Do we
require for a homeowner that wants to paint his house that he needs to pull a permit?
Hector Lima (Director, Building): Hector Lima, Director of the Building Department. Yes. The Code
says that any work where the labor and the material amounts to five hundred dollars ($500), they must pull
a permit.
Commissioner Winton: Well, we need --
Vice Chairman Gort: I'd like to --
Commissioner Sanchez: Wait a minute.
65 2/8/01
Vice Chairman Gort: I'd like to change that, because, let me tell you, in the neighborhoods, some of the
neighborhoods that I represent, it takes a lot for those people to paint. And we try to talk to them, to fix
their house and paint them. And besides that, it's not only the cost of the permit, because I understand it's
a hundred and twenty-eight dollars ($128), it's the process they have to go through. This is very difficult
for these people to pull the permit.
Mr. Lima: Always. It's the South Florida Building Code.
Commissioner Winton: I think it's awful. I think it's a complete -- it's a process that absolutely
discourages people from doing the very thing that we want them to do.
Commissioner Sanchez: I agree.
Carlos Gimenez (City Manager): I agree, and I think the five hundred dollar ($500) figure is probably a
very bold figure, and five hundred dollars ($500) used to go a much longer way when it was -- we could
amend this.
Commissioner Sanchez: But Mr. Chairman, Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: On that point, on that point, now, I agree that we need to come up with some
regulations --
Mr. Lima: Not enough power.
Commissioner Sanchez: -- to control some of the -- I have seen some paintings on properties that really
is disturbing to the neighbors. But that's beside the point.
Commissioner Winton: We can't control that now, though.
Mr. Lima: That's murals.
Commissioner Sanchez: But someone who wants to paint their house, such as myself, who wants to paint
my house, I'll go and buy the paint and all the materials. I come back, and I paint my house. If it goes --
Vice Chairman Gort: (Inaudible.)
Commissioner Sanchez: Well, my house is stone, so I just have to pressure clean it. But what it requires
is for that person to go get a permit.
Mr. Lima: If the amount of labor and material is more than five hundred dollars ($500).
Commissioner Sanchez: More than five hundred dollars ($500).
66 2/8/01
Mr. Lima: Yes. And I need to make this clear. That's in the South Florida Building Code, which can
only be amended by Dade County Commission. OK? I'm sorry. I need to make that.
Commissioner Sanchez: Well, I think that they need to amend that, because that's not fair. It really isn't
fair. You know what? It adds more -- You know what that creates? People breaking laws.
Mr. Lima: I can just shed some light on this. The standard Code will take effect this year, and the South
Florida Building Code will no longer exist. Maybe that requirement will go away with the State Code. I
would have to verify that.
Commissioner Winton: Would you look into it and see what it does?
Vice Chairman Gort: Also, what I'd like to do is, if you're painting your own house, I doubt that you
spend more than five hundred dollars ($500) in paint. I mean, I don't think you spend more than five
hundred dollars ($500). The problem that I had, we had some of the inspectors in Allapattah and in
Wynwood that someone painted their house themselves. They went there and they told them they had to
stop and had to go pull a permit. So this is something you need to talk to your inspectors and instruct the
inspector --
Mr. Lima: It's NET (Neighborhood Enhancement Team). It's NET inspectors.
Vice Chairman Gort: -- the NET inspector, yes. Instruct them that when they see someone that has
painted their house to please check with them and make sure that if they did not expend more than five
hundred dollars ($500) in the paint, they shouldn't be having to pull a permit.
Commissioner Winton: And then give them a medal.
Vice Chairman Gort: Yes, especially in this neighborhood. OK?
Commissioner Winton: Not a fine.
Commissioner Sanchez: But see, Johnny, Johnny, it's hard enough --
Commissioner Winton: I know.
Commissioner Sanchez: -- to get people to fix up their properties. OK? And now, you're adding -- well,
it's not us, it's the County -- that they have to go pull a permit for more than five hundred dollars ($500)
on paint. I mean you go -- If you paint your house and you really -- you go out and get the primer, you
buy all the equipment, that's more than five hundred dollars ($500). So now I have to -- and I'm using
myself as an example. Now, I have to go over and get a permit, which adds another barrier. You know,
what people are going to do is -- you know, that really puts people in a situation where people are just not
going to go get a permit.
Commissioner Winton: Well, frankly, it costs more sometimes for the permit than it does the paint for the
house, and that's awful in there poor neighborhoods.
67 2/8/01
Commissioner Sanchez: Well, that's another point. How much is the permit to paint my house?
Vice Chairman Gort: A hundred and twenty-eight dollars ($128).
Mr. Lima: Yes that is correct.
Commissioner Sanchez: A hundred and twenty-eight dollars ($128) to paint a house. That's highway
robbery.
Mr. Lima: And the building permit part is sixty-three dollars ($63).
Commissioner Sanchez: That's why people want to reduce government, because all we do is, we create --
Mr. Lima: The solid waste fees, and et cetera.
Commissioner Winton: What did you say, Hector?
Mr. Lima: The building part, the building portion of that hundred and twenty-eight dollars ($128) is sixty-
three dollars ($63).
Commissioner Winton: Oh. But the total fee is a hundred and twenty-three.
Mr. Lima: It's a hundred and twenty-eight.
Commissioner Sanchez: Because that's -- they throw everything else, Johnny. Listen.
Vice Chairman Gort: We have to instruct inspectors, and let's see what we can do about this. But mainly,
I don't know how large or how big is Commissioner Sanchez' house, but I know most houses in my
neighborhood would take less than five hundred dollars ($500) in paint to go ahead and do it. So --
Commissioner Sanchez: Not if you do a good job.
Vice Chairman Gort: I think it's important --
Commissioner Winton: Well, Hector --you're going to look at the new Code --
Mr. Lima: Yes.
Commissioner Winton: -- and come back to us, and let us know what the new Code that supersedes South
Florida Building Code says about --
Mr. Lima: The latest draft is now available through the Internet, and we're getting that.
Commissioner Winton: OK. Thank you.
Mr. Lima: All right.
68 2/8/01
Commissioner Winton: Mr. Chairman, could I make a comment on what we just approved here? Because
I think that my colleagues on the Commission and the staff really need to congratulate themselves,
frankly, because there's a lot of problems in these arenas around other municipalities in our great County
here, and I think that under the leadership of this Commission, in support of staff, I think they're really
working hard to figure out how we can do a better job for all of our constituents, and to create a better
City. And so I think that -- I think, you know, I just want to congratulate and thank all of you all for the
leadership you're providing staff and giving them the "oomph" to move forward and make these kind of
recommendations that come up here. It's going to -- we're going to have a -- We're going to have -- the
City of Miami is going to be the City that's recognized in the not too distant future as the real leadership
of this entire County.
Commissioner Teele: As what?
Commissioner Winton: The real leadership for the entire County.
Vice Chairman Gort: The leadership of this town. And that's the name. Let me tell you, we inherited a
lot of problems, and we have been able to solve it, and we continue to do so. Mr. Gonzalez, you want to
make a statement?
Angel Gonzalez: Mr. Chairman, Mr. Commissioners, may I address the Commission in reference to the
painting permits?
Vice Chairman Gort: Go ahead.
Mr. Gonzalez: OK. Angel Gonzalez, 3641 Northwest 15th Street. I believe that asking for contractors to
pull a permit or for homeowners to pull a permit to paint their house is nothing more than imposing
another fee into the property owners.
Commissioner Winton: Commissioner -- excuse me. Mr. Chairman, we've been through this. The
Director is going to look at the new -- not the South Florida Building Code, but the replacement Code to
find out what that Code says about painting houses. I don't see any reason for us to go back through what
we just went through here. So we got a lot to do here.
Vice Chairman Gort: I know, I understand. But you have to let the public --
Commissioner Winton: No, we don't.
Vice Chairman Gort: Johnny, unfortunately, if you ask the Attorney, we have to let the public speak.
Commissioner Winton: The issue is already passed.
Mr. Vilarello: This is a public hearing for the adoption of this particular ordinance, and there should bed
some permitted public discussion.
Commissioner Winton: Well, never mind.
69 2/8/01
Vice Chairman Gort: Go ahead, sir.
Mr. Gonzalez: The only thing is that we have heard a lot of complaints in reference to painting permits.
And the reason the people are complaining about it is that the Building Department, it is acceptable that
you have to pull a permit for plumbing, for electrical, for framing, for roofing, for whatever, when it
requires an inspector to go out to the premises and inspect the work, and make sure that the work is done
within Code. But I hope that the building official can tell this Commission if when you pull a painting
permit, any inspector goes out to your house to inspect the house and see if you did the pressure cleaning
the proper way, if you will fill in the cracks the proper way, if you seal your windows the proper way.
There is no inspection. All we're doing, all the citizens are doing is paying another fee to the City of
Miami to be able to paint their house and make this City look more attractive and more decent. And
really, that should be considered. And also, I understand, and I read the Code, and there is nothing in the
South Florida Building Code that says that you have to pull a permit to paint your house. Thank you very
much.
Commissioner Winton: Yes, there is.
Vice Chairman Gort: Yeah. Thank you.
Commissioner Sanchez: Is that true?
Commissioner Winton: No.
Mr. Lima: Hector Lima. No, it is not true. The South Florida Building Code does not specify what type
of work is being done, except in the trades. But under the building permits, it does not say whether it's
painting or whatever else you're doing. It's an amount of money, and that's the only requirement.
Vice Chairman Gort: Anything above five hundred dollars ($500), they have to pull a permit, be it
painting, whatever they're going to do. Doing the grass or creating new yards, or if you're going to --
landscaping also, right?
Mr. Lima: That is correct. And tree removal, too.
Vice Chairman Gort: Anything above five hundred dollars ($500), they have to pull a permit. So that's
some of the changes we need to do. OK.
Commissioner Sanchez: You said it expires next year?
Mr. Lima: The Code will take effect now in October 1St of this year.
Commissioner Sanchez: So it takes effect this --
70 2/8/01
Mr. Lima: Yeah. It started in January of this year. It was moved to July 1St, and now it's on October Pt
Commissioner Sanchez: Well, that's absurd.
Vice Chairman Gort: OK. That's the new Building Code. Thank you, sir.
Mr. Gonzalez: Thank you.
71 2/8/01
Vice Chairman Gort: OK. Item 11. Did we move on 11 already?
Commissioner Winton: Yes. That's what we just did.
Walter Foeman (City Clerk): It's Item 12.
Vice Chairman Gort: Item 12.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. There's a second. Any further discussion? Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"DERELICT VESSEL REMOVAL GRANT PROGRAM FUND," AND
APPROPRIATING FUNDS IN THE AMOUNT OF $48,687.58,
CONSISTING OF A GRANT FROM THE FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION; AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF
THE GRANT; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
72 2/8/01
Vice Chairman Gort: Item 13.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's a resolution. Any further discussion? They complied with all the requirements?
John Jackson (Director, Public Works): Yes, they have. John Jackson, Director of Public Works. Yes.
Commissioner Sanchez: Mr. "J."
Vice Chairman Gort: Thank you, sir. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-120
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED JOHNTA
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI,
SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND
STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI -DARE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
73 2/8/01
Vice Chairman Gort: Emergency action to repair the ceiling of African Square Park.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-121
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5Tx) AFFIRMATIVE VOTE RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
AUTHORIZING THE REPAIRS TO THE CEILING OF THE AFRICAN
SQUARE PARK RECREATION BUILDING FOR THE DEPARTMENT
OF PARKS AND RECREATION FROM JMC DEVELOPMENT
GROUP, INC., IN AN AMOUNT NOT TO EXCEED $13,265;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT
NO. 331053, AS APPROPRIATED BY THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
74 2/8/01
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
75 2/8/01
Vice Chairman Gort: Item 15. Resolution of City of Miami Commission authorizing the-- Mr. Attorney.
Alejandro Vilarello (City Attorney): I'm sorry. On Item 15, Commissioners, this is retaining outside
counsel to represent Kevin McKinnon, who is a lieutenant in our Police Department. And it arises
because of a conflict of interest in the City's position in this case, and Lieutenant McKinnon's case. So
our office is prohibited ethically from representing both.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
76 2/8/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-122
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION
OF KEVIN MC KINNON IN THE CASE OF MARILINE PENN V. LT.
KEVIN MC KINNON, IN THE U.S. DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, CASE NO. 97 -160 -CIV -GOLD,
IN THE AMOUNT OF $75,000 PLUS COSTS AS APPROVED BY THE
CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515001.624401.6.652, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
77 2/8/01
Note for the Record: Commissioner Regalado exited the Commission Chamber at 11:24 a.m.
Vice Chairman Gort: Item 16.
Alejandro Vilarello (City Attorney): This is with regard to the same case, and it refers to the
representation of the City. And there is a new resolution on your agenda. The law firm's name is
O'Connor and Meyers, and it's in the representation of the City of Miami in the case, in the same case as
Item 15.
Commissioner Teele: So move, Mr. Chairman, as amended now and under the new resolution relating to
O'Connor and Meyers.
Commissioner Winton: Second.
Commissioner Sanchez: And so does that have a number? Because mine doesn't have --
Mr. Vilarello: I'm sorry; it's twenty thousand dollars ($20,000), yes.
Vice Chairman Gort: Twenty thousand. OK. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: As amended.
78 2/8/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-123
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
O'CONNOR & MEYERS, P.A. FOR REPRESENTATION OF THE
CITY OF MIAMI IN THE CASE OF MARILINE PENN V. CITY OF
MIAMI AND LT. KEVIN MC KINNON, IN THE ELEVENTH
JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 00-28729 CA (02), IN THE AMOUNT OF
$20,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.624401.6.652, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
79 2/8/01
Vice Chairman Gort: 17 is yours.
Alejandro Vilarello (City Attorney): Item 17 is a similar matter. We actually tried this case, and as a
result of the jury verdict in this case, it created a conflict of interest between the representation of the City
and Officer Profit, and this is to retain counsel on behalf of Officer Profit.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any discussion? Being none, all in favor, state it by saying
66aye.
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-124
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION
OF THE CITY OF MIAMI IN THE APPEAL OF CITY OF MIAMI V.
GREGGORY AND KATHLEEN LANGSETT, U.S. COURT OF
APPEALS, ELEVENTH CIRCUIT, CASE NO. 00-160-16078J, IN THE
AMOUNT OF $40,000 PLUS COSTS AS APPROVED BY THE CITY
ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.624401.6.652, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
80 2/8/01
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
81 2/8/01
Vice Chairman Gort: Acceptance of property on Claughton Island.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
82 2/8/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-125
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING A WARRANTY DEED, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT
A" (THE "DEED"), FROM SWIRE PACIFIC HOLDINGS, INC., A
DELAWARE CORPORATION, SWIRE BRICKELL THREE, INC., A
FLORIDA CORPORATION, AND SWIRE BRICKELL KEY HOTEL,
LTD., A FLORIDA LIMITED PARTNERSHIP (COLLECTIVELY, THE
"DEVELOPER"), FOR THE CONVEYANCE OF APPROXIMATELY
20,325 SQUARE FEET OF REAL PROPERTY, MORE
PARTICULARLY DESCRIBED IN THE DEED (THE "PROPERTY"),
TO BE USED FOR PUBLIC PARK PURPOSES, SAID CONVEYANCE
TO BE SUBJECT TO A DECLARATION OF COVENANTS,
RESTRICTIONS AND RESERVATIONS, IN SUBSTANTIALLY THE
FORM ATTACHED HERETO AS "EXHIBIT B," WHEREBY THE
DEVELOPER (1) RESERVES THE RIGHT TO IMPROVE THE
PROPERTY AS PART OF THE OVERALL DEVELOPMENT; (2)
RESERVES THE RIGHT TO USE THE PROPERTY IN CONNECTION
WITH THE DEVELOPMENT OF THE MARINA; (3) RESERVES THE
RIGHT TO USE THE PROPERTY FOR UTILITY AND OTHER
PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS; AND (4) RESTRICTS THE USE OF THE PROPERTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINDER
TO THE DECLARATION OF COVENANTS, RESTRICTIONS AND
RESERVATIONS, AND SUCH OTHER DOCUMENTS AND
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, THAT MAY BE NECESSARY TO CONSUMMATE THE
ABOVE TRANSACTION; CONDITIONING SAID ACCEPTANCE
AND AUTHORIZATION UPON THE DEVELOPER PROVIDING
TITLE INSURANCE AND INDEMNIFYING AND PROTECTING
AND HOLDING THE CITY HARMLESS AS MORE PARTICULARLY
SET FORTH HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
83 2/8/01
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Attorney, I thought this was supposed to come back to us in January. This was
that big deal we had in December?
Alejandro Vilarello (City Attorney): Yeah. Commissioner. It, in fact, did come back to you at a prior
Commission meeting. However, the documents were not in an acceptable form, and it was deferred to this
meeting.
Commissioner Teele: Does this still have to go to the Florida Cabinet?
Mr. Vilarello: Yes, sir.
Commissioner Teele: It does.
Vice Chairman Gort: OK. Did we vote on it?
Commissioner Winton: Yes.
Vice Chairman Gort: OK.
84 2/8/01
Note for the Record: Commissioner Regalado returned to the chambers at 11:26 a.m.
Vice Chairman Gort: Item 18, Virginia Beach Park Trust.
Commissioner Teele: Now, do we have the three names that are being proposed by the members?
Walter Foeman (City Clerk): No. We do not have the at -large names. We don't have that.
Vice Chairman Gort: I thought we did.
Mr. Foeman: But we -- you have to make five appointments. Each member of the Commission has to
make one appointment.
Commissioner Teele: No, doesn't work like that. They give us the five -- the three names first.
Mr. Foeman: Well, as far as the Virginia Key Trust, that's for the three at -large appointments. And we
don't have those names, because those names were supposed to evolve out of the Virginia Key
Committee, as well as the newly formed trust. They're supposed to proffer those names for confirmation.
Commissioner Regalado: They did. They did, in a letter that they sent. They sent it to me, I know.
Mr. Foeman: OK.
Commissioner Teele: They've proffered three names, haven't they?
Mr. Foeman: I don't have the three at -large names myself.
Commissioner Teele: My view, Madam Attorney, Mr. Manager, is we should ratify the three names
before we make the appointments. I mean, otherwise, you know, it's a question of, "Who's going first?"
And I wouldn't want to appoint somebody that's not coming forward. I mean, it seems to me that we
should require, or we should ask them to give us three names for confirmation. Once we get those three
names, we can look at diversity issues, gender issues, representation issues.
Commissioner Winton: I'm confused. How is the thing working? I forgot.
Commissioner Teele: What we're doing is, we're moving from an advisory committee to a trust. The
trust will -- the membership of the trust will be of the -- whatever number of members of the advisory
committee -- 17, 15 members of the advisory committee. They are to select three members from among
those existing advisory board members to be on the trust. We will confirm those names. And then we
will each appoint one person, for a total of six people. Six plus three is nine.
Commissioner Winton: OK.
85 2/8/01
Mr. Foeman: Right. Plus the Mayor's appointment.
Commissioner Teele: Huh?
Mr. Foeman: Yeah. Yeah, plus the Mayor's appointment.
Commissioner Teele: No. Six.
Mr. Foeman: Six in total. Five from the Commission --
Commissioner Teele: Yeah, six plus three. Not plus the Mayor's appointment.
Commissioner Winton: Right. You said it right, Commissioner Teele.
Commissioner Teele: Six -- it's five of us.
Commissioner Winton: Because the Mayor is the sixth.
Mr. Foeman: Mm-hmm, right. Five plus one.
Commissioner Teele: The Mayor is the sixth.
Mr. Foeman: Right.
Commissioner Teele: Like five plus one.
Mr. Foeman: Exactly.
Commissioner Teele: Six.
Mr. Foeman: OK.
Commissioner Teele: Do we have the names of the three? Have they been --
Mr. Foeman: We have never formally received the three names. Maybe Mr. Tinney is here and he wants
to address it, but we haven't received those three names yet.
Albert Ruder (Director, Parks & Recreation): Commissioner, Albert Ruder, Parks Director. Is there any
way this could be taken up a little bit later? Because I don't know where Mr. Tinney is. I saw him earlier.
Commissioner Teele: Yeah, but the point here is this: There is nothing, really, for us to take up until we
get those three names.
Maria Chiaro (Assistant City Attorney): Those three names have been submitted. Either Mr. Tinney or
the departments have the documents. But I know that the committee did select those three names.
86 2/8/01
Commissioner Teele: Then why don't we bring it back up and confirm those three names. Once those
three names are done, then I would move that each Commissioner make his appointment, and be given
leave to file the name with the Clerk, if that will expedite things. But I don't think we can make our
appointments until we know which of the three names have been selected, because we probably are going
to all try to appoint somebody from off of the existing advisory committee, at least that's what intend to
do.
Commissioner Regalado: But -- excuse me. They sent the three names, at least that's what I read in the
letter that I got.
Commissioner Winton: But they don't have them right now. He's lost them. He's misplaced them.
Mr. Foeman: I personally don't have them. I haven't seen them.
Commissioner Teele: Well, let me read them into the record. This is a memo from the Virginia Key
Advisory -- Park Advisory Board, dated January 3rd. It's to the Mayor and Commission from the -- and
the subject is nominees. The three at -large nominees selected at the special Commission of the advisory
board on Wednesday, December 20th are Ms. Athalie Range, Ms. Eunid Pickney and Ms. Eugenia
Thomas. All three were members of the advisory board, selected because of their firsthand knowledge of
the Virginia Key history, and their long-awaited involvement -- commitment to community service. I
would so move those three names.
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: I'm sorry, could you repeat the names again?
Commissioner Teele: Ms. Athalie Range, Ms. Eunid Pickney. Ms. Pickney is also the chairman of the
Citywide or Countywide Historical -- what is the proper term?
Mr. Foeman: Dade Heritage Trust.
Commissioner Teele: Dade Heritage Trust. So she's sort of wearing two hats.
Vice Chairman Gort: Right.
Commissioner Teele: But she's the chairman of the Dade Heritage Trust. And Ms. Eugenia Thomas, who
is the widow of the late Judge Thomas, who was the first African-American appointed by a Judge in the
entire south, and he was appointed by the City of Miami. And they also donated land to the City, as well.
Vice Chairman Gort: So you're nominating these to be the three at -large by the Commission?
Commissioner Teele: I would move to confirm the nominations that have been submitted.
87 2/8/01
Vice Chairman Gort: OK.
Commissioner Winton: And it's been seconded.
Commissioner Sanchez: Has Richard Townsend been -- has Richard Townsend?
Mr. Foeman: Richard Thompson?
Commissioner Sanchez: Townsend. Townsend.
Mr. Foeman: We don't have any --
Commissioner Sanchez: He's on the list.
Mr. Foeman: We don't have any appointments as of yet for the trust.
Commissioner Sanchez: He's on the list.
Commissioner Teele: Well, OK. You can -- once we do these -- these are the three that are submitted for
confirmation. And so what -- my motion is simply to confirm the three at -large members, as
recommended by the Parks Advisory Board.
Commissioner Winton: Call the question.
Commissioner Sanchez: Call the question.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-126
A MOTION APPOINTING ATHALIE RANGE, ENID PICKNEY AND
EUGENIA THOMAS AS MEMBERS (AT -LARGE) OF THE
VIRGINIA KEY BEACH PARK TRUST.
88 2/8/01
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Regalado: I have an appointment.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Appointment for the Virginia Key Beach Trust, Miguel Germain.
Vice Chairman Gort: OK.
Commissioner Regalado: The same person that was on the advisory board.
Vice Chairman Gort: Correct. Commissioner Teele, do you want to make your appointment?
Commissioner Teele: I would nominate Bernice Sawyer.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Richard Townsend.
Vice Chairman Gort: Richard Townsend, OK.
Commissioner Sanchez: No, not "Tonsend," Townsend.
Commissioner Teele: Professor at Miami -Dade Community College.
Commissioner Sanchez: The community college.
Mr. Foeman: He was a former at -large appointment.
Vice Chairman Gort: OK. Commissioner Winton.
Commissioner Winton: Mark Walters.
89 2/8/01
Vice Chairman Gort: And I would nominate Maud Newbold. Do I have a motion to --
Commissioner Teele: So move the names.
Commissioner Sanchez: Second.
Vice Chairman Gort: And seconded. Any further discussion? Being none, all in favor, state it by saying
aye.
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-127
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY
BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
90 2/8/01
Vice Chairman Gort: Downtown Development Authority. I have a request to confirm the board of
directors' appointment of Mr. Matthew Gorson.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor, state it by saying
Commissioner Teele: I would only ask -- Mr. Chairman, you serve as a member of that board -- I mean
you serve as Chairman of that board; is that correct?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: And this person is of suitable background for your --
Vice Chairman Gort: This person meets all the requirements that we're asking of the board members.
And one of the new things that we do before board members were approved, by a process with the -- they
would send their resume. And what we have done now is we have a nominating committee that will sit
down with the individuals. And this individual, we met with him about three months ago. And we tell
them what we request, and the need, and the expertise that we expect from them, and the amount of time
that they need to dedicate, because one of the things we do, very strict, you miss three meetings, you're
out. And we have the commitment of this individual. We're going to have some other appointments
coming up in the future.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I have said this time and time again. I'm going to say it. I don't have a solution. I
don't have a recommendation. I think diversity is very important. I've asked publicly, I've asked
privately of the Manager, and I want to state it again now. I believe that if there's any funds available for
capital, for the improvement of the City, I believe that the first priority should be in the downtown area,
over any other area in the City. I mean, I think it's very important that we support the report that you've
provided us, as head of the DDA (Downtown Development Authority) and that, and I think the best way
to support that is with dollars. Now, having said that, I think it is very important that the DDA be
reflective of this culture and this community. And I'd like to ask on the record, are there any African-
American members of the DDA?
91 2/8/01
Vice Chairman Gort: Yes. There used to be two. Unfortunately, one of them was -- we had to let go,
because they missed the meetings. At this time, there's still one African-American still left, who's very
active and a very good board member.
Commissioner Teele: May I inquire as to who that person is?
Vice Chairman Gort: Al West.
Commissioner Teele: Alvin West?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Representing the Chamber -- I mean the Greater Miami --
Vice Chairman Gort: Yes.
Commissioner Teele: I just think -- and I know -- Do we have -- We have at least one woman on the
board?
Vice Chairman Gort: We have about four.
Commissioner Teele: Four? OK.
Vice Chairman Gort: Remember, I have six at home, so I'm very pro -woman. Believe me, if I don't do
that --
Commissioner Teele: Well, I just think --
Vice Chairman Gort: No, I understand.
Commissioner Teele: -- that as we talk about trying to get more resources, and whether those resources
are under the auspices of the DDA or transferred to the DDA is something, you know, we can work
through. But I want to be very, very clear that I think we owe it to the DDA Board and those people who
are investing in downtown, we owe it to you, as Chairman of the Board to make a substantial capital
commitment this year to downtown. But I just would hope that it could be -- the board could be as
reflective of the community as the requirements of the by-laws require. And anybody can be a member of
this board if they own land or property, or have a --
Vice Chairman Gort: Or represents someone.
Commissioner Teele: Or represents someone that does. So that's a very real impediment on one hand.
But on the other hand, it represents, I think, the kind of challenge that you have shown under your
leadership that we're able to deal with.
Vice Chairman Gort: We also have a category where four could be at -large, because of the expertise and
the work that can be provided. And we just finished interviewing three very good candidates, and we'll be
92 2/8/01
bringing some more, because, like I told you before, if they're not active, they get out. OK? Do I have a -
- all in --
Commissioner Teele: Mr. Chairman, thank you very much for answering my question.
Vice Chairman Gort: Thank you. Also, at the same time, I just finished getting the report of the study
that has been done of what needs to be done in downtown Miami. And if you all recall, we requested that
the staff would come back and let us know. We were trying to create the incentive, which would be very
important for Commissioner Sanchez' workshop that we're going to have, that seminar that we're going to
have, to have that information available, so we can tell the people not only the economic but technical
assistance that we can give them.
Dena Bianchino (Assistant City Manager): We're prepared to bring those recommendations back at the
next meeting, if that's what you would like.
Vice Chairman Gort: Yes. Thank you.
Commissioner Teele: Call the question.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Thank you.
93 2/8/01
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-128
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A
MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY FOR A TERM AS DESIGNATED
HEREIN.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
94 2/8/01
Vice Chairman Gort: Item 21.
Commissioner Teele: This is Item 20 now.
Walter Foeman (City Clerk): Item 20.
Vice Chairman Gort: 20. Commercial Solid Waste.
Commissioner Sanchez: We'll defer.
Commissioner Teele: Mr. Chairman, let me -- Commissioner, we're going to defer this item. But to the
City Attorney, in the workshop, the retreat, which was very well done by the Manager, we didn't resolve
anything, but we said at the next Commission meeting, we would discuss sun -setting all these committees.
And there's also an issue about committees that wind up being industry committees. At the appropriate
time, as a pocket item, or as a discussion item, Madam Attorney, would you prepare a resolution for me,
instructing the Manager and the Attorney to present within 60 days the sun -setting -- a schedule to sunset
all committees of the City boards, committees and commissions of the City of Miami over a four-year
period of time, and to present to us a schedule for all of those committees, to be completed the first year
by December of this year. In other words, all committees have got to stand on their own and justify why
they're there. That doesn't mean they're going out, but we're going to put a sunset date on them, and we
can discuss it. I mean, all I'm doing is asking the Manager and the Attorney to come back within 60 days
with a plan to sunset them all over a four-year period, maybe a five-year period, you know. And that way,
we get to look at -- Commissioner Winton's suggesting maybe even two years. I think you need at least
three years to four years to do it fairly, because what you wind up doing is just trying to look at all these
committees at once. But I would ask you to prepare that as a resolution to come back this afternoon,
because this is an example of the kind of committee that probably should be here, but we probably ought
to sunset it at some point, because we don't need to -- it's staff time, it's everything, and we don't need to
just go on, and on and on. And our rule should be all committees sunset after one year of creation unless
they're specifically extended. And then we should say, like with the Virginia Key Trust, we should not
commit -- we should not create a committee unless it has a sunset date in it.
Commissioner Winton: Here, here.
Vice Chairman Gort: OK. So we'll bring this back this afternoon.
95 2/8/01
Vice Chairman Gort: And we'll go to 21. We have the Equal Opportunity Advisory Board. We each
have to re -nominate. Commissioner Winton.
Commissioner Winton: I have none to make.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Dr. Pierre would be one of my nominations.
Vice Chairman Gort: OK. Commissioner Sanchez.
Commissioner Sanchez: Sam Mason, being one of mine.
Vice Chairman Gort: Do we get two?
Walter Foeman (City Clerk): Yes.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Rosa Kasse and Alan Morley.
Vice Chairman Gort: And I would like to nominate Johnny Matthews and Miriam Urra.
Commissioner Teele: Second the motion and would move to confirm the following appointments made
by union representatives as printed: Henry Harrison by the Miami Association of Fire Fighters, Jessica
Angel from AFSCME (American Federation of State, City and Municipal Employees), Viona Browne by
the Fraternal Order of Police.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. It's been moved and seconded.
Mr. Foeman: Excuse me, Mr. Chairman, could we also include in there the four-fifths waiver for Rosa
Kasse?
Vice Chairman Gort: Let's vote on this first.
Commissioner Sanchez: Yeah.
Mr. Foeman: Yeah. That was Commissioner Regalado's nomination.
Vice Chairman Gort: I understand. Could we vote on this first, or we need the four-fifths first?
96 2/8/01
Mr. Foeman: No. I mean, we can include it in the motion, if you care.
Vice Chairman Gort: OK. Motion to accept Rosa Kasse with a four-fifths, as a non-resident of the City
of Miami.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-129
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL
OPPORTUNITY ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
97 2/8/01
Vice Chairman Gort: Item 22, Code Enforcement Board. Commissioner Sanchez has one nomination.
Commissioner Sanchez: David Gonzalez.
Vice Chairman Gort: And the Commission at large has two appointments that are presently held by Paul
Debesa and Anthony August. They've done a great job, both, is my understanding.
Commissioner Regalado: I'll move for Paul Debesa.
Vice Chairman Gort: How about Mr. August?
Commissioner Winton: I think that he's had some serious trouble with attendance, and I don't think we
want to re -nominate him. We need to find someone else.
Vice Chairman Gort: OK, Mr. Paul Debesa. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Paul Debesa, second. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
98 2/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-130
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS A REGULAR MEMBER AND AS
ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
99 2/8/01
Vice Chairman Gort: Item 23, Performing Arts Center Trust.
Commissioner Winton: Mr. Chairman, this is a recommendation from the trust, and not from the City. I
don't think the individual here -- this is for -- let's see, let me make sure.
Commissioner Teele: Well, Commissioner, this City has one at -large appointment.
Commissioner Winton: Correct. And I don't think this individual even lives in the City.
Vice Chairman Gort: No. We have three at large.
Walter Foeman (City Clerk): You have three at large, and only one vacancy at this time.
Vice Chairman Gort: There's one vacancy at this time.
Commissioner Teele: And we promised, we promised that we would get diversity, because we've had the
same three people, apparently, for the last ten yeas. Is that a fair statement?
Mr. Foeman: Well, Mr. Courtney, who is the vacant position, has served there about eight years.
Commissioner Teele: And who are the other two people that are there?
Commissioner Sanchez: Ruth Greenfield and Fred Joseph.
Mr. Foeman: Ruth Greenfield and Fred Joseph.
Vice Chairman Gort: Fred Joseph and Ruth Greenfield.
Commissioner Teele: And the commitment was, is that we would get some diversity from the African-
American community on that board. And I would ask that it be deferred to the next meeting, the next
regular meeting, which is the 22nd, and we give this some real consideration.
Commissioner Winton: I'll second the motion.
Vice Chairman Gort: It's been moved and seconded. We ought to defer.
Commissioner Teele: But I think the person should live in the City of Miami.
Vice Chairman Gort: Right.
Commissioner Teele: And I think the person should have some commitment to the arts and culture, et
cetera.
100 2/8/01
Vice Chairman Gort: OK. Community Relation Board.
Commissioner Winton: Don't we need to vote on that motion?
Commissioner Teele: On the motion to defer. We've never voted.
Vice Chairman Gort: It's automatically deferred. We don't need to vote on it.
Mr. Foeman: Yes.
Vice Chairman Gort: You're going to bring it back next meeting or this afternoon?
Commissioner Teele: Next Commission meeting.
Vice Chairman Gort: Next Commission meeting. Then we need to vote on it.
Commissioner Teele: Regular Commission meeting.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-131
A MOTION TO DEFER CONSIDERATION, UNTIL THE NEXT
REGULAR COMMISSION MEETING, APPOINTMENT OF AN
INDIVIDUAL TO REPLACE HENRY COURTNEY AS A MEMBER
ON THE PERFORMING ARTS CENTER TRUST.
101 2/8/01
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
102 2/8/01
Vice Chairman Gort: Community Relations Board.
Commissioner Winton: I'd like to nominate the Reverend Willie Daniels.
Commissioner Sanchez: I will defer at this time.
Commissioner Teele: Second.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Anthony Robbins.
Vice Chairman Gort: Commissioner Sanchez, you deferred.
Commissioner Sanchez: I defer.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Well, I had a Mr. Anthony Lamar Robbins. Now, if you want to appoint him as
yours --
Commissioner Regalado: No, no, fine. Commissioner, we really need the appointment, because they
can't meet. So go ahead, and I'll look for another person. I really -- the thing is that probably, we all got -
- he's very interested and we all got --
Commissioner Teele: And we're looking for people that are interested. With your permission, then I
would ask that my name be substituted for Commissioner Regalado's, for Mr. Anthony Robbins.
Commissioner Regalado: Right.
Commissioner Teele: R -O -B -B -I -N -S. 1835 Northwest 48th Street. And that Commissioner Regalado
will continue to look for other persons.
Vice Chairman Gort: My appointments have been requested by the two unions that would be dealing a lot
with this, was the president of the Firemen's Association. I don't know if Mr. Pidermann is willing on
this committee. Mr. Pidermann and Mr. Al Cotera. Those are my nominations.
Commissioner Teele: Now, on these people that are exceeded by the Code, let me ask this: Can any of
those people be reappointed?
Walter Foeman (City Clerk): I'm sorryj missed your question.
103 2/8/01
Commissioner Teele: On a person who is being kicked off for exceeding, excessive --
Mr. Foeman: Yes, provided that -- a four-fifths vote of the Commission, they can be reappointed.
Vice Chairman Gort: You can reappoint.
Commissioner Teele: OK. I would reappoint Vernon Clark, with a proviso that if he is excessively
absent, I will never reappoint him to anything in life.
Commissioner Winton: Second.
Marva Wiley (Special Assistant to City Manager): Mr. Commissioner, can I make a comment on that?
Marva Wiley, Special Assistant to the Manager.
Commissioner Regalado: Excuse me, Marva. There is also -- I talked to the chairman, and Bishop Curry
has never, ever been at any meeting.
Ms. Wiley: That's correct.
Commissioner Regalado: Although he was appointed by the Mayor.
Ms. Wiley: That's correct. But just to comment on Vernon Clark, the Community Relations Board
current meeting schedule pretty much precludes Mr. Clark from ever really being a regular attendee. The
board meets on Thursdays, and Mr. Clark travels Thursday through Sunday with his job on the railroad.
Commissioner Teele: Mr. Clark is a member of the Brotherhood of Sleeping Car Porters. He's a very
active member. And if you're ever on Amtrak on a Thursday, he'll give you VIP service, I understand.
I've never had the pleasure of riding with him. But Mr. Clark has told me that he's made arrangements to
do that. I hope he's not going to call in sick.
Vice Chairman Gort: We'll let him know. OK.
Commissioner Teele: But if he can't do it, then we'll remove him.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: I have one appointment, Teresita Clark.
Commissioner Teele: Oh, that's a great appointment.
Vice Chairman Gort: Good. OK. Do I have a motion to accept?
Commissioner Teele: So move, Mr. Chairman.
Commissioner Regalado: Second.
104 2/8/01
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-132
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE COMMUNITY RELATIONS BOARD:
Reverend Willie Daniels (nominated by Commissioner Sanchez)
Teresita Clark (nominated by Commissioner Sanchez)
Anthony Robbins and Vernon Clark (nominated by Commissioner Teele)
Ed Pidermann and Al Cotera (nominated by Vice Chairman Gort)
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
105 2/8/01
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:48 A.M. AND
RECONVENED AT 2:48 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING
COMMISSIONER AND COMMISSIONER TEELE, FOUND TO BE PRESENT.
Vice Chairman Gort: My understanding is we left at Item 26 -- 25`h. Department presentation. Are we
ready for that?
Carlos Gimenez (City Manager): Yes, sir, I believe we are. I'll get the people from the back.
Commissioner Winton: Is this on the stadium?
Vice Chairman Gort: No.
Mr. Gimenez: No, it's on Department of Solid Waste.
Vice Chairman Gort: This is Solid Waste. Is Teele here?
Note for the Record: Commissioner Regalado entered the Commission chamber at 2:54 p.m.
Vice Chairman Gort: Yes, sir.
Clarance Patterson (Director, Solid Waste): Mr. Chairman, Clarance Patterson, Director of Solid Waste
Department. This Commission directed the City Manager to appoint a committee to study and consider
alternative methods of waste collection that may improve and reduce -- improve services and reduce cost,
and enhance the aesthetics of the community. This committee was appointed last November 22nd by the
City Manager and has had several meetings since that time; namely, November 29`h, December 13`h,
January 4`h, 17`h, 31 s` and February 7`h. First two meetings were interactive between the department staff
and the committee, bringing them up to date on the type of service that we are currently providing to our
citizens. The committee made several recommendations on how they would like to improve services in
the community. Solid Waste staff presented to the committee the latest technology in collection equipment
that's available on today's market. The committee visited several of the local municipalities that are
utilizing the latest collection equipment that's available today; namely, Miami Springs, City of Fort
Lauderdale, North Miami Beach and the City of Homestead. There are others, but this is the ones that we
visited. We also looked at the cost of recycling, compared to Dade County's recycling program, which is
provided by a private contractor. We found that other municipalities can also piggyback on Dade
County's contract. This contract appeared to us to be considerably less expensive than it presently costs
us to provide the same services. The committee is in its final stages of reviewing the pros and cons of the
various systems, and will be providing this Commission with a written report of its findings and
recommendations. If the automated system is selected as the alternative method of solid waste collection,
the committee strongly recommends that it be phased in over a three-year period for the following
106 2/8/01
reasons: One, there would be no layoff of full-time or regular employees. Reductions will be
accomplished through attrition and/or reassignment of those employees. Two, the City would not have to
fund the entire capital outlay of approximately thirteen million dollars ($13,000,000) in one fell swoop.
Three, the annual replacement of equipment would not become due all at one time, but instead, spread it
over a three- to five-year period, which would reduce the necessity of replacing all of the capital outlay for
replacements all at one time, because you started out with all of it at one time. Four, the time required to
properly train how we operate or how the drivers will operate the new equipment. This is specialized
equipment, not the same as the type of equipment that we are now doing, which we can utilize some of the
other municipalities to help us train some of our people before the equipment comes on board, because we
will be using the same type as some of them are using. Five, and one of the most important is to properly
educate our citizens on how to best utilize the services. That's a very key part of whether the automated
system works or not. So those are the reasons that the committee recommends that it's done over the
three-year period instead of all at one time. So if we were to start off today to implement this system, the
implementation period would be as follows: Lead time to purchase the automated equipment is
approximately 100 to 160 days. The super carts, of course, that would be utilized for -- to contain the
waste would take 90 to 120 days, depending on the process that we use in order to obtain this equipment.
There are local bids out there that other municipalities have used that are open that we can piggyback on.
If the Commission accepts the committee's study and recommendations, one of the -- one of the collection
-- one third of the collection routes can be converted by mid-September of this year. The committee will
present its written report to this Commission on the second meeting in March, which will be March 22nd
next month. It will show you the overall cost reductions when the system is fully implemented. This
concludes where the committee is at today. We will be happy to entertain any questions that you might
have.
Commissioner Winton: I only have two, and I think you said this. I just want to make sure I'm clear on
it. A part of the presentation will show the complete economic side of this formula, including capital cost,
as well as ongoing operating cost and what the differential is between the cost of operating the system and
capital cost for a new system versus current capital cost and operating cost, and that comparison will be
available; is that not correct?
Mr. Patterson: That is correct.
Commissioner Winton: OK. And the second question is, and just a small piece of what you're studying,
you know, what you're principally focused on is trash pickup at residential establishments. We have a lot
of -- downtown, as an example, and some of our neighborhoods, you know, we've gone through more
headaches in terms of how we pick up street trash. You know, we bought those big -- what are they? --
Six or eight hundred dollars ($800) apiece aggregate blocks?
Mr. Patterson: That's litter containers.
Commissioner Winton: Litter container. OK. Good. Thank you for the terminology. And we've been
through multiple -- what did you call it? Litter containers?
Mr. Patterson: Yes.
107 2/8/01
Commissioner Winton: We've been through multiple processes for getting litter picked up in our streets,
and none of them have seemed to have worked. So I hope that as a part of your study process here, you all
have taken that little -- You know, and I recognize it's a small component, but it's a big deal, particularly
in neighborhoods and commercial areas. We really need to figure out how we're going to create a system
that works. And since I've been downtown, and I've been downtown since 1988, there's never been a
system that worked, because people figure out ways to wreck everything that we've -- You know, you do
a good job. But there's people in the public that are complete jerks, and they literally go out and break,
tear up, destroy the stuff that our citizens pay for here. And so if they're going to destroy the expensive
stuff, maybe there's another system we can go to where the replacement cost is a heck of a lot less. We
know the jerks are going to be out there tearing stuff up, so maybe there's something that isn't so
expensive once it gets torn up, and that's easier to collect from. So I just hope you're looking at that, as
well.
Mr. Patterson: Yes.
Vice Chairman Gort: There's a couple of things we need to look at. The economics, I think, is going to
be one of the most important factors we're going to be looking at, what's the savings going to be for the
City and so on. But the downtown, the one thing is, when I first got elected in November '93, in
December, I went to Orlando, first, to see the homeless shelter they had built there, because we were in the
process of building a home in here. And number two; I took a walk through the downtown area of the
DDA (Downtown Development Authority) there. The trash that they have in there, the trash containers,
they're sort of like -- And Flagler Street is going through all these renovations. I think it's important,
because some people now are even saying; we don't want to have any. I want to make sure that we should
have some, because, people, if you don't have any, they're going to drop it on the sidewalk. The ones in
Orlando, they bolt in. They can't be taken out. They're made out of iron. I think they're a lot more
inexpensive than the one we built before. So I think we should look at other cities. At the same time, I've
heard a lot of complaints on that one mechanical that picks up and throws it out. My understanding is, I
heard a lot of complaints that when they do that and then throw it out, a lot of the trash goes all over the
place, and the guys in the trucks would not get down to pick it up and sometimes makes it worse. So we
have history that's been done in other cities. I think before we go and implement anything, I'd like to
have all that information and the experience that other cities have had, to see if we can get those things
straightened out or we can fix those. But the downtown containers, and like in Coconut Grove, we need to
work on those, especially with the changes that are taking place in that area. Also the -- Patterson, I
apologize, but the one thing that happened when we drew the new ordinance, at one time, we had a
coordination. I worked with them, and I got together with the private hauler. The problem that we have,
we have a City staff coming in. They do a beautiful job of picking up in downtown and picking up all the
trash, not only in the bins, but in the sidewalk. And then later on, you have your private come in and have
their dirt all over the place, all the trash. That makes it look bad. I'd like to coordinate that where the --
we can create the hours to make sure that we come after everybody has served downtown, so that would
not happen. My understanding is when we put the last ordinance together, that was left out.
Mr. Patterson: I don't think so. I think it's still there. But it's a matter of coordinating when we pick up -
- I mean, when we clean streets versus when they are allowed to pick up.
Vice Chairman Gort: Right.
108 2/8/01
Mr. Patterson: Yes.
Vice Chairman Gort: That's not being enforced and we need to check on that then.
Mr. Patterson: OK. Are we experiencing that now?
Vice Chairman Gort: Right now, we have a lot of problems. Our people are coming in and doing a great
job. But then you have your private haulers coming in and getting everything back up. All right? We
need to coordinate that. And I'd be more than glad to be in the meeting if, Commissioner Sanchez, if you
don't mind. I'd like to coordinate a meeting with that committee where we can bring the private hauler in
to make sure we can coordinate with the City.
Commissioner Sanchez: Wait. The private haulers are a part of that committee.
Vice Chairman Gort: OK, good.
Commissioner Sanchez: They are -- the board consists of private haulers, the administration, myself, one
community leader, which we have not appointed at this time. We had Mr. Sabines there, and he,
unfortunately, resigned from that position. But we do have presentation from several private haulers.
Vice Chairman Gort: Good. OK. Are there any other questions?
Commissioner Regalado: Question.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: I know how difficult is the work of the garbage pickup personnel, and how
understaffed. I have followed them, and we all know that they do an extraordinary work. But I've got a
suggestion. There are people who keep placing trash and they clean the yard or whatever. They keep
placing trash and furniture, maybe a day after the weekly pickup. There is not much we can do, because, I
mean, we couldn't ask the NET (Neighborhood Enhancement Team) inspectors to go check all the City all
day and do that, and you don't have so many inspectors. So an idea is to have some forms in the garbage
trucks, and whenever a driver sees -- they know the day, usually; they know the day of the area, the
weekly pickup. When they see some address that is not in compliance, just write it down. And maybe we
can send them a letter with some information, saying, you know, your pickup day -- not that we want to
fine them immediately -- your pickup day is Thursday, or Friday or Monday. Please place your trash and
all furniture the day before. This is just a warning. Inspector will be looking at this. They don't have to
get down and talk to the people. Just write down the number of the house, the street. And I think that just
a letter -- I think that if we could create an environment where those people-- at least ten percent of those
people would realize that they need to do that the day before, we will have less problems with the illegal
dumping, because, I mean, it's really -- There are people, even in my neighborhood, who know that the
pickup is on Thursday, and by Saturday, everything is out there and stays the weekend and throughout the
week. So I figure that if you can have some forms in the truck, in the driver's seat, just write them down,
write down the address, and just maybe pass that to the administration or to the NET coordinator and send
them a letter -- not a fine, but send them a letter -- I think we will do much better.
109 2/8/01
Mr. Patterson: Finished?
Commissioner Regalado: Yes.
Mr. Patterson: Thank you. Let me answer some of the questions that have been asked in the reverse, and
I'll answer you first, Commissioner Regalado. The new system that we're looking at as far as the
automated collection is concerned will do two things for us. It would allow us to integrate our garbage
and trash collection together, as one. The only thing that we would be picking up is large, bulky tree
cuttings and things of that nature. All of the rest of it will go in that container and be picked up twice a
week with the garbage pickup. That's a part of what our problem is that contributes to the litter that we're
talking about that we see all over the City, and the system that we are currently using lends itself to all of
these things that we're talking about now, but if we were allowed to put in the new system which
integrates both garbage and trash collection, then we will not have this stuff out there to worry about
enforcing from -- Of course, we will have to do some, because some people's behavior patterns are not
going to change that easily, because they've been doing it for so long. But we can then have the necessary
staff to enforce that. So it's a change of methodology and how we do things. It's a matter of material
handling that is going to be totally different from the way we've done it in the past, and I think that would
resolve that problem.
Commissioner Regalado: And the other, Clarance, the other problem that I see and that I have, at least in
the district I represent, is in some apartment buildings, they place old furniture, and the private hauler does
not take that furniture. It stays there for -- There was a case here in Shenandoah for three weeks with
several furniture there. And, yes, we end up picking that up. But, I mean, what are we going to do about
it, when they place like old furniture on the curb, on the swale area in front of the apartment, and not
inside the commercial bin?
Note for the Record: Commissioner Teele entered the Commission chamber at 3:13 p.m.
Mr. Patterson: I think you'll find in the recommendations that will be coming to you as a result of the
study that this will be a call-in type of service, so that when it's placed out there, we will give them a time
certain to put it there, and it will be picked up. So this way, you won't see that kind of stuff all over the
City at all times of the week.
Commissioner Regalado: OK.
Mr. Patterson: Thank you. Now, coming back to Commissioner -- where did he go? -- Commissioner
Gort. Well, let's go on over to Commissioner Winton. Your concern was, of course, of the litter
containers. Let me tell you to date, we have modified the container that we currently have. The top of the
current container is made of that granite rock, and people are going out deliberately destroying them. We
have asked the manufacturer to look at redesigning a lid for that that's made of all plastic. That has been
done, and we have two of those in an area downtown right now, and we are running a test on those. So
far, there has been no damage. They've been out there about four months. Assuming that they stand up
for the next couple of months, well, then, of course, we would look at replacing the tops of those with the
all -plastic tops, rather than the granite top that they now have. Commissioner Gort, he's not here. I hope
he's listening. He was concerned with the downtown area. I thought we had solved that problem. Of
course, Commissioner Sanchez sat on the committee with us every -- once a month when we meet. I
110 2/8/01
didn't know that we currently had a problem down there. I thought it had been resolved. But obviously, it
has not resolved, so I'll check on that and will report back to you on the next Commission meeting on that.
I would also, if I may, I wanted to introduce the committee to you, those that are here that the Manager
appointed that have worked very diligently with us, and have gone out and visited these other
municipalities, and spent their time and deliberation with us in helping us to bring all of this about. The
committee consists of, from Coral Gates Homeowners Association, Rick Ruiz; from the Upper East Side,
we have from Palm Bay Homeowners Association and Upper East Side Council, Bob Flanders. We have
from Little Haiti, Hattie Willis, who is head of the Community United in that community. And we have
Jose Fernandez, who is president of the Builders Association -- Homeowners Association, and Albena
Sumner, from Allapattah, who is here. I think she's here today and here -- would you stand. And Al
Sumners -- Flanders had to go to New York today. He's not here, and Rick is not here today -- I mean not
Rick -- Jose Fernandez is not here today. I would like, if you would, Mr. Chairman, if they would like to
have a word or two. Who wants to go first?
Albena Sumner: Good afternoon. My name is Albena Sumner. I'm president of the Allapattah
Homeowners Association, and a member of the Solid Waste Efficiency Study Committee. Mr. Flanders
had to be in New York today, and so he asked me to read just a little portion of something. Solid waste is
a very basic service, even more so than fire and police. Our recommendation is to both improve and
streamline service with the ultimate intent of also lowering cost over time. This technology has been
around for 20 years. It's not new, just new to the City. I want to add that this committee is a great
example of citizens from each district of each of the Commissioners represented, Commissioners for each
of the districts represented here. We are all very passionate about our communities. We're also residents
and taxpayers, so we're also interested in the quality of service and how much monies -- how our budgets
are affected yearly, because our taxes are going up. And I am always on the phone with Mr. Gort and Mr.
Patterson at Solid Waste, and Mr. Jackson at Public Works, and we've networked very well. This is -- we
have gone to various communities -- Miami Springs, North Miami -- and we've addressed questions of
attrition and layoffs, because most of the gentlemen, as you know, who work on the back of these trucks
are African-Americans, they have families, and so we've addressed concerns as to where they will be
going. This is a -- from what we've been able to see, will be very cost-effective, the way that Mr.
Patterson and the staff plan to implement it and bring it into the system, doing pilots in each of the
districts. We agree with that. And this is not the end of it. One of the things we've asked is that this
committee not be disbanded after we've reached our goal. And another point that Hattie Willis from Little
Haiti wanted to make is that at the end of the fiscal year, if all of the monies had not been spent, if they
could be put on reserve or kept, so that we attain the goal that we want of using the one-armed bandit.
Thank you.
Vice Chairman Gort: Thank you, Albena.
Rick Ruiz: Good afternoon. My name is Rick Ruiz. I'm with the Coral Gate Park Homeowners
Association. And again, it's been a pleasure to be in this committee. Been a pleasure to meet with other
residents of the City of Miami. One of the things that I think we're also getting out of this information
back and forth is the issue of aesthetic unification in garbage. And we say, you know, it sounds far-
fetched, but it really works. We've gone to -- the committee has gone to different cities. I've been to City
of Miami Springs personally, and we've seen how it works there. And definitely, as we live in -- I've
lived in the City of Miami for going on 17 years now, coming from Hialeah. And I've always seen that
the City needed maybe some changes in that respect, regarding the -- not the uniformity of collecting
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trash. This is the way to unify this. Our entire City will look identical regarding that, and we won't have
the situations that we're having now. We did take into consideration the issue of the outside trash that you
had mentioned, the one about -- Commissioner Regalado said about the furniture outside. We discussed
that. We thought, again, that maybe by changing the way we do that, by calling and having an
appointment, instead of just letting it go, and also, we also considered of maybe working with the County
on some of their trash, areas where they go and they take the larger trash to their place. If we could also
incorporate and maybe use facilities that they might have. So we looked at all kinds of different things
that I think that are going to be in a benefit for the City.
Vice Chairman Gort: Thank you.
Mr. Patterson: Thank you. And I would briefly like to introduce our staff that worked with the committee
on that, and that's Adrienne MacBeth, Mirtha Dziedzic and Fred Hobson. We also had Alan Pierre, from
the Finance Department who was a participant on the committee, and also, Marcos Penha, the hom-
rimmed guy, the smart guy that you talk about all the time, Commissioner. He's working on this
committee with us also, from Budget. So we have answered all of the questions that you need now, and if
the time frame is --
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: I hope you have an ambulance who's standing by, just in case she decides to go
today.
Mr. Patterson: Yes, we do.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Mr. "P." Mr. Patterson. I call you "Mr. P."
Mr. Patterson: Sure. Go ahead, go ahead.
Commissioner Sanchez: I'd like to commend you for your professionalism. And let me tell you, when we
first started the Solid Waste Private Haulers Committee that we came on board and got together, it was an
industry that really did not have much regulation. And the little that it did have was not followed. And
we, through the hard work of that committee, put together guidelines. We were able to bring additional
funds to the City, which was in the neighborhood of about -- what? -- Two point six million dollars?
What did we bring?
Mr. Patterson: Additional monies. But the total, roughly, about seven million.
Commissioner Sanchez: About seven million dollars ($7,000,000).
Mr. Patterson: Yes.
Commissioner Sanchez: But the beauty of it was, was to get all the companies together to work with the
City and the community, to identify the problems, the existing problems, and work at solving them, such
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as -- some of the arguments were early morning pickups that were bothering residents, how to address
graffiti and trash cans or the big containers. And we have made significant improvements along the way
in this committee. And we still have a way to go, but just to say that what we have been able to
accomplish in the two years and a half that that committee has been together, it phenomenal, what we've
been able to accomplish in that committee. We have now a better relationship than we ever did have with
the private hauling companies. We have a better relation and understanding with the City employees from
the Solid Waste, and we have an avenue of communication open that has basically now been able to
alleviate a lot of the problems that existed. So that's -- I'm the Chairman of that committee, and I'm very
proud to be. I have learned more about garbage in two and a half years than anything else. And one of the
biggest experiences was going to Atlanta with you to that big convention which -- what was it? Double
Axle?
Mr. Patterson: Bogie.
Commissioner Sanchez: Bogie. All right. Thank you, Mr. "P."
Mr. Patterson: Thank you.
Vice Chairman Gort: Any other questions? Commissioner Teele.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Patterson, just very briefly. The rollout on the pilot
plan, what is the commencement date on that?
Mr. Patterson: If -- well, we were going to submit to you the last meeting of March 22nd, the final report
from the committee. And if the Commission directs us to continue the implementation phase of that to do
one third of the total routes that we have in the City, and dividing those up in Commissioners' districts,
we'd be up and running by mid-September.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: The question that I think we should ask rhetorically but collectively is, how long
does a pilot last before the other two thirds of the City is upset that somebody across the street or around
the corner is getting something that we're not getting? And I would hope that the management would take
this under advisement. I mean, the reason to have a pilot is to ensure that we get the kinks out of the
system as much as -- and that it works. But I would hope that when we present anything that we present a
comprehensive plan, assuming that the pilot works, to roll it out throughout the City. And I say that with
an understanding that there is a fiscal impact associated with this. The one third is approximately how
much again?
Mr. Patterson: The cost of one third is approximately four million.
Commissioner Teele: Would it be fair to say that the cost of two thirds -- I'm not good in arithmetic. If --
Mr. Patterson: I don't have "Horn Rims" here with me today but --
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Commissioner Teele: Where is "Horn Rims?" Where is our man?
Mr. Patterson: Give it to me and let me see if I can handle it.
Vice Chairman Gort: Where's the guy with the glasses? Twelve million?
Mr. Patterson: What was the next question?
Commissioner Teele: Sometimes, you know, there are factors that could make, you know, those numbers
get a little bit off. But the other, the other two thirds would be an additional eight million, for a total of
roughly twelve, or somewhere in that ballpark?
Mr. Patterson: The overall program is estimated at -- right at thirteen million.
Commissioner Teele: Thirteen million.
Mr. Patterson: Yes. Of course, give or take -- because this is going to have to be -- whether we go
piggybacking on existing bids that are out there, or bid it out, depending upon which is most advantageous
to the City.
Commissioner Teele: Just as a statement to the Manager. Mr. Manager, I think we should look at how we
-- assuming that it works -- how we roll out the rest without increasing taxes or fees to do that. So if
there's any dollars that are being maneuvered or moved around that we can identify, I'm not sure if the
majority of the Commission would agree that this is, you know, the priority. We've got a lot of top
priorities. We've already said if you find any money, do it in road, and infrastructure, and drainage and
unpaved. And at some point, we need to come back with something that -- a policy document that we can
give you an instruction on that you're comfortable with. But I would ask you to keep in mind the fact that
we have raised solid waste collection rates substantially. And under the five-year plan, is it scheduled to
go up again next year, slightly?
Mr. Patterson: Yes.
Mr. Gimenez: Yes, it is.
Commissioner Teele: And I have no problem supporting that, because I think as long as the cost of
collecting solid waste is beneath -- as long as it cost us more than we're collecting, and we're collecting
substantially less than the County is collecting for comparable service that we should allow those rates to
go into effect. But I have a very strong objection of raising rates without giving people additional service.
And I think this gives you an opportunity to give people something better, and they don't feel as bad about
paying a little more. But nobody likes to pay more for the same or less. And one of the task force
members is in somewhat of agreement. So I guess my only point in this is we've got a lot of priorities on
budget, but given the fact that we are scheduled to increase solid waste rates, and given the fact that we
are going to roll out the system in one third, I think that this other two thirds should be a very high priority
for the coming fiscal year, and we should try to do that within the budget context of that. And I'd
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welcome that discussion on the 22"d of March, but I would hope that you would have a policy document
that would give us an opportunity to vote on the rollout of the other two thirds at the same time.
Mr. Gimenez: Yes, sir. I expect that we would have some kind of evaluation material to see if it works.
And if it does, in fact, work and it comes out as efficient as we think it does, then we should roll it out, and
there should be a timetable for that.
Commissioner Teele: Thank you. And my congratulations to you, Mr. Patterson.
Mr. Patterson: Thank you.
Vice Chairman Gort: Thank you. Any other questions? Any comments? I know you're doing that pilot
program with those two trash recyclables that you have in downtown.
Mr. Patterson: Yes.
Vice Chairman Gort: But there's going to be some renovation taking place in there, and I wish you, if you
have a chance -- I don't know if you've been in Orlando, if you've looked at what they have in Orlando.
It's very decorative, and it looks nice. It creates an additional amenity, and it serves the purpose.
Mr. Patterson: Well, one of the things here that we do that's different from Orlando and some other cities,
some cities have different types of containers in different areas of the City, because of need, not because
of whose district it might be in. But if you're in the downtown area or Coconut Grove area, where they're
having a certain decorum there, they want to get a litter container, of course, that fits in with that decorum.
We should look at that, as well, here.
Vice Chairman Gort: Right. OK. Thank you.
Mr. Patterson: Thank you.
Vice Chairman Gort: Any other questions. Thank you, Mr. Patterson. And Commissioner Sanchez, once
again, thanks for a job well done.
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1 15
Vice Chairman Gort: Item 26. Discussion item.
Robert Nachlinger (Assistant City Manager): Thank you, Commissioner. Bob Nachlinger, Assistant City
Manager. Due to baseball and the special Commission meeting causing the print shop to run a little
behind, we'll anticipate at your next regular meeting having the financial statements for October,
November and December for your discussion.
Commissioner Sanchez: Nothing we could do about it.
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Commissioner Sanchez: Item --
Vice Chairman Gort: 27.
Commissioner Sanchez: -- 27. Mr. Chairman, as you know, I asked that the 2001 Miami Development
Summit be discussed at this Commission meeting to give you an update of where we're at and what we
have been able to accomplish to make sure that this two-day summit in April is done first class, and we are
able to show Miami's investment opportunity at its best. You know, since Henry Flagler brought his
railroad track to Miami in 1896, thinking that Miami was full of tremendous opportunity for business
opportunity, and we still have plenty of business opportunity. And I think that this summit would allow us
to showcase Miami at its best point for the development and redevelopment, and the golden opportunities
that exist. So at this time, I would turn it over to Dianne Johnson, to give us an update of what we've been
able to accomplish for this summit. Dianne.
Dianne Johnson: Thank you, Commissioner. Dianne Johnson, with the Department of Real Estate and
Economic Development. Thank you. We have been very, very busy at work on the Miami Development
Summit. We have a committee of people from the community, the business community helping us with
this event. We held a press conference and reception many of you attended on January 31s`. It was very
well attended. It was meant to be a fundraiser, and we're still following up on phone calls to bring those
dollars in to make this event truly the showcase that it needs to be. We have prepared a save -the -date
mailer, which will go out to approximately 5200 people throughout the country and Latin America. The
anticipated mailing date, it could be tomorrow, but it probably will be Monday. Our website has been
designed. We're finalizing and tweaking it with our Info. Tech. Department. We anticipate that it will
also be up on Monday, February 12`h. We are into production of the actual invitation, which will likewise
be mailed to 6,000 real estate professionals, developers, investment type service providers and end users.
That is into production, which should be completed by the end of next week. We're targeting a mailing by
February 23rd. The event, as you know is April 4`h, 5`h and 6`h. We have contacted each of your offices to
make sure that it is on your calendars, and we would, you know, extend this invitation to you to join us. It
will be a wonderful event. We are working on an advertising campaign. We received twenty-five
thousand dollars ($25,000) worth of advertising from the Miami Herald. We will likewise be placing ads
in their Business Monday. We will be looking at putting ads on their website. We will be getting
advertising in the Urban Land Magazine, which is a publication of the Urban Land Institute, one of our
partners in the event. We will also, if our budget allows, be looking at additional ads in Florida Trend and
the South Florida Business Journal. We are also working on a video, which we hope to be a very exciting
piece of marketing for the City that can be used for a long period of time. We were lucky enough to get
the support of Beaver Silverstein, who is helping produce the video for a very, very, very reduced rate.
We look to have an eight -minute video presentation at the opening breakfast of the summit on April 5`h
And one thing that, again, we think is very important for those visiting the City of Miami, specifically for
the first time to understand about the City and how things get done here is that we have a very, very
cooperative system of development processes in the City of Miami. So during the summit, we will be
hosting a development information center, where we will have staff from the Planning Department, from
the Real Estate and Economic Development Department, from the Building Department, the Public Works
Department, the Community Redevelopment Agency, the DDA, the International Trade Board. We'll
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invite people from the Empowerment Zone, Water and Sewer Department. All of those local government
agencies that are involved in the development industry in a room where, if people have questions about
how to get a project and who to contact, what the methodology is, all of those services will be there on
site, so that people who might be interested in coming into Miami or getting a project done will have all of
the information they need right there on site. So we're very excited about this. We have our keynote
speakers wrapped up. Don Shula will be giving an address. The final event on Friday afternoon, the 5th
We have Robert Beatty -- that's the 6th, excuse me -- we have Robert Beatty, also going to be giving
remarks. We have Rosabeth Mosscanter (phonetic), who is a Harvard business professor and very well
known writer about development and information technology. We have Alberto Ebaguin (phonetic) from
the Miami Herald, Norman Braman and I'm sure I'm leaving somebody out of our keynote speakers. But
we have provided to you a package with some of that information to you. And if you have any questions,
I'm available.
Commissioner Sanchez: I don't the City has ever done one of these. And it's so important, you know,
coming out of a sixty-eight million dollars ($68,000,000) deficit and the City getting back on track. I
think that this, better than anything else, says that Miami is back on track. I mean, we're really focusing
on highlighting development opportunities, neighborhood redevelopment opportunities, focus on the
hospitality, the tourism, the entertainment, on both the residential, mixed use, focusing on providing and
bringing in major companies who would employ -- bring employment opportunities. I mean, we have to
really focus on technology nowadays with the NAP (Network Area Point), and us, you know, City of
Miami being the gateway to Latin America. Our trade, we focus on trade, also, industry commerce, and
overall geographic of our economy. So it's just a message that we want to get out. And I think that we
have worked very had on this. I know that the staff, I often commend you for your long hours. You're
driving home at 9 o'clock at night, calling on your cell phone. And people don't realize how hard it is to
put something like this together, especially when the City was generous enough to give us sixty thousand
dollars ($60,000). But this is a budget. And I want to talk about financing this, because, you know, this
just doesn't fall from the sky and it happens. You know, we have had to go out and reach into the pockets
of good corporate citizens in our community. People that have made this community have been a part of
this community, and they have been generous enough to donate. We are still short, just about a hundred
thousand dollars ($100,000), which I -- we will continue. We will continue to try to seek sponsorship, and
I think that we could get it done. But, you know, this is one project that has been received well by
everyone on this Commission, including the Mayor. It's got full support from every major committee or
trust, and the administration. It's a win/win situation for all of us. So, I mean, we're heading in the right
direction on this. And I know we're going to get it done, and it's going to be something that everyone
must participate. And, you know, if anybody has any questions -- I just wanted to bring this up so you
know exactly where we're at. We're not done with the programming. We have about 80 percent of it
done, but we have most of our keynote speakers. Who better than Robert Beatty -- did I pronounce his
name right, Beatty?
Ms. Johnson: Beatty.
Commissioner Sanchez: Beatty. -- to say that Miami is back on track, being that he was the original
chairman of the Oversight Board. And he could basically get out there and say, look, Miami now is a
different City. Miami is a new City. They have corrected most of the sins of the past, and they're back on
track, you know, and focusing on maybe getting our City -- We don't want to be the fourth poorest City
anymore. But in order to get out of that, those numbers, we're going to have to do things like this to get
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those numbers. We want to be the richest City in the United States. Anybody's got any questions for
Dianne?
Vice Chairman Gort: We're going to be, and we'll give you all the assistance you need, because I think
that's very important what you all are doing together. The one thing --
Commissioner Sanchez: Well, I just want to give you a heads up. We're short a hundred thousand dollars
($100,000).
Vice Chairman Gort: I understand. And I'm sure you'll come back to our board and ask for some more,
and we'll see what we can do. We will try very hard and see what else we can come up with. The one
thing that I want to make sure we have together, and that's why I was real glad you all delayed a little bit.
We are working on the incentive, which is something the DDA (Downtown Development Authority) has
been doing for a long time, trying to attract people into the DDA. The good thing about this summit is it's
for the whole City. What I'd like to do is, the Empowerment Zone, all the economic and technical benefit,
not only from the City of Miami, but from the County, from the State and Federal government that we can
get, we should put that package together so people are aware of all the incentives they can receive, besides
being a friendly City. Thank you.
Ms. Johnson: One of the last tasks that we have to do -- and it is not a small one -- is we are preparing for
each attendee a package of information that will essentially be everything you ever wanted to know about
the City of Miami, and how to get things done. Our Building Department is working on a booklet on how
to get a building permit. We are updating the City of Miami profile. We will have -- we have the
Empowerment Zone already. Brian Finney has agreed to serve on one of our panels, as has -- I believe
Commissioner Teele is going to be working with us. But all of that is going to be in a booklet that they're
going to take home with them, so that they have, literally, a reference manual when they leave our
conference, and know who to call if they need information, and there will be base information right there
in a book for them.
Vice Chairman Gort: Thank you, Dianne.
Commissioner Sanchez: And it's not only, you know, simplifying the process, but sending out the
message that we're a friendlier community to do business with, and in the long run, provide guidance.
Ms. Johnson: I also merely wanted to mention that we will be seeing you, Commissioner Winton,
tomorrow at the ULI conference. And we will be passing out material, and there will probably be
additional pronouncements made about the involvement of the Southeast District Council of the ULI and
the City of Miami in this event.
Vice Chairman Gort: Dianne, also, I don't know if you already met with the Downtown Hotel Committee
out of the DDA.
Ms. Jones: I've met with DDA staff. That's not one particular subcommittee.
Vice Chairman Gort: No, but I'm talking about that committee. I think you should get together with that
committee, because that committee can give you some help. And also, DNP, DNP. They not only might
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be able to give you some additional cash, but at the same time, they might be able to give you some goods
or gifts to put in those packages. OK? Thank you.
Ms. Johnson: Great. Thank you for those suggestions.
Vice Chairman Gort: Thank you. We have to make this very successful.
Ms. Johnson: Thank you.
Vice Chairman Gort: Any other questions? Thank you, Dianne.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: This project -- what resolutions do we have on the record on this project? Do we
have a final resolution on this project?
Ms. Johnson: We have one that endorses the event and provides some funding.
Commissioner Teele: Well, let me say this: I am strongly in support of this project, and I have great
difficulty beating around bushes about things that are important. Look, I think we should ask the Manager
to seek to identify an appropriate funding source for this. I don't think this Commission, as a body, should
suggest or state on the record that we're out here raising money from people who may appear before us for
any reason. And I'm -- I mean, I'm not a virgin in any of these areas, but I just don't think that's the way
we should proceed as a legislative body. And if and when Commissioner Sanchez decides that he's ready
to move forward, I will be very pleased to make a motion or second a motion. And if he'd like to recuse
himself -- not that you have a conflict at all -- but I do think that the best way to say that we're for it is to
appropriate money. I mean, we continue to -- I don't think he's ready yet. And I don't want to embarrass
-- I don't want to make a motion that something that he doesn't -- but I want to say publicly that I think
that this is the kind of thing that the City should be on record as supporting. And I don't think that the
City Commissioners, as a legislative body, should be reduced to suggesting that we're going to fund -raise
for something like this that has such an important impact. I mean, people watch the meetings. And the
notion that we're asking people who come before us for money is not something that I want to publicly
embrace at this point. I will publicly embrace the fact that there ought to be ways that we can find dollars
that are not, quote, from the taxpayers' pocket, but revenues that we may be able to identify. And I think
it's the kind of thing that we ought to be on record as supporting, whether it comes from MSEA (Miami
Sports and Exhibition Authority), whether it comes from some revenue accounts that we may have or
some, you know, funds, I think that's something the Manager and the Budget Office ought to look at. But
I don't think we ought to beat around the bush and try to figure out ways to fund something creatively that
we really -- that is really the business, at the heart and soul of what this City is about. And I just wanted to
say that to the Manager specifically, that you should identify funds. And I would be very pleased to offer
a resolution at the appropriate time that the sponsor of this activity is prepared to move forward.
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Carlos Gimenez (City Manager): Yes, sir.
Vice Chairman Gort: Thank you, Commissioner Teele, for that, and with that, we will continue to do so.
Ms. Johnson: Thank you.
121 2/8/01
Commissioner Teele: In the item for the Manager -- do we have any other things to come up? Because I -
Vice Chairman Gort: I've been requested -- my understanding --
Commissioner Teele: Don't we have a PZ (Planning and Zoning) item?
Vice Chairman Gort: The homeowners are here, and some of the people are here to listen
to that item, and we can defer our regular agenda, go into PZ -1 and come right back. OK? We'll defer
and we'll continue. We'll defer the item. Mr. Attorney.
Alejandro Vilarello (City Attorney): You're going to go to the PZ, open the PZ meeting.
Vice Chairman Gort: Yes.
Mr. Vilarello: And recess the regular meeting.
Vice Chairman Gort: We're going to recess the regular meeting, and go to the PZ meeting. OK?
Note for the Record: AT THIS POINT, THE CITY COMMISSION CLOSED CONSIDERATION OF
THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING
AND ZONING PORTION OF THE AGENDA.
Vice Chairman Gort: Item 1, PZ. Anyone that's going to testify on a PZ item, please stand up to be
sworn in.
Walter Foeman (City Clerk): Would you raise your right hand.
Note for the Record: AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH
UNDER CITY CODE SECTION 62-1, TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Ready? OK. For the record, Lourdes Slazyk,
Department of Planning and Zoning. PZ -1 is a major use special permit for the Brickell View Project at
1200 South Miami Avenue and 30 Southwest 12th Street. The project is a mixed use, primarily residential
project to be comprised of 600 residential units, 843 parking spaces, and approximately 53,982 square feet
of retail and other non-residential uses. The project was reviewed by the Urban Development Review
Board, and by the Large Scale Development Committee. And adjustments were made to the project
throughout the application process, in order to address those concerns. The department is recommending
approval with conditions. The conditions are pretty much the standard conditions on major use special
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permit. Other than with respect to the Urban Development Review Board and the Planning Department,
we wanted to make sure that the final revised landscape plans with all specifications be reviewed by the
Planning and Zoning Department prior to issuance of building permit. There is also -- it's within an
archeological conservation area, as designated in the comprehensive plan, so that we'll have to have
archeological monitoring during all ground disturbing activities. And I would like just for the record to
add one -- There is a condition on here that they have to give us a parking plan for all the construction
employees while the new building is under construction. I'd like to add to that that they give us a
complete construction operational plan. Being that the project is next door to a school, there have been
concerns at the Planning Advisory Board level regarding the construction activity and safety with the
school next door. So we would like the construction operational plan to be turned in, so we can see how
they plan to do the construction and minimize the impact on the school. Other than that, we recommend
approval.
Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here
today on behalf of the applicant, BAP Development, Inc. As Ms. Slazyk had stated, the property is
located on the corner of Coral Way and South Miami Avenue. It's approximately a two -acre tract of land.
With me here today, I'd like to introduce Mr. Willy Bermello, who is a principal of BAP Development,
Inc, along with Henry Pino, also a principal of BAP. Also, with us here today is Vivian Bonet, with BAP,
Eddy Lamas with Bermello and Ajamil, the architect assigned to this project, and Elizabeth Newland, as
well as Jack Olsted, our traffic consultant. We're very excited about this property. It's located within the
middle of the SD -7 District within the City of Miami. With regards to a MUSP (Major Use Special
Permit) application, as you all know, we've had to go through extensive review of this particular project
for many, many months. We went before the Planning staff for a pre -application meeting. We then went
before the Large Scale Development Committee meeting, which is made up of Planning Department,
Public Works, Zoning, Police, Solid Waste, as well as the utility companies, Dade County Traffic
Department. Public Works was also invited to the Large Scale meeting, as well as the Dade County
School Board. That meeting was back on October 25th. That meeting occurred, and all of these
individuals are given copies of the plans of the particular project, so that we can all sit down in one
meeting, and everybody can go through the plans and see if they have any concerns. All of the comments
we incorporated into our particular project. We moved forward, and in November, early November, when
we filed the MUSP application, I sent letters to the various homeowner groups within the neighborhood,
advising them about the project, and inviting them, if they would like for us to make a presentation to their
organization. The Roads Association called me immediately, and we met with them immediately on
December 5th, so that we could go through the project and incorporate any of the concerns that they may
have. Also, then, the South Miami Association, they called us right before the PAB (Planning Advisory
Board) meeting, the original one was supposed to be held, and we met with them immediately, and then
the Brickell Area Homeowners Association. We went before the Planning Advisory Board on January
17th, and we had unanimous recommendation of approval. And we also went before the Urban
Development Review Board, where they reviewed this particular project and recommended approval, as
well. We are not requesting any variances on this particular project. And I wanted you to know that with
regards to the floor area that is permitted for this project, the SD -7 District permits a total of 8 FAR
(floor/area ratio). However, we're coming in well below that, only at 6.2. And that doesn't even include
any of the bonuses that you could add on top of that floor area. And that's approximately 211,000 square
feet less than what the SD -7 would allow you by right, without even going into any bonuses. With regards
to the height of the project, one of the towers -- it's a two -tower project. One of the towers is 39 stories.
For parking, we're only required to have 676 parking spaces. Originally, the project was designed with
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779, and through the review process with the Planning Department, although at that point in time, we had
113 extra parking spaces, Planning had stated that they would like to see even more parking within this
particular project. So the architects went back to the drawing board, and they were able to increase the
parking to 843, which gives us an additional 167 parking spaces than that which is required, which
essentially comes out to, with regards to the residential units, you have your one space for one -bedroom
units, and every two-bedroom unit has 1.57 parking spaces. So we think that's going to work very well
for this particular project. It's also important to note that within the SD -7 District, the City's Zoning
Ordinance does allow developers to come in and ask for a ten percent reduction in their parking if you're
located within 600 feet of a Metrorail or People Mover Station. And we haven't asked for a reduction,
and we're exceeding that, and we are very close. We're within 140 feet of the Brickell People Mover
Station and about 320 feet from the Brickell Metrorail Station. So we think that's going to work really
nicely with this project, so that you'll have people living here, and they can get on the Metrorail Station
and they can either, you know, take the People Move to downtown for work, or if they want to go to other
places within Miami. It's making it a lot more accessible for people to utilize our Metrorail system if their
homes are closer to those stations, and we think that's going to work very nicely. I'd also just like to say
that with regards to the homeowners associations, we have had several meetings and conversations with
the Roads Association, and the developer did give their commitment to work with the Roads Association
with regard to meeting with FDOT (Florida Department of Transportation) and trying to get a median
placed on Coral Way in front of this project. It's narrow, but they might be able to work with some --
work out something. And we agreed to do that with them. Also, place shade trees along Coral Way, so
they might be able to get more of a shade canopy over Coral Way, like you have farther down on Coral
Way, and also working with the neighbors with regards to prohibiting left-hand turns if you were on 15th
Road, trying to make a left to South Miami or to Ist Avenue. At this point in time, if you'd like, we have
everybody here from our group to make a full presentation to this Commission. We could do that now.
Willy would like to say a few words about the School Board, as well.
Willy Bermello: Mr. Chairman.
Commissioner Sanchez: The School Board?
Mr. Bermello: Willy Bermello, with address at 2601 South Bayshore Drive, Miami. We have here today
Ms. Sally Osborne, with Dade County Public School Board, with a letter from Superintendent Roger
Cuevas in support of this project, and confirming a commitment that I made to the superintendent and to
two of the board members, specifically, Mandy Morris, whose district encompasses this school, and also
to Demetrio Perez, Jr. And that commitment is together with our contractor, Bovis Lend Lease,
represented here today. We will develop a plan very similar to what Ms. Slazyk mentioned with respect to
issues of protecting and safeguarding the school, the children, the faculty, administrators, visitors during
the construction process, in terms of traffic safety, in terms of noise, vibration, dust control, and any other
issues that may come up in our discussions with members of the School Board. We're committing to that.
And I wanted to appreciate Sally being here, which I guess -- oh, is she there? Sally? She has a letter that
she wants to officially submit for the record today. We have worked with the neighbors, with all of the
City staff. They've done a great job. I'm excited about this project, because it will be the gateway into
the Village of Brickell Village. We have taken extra care to evolve the design so that it becomes an icon.
Our partners in this deal is Summit Properties, a New York Stock Exchange -based real estate investment
trust. This is the second project that they do with us. They've gotten to like Miami. They've gotten to
like the Brickell area, and we give them a reason to come down from North Carolina to partner with us.
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And they're very excited about this project, and so are we. When everything is said and done, this will be
a ninety million dollar ($90,000,000) plus project done in two phases. And what's even more exciting --
and I had a long discussion with Superintendent Roger Cuevas, and I know that Commissioner Winton
will really appreciate this. We are going to work together with the neighbors, which I already committed
them to do that, and with the School Board to rebuild a new school for the Brickell area at the remaining
balance where the South Side Elementary School is today. And after talking with Arva Parks, and I know
how important the issues of preserving aspects of that school, the entrance of certain architectural motifs.
We will work with her as part of a workshop session committee that we're going to form together with the
School Board sometime in the early spring, so that the Brickell area -- I know that downtown needs one --
but the Brickell area needs a quality urban school for children, so that parents don't feel that the only place
they can send their kids is to private schools. And we're committed to that. And this is part -- this is the
beginning of that. So we look forward to your blessings and the endorsement of this board today. And we
can respond to any questions that you all may have.
Vice Chairman Gort: Thank you.
Mr. Bermello: Thank you.
Vice Chairman Gort: Anyone else, Adrienne?
Ms. Pardo: We can go through a full presentation if you'd like. Otherwise, if you'd like us to wait until
after anybody else makes comments, then we can do it in rebuttal.
Vice Chairman Gort: Is there anyone in opposition?
Tucker Gibbs: Well, not necessarily opposition. Roads Association
Vice Chairman Gort: Tucker, make yours, then.
Mr. Gibbs: OK.
Commissioner Winton: Anybody in "not necessarily" opposition?
Mr. Gibbs: Oh, I appreciate that.
Vice Chairman Gort: Right. Any comments that can help, no problem.
Mr. Gibbs: I appreciate that. My name is Tucker Gibbs. I represent the Miami Roads Neighborhood
Civic Association. And I wanted to let you all know; we've been working with the developer on this
issue. We expressed some concerns and those concerns have been pretty much addressed by the
presentation made by Adrienne. But I wanted to bring up some issues that we brought up at the PAB that
we said we'd bring up to the Commission. Our issues were essentially the school impacts, the safety and
the noise issues, and the preservation of the historic school. Another issue was the environmental impacts.
My understanding -- and I just spoke to Arva Parks, who couldn't be here today. And her concern is
specifically the preservation of the school, not just architectural features in the school. But the other issue
for Arva that's important -- and she's spoken to Sarah Eaton about this -- is the existence of a historic
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spring on the site and to ensure -- and I understand there is a condition on the MUSP that before anything -
- before the ground can be disturbed that they have to undergo an archeological survey. And we just
wanted to reiterate that, because the concern is that someone may come in there and fill in this area, and
we just want to make sure that you all understand that situation. I know the Planning Department does.
The other two issues are issues that tangentially involve this development. But it's critical that we wanted
to bring this to your attention, and that's the role of impact fees. When this issue came in front of my
clients, their issue was this is one of many projects on Brickell that have happened and that are going to
happen. And the impact fee amount that's being paid -- and Adrienne, I don't remember. I think it's one
point eight million dollars ($1.8 million) total, of which one million is the School Board's. Now, we
discussed this at length at the Planning Advisory Board meeting, and the fact that the School Board's
million dollars that they're getting out of this particular project will be spent in their district. And their
district does not just encompass the City of Miami. It encompasses a lot of other areas. And our beef is
this school that we're all talking about being an old school, by the way, Arva did tell me it used to be a
"C" level school. It's an "A" level school now, which means it's an excellent school. So the point is, if
you're going to spend a million -- if someone's building a project in the City of Miami and they're going
to spend their million dollars ($1,000,000), the School Board is going to spend the City of Miami's
project's million dollars ($1,000,000) in some other place, that's wrong. And we want to get an answer
from the School Board. And I know what the answer is going to be. "We're spending it in our district."
But I think the City may be able to send some kind of message to spend more money in the City.
Vice Chairman Gort: Tucker, we have been doing that, and we will continue to address it. And one of the
things we have done is we found, we identified funds within those fees to spend in the neighborhood
where the impact is being created.
Commissioner Winton: Not on school impact fees.
Vice Chairman Gort: No, I understand the school is not being done.
Mr. Gibbs: That's my next -- my next issue is that.
Commissioner Winton: Right.
Mr. Gibbs: But I wanted to focus on the school initially.
Commissioner Winton: And Mr. Chairman, that's an issue that's near and dear, I think, to the heart of
every single Commissioner here. In that regard, the City Manager and I have had at least two meetings
with the superintendent of schools on this very issue. And this is not just a downtown issue. This is a
City of Miami schools issue.
Mr. Gibbs: Absolutely, yeah.
Commissioner Winton: And we're made it very clear to him that we think that the Dade County Public
School System has done an absolutely inadequate job throughout the entire City in addressing schools.
And City staff actually is working on doing our own analysis to determine how much money over the
course of the last ten years or so has gone into -- has been generated by all of this development in and
around the downtown area that has gone to school impact fees. And so they're doing that analysis. We've
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got an ongoing dialogue with the superintendent. He's making some significant commitments to the City
as we speak. So we're -- the answer is we're heavily focused on that very, very issue, because it is
absolutely crucial to the long-term success of our community to have quality public schools in the City of
Miami, in all of our neighborhoods.
Mr. Gibbs: And if we're talking about Eastward -Ho and increasing development, then, doggone it, let's
start with our schools. The next issue is one of the City impact fees. We understand there are downtown
DRI (Development Regional Impact) --
Commissioner Teele: Excuse me, Mr. Chairman. Mr. Attorney, Mr. Gibbs, is this matter before us?
You know --
Mr. Gibbs: It's the major use special permit.
Joel Maxwell (Assistant City Attorney): No. The only issue before you now is the major use special
permit.
Mr. Gibbs: It's where that money -- well, I know where --
Commissioner Teele: You know --
Mr. Gibbs: Then I will relate this to the major use special permit. Our question, when we first got this
plan was, we have traffic problems in the Roads area and the West Brickell area perceived maybe not
level of service "D" or whatever the level of service is there, but our concern was, as development
continues, such as this development, we have to know where is money going to be spent to deal with the
impacts of that development? And we said, you know, we have problems at certain intersections. And the
answer the developer gave us was the right answer. "Well, we pay impact fees for that." And so our
question is -- and I think it's a very pertinent question to this Commission -- is if this developer is paying
impact fees for the future impacts of its development, we want to have two -- we'd like two questions
answered: One, how much impact fee money from Brickell is there for future impacts within Brickell?
And two, how much -- is there a plan in place for the impacts? Because as this project comes out with
only 600 units, another project comes in with 600 units, where is that threshold, and where is the money
for it? And if people have been paying impact fees into the City for ten years or five years, we wanted to
know where the money is.
Vice Chairman Gort: Tucker --
Mr. Maxwell: Mr. Chairman.
Vice Chairman Gort: -- one of the things that -- no, let me address this a minute. One of the things that
we did, we identified when we were looking for fundings to do capital improvements within certain
neighborhoods, we -- the Manager at that time and the administration got together with us and identified
those funds that were acquired by the impact fee in those neighborhoods, and they're being spent in those
neighborhoods. I understand administration is doing that and is looking into that. And that's one thing
that we want to make sure that gets done. Yes, sir.
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Mr. Gibbs: And that was our relation -- that was -- why we were trying to relate it to this particular
MUSP, because of the impacts of this MUSP on our neighborhood. We got an answer; we understand
that. But we'd like some clarification of where the money is that's going to be spent that this -- this
MUSP is spending approximately five hundred thousand dollars ($500,000), and where it's going to be
spent.
Vice Chairman Gort: Right. I understand, Tucker. I'll let the -- Mr. Attorney.
Mr. Maxwell: No. I just wanted to make clear on the record that there'd be no confusion of the fact that
the City has a separate impact fee ordinance, and that any impacts under that ordinance are assessed
separately from the MUSP and paid separately from the MUSP. And it would be inappropriate at this
point to attempt to assess any additional fees beyond that point.
Mr. Gibbs: Oh, no, I'm not talking about that. And I'm sorry, that was not -- I understand from reading
the MUSP, in the MUSP, it specifically says as part of the economic development portion, this is the
money coming into the City from this project. Now, because that was within the MUSP document, I just
thought that was something that could be discussed here about the MUSP. Well, as long as it's in the
MUSP, I -- somewhere in the MUSP, it should say, "You can't talk about this when discussing the
MUSP."
Vice Chairman Gort: We guarantee you that those funds are going to be well spent. I can guarantee you
that.
Commissioner Winton: And may I make one comment about that, as well? And that ought to go back to
the neighborhood, and Tucker, of all people, should have already relayed this message, because you're
intimately involved in this. We have, thanks to Commissioner Teele; we have a committee called the
Downtown Conference of Master Transportation Planning Committee that's already been funded two
hundred thousand dollars ($200,00) from the City, two hundred thousand dollars ($200,000) from the
MPO (Metropolitan Planning Organization), two hundred thousand dollars ($200,000) from the City of
Miami. That committee has been in place for four or five months. The consultants have been hired.
We're moving to the new phase. And you can't figure out what -- and you shouldn't figure out. You
should make zero decisions today about what you want to do with particularly transportation impact
dollars until after that comprehensive transportation plan is completed. And once that plan is completed,
then you can figure out what you're going to do with all these impact fees.
Mr. Gibbs: As long as we know that there is a plan going in place, and that money is not --
Commissioner Winton: Well, you do know, because you're sitting on the committee is my point.
Mr. Gibbs: I know. But I -- no -- I'm sitting on the Charter Committee.
Vice Chairman Gort: Thank you. I appreciate it. Thank you.
Mr. Gibbs: Not that committee. I'm not on that committee.
Vice Chairman Gort: Any other questions?
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Mr. Gibbs: Thank you very much.
Vice Chairman Gort: I think they want to read the letter into the record.
Mr. Gibbs: By the way, we have no objection to this.
Commissioner Teele: Are we going to get the letter from the superintendent?
Vice Chairman Gort: That's next.
Sally Osborne: Good afternoon. Sally Osborne, Miami -Dade County Public Schools. I'd just like to
reiterate basically what Willy has already stated for the record. He has met with our superintendent and
other members of the staff, including School Board members, and has agreed and put on the record today
that he will work with the School Board in all the safety and traffic concerns that we have had. May I
address the impact fee issue? I just want to also very, very briefly state, Vice Chair, that, yes, the impact
fees from the City of Miami for our school impact fees do go to the entire eastern benefit district.
However, as Mr. Winton said, the superintendent is very concerned about upgrading all the schools within
the City and the inner -City areas. OK?
Vice Chairman Gort: Thank you. We want to make sure we have a great partnership with you all,
because all the surveys that we have in trying to bring people into Eastward -Ho and trying to bring them
into our neighborhoods, the number one worry is the school system. So we're going to work very closely
with you to make sure we are going to have a charter school in the CDBG (Community Development
Block Grant) Districts. The Omni now also needs a high quality school, like in all our neighborhoods. So
we'll be working very close with you. Thank you, ma'am.
Ms. Osborne: Well, we certainly do. We're very proud of Southside's success, and we're excited about
the new school going for Ada Merritt, and we're hopefully planning a new K-8 in the area.
Vice Chairman Gort: Thank you. Are there any questions? Commissioner Winton.
Commissioner Winton: Yes, I have a couple. One, I guess, first to start with the school. And I think I'm
-- and this is to the School Board, also. I'm really going to echo, I think, what I heard someone say, Arva
Parks was saying. I have a great deal of concern about destroying this landmark facility. I mean, it's -- it
was, I think, built in 1917. So there's some real history here. And Commissioner Teele, myself,
Commissioner Gort, Commissioner Sanchez, I think Commissioner Regalado, we've all expressed a great
deal of concern in our City about our capacity to keep our historic properties in this City, and not go bull-
dozing stuff, and putting up fake facades, I mean. So there's a real concern about that. I agree with the
concept wholeheartedly of -- In fact, one of the questions I was going to have was what the relationship
between this building and the school was going to be, and you all have answered that. I just hope you
spend more time thinking about how you -- mechanically, how you get this answer done, because that's
really a pretty exciting building. And you want to -- I'm always nervous when the bulldozer comes out
and tears down old buildings, one. That's just a comment.
Vice Chairman Gort: He'll drive it himself.
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Commissioner Winton: And so I don't -- you don't have to have any response to that. It's a comment that
-- concern. I do have another request and a question.
Commissioner Teele: Can we close the public hearing?
Commissioner Winton: Oh.
Vice Chairman Gort: Is there anyone else?
Commissioner Winton: I have a -- what's it called? -- Jennings rule disclosure, something or other.
Before this -- before I knew anything was going to be happening here, I got a call from someone, a
community activist, and they were talking about -- and I didn't even know it related to this until now.
And the comment was, you know, the City ought to be working with the School Board to buy the land
adjacent to the school to expand the school. So that's the comment, and I have to put that on the record.
And so I had a discussion about that.
Mr. Maxwell: Does anyone have any questions of the Commissioner regarding that conversation?
Vice Chairman Gort: No. We'll close the public hearing. Questions. Commissioner.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I second the motion of Commissioner Winton.
Commissioner Winton: What was my motion?
Vice Chairman Gort: There was no motion yet.
Commissioner Teele: Well, whatever it is. But let's move on.
Commissioner Winton: I just got two quick things. One is in most of these major developments around
the City, what we do with the area surrounding the development while it's under construction is very
important. And some of the developers have done a real good job of screening off the construction area
and creating a very nice environment around the construction, and some of them have done an awful job.
So I hope that you work with our Planning or Building Department or somebody so that we create a nice
environment that's inviting to the public that blocks off the construction area. The second request I have
is jobs. We've talked about this many times. I hope that whoever the general contractor is will work very
closely with the City of Miami and bend over backwards to hire local residents from the City of Miami
from ground up to higher, get people trained that want to get in the construction world. Hire people from
the City of Miami to work on these projects. And frankly, that process is not happening enough in our
City. And I'm scheduling a meeting to talk about whether or not we ought to be looking at other methods
here to make that happen. But, you know, once again, we're going to call on the development community
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from a volunteer standpoint to work harder at seeing to it that we hire locals as much as we can for jobs
there. And that is it. So that said, I move staff's recommendation to approve this. With the conditions.
Vice Chairman Gort: There's a motion to approve and a second. And I want to make a statement that no
one came up to question, ask any questions of Commissioner Winton's Jennings rule.
Mr. Maxwell: Yeah. Mr. Clerk, would you have the record reflect that no one chose to or wanted to
follow up on the disclosure.
Vice Chairman Gort: OK. There's a motion and a second.
Walter Foeman (City Clerk): Yes.
Commissioner Teele: Discussion.
Vice Chairman Gort: Discussion.
Commissioner Teele: Three quick things. Number one, you heard this discussion about the spring, right?
Ms. Pardo: Yes, yes. We're looking into that. We've looked on our survey, and nothing is showing on
our survey. But our MUSP does have a condition that we have to work with the archeologist and with
Dade County, and we will certainly do that and abide by it.
Commissioner Teele: The Dade County archeologist?
Ms. Pardo: Yes, the Dade County's office, mm-hmm.
Ms. Slazyk: They have to hire their own, but it has to be coordinated through Dade County, because we
don't have a City of Miami archeologist. So through our Downtown DRI, the Dade County archeologist
will coordinate that. But they do have to hire their own.
Commissioner Teele: OK. So, counsel, is that satisfactory to you all?
Mr. Gibbs: Oh, yes. We discussed it.
Commissioner Teele: The other issue on the School Board. And there are a lot of concerns about a lot of
things the Dade County School Board is doing or not doing. And I certainly want to associate myself with
the concerns that Commissioner Winton raised, particularly relating to how the district -- the impact
district lines are drawn. And I think that's a subject that probably should come up on a Tuesday morning
or Thursday morning, and not in a zoning context. And it's something that I think we ought to really try
to begin a dialogue with the School Board. I don't think we ought to be strictly parochial in just saying
we're worried about the City, because they're looking at a broader geography of the whole County. And I
guess you have zones that -- How many of these impact zones do you have? Seven, eight, ten?
Ms. Pardo: Three.
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Ms. Osborne: No, there's only three.
Commissioner Teele: Only three. So, I mean, it's going to be very difficult, with the largest City in the
County to just be in one zone. But the point I wanted to make is the one thing that I think the School
Board has done an outstanding job of, and that is preserving historic buildings. Contrarily, I think, you
know, we've got the shoe in the wrong -- well, I won't use that analogy. We need to make sure that the
City Community Development staff and Planning staff hear what you're saying, Commissioner Winton,
because the problem with the lack of this City preserving historic sites is us. It's not them. It's not the
developers. If we want to move forward and designate a site for historic preservation, we're the ones to
do that. And using the Community Development funding, which, as you know, we finally got our first
funding, the first one in the history of the City. We've not designated any property as historic. So -- And
the School Board, I know in Little Haiti over there, you all have done a wonderful job in the restoration of
a school. And so, you know, I want you to tell the superintendent that some of us did say one or two good
things that you're doing. And historic preservation is the one thing that I will go on record as saying that
you're doing. But I'm totally in agreement with what Commissioner Winton and others are saying about -
- and Ms. Parks -- are saying about this unique facility. And I wanted to make sure that we're preserving
or we're doing something to preserve that school. Now, is there an agreement that they're going to
preserve the school that's a part of the conditions that we're approving, Lourdes?
Ms. Slazyk: The School Board -- the school is not their property. They're coming in next door. So what
they're going to do is work with the school --
Commissioner Teele: It's not a part of the MUSP?
Ms. Slazyk: No, it's not a part.
Commissioner Teele: It's not even before us then.
Ms. Slazyk: The school is not. There's an -- the question of the impact on the school from the
construction and traffic.
Commissioner Teele: Well, I, again, I just think that if we want to preserve historic buildings, what we
need is the Planning Department staff to go out and do the assessments, come in with recommendations
and make a recommendation of a finding of historical significance. And that does not happen, because
historically, in this town, the developers have not wanted that to happen. So even something like
Firehouse Station there on the corner of Miami Avenue and 14th Street, that hasn't been designated,
because the Commissioner that represented the district for a long time didn't want it, and all these
developers don't want it. So we need to move forward. And I think this is a great project. The only final
question is we have a first source hiring agreement. I don't want to put you on the spot, and I think it's
very inappropriate for us to ask you these major economic questions without first vetting it or clearing it
with you in some way through the staff. But what Commissioner Winton is saying is -- and we can add it
as a condition. And we did add it as a condition on the American Airlines Arena. And any other arenas
that may get built need to understand at least that one condition that's going to get added would be a first
source hiring, a mandatory first source hiring agreement. In fact, we added it on the Winn-Dixie
construction and several others. Would you all -- I think you need to take Commissioner Winton's
recommendation seriously and sort of voluntarily -- I'm not going to offer it as an amendment, but I think
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you all ought to voluntarily sit down with the City staff and voluntarily come back. I'd be delighted to
know that you all have voluntarily proffered a commitment to work through the City staff on a first source
hiring basis. First source hiring basis simply says that you're going to hire first residents of the City of
Miami for any construction jobs. And it goes out in your contract to your general contractor. And how
far it gets passed down is another issue. But I think it would be a very good gesture. Willy, is that the
kind of thing that you'd like to have your name associated with? OK. I thought that was --
Ms. Pardo: Could I just add to it as his lawyer, to protect him? If we could -- as far as the first source
hiring agreement, I know there's a lot more that goes into it. He has no problem with hiring, looking at
hiring residents of the City first. And if we could just have that, we don't have a problem with that. It's
everything else.
Commissioner Teele: An abbreviated truncated agreement that goes to the general contractor, the
developer and general contractor. Normally, you know, we try to get it down like to the sub, sub, sub,
sub. But I think it's not fair to do that, because it may have an impact. But I think it codifies what
Commissioner Winton is asking. But in this particular case, it goes hand in glove with the man that's
standing before us, who has done more to hire people, and some of the stories that I've heard, and seen
and read about are true stories of great corporate citizenship from Mr. Bermello. Is that guy still working
for you that I read about that found him swayed with the Lord, and literally had a -- Well, I know what
you do, Willy, and I know it's the kind of thing. So I will ask that that be included as an amendment as it
relates to the general contractor/developer team.
Mr. Maxwell: Commissioner, what you're doing is accepting their proffer.
Commissioner Teele: I'm accepting their proffer.
Commissioner Sanchez: Call the question.
Mr. Maxwell: OK.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. Good luck. Beautiful project.
Ms. Pardo: Thank you very much.
Mr. Bermello: Thank you. Thank you.
Mr. Gibbs: Thank you all.
133 2/8/01
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-133
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING, WITH CONDITIONS, A MAJOR
USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE BRICKELL VIEW
PROJECT, TO BE LOCATED AT APPROXIMATELY 1200 SOUTH
MIAMI AVENUE AND 30 SOUTHWEST 12TH STREET, MIAMI,
FLORIDA, TO BE COMPRISED OF 600 RESIDENTIAL UNITS, WITH
ACCESSORY RECREATIONAL SPACE, 23,461 SQUARE FEET OF
RETAIL USE, 30,521 SQUARE FEET OF OFFICE USE AND 843
PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN
RESOLUTION; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: OK. Now we go back to the regular agenda.
Note for the Record: AT THIS POINT, THE CITY COMMISSION CLOSED CONSIDERATION OF
THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
REGULAR PORTION OF THE AGENDA.
134 2/8/01
Vice Chairman Gort: Item 28.
Commissioner Teele: Mr. Chairman -- are they ready?
Commissioner Winton: You all had that many people here for this presentation?
Commissioner Teele: Mr. Chairman, I have a pocket item. Let's do these pocket items so we -- I mean,
because by the time it takes them -- Can we just start doing pocket items? Because they ain't ready.
Vice Chairman Gort: Go ahead.
Commissioner Teele: Mr. Chairman, I'd like to read a pocket item. A resolution of the City of Miami
directing the City Attorney to take all necessary steps to identify those African-American individuals who
served the City as a Judge during the period of "Separate but Equal" period in the history of the United
States. Further directing the City Attorney to advise the leadership of the Miami -Dade legal community in
general and the judiciary community in particular of the City's intentions to honor said individuals at its
meeting of February 22, 2000 (sic), and directing the City Manager to facilitate the preparation of
proclamations to be presented by the Mayor and Commission, acknowledging the collective efforts and
contributions of said persons identified. And the only amendment I would make would be -- it notes, by
the way, that February is Black History Month. And that's sort of the timeliness of this. It notes that
including but not limited to Judge Thomas, Judge Henry Arrington, Judge Baynon and Judge John D.
Johnson. And I would add: And such other individual barristers who served in a distinguished role to
eliminate "Separate but Equal" as an add-on to that.
Commissioner Winton: Second.
Vice Chairman Gort: Is there any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
135 2/8/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-134
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO
IDENTIFY THOSE AFRICAN -AMERICAN INDIVIDUALS WHO
SERVED THE CITY OF MIAMI AS A JUDGE DURING THE
"SEPARATE BUT EQUAL" PERIOD OF HISTORY IN THE UNITED
STATES; FURTHER DIRECTING THE CITY ATTORNEY TO
ADVISE THE LEADERSHIP OF THE MIAMI-DADE COUNTY
LEGAL COMMUNITY, IN GENERAL AND THE JUDICIARY
COMMUNITY, IN PARTICULAR, OF THE CITY COMMISSION'S
INTENT TO HONOR SAID INDIVIDUALS AT ITS MEETING OF
FEBRUARY 22, 2001; AND DIRECTING THE CITY MANAGER TO
FACILITATE THE PREPARATION OF PROCLAMATIONS TO BE
PRESENTED BY THE CITY COMMISSION, ACKNOWLEDGING
THE COLLECTIVE EFFORTS AND CONTRIBUTIONS OF SAID
PERSONS, ONCE IDENTIFIED BY THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman, the intent is to honor these individuals at the Commission meeting
of the 22nd, and to involve the legal community, and the judiciary that would like to be present in honoring
them during Black History Month. Thank you.
Vice Chairman Gort: I think it's very important to set up the role models. Tell the kids they can be that.
136 2/8/01
Vice Chairman Gort: Any other pocket item?
Commissioner Winton: Yes, I have one.
Vice Chairman Gort: Go ahead.
Commissioner Winton: It's a resolution of the City of Miami Commission that requires a four/fifths
affirmative vote ratifying, approving and confirming the City Manager's execution of an agreement in a
form acceptable to the City Attorney with Legg Mason Real Estate Services, Inc., for the provision of
consulting services on matters concerning financing and economic revitalization as it relates to the
location of a proposed Marlin's Ballpark, allocating an amount not to exceed fifty thousand dollars
($50,000) from the account number, blah -blah -blah, for said purpose.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Motion, second. Any discussion?
Commissioner Sanchez: Discussion.
Vice Chairman Gort: Discussion. Go ahead, sir.
Commissioner Sanchez: What recommendations in reference to using that company?
Commissioner Winton: Well, they're --
Carlos Gimenez (City Manager): Excuse me?
Commissioner Winton: He wants to know the experience of Legg Mason Real Estate. And I don't -- I
didn't happen to bring it with me, but I did happen to meet with them. And Legg Mason Real Estate, in
conjunction with the other consultant --
(INAUDIBLE COMMENT)
Commissioner Winton: Yeah. They are -- they've spent tons of time on all kinds of other professional
sports facilities all over the United States relative to both construction, but most importantly, on the
financing and economic side of the formula.
Commissioner Sanchez: Not to exceed fifty thousand dollars ($50,000), and we do have a
recommendation from the City Manager?
Mr. Gimenez: Yes, sir.
137 2/8/01
Commissioner Teele: This is pursuant to your authority of the -- chairing the Bicentennial Master Plan
Committee? Is that pursuant to that general caveat?
Commissioner Winton: No. I think this was something we approved two meetings ago.
(INAUDIBLE COMMENT BY MR. GIMENEZ)
Commissioner Teele: But it was pursuant to his role as Chairman of a committee, wasn't it?
Commissioner Winton: Uh-uh.
Mr. Gimenez: No, sir. That's a different pot of money.
Commissioner Winton: Yeah.
Mr. Gimenez: That's that two hundred thousand for the Bicentennial Park (inaudible).
Commissioner Winton: Right.
Commissioner Teele: So this is two hundred thousand for the Bicentennial, plus this fifty.
Mr. Gimenez: Yes. You're authorizing a hundred thousand dollars ($100,000) in order to get whatever
services we need in order to evaluate the Marlins Baseball Stadium.
Commissioner Teele: And who is this consultant going to primarily be working for and with?
Mr. Gimenez: He will be working for the City, sir.
Commissioner Teele: All right. For your office?
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: Any further discussion?
Commissioner Sanchez: No.
Vice Chairman Gort: Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
138 2/8/01
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-135
A RESOLUTION OF THE MIAMI CITY COMMISSION BY FOUR-
FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S EXECUTION OF AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH LEGG MASON REAL ESTATE SERVICES, INC.,
FOR THE PROVISION OF CONSULTING SERVICES ON MATTERS
CONCERNING FINANCING AND ECONOMIC REVITALIZATION
AS IT RELATES TO THE LOCATION OF A PROPOSED MARLINS
BALLPARK; ALLOCATING AN AMOUNT NOT TO EXCEED
$50,000 FROM ACCOUNT NO. 001000.921002.6.270 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 Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
139 2/8/01
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Go ahead.
Commissioner Regalado: I have an appointment for the Community Relations Board. Commissioner
Teele did a name that I was going to, but I do have, so we can complete the board. It's Shapiro Sam
Feldman.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 01-136
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY
RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
140 2/8/01
Vice Chairman Gort: I have a pocket item, which is, Commissioner Sanchez, within your district. And I
hope -- but it came to me at the request of the Kiwanis, me, I, as a member of the Kiwanis of Little
Havana. As you know, they're going to be the sponsors of the Friday in this month and March, and
they're going to use the Jose -- Maximo Gomez Domino Park for a VIP (very important persons) area for
the individuals there. And this is an emergency ordinance of the City of Miami allowing the item that
Jose Marti and Maximo Gomez Domino Parks among those parks at which alcoholic beverage may be
possessed and consumed; more particularly, by amending Section 38-69.
Commissioner Teele: Moved by Commissioner --
Commissioner Sanchez: Second.
Commissioner Teele: -- Winton. I mean by the Vice Chairman. Second by Commissioner Sanchez. Is
there objection? Ordinance.
Vice Chairman Gort: It's an ordinance. Read the question.
Commissioner Teele: Read the title.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 38, ARTICLE I, SECTION 38-
69 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PARKS AND RECREATION, USE
REGULATIONS, ALCOHOLIC BEVERAGES; INTOXICATED
PERSONS," TO INCLUDE JOSE MARTI AND MAXIMO GOMEZ
"DOMINO" PARKS AMONGST THOSE PARKS AT WHICH
ALCOHOLIC BEVERAGES MAY BE POSSESSED AND
CONSUMED; MORE PARTICULARLY BY AMENDING SECTION
38-69(a) (1) OF SAID CODE; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
141 2/8/01
was introduced by Vice Chairman Gort, 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Whereupon, the Commission, on motion of Vice Chairman Gort, and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12024.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Gort: Thank you.
142 2/8/01
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Did you have another item?
Vice Chairman Gort: Nope. That's it.
Commissioner Teele: Mr. Chairman, two other items. I've been instructed by the City Attorney -- the
City Clerk that we need a waiver for a board appointment for MSEA (Miami Sports and Exhibition
Authority) in the name of Mr. Larry Pierre, who doesn't live in the City, and it requires a four/fifths vote.
He has served, I think, with some distinction.
Vice Chairman Gort: Commissioner Teele, please. Can we get the meeting outside to move out, please?
Hello?
Commissioner Regalado: It's not a meeting. They are celebrating.
Vice Chairman Gort: No, I know, but let them celebrate outside.
Commissioner Teele: I move that the waiver provision --
Vice Chairman Gort: There's a motion.
Commissioner Teele: -- residency waiver (sic) provision of Larry Pierre to the MSEA Board be waived.
Commissioner Winton: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
143 2/8/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-137
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING
THE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-
884 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AS IT PERTAINS TO THE APPOINTMENT OF
LAURINUS PIERRE AS A MEMBER OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
144 2/8/01
Commissioner Teele: And finally, Mr. Chairman, I've been approached by the -- Mr. Attorney, what's the
correct legal term? Don't make me look silly.
Alejandro Vilarello (City Attorney): The grantor.
Commissioner Teele: Yeah, the grantor. I've been instructed by the grantor who granted land to the City
some years ago, African-American, prominent African-American family, Mr. D.A. Dorsey and his heirs,
who were reported as the first millionaires in the community that donated the Dorsey Library to the City
to be used as a library. They -- the building is boarded up, has been boarded up for the last 20 years in
Overtown. They have requested that we begin the process to determine whether or not the County library
system would accept the building and promise or pledge to use it as a functional library satellite. And I
would like to move that the Manager be instructed to work with the grantor and the library system to
determine whether or not if it's appropriate to facilitate the transfer, subject to the request of the donors.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any discussion? Being none, all in favor, state it by saying
"aye."
The Commission (Collectively): Aye.
145 2/8/01
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-138
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO REVIEW THE PROCESS IN CONNECTION WITH
THE GRANT TO THE CITY BY THE FAMILY OF THE LATE DANA
DORSEY, "THE DORSEY LIBRARY," IN ORDER TO ASCERTAIN
WHETHER OR NOT SAID FACILITY CAN BE USED AS A
SATELLITE LIBRARY LOCATION FOR MIAMI-DADE COUNTY,
PER REQUEST OF THE GRANTOR.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you. Any other --
Commissioner Teele: For the 22°a meeting, Lori, if possible.
146 2/8/01
Vice Chairman Gort: Any other pocket items? None? OK. Item 28.
Carlos Gimenez (City Manager): Mr. Chairman, members of the Commission, the administration will
make a presentation on the proposed baseball stadium. It's basically in three parts. One studies a number
of sites. They'll be presented in alphabetical order, not in any kind of order of preference. There will be a
discussion on the financial package, different financing options and the things that have been discussed
and maybe possible further financing for a baseball stadium in the City of Miami. And finally, there will
be also a discussion on the issue of the DRI (Development Regional Impact) pertaining to each particular
site. If I may begin, I will be presenting the different sites when this thing warms up. Walter, can you
give me this mike? The bulb was on. It was a second ago. It just burned out?
Commissioner Winton: Minor technical difficulty.
Mr. Gimenez: Oh, technology. About 22 seconds.
Commissioner Winton: Huh?
Mr. Gimenez: 22 seconds and counting.
Commissioner Winton: Alex.
Alejandro Vilarello (City Attorney): Yes.
Commissioner Winton: I want to read this paragraph. This is on -- this is on (unintelligible).
(INAUDIBLE COMMENT)
Commissioner Winton: Yes. I'm giving you my legal opinion. Did you see my law degree hanging over
there?
147 2/8/01
(INAUDIBLE COMMENT)
Mr. Gimenez: Are we ready? Are we ready? OK. The first site that we're going to be looking at is
what's the Arena East site. This is the site where the actual Miami Arena currently stands. It's bounded
on the south by -- this is Northwest 6th Street and that's Northwest 8th Street, Metrorail, Metrorail here.
And this is Northeast 1St Avenue. Some of the advantages of this site include that at least a portion of it is
owned by -- is government owned, so that we own it. There is easy expressway access. There's I-95,
there's 3-95 on top, and basically, it's the same kind of access that you can get to the Miami Arena, which
is pretty accessible today. There is sufficient land around the area for parking. The zoning is in place for
the four parcels. The land use designation is also in place for the entire site. And there's a Metrorail
station that's immediately adjacent to the site. There is reasonable access to a Metro Mover, which is
down here. Now, some of the disadvantages to this particular site. It requires the relocation of the FEC
(Florida East Coast) track. This right here is the current FEC track. And you cannot built a baseball
stadium without actually, you know, relocating it. We've talked to people from FEC, and this becomes an
extremely expensive and time-consuming proposition to move that particular track. They estimate that
it'll take them at least a year just to order the parts needed to lay the track. Then you have the other issue
of here's an old right-of-way for FEC, but even if you use that old right-of-way, you still have to acquire
other properties in order to make the connection back to the port. Although this may not seem like a very
busy railway, it's actually the rail that goes to the port, and it's absolutely necessary that that be
maintained. It also requires the relocation of an AT&T (American Telephone and Telegraph) switch
station, which is located right here. And we estimate that to be a substantial amount of money. We've not
spoken to AT&T yet about what that would be, but some of the off the record kind of remarks are that this
would be millions of dollars in order to relocate that. And for that reason, you know, this makes it a very
difficult site.
Commissioner Sanchez: Mr. Manager.
Mr. Gimenez: Yes.
Commissioner Sanchez: When you say "substantial," can you, hypothetically speaking, ballpark figure,
how much it's going to cost?
Vice Chairman Gort: A lot.
Commissioner Sanchez: Ballpark figure.
Mr. Gimenez: Well, relocating the FEC is millions. And I don't know how many millions, but it could be
tens of millions.
Commissioner Winton: Let me --
Commissioner Sanchez: I mean, we need to start putting some -- I mean --
Commissioner Winton: On one floor of our downtown building, we have a switch on that one floor. That
tenant put eight million dollars ($8,000,000) of improvements in. So this is tens of millions for that
AT&T switch.
148 2/8/01
Commissioner Sanchez: OK.
Mr. Gimenez: There is additional land acquisition cost in these two parcels here, and also this parcel here.
We actually own the Miami Arena area and the 4.9 acres that it occupies. There are DRI issues here that
that will be explained later on by Ana. There's an issue of cancellation of the existing management
agreement at the Miami Arena. I really can't tell you what that means right now in terms of cost. And
then there's the port impact. This is Southwest 6th Street. The truckers from the port have already said
that this in the future should be one of their main points to get out of the port, as there should be some
improvements, or we understand there are going to be improvements to the I-95, in order to make 6th
Street the preferred way out of the Port of Miami.
Commissioner Sanchez: Mr. Manager.
Mr. Gimenez: Yes, sir.
Commissioner Sanchez: Also, can you -- on -- there are three sites that would require cancellation of
existing management agreement. Can you provide the figures for those? There is the Orange Bowl, there
is the Arena West, and then there's the other one, right? The east and the west.
Mr. Gimenez: Right. Well, let me say that there are a number of issues that are still -- we don't know
what those costs are, and we're still researching, you know, some of that. So I don't have -- you know, I
mean, some of these are disadvantages. And there are issues that need to be worked out, and I need to
come back and say, OK, this is what it would cost. FEC is giving us some kind of a rough estimate as to
what it would cost to relocate the railroad. But they've already told us in our meeting that that is going to
be tens of millions of dollars. AT&T, we've got a meeting, I believe, scheduled for some time next week
that'll tell us how much they believe the relocation of that switching station is. This is a rendering of what
a baseball stadium would look like on the existing arena site. It's basically looking from the Metrorail
station. Next. The next site is the Arena West site, and it's bordered on the east by the existing Metrorail
station, on the west by 3rd Avenue and I-95. It also occupies the southwest -- Northwest 6th Street to
Northwest 8th Street. Advantages to this site are the -- most of this land is government owned. Most, if
not all of it is government owned. So it shouldn't -- we have an issue with this parcel here, which I'll talk
about later. It's got easy expressway access. There's sufficient land available for parking in the area.
That's also a parking garage right there. The zoning is in place there. The land use designation is also in
place. The Metrorail station obviously is directly adjacent, so you've got good mass transit. There is a
Metro Mover station very close to the site. Some of the disadvantages. There's a long-term lease with
Poinciana Village, which occupies this parcel, this 3.29 acres. Several of these condos are actually
privately owned, and we don't know -- I mean, I guess that although we lease the majority of it, several of
them are privately owned and, you know, that may be a further expense. The -- in this site, it requires the
relocation of individuals that are living there, and these, you know, people's properties and people's
homes. It requires a partial closing of Northwest 2nd Avenue. This is Northwest 2nd Avenue here. The
stadium would be right in the middle of it. Basically, it cuts Overtown in half. And that's a major
problem. There's DRI issues involved, like many of the other sites. There's a -- we have to relocate
Sawyer's Walk, which basically goes right here right now. There is also the port impact, because this is
Northwest 6th Street. That's the way out of the port. And so you would have the same issues here as you
had with the Arena East site. And there's probable neighborhood opposition to putting such a massive
149 2/8/01
structure, you know, in a neighborhood, you know, with a lot of people living there. This is a rendering of
what a baseball stadium would look like on the Arena West site. It's also again looking from the
Metrorail station west. There's three Bicentennial Park alternatives. The first Bicentennial Park
alternative is basically putting the stadium in Bicentennial Park and leaving Biscayne Boulevard basically
the way it is with the improvements that already are scheduled for Biscayne Boulevard. And that's
scheduled at this point for the year 2004. Some of the advantages to this particular site are the land is
presently available, construction can commence immediately. By the way, that's also a -- I'm sorry.
Construction can commence immediately on this site. The zoning is in place. The land use designation is
also in place. It has good access to Metro Mover. There's a Metro Mover station right there. Some of the
disadvantages to this site: The environmental cleanup here could be substantial. And I say just "could
be," because it's unknown. This area right here was the old Belcher Oil Tank Farm, was right here. Part
of it is under 395. And this portion actually is part of Bicentennial Park that is owned by the State. So we
knew that the tank farm was here. And there is some contamination but we don't know the extent of it.
So when I say it could be substantial, it could be substantial. And that's about as good as I can do until we
find out what the extent of the contamination is. There is no return to the City under the proposed
transaction. Actually, there is no return to the City under any of the proposed transaction as it is right
now. Parking limitations during times of competing events at the American Airlines Arena, down here, in
the Performing Arts Center, which is going to go right here. There is no nearby Metrorail station. There
are DRI issues in this site. And obviously, the truckers from the port have already expressed opposition to
this site, due to what they consider to be an increase in the traffic congestion in the area. There is also a
significant traffic impact from adding, you know, another 40,000 or so folks here 82 times a year. You've
got a number of events happening at the arena. You would have -- on those days where you have
concurrent events, you'd have a significant traffic problem here. Bicentennial Park `B" is what the Mayor
has proposed. The stadium would go on existing parkland. The Mayor has proposed that Biscayne
Boulevard could be deviated to the west by acquiring some four blocks worth of land, and then reconnect
it back to Biscayne Boulevard, just on the other side of the 395 overpass. Some of the advantages of this
site are basically a lot of the same advantages that were on the --keeping Biscayne Boulevard the same.
The land is presently available. The construction can commence immediately. The zoning is in place.
Land use designation is in place. There is good access to Metro Mover again. The park acreage remains
the same, because basically, the park area that you would pick up, which is this area right here, is roughly
equivalent to the area that it would take to build the stadium. Some of the disadvantages of this particular
plan. As with the other one, the environmental cleanup cost could be substantial. There is, again, no
return to the City under the proposed transaction. There is a reduction in the tax base in that these blocks
right here would be converted either to Biscayne Boulevard or to parkland, and it would reduce the tax
base. Parking limitations, as with the other, the original plan with American Airlines Arena and the
Performing Arts Center. There is no nearby Metrorail station, as with the other plan. There are DRI
issues here. And obviously, the same port impact and significant traffic impact. There also could be some
regulatory issues in filling the slip. We have a letter from DERM (Department of Environmental
Resource Management) that says that filling this slip, there may be a problem with doing that unless we --
you know, we need to further study that to find out what those problems could be, and in fact, could we
fill a portion of this slip. There is also an extensive approval process for the relocation of Biscayne
Boulevard. And there is a land acquisition cost for these parcels here, in order to get the space to relocate
Biscayne Boulevard. And there is the other impact, he traffic. Once you're relocating Biscayne
Boulevard and all this construction, there may be an impact to traffic on the existing Biscayne Boulevard.
This is a rendering of what the baseball park could look like at Bicentennial Park. This is really Biscayne
Boulevard, people crossing the street over into the park. And this is the (unintelligible) improvements that
150 2/8/01
are planned for the year 2004 on Biscayne Boulevard. This would be the park here. And this is the Omni
area. So you're really looking from southwest to northeast along the park. The Bicentennial Park "C,"
and we'll put up a rendering. And this is what's been talked about as the plan of moving the boulevard
east. And we didn't get this until last yesterday, and we weren't able to put it into the power point
presentation. But this is that particular plan. It'll maintain a park like setting, because what is being
proposed is the boulevard is -- will go into what's the existing park over a partially filled slip, and then
reconnect back to Biscayne Boulevard, basically on the other side of the 395 overpass. The stadium
would lie on the west side of Biscayne Boulevard. The advantages are it maintains a park like setting, has
good access to the Metro Mover. I think there is a station right here and a station right there. There are no
zoning issues associated with this plan and the land use designation is in place. Some of the disadvantages
to this particular plan include we don't know what the environmental cleanup costs are here. They're
unknown. Again, there is no return to the City on this proposed transaction. The parking limitations exist
again during the times of competing events. There is no nearby Metrorail station. There are DRI issues
associated with this site. There is the port impact again. There is significant traffic impact. Again, the
same issues, regulatory issues concerning the filling of the slip. There is an extensive approval process in
relocating Biscayne Boulevard. The proposed geometry -- that means how this boulevard goes back into
395 -- may not meet state and federal requirements. We are getting engineers from FDOT to look at this
proposal and see if, in fact, it meets those requirements. In light of the fact that the stadium needs to go on
the west side, there are certain requirements for speed and angles that can't be exceeded. And this
geometry may not -- they may not be able to make it, and it may not be approved by FDOT. There is
significant traffic impact during construction, because what'll happen, the stadium will actually be built on
what is now -- or part of it, anyway, is now Biscayne Boulevard. So in order for this to occur in the
Marlins timetable, an auxiliary road has to be built prior to, in order to diver the traffic around so that you
can start to tear up Biscayne Boulevard. The construction cannot start immediately, because also,
underneath what's the proposed stadium, there is a large sewer line. And we understand there are a
number of utilities running under Biscayne Boulevard that would have to be relocated. So I mean, my
best guess, and actually being very optimistic, is that this would delay construction at least for a year.
And you would actually in the end lose some park acreage, because the park, the Biscayne Boulevard
actually would go into what is now the existing Bicentennial Park. The next site is the Orange Bowl. The
advantages on the Orange Bowl are that there is plenty of land available to put a baseball stadium there if
the Orange Bowl is torn down. The zoning is in place. The land use designation is in place. There are no
DRI issues after the demolition of the Orange Bowl. There is easy expressway access on the north.
There's good public access from all directions to this particular site. As we all know, the Orange Bowl is
pretty easy to get to. Some of the disadvantages -- and there aren't that many -- is, one, there is an
existing commitment at the Orange Bowl with the University of Miami which does not contain a
cancellation clause. So we don't know, you know, what that would entail in terms of monetary
compensation to the University of Miami. There is an existing debt service of approximately thirteen
point eight million dollars on the Orange Bowl, itself.
Commissioner Sanchez: Just a question on the Orange Bowl. What is the -- we have a ten-year contract
with the University of Miami. I don't know exactly the conditions are that we could -- which we could
pull -- maybe an act of God -- to break away from the contract. But, you know, that's one of the things
that I will be asking you to provide cost with, if we were to cancel any of these existing contracts with,
one, the University of Miami; two, the Miami Arena.
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Mr. Gimenez: Yes, sir. But the -- if we were to tear down the Orange Bowl, I'm sure that they would ask
for some kind of compensation from wherever it is they would have to go to, in order to play their games.
(INAUDIBLE COMMENT)
Mr. Gimenez: I don't know if they would even allow it. I don't know, you know, what would happen.
This is an issue that we need to look into. But that's -- it's a significant issue as affecting the site, oh,
yeah.
Commissioner Sanchez: I mean, there's a lot of issues if you look at all the sites.
Mr. Gimenez: Yes, sir, there are a lot of issues.
Commissioner Sanchez: You know, the framework is on the table. We're looking at all the different sites
and the possibilities, and the advantages and disadvantages. But one thing that I think I would feel more
comfortable with, if we're able to put what are actual costs, you know, not to estimate on, you know -- one
is if the property is owned by a private individual, how much that property, you know, is for sale or what
is it appraised, if it's government owned land. There's a lot of issues on DRI. We need to know exactly
what those DRI issues are, you know.
Mr. Gimenez: Yes, sir. The DRI issues will be explained later separately. In terms of the information
that we have, we can get to you, there are a lot of outstanding issues on every site that we don't have the
information. It's just put up. It's an issue we feel it could be substantial and maybe not, but different -- a
lot of different entities have to be spoken to, and they have to give us, you know, the answer to those
issues.
Commissioner Regalado: Excuse me.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: Existing commitments. Ten-year agreement. Is it ten years more or ten years?
Mr. Gimenez: I believe that it's a ten-year commitment that was recently signed. I can get -- I can find
out exactly how much longer it's going. But it -- I think -- I got the impression it's like nine years, eight
years left on that commitment. I can get you the --
Commissioner Regalado: Were -- they were talking about building a stadium on their campus? That's
what I read somewhere.
Mr. Gimenez: They're talking about doing the Ryder Center, which is the basketball arena on campus,
yes.
Commissioner Winton: Not a football stadium.
Mr. Gimenez: I haven't heard anything about a football stadium. The FIU (Florida International
University) was talking about building a football stadium on campus.
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Commissioner Regalado: Oh, OK, OK.
Mr. Gimenez: There is no Metrorail or Metro Mover access to this site. And like every other transaction,
the current transaction on the table, there's no return to the City. This is the riverfront site. It's bordered -
- South Miami Avenue on the east. This is the Metrorail -- the Metrorail borders it on the west. The
Miami River, and there's 3rd Street, or this is the off -ramp to Biscayne Boulevard from I-95 is on the north
side. Some of the advantages to this: It's a lot of proximity to existing parking in the area. It's got good
access to the Metro Mover, which there's a station right here. There's easy access from the expressways
down 8th Street, get off here on Miami Avenue. There's reasonable access to Metrorail. Now, it could be
improved by actually building a Metrorail station right there, which apparently, what we found out is that
it's doable. The County's giving us a pretty expensive figure to put it there, but if a Metrorail station were
actually put there, it would actually provide really good access to the stadium. It's within walking
distance of central business districts, so we envision that a lot of the patrons to the game could actually
leave their cars and walk to the stadium. It's got good public access from existing roadways, and it could
potentially spur development on the river. And this and the Orange Bowl site have the least port impact in
terms of traffic. We don't see too many port trucks running around through here. They're further north,
and that's how they get in and out of the City. So this doesn't have an impact to the port traffic. Some of
the disadvantages to this particular site: First of all, there's the land cost. None of this is government
owned. It's all privately owned. We estimate -- and at this time, this is just an estimation. This could
cost, just the acquisition of this piece here, could cost somewhere in the vicinity of thirty to forty-five
million dollars ($45,000,000). There's one parcel that just went up for sale -- I think it's this parcel right
here -- that has an asking price of close to thirteen million. There's also a land cost in that -- need to talk
about. In the -- in some of the plans it shows -- this is the Florida Power and Light substation. There's a
substation here, which is -- which is -- there's no way you can move this. This would be astronomically
high. But then there was talk about them moving their service station, which occupies this area right here.
When we spoke to Florida Power and Light to give us an estimate of what that would be to relocate that
particular service station, they gave us an estimate of fifty million dollars ($50,000,000).
Commissioner Winton: How many?
Mr. Gimenez: Fifty million dollars ($50,000,000).
Commissioner Winton: Five -zero?
Mr. Gimenez: Five -zero. Five -zero million dollars. The reason being -- part of the reason is there are
some buildings here that'd have to be reconstructed. And apparently, there is additional cabling that they
would have to run in order to -- when they expand, they wanted to expand this substation. And if you give
up this land, they would have to expand the substation in some other location. And they estimate a
significant amount of money in order to run the cabling. That's why that price goes up to fifty million
dollars ($50,000,000).
Commissioner Winton: But why do we need that land?
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Mr. Gimenez: Well, that land is needed because the baseball stadium could fit in here. But there'd be no
parking. And part of the deal, or part of the revenue stream to the Marlins is the fifteen hundred -car
parking garage.
Commissioner Winton: So it's important to make that very important distinction here, that there's land for
the -- there's land enough on the other side to build the stadium. The only problem is that the Marlins
want special parking right there on land adjacent, and that's including the existing design. So.
Mr. Gimenez: That's correct. And we've identified this parcel as -- from Florida Power and Light, and
we've got an estimate of about six million dollars ($6,000,000) for that parcel. And you could build a
parking garage there. However, it will not be completely adjacent to the proposed stadium there.
Commissioner Teele: Mr. Manager.
Mr. Gimenez: Yes, sir.
Commissioner Teele: I don't mean to take issue with anything that you've said, but I think we need to
clarify the question that has been asked. The question of Commissioner Winton is: Why do you need --
What was your question, Commissioner Winton?
Commissioner Winton: Well, why? Why we're looking at off-site -- at these off-site parking
requirements when we know that the original requirement of the Marlins was -- well, it's --
Commissioner Teele: Let me try to give a different answer that you just -- from the one you heard. All of
the reports that I've read, and all of the correspondence that I've seen has talked about a facility of "X"
number of -- a minimum of "X" number of seats, with a minimum of fifteen hundred spaces. And that has
nothing to do with revenue. The fifteen hundred has to do with the requirements of the league for secure
parking for the players, and the apparatus, the administrative offices and essentially, a core cadre of seats
associated with the boxes, not for revenue as expressed. How many seats facility are we talking about Mr.
Manager?
Mr. Gimenez: I believe it's a 40,000 -seat facility.
Commissioner Teele: 40,000. So fifteen hundred -- this facility -- and we can get into this, but this
facility cannot be built with less than fifteen hundred seats, no matter where it is. And the question is:
Are you saying that the facility, with fifteen hundred seats, can be built over there on the east side, as
you've identified? Because that's what I'm not clear about. It was --
Mr. Gimenez: No, sir. I don't believe you can build the fifteen hundred seat or fifteen hundred -space
garage on that facility. I don't believe so, but there may be some way to do it.
Commissioner Teele: I mean, at some point, we can ask the Marlins or somebody. But I just wanted to
clarify that we're not talking -- as least as far as I understand the discussions that have been aired by the
so-called Penelas/Carollo plan talked about a facility for approximately 40,000 seats with fifteen hundred
spaces. The fifteen hundred is necessary to build the facility. And obviously, it probably doesn't even
meet our codes in terms of what would be required. But I don't think to suggest that the minimal amount
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of parking for the people who are doing the catering, the people who are doing the service, the baseball
players, et cetera, et cetera, et cetera, which is going to come up to a minimum of fifteen hundred is a
revenue issue for the Marlins. But they can speak for themselves, you know. I don't --
Mr. Gimenez: Yeah.
Commissioner Teele: Yeah.
Mr. Gimenez: We have representatives here from the Marlins, and I'm sure they'll be happy to answer
that question. I always thought that it was a revenue source. I may be mistaken. The -- in any event, we -
- this site here is available for about six million dollars ($6,000,000), if, in fact, you know, they require a
fifteen hundred -space garage. You could build it over here, but it would not be, you know, directly
adjacent of it. There are zoning issues involved with this particular site. It's not zoned correctly, so we
would have to rezone it. At least some of the parcels are not zoned correctly, as I understand it. There's
obviously the DRI issue involved in this particular site. There's a land use designation issue. There is a
time frame for construction. According to the Marlins, they're looking at a 30 -month time frame to be
playing ball in the new stadium, in April of 2004. Because of the constraints of this site, they're saying
that it would take them 38 months in order to construct the same stadium on this particular site.
Commissioner Regalado: Question, Mr. Manager
acquisition is the Orange Bowl?
Mr. Gimenez: Bicentennial site is also another site.
So the only site where we don't need to do land
Commissioner Regalado: Number one. The "A" plan. So there is --
Mr. Gimenez: Yes, sir, the "A" plan.
Commissioner Regalado: Because even in the old arena, we have to.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: So there's only two plans where we need to come up, or somebody, to buy land,
right? Only two without --
Mr. Gimenez: Two that we don't have to buy land, yes, sir.
Commissioner Regalado: We don't have to. So the plan, Bicentennial "A" and the Orange Bowl.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: OK.
Mr. Gimenez: By the way, sir, the contract with the UM lasts another nine years.
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Commissioner Winton: And if I may clarify than, your point about only two locations where you don't
have to land --
Commissioner Regalado: Right, right.
Commissioner Winton: -- which is definitely true, Bicentennial Park and that one --
Commissioner Regalado: Right.
Commissioner Winton: -- assumes that the City is going to provide free land. So --
Commissioner Regalado: All of the deals, according to his presentation, City doesn't get any money.
Commissioner Winton: Well, right. That's -- somebody else, somebody else crafted that plan.
Commissioner Regalado: That's what he thinks.
Commissioner Winton: Right. That's what -- somebody else crafted that plan. The Manager is only --
Mr. Gimenez: Well, I don't think that.
Commissioner Winton: He didn't craft that plan.
Commissioner Regalado: No, no. But I'm joking. But -- no, no. But what I'm saying, Johnny, is that if
the City were to enter in a deal with the County, or the Marlins or whoever, the only two places where we
don't have to invest money are these two, Bicentennial "A" and Orange Bowl.
Commissioner Winton: Yeah, right. The only two places where -- let me put it a little differently. The
only two places where we could, the City of Miami could provide free land to Marlins baseball is those
two locations.
Commissioner Regalado: OK. All right.
Mr. Gimenez: There is an additional construction cost associated with this particular parcel, according to
the Marlins that's something in the vicinity of thirty-eight to forty million dollars ($40,000,000) for this
particular site. So you need to add the cost of the land, plus the additional construction cost when you're
looking at this deal. The Marlins also state that that particular site compromises their design and
functionality. It increased the likelihood of cost overruns and --
Commissioner Winton: Mr. Manager, I don't think we should be listening on these things, all of the
Marlins objections to all the sites.
Mr. Gimenez: I understand, sir.
Commissioner Winton: OK.
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Mr. Gimenez: I guess they can talk for themselves.
Commissioner Winton: Right.
Mr. Gimenez: OK, sir. This is a --
Commissioner Winton: I think you've done a good job of looking at the issues that are important to the
City, and I think that's very, very appropriate. And any of those issues that are relative to the City, I think
are the issues you ought to put down, but not just -- not just list the Marlins' objections, because they have
objections to every single site except the free Bicentennial Park site.
Mr. Gimenez: Yes, sir. This is a rendering of what the river site could look like from, I guess, the other
bank, the south bank of the river.
Commissioner Teele: Mr. Manager, I didn't understand one aspect of this presentation. And I'm slow in
numbers. What was the cost of the land? You said forty million dollars ($40,000,000) in the incremental
cost for the construction, plus the land. But I ran out of fingers and toes. I don't know how much you
said the land is.
Mr. Gimenez: The land where the stadium would actually be built on, right here, we're estimating
somewhere between thirty to forty-five million dollars ($45,000,000). And then the additional cost of the
-- if they -- we provide a --
Commissioner Teele: Thirty to forty million dollars ($40,000,000), including or excluding the minimal
parking? Could you go back, Lori, to the --
Mr. Gimenez: The parking, you mean? Excluding that. Another six million for that.
Commissioner Teele: I'm not talking about "parking -parking," I'm just talking about component parking
for the stadium. I'm talking about the fifteen hundred --
Mr. Gimenez: Yes. That does not include -- the thirty to forty-five million does not include the land that
you would need to buy in order to put the component parking, which that's another six million dollars
($6,000,000). So you're talking thirty-six to fifty million.
Commissioner Teele: Roughly fifty million dollars ($50,000,000).
Mr. Gimenez: It could be up to fifty million dollars ($50,000,000), yes, sir.
Commissioner Teele: Plus the incremental costs.
Mr. Gimenez: Which could be up to forty million dollars ($40,000,000).
Commissioner Teele: OK. You said -- but the way you said it, you said it was the forty million dollars
($40,000,000) plus the land.
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Mr. Gimenez: Yes.
Commissioner Teele: And I didn't year what the land number was.
Mr. Gimenez: The land number, if you total it all up with the space for the incremental parking, could be
anywhere from thirty-five to fifty million dollars ($50,000,000). And then the additional would be
another forty million dollars ($40,000,000) for the added cost of the construction. This is an overhead of
the different sites. There are three -- there are two different plans with the baseball stadium on
Bicentennial. There was another one that puts the stadium in this area, just to the west of it. This is
Miami Arena East, Miami Arena West, the river site, and that's the Orange Bowl site. This is the Plan
"B" for Bicentennial. The stadium basically remains in the same location as Plan "A," and then at a later
point in time, you could relocate Biscayne Boulevard and add the additional park acreage back to the park,
including the partial filling of the slip.
Vice Chairman Gort: And what's the estimated cost of the additional land to be purchased?
Mr. Gimenez: I don't have a figure for the cost of this particular land. We need to contact the owner and
see what that individual feels would be the cost of that land, and so I don't have that figure for you right
now.
Vice Chairman Gort: My question is: There's a lot of things that need to be checked yet, and prices to
get. My understanding is they have a deadline for the 15th, I understand, of this month. I don't know if
that can be extended or not. And I'm telling you, I'm willing to have a special meeting just to deal with
this. But we need to have all of those, and what deal the City's going to get, what are the prices and the
total prices. Are we ever going to get that?
Commissioner Regalado: Mr. Chairman, just briefly. I understand that the County and the Marlins'
deadline is not ours, so. But I think that in fairness to the project, we have to understand, and
Commissioner Sanchez, and Willy, and Johnny and -- well, everybody here understands, but you guys
have more experience. There is a process in the State legislature that if they do not go forward in then ext
two or three weeks, they won't be able to do anything in this session. And that process is a major
component of the stadium. So I think, Willy, that, you know, you are right. It's a need to discuss these
issues sooner than later.
Commissioner Sanchez: There is a process here. There is a frame laid out. There is a process here that I
want to continue. Now, looking at this presentation, and just to -- point of clarification. There are two,
possibly three sites at the Bicentennial Park. There is the East and the West Miami Arena. There is the
Miami River site, and then there is the Orange Bowl. Now, looking at this presentation that you put forth
here, what I would like, following the process that's being laid out is for you to provide to us -- and this, at
least it provided us with the sites that are there, the advantages, and disadvantages. I would like to take
this a step further, for you to come back at whatever time you think you're comfortable with, and provide
at least this legislative body -- we want to know cost certain on every site. I would like to know the land
cost, if it's private or government, whatever the cost may be, costs affiliated for all DRI issues. I want to
know costs associated for cancellation of management agreement. I want to be able to break down each
and every site and say, the Miami River, buying property, the total expense, a hundred million, fifty
million, whatever the numbers are. Because, I mean, here we are throwing numbers out and throwing
158 2/8/01
figures out that I don't think may be accurate. So for me to make this decision, and right now, you know,
I will follow the process, because I think if you agree on one thing it's that we agree that baseball is good
for our City, and we're going to do everything we can to keep baseball here. But you need to provide us
with accurate numbers or close numbers on each possible site. I think we've reached a plateau on sites. I
just can't imagine another site.
Vice Chairman Gort: You'd be surprised.
Commissioner Sanchez: I would be surprised.
Commissioner Winton: Right, right.
Vice Chairman Gort: You'd be surprised. Somebody will dream of something tonight and they'll bring it
back tomorrow, believe me.
Commissioner Sanchez: All right. Well, I -- I would like for you to come back and give me numbers
associated with everything on each specific site.
Mr. Gimenez: Commissioner, we're trying. We're trying to get those numbers. This is an attempt to
keep you informed of what we are doing. I will caution you, however, that I can't give you an exact
number, because all I can do is ask those people, "Listen, you own this parcel. What do you want to sell it
for?" And that may be the asking price. And until we start to negotiate, we will find out what the real,
real price is. But that's --
Commissioner Sanchez: Mr. City Manager, let me just say one thing. All right. Based on the proposals
that have been presented, and I have really looked at one that I've really looked at, and that's the Mayor's
proposal, because the rest of them have not been presented to me. This is a lot of information. And
basically, I would be making my decision when the time comes to make this decision basically based on
your advice along with legal advice on this matter. So I don't want to know what Mr. John Henry has to
say right now. I want to know what you have to say and what the Legal Department has to say pertaining
to all this. So right now -- and you know what? I think that we ought to give -- and I think that it's
appropriate for us to let them today explain or give a presentation on their side, because I think it's only
fair. We heard ours. We should hear theirs. But I have been to the meetings, several of their meetings
pertaining to their sites, and I've heard their concerns and their presentation. Now, I think that we just
need to go a step further and provide us with more accurate numbers, more information base, because this
just gives me a proposal of seven sites. What are the advantages, and what are the disadvantages? Period.
Commissioner Winton: But don't forget, today, we just ratified him being able to spend fifty thousand
dollars ($50,000) on those consultants. So.
Commissioner Sanchez: But hold on. Here's the question. Would that --
Commissioner Winton: And that's -- that's the whole --
Commissioner Sanchez: Would that consulting firm that we hired today, would they look at all seven
sites?
159 2/8/01
Mr. Gimenez: Yes, they will.
Commissioner Sanchez: OK.
Vice Chairman Gort: They need the expertise to come out with the right number. At the same time, the
procedures of moving the -- getting the permits from DERM and all the authorities we have to go through.
What are the time spans? Because my understanding is they have a time restriction that we have to deal
with. And I want to make this clear. Everyone here wants to see the Marlins stay in downtown Miami,
and we're doing everything possible. But at the same time, we have responsibilities. There's a lot of
information going out to the public, but not with details. I think the Marlins have made presentations to
us, the Mayor made a presentation to some of us, but all of the others ideas, nobody has come up to us
except for this presentation you're making today. And I think it's very important that people understand,
for us to make a decision, we've got to have the right numbers, and how the City's going to be affected.
And number two, when we give the land, I want to see the contract that the City is going to get, because I
think we all agree that the original contract where the City doesn't get anything, we're not going to go for
it. OK?
Mr. Gimenez: And I agree with that. And as we get the answers to these issues, we will start plugging
them in. These are just issues that are unanswered at this point. And we are trying to plug in those
numbers as we gather them.
Vice Chairman Gort: Well, my understanding is -- and this is something we need to clarify. Today is the
8th. And I want to know if that deadline of the 15th can be extended or not. And that's something we need
to know.
Mr. Gimenez: The problem that I'm having, sir, is that a lot of these issues, we have to wait for somebody
else to come back to us. We had a meeting with FEC about -- they own a large chunk of that river site.
What are they asking for that? We're having difficulty finding out who owns the other site. There's three
owners to that site. So we're having difficulty in some of these issues in clarification. We have a letter
from DERM saying it's going to be difficult to fill the slip. But we need to really ask them what would it
take to fill that slip. And then we have to come up with some kind of a dollar figure as to what the would
cost. The Orange Bowl, we have to talk to the UM attorney. You know, if we cancel this particular
contract, what are you looking for in term of compensation? I mean, there's a whole listing of issues that
we have to plug in one at a time. And they come back to you and say, OK, here is the cost, this is what we
know. And some of those will be estimates.
Vice Chairman Gort: And the other thing I'd like to know, because I stated this to the Marlins is, if
there's any legal ramifications, can that take time?
Commissioner Teele: Say again? I didn't hear you.
Vice Chairman Gort: If anyone -- let's face it. There might be, on any of those sites, there might be a
challenge from someone and taking them to court. Could that hold us in court?
Mr. Vilarello: Each one of the sites is subject to some kind of challenge.
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Commissioner Winton: Everyone.
Mr. Vilarello: Whether it's property that we currently own, or property that needs to be acquired.
Vice Chairman Gort: OK.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: But I'd like to have that in consideration, because we need to know all that
information in making our decision.
Commissioner Regalado: Mr. Chairman, I think that the only site of all those presented by the Manager
who we can know tomorrow how much exactly is, is the Orange Bowl, because you just have one issue,
only one issue there. The contract. And you just have to find out with the UM whatever their preference
or their -- the City Attorney or have an estimate. I think that the easiest -- and as soon as you have that,
please send it to us so we can start using that information. It would be the -- I think it would be the
quickest one, and I think it's the cheapest one for the City. But that -- And I really, I really think that in
all discussions, the Marlins should be part of all the discussions, because the Marlins understand that the
City is not going to give away the land for nothing. So they've got to have some ideas. I spoke to the
Mayor of the County, and they understand, too, that the City is not going to give away the land for
nothing. Although they don't have many options, nor do they have the time to propose all their options,
but you know, these people have to go to the legislature, and they have to deal with several issues. And
they've got to know if there is the possibility, at least that they would have some kind of deal with the
City. So it's up to you and the Commission to try to discuss with the Marlins to see if they can do
something for the City.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Manager, are we -- is that the end of your presentation?
Mr. Gimenez: No, sir. There's the financial aspect and then the DRI.
Commissioner Teele: I'd like to try to at least get all of the information on the table. I've got some basic
questions. I don't -- I don't know how long we're going to stay here, but the way you're leaving this
extremely -- these extremely pregnant pauses, Mr. Manager, gives me a real concern about the time line
and the timetable. And what I need from you, not this second, but before we leave here tonight, I need a
realistic time line or timetable that you expect us to act on, because, you know, I've said consistently, Rule
100 of the professionals when dealing with the legislative body is make them walk the plank. Either, you
know -- or walk the plank. And we always have to walk the plank. I mean it's -- you've got to make this
decision today. Otherwise, we're going to lose "X" millions of dollars, or otherwise, this opportunity is
going away. And I think we need to manage ourselves, I mean, in the 11th hour now, that last hour that
we've got, we need to at least agree on some timetables and time lines to manage this process. So not
right this second, but that's going to be my main issue with you. And then the other issues are these issues
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-- I don't even see how we get here. I mean, I don't see how we get there, but I want to hear what the
Finance person is saying, because I don't think the -- I mean, you've said there are DRI issues. I don't,
certainly don't mean to speak for your department, but the DRI issues are -- they're outside of our control,
aren't they? We can't -- can we resolve the DRI issues?
Lourdes Slazyk (Assistant Director, Planning and Zoning): Hi. For the record, Lourdes Slazyk, Planning
and Zoning. The DRI issues are not insurmountable. It's a matter of the City looking at the different
options to resolve the DRI issues. Our downtown DRI and Southeast Overtown/Park West DRI's do have
capacity to handle the amount of seats. There aren't this many seats available in them right now, but we
have the ability to swap credits out in the DRI to get them. But that would be at the cost of using up a lot
of credits for the rest of downtown development. So some of the options that we went over have to do
with dealing with the State and recalculating some of the tables that were used for traffic, to see if we can
pick up some capacity and be able to handle taking these kind of credits out of the DRI, or the stadium
would have to get its own DRI, which is about a year and a half process. So it's a matter of options.
Commissioner Teele: Lourdes, Lourdes, how long would it take, realistically? Let's assume that
everybody wanted to solve it, we are prepared to bite whatever bullet, swallow whatever pill. What is the
minimum amount of time, in your professional judgment we could solve the DRI issues to accommodate a
40,000 -seat facility?
Ms. Slazyk: Well, it depends on the State, but I think if we can negotiate with the City on some of our
DRI transportation tables, maybe three to six months.
Commissioner Teele: OK. So on any of these sites, we're still 90 ways away from solving that issue.
Ms. Slazyk: Yes. And any one of these sites would also require a major use special permit, which is
about a five- to six-month process. So six months, if everything were to click.
Commissioner Teele: See, we need to see this on a time line.
Vice Chairman Gort: That's why --
Commissioner Winton: But you see, I think the way we ought to think about those issues, however, is that
if you zero in on -- if you choose a site and you know those are the issues, those do go on the time line.
There's a million things -- if you've chosen the site -- those are just one of 5,000 individual elements that
have to get done to get construction done. S if the site's chosen --
Ms. Slazyk: And utilities.
Commissioner Winton: -- we could be working on all of those component pieces with the State and
everybody else at the same time that the Marlins are working on design and everything else. So I don't
see those kind of issues holding anything up for the Marlins.
Commissioner Teele: That's my point, in that we're not going to be able to resolve any of those issues.
And I think the fact that you're intelligently informing us that there are issues, and I think the Manager has
been very careful, you all have been very careful to do that, and we need more definition of that. But I'm
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totally in agreement with Commissioner Winton. Those are issues that the Marlins are going to have
recognize, if we go forward, that that's the risk that they take in completing the design of the stadium
while we work them out. But we're not the authority to make those decisions. That's the point I'm trying
to make. That's somebody else's job.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Winton: Everyone is talking about this time line, and this February 15th deadline. And I'll
tell you; I'm hugely troubled by this. I'm hugely troubled, because -- because this is a huge issue for us
and for our community. It's a huge issue. And the fact of the matter is, is that John Henry bought this
baseball team -- I don't know -- over a year ago. A deal got negotiated without the City's involvement,
both in terms of general location, and absolutely in terms of financing. The City gets brought to the table
and is told that you've got 60 days to get all of your ducks in a row. Period. Now, I'm all in favor -- you
know, we worked our rear ends off, Commissioner Teele, because of your leadership on getting the NAP
(Network Area Point) done, because that's good for the City. I think all of us agree that baseball is good
for the City, and we all want baseball in the City. But the difference between this process and that is that
the NAP and the people involved with the NAP, and the State and all those people, you were working with
them for months before the real kickoff started, and you make all -- We're getting this thing shoved down
our throats. And while I'm sympathetic, we have very, very, very serious public policy issues that we
have to deal with on this site and its financing. And for somebody to come up to me and say, "You've got
now one week to make your decision or everything is done," I -- I can't accept that. We can't get our job
done in a week. We've just got our consultants on board. And so it's going to take us some time. And I
don't know if that time is going to be three weeks, four weeks, five weeks. And I guess the Manager has
got to think about that and talk to the consultants. But whatever time it takes us to, as fast as we can, but
to thoroughly understand all of the issues that are before us, I think it's our responsibility to do that, and
absolutely not be pushed into making a decision by February 15th where we're simply not going to have
the information to make an intelligent decision. So I, for one, feel no pressure, whatsoever to make it.
Now, I'm just one guy here, but I don't feel any pressure to make a decision by February 15th. That was
not a date of my choosing.
Vice Chairman Gort: Thank you. Let's finish with the full presentation.
Robert Nachlinger (Assistant City Manager): Thank you, Commissioners. Bob Nachlinger, Assistant
City Manager. The proposed Miami -Dade County arrangement with the Marlins anticipates using five
revenue streams to finance the stadium. Those revenue streams are the rental of the stadium, a four
percent surcharge on the tickets, a sales tax rebate from the City, the parking surcharge from the City of
Miami, and the convention development tax. The stadium rental. If the rental of the stadium is payable
during the construction period, which is not addressed in the transaction that I see, it would be six million
a year for the 40 years, and that would -- we'd anticipate to be able to finance seventy-three point three
million of the construction cost. That's based on a 1.25 times coverage, because I don't think the market
would let you issue debt on 100 percent, because there's really no guarantee, other than the Marlins'
signature on that. And if the amount was not payable during the construction period, it would cost about
or use about ten million of that seventy-three point three million to pay the capitalized interest on the
transaction. The four point eight million a year, which is the 1.25 times, is the net bondable revenue, and
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that would be principal and interest cost of a hundred and ninety-two million dollars ($192,000,000) over
the 40 -year period. The disadvantage, of course, of this revenue stream is it is a private sector revenue,
and the financing from this piece would have to be done on a taxable basis. There is a chart here that just
presents the principal and interest cost, based on a level debt service or mortgage type amortization of this
bond issue over that 40 -year period. The second piece of the financing is the four percent ticket
surcharge. The Marlins plan to place a four percent surcharge on the price of a ticket to a maximum of six
point five million, which I believe they reach at about the tenth year of operation. This revenue stream
also is a locally generated private sector revenue, and would require the bonds to be issued on a taxable
basis. Given that it's attendance -based revenue, I would anticipate that the financial market would require
us to have a one and a half times coverage on this debt. And that would mean that the amount that could
be bonded is about four and a half million, actually four point three million annually. That would produce
fifty-three point five million dollars net of a capitalized interest cost. And the P&I (principal and interest)
cost over the 40 -year period is about a hundred and seventy-one point six million dollars. And again, here
is a chart of that debt service structure with three years of capitalized interest and the 37 years of principal
amortization. The third piece of the transaction is the sales tax rebate. And if the State legislature were to
approve a sales tax rebate of the taxes generated by the stadium over a 40 -year period, we anticipate that
this source could finance about six -five million of the construction cost, again, after three years of
capitalized interest, because two years plus of construction, and there's no sales tax to rebate until people
start attending the facility. We base this on a one point two five times coverage. Of course, if the
legislature made an annual appropriation of a set amount, the amount could be increased and bond that
entire six and a half million dollars for available revenue stream of about eighty million. And again, the
principal and interest cost of this bond issue over the 40 years would be about two hundred and eight
million dollars. And here is another chart of the anticipated principal and interest cost of that structure
over the 40 -year life.
Commissioner Winton: So it would go from sixty-five million to eighty million, if you can go from --
what is that? From five point two to six point five?
Mr. Nachlinger: Yes, sir.
Commissioner Winton: OK.
Mr. Nachlinger: The third piece or the -- excuse me -- the fourth piece of the financing is the parking
surcharge. And again, if the State legislature would extend the parking surcharge, basically, in perpetuity,
the City has been asked to pledge up to two million dollars ($2,000,000), based on the revenue generated
from the parking, fans parking, from the baseball fans at the facility. Since there is no other debt on this
revenue stream, that's be a first lien pledge, and the entire two million would be bondable, and we
anticipate it would generate about thirty and a half million dollars for the construction cost. And the
principal and interest cost over the 40 -year period would be eighty million dollars ($80,000). And again, a
chart of that financing. The last piece, and the one that's most complex to deal with is the convention
development tax. The convention development tax right now for fiscal year 2000 actually returned or
produced twenty-nine point two million dollars. The tax itself currently is -- supports the debt repayment
on the Miami Beach Convention Center and the Miami Arena. It supports the six and a half million dollar
operating subsidy to the American Airlines arena. It pays for the bonds issued for the Performing Arts
Center and a subsidy for that Performing Arts Center, as well as a million dollars a year for the Cultural
Affairs Council grants. This chart is a listing of the existing obligations against the tax, which run from a
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low of thirty million dollars ($30,000,000) to a high in about 2037, of about seventy-six million dollars
($76,000,000), and those are the term obligations. And the other line is the existing revenue stream, based
on a five percent growth rate in that tax. The next chart that you have is basically the difference in those
two lines. That's the available convention development tax, based on that five percent growth, and the
existing obligations. As you can see, in the next two years, it's quite frankly anticipated that the County is
going to have to pay out seven to eight million dollars ($8,000,000) over the next -- in each of the next
two years, because of the over -commitments of the convention development tax currently. And then the
tax, itself, would grow from about one million dollars ($1,000,000) up through the final payment on the
Performing Arts Center in 2037 and at that point, the revenue stream, based on that five percent growth,
would be in the neighborhood of two hundred million dollars ($200,000,000).
Commissioner Winton: Now, there's a rationale for that five percent growth factor, which his relatively
strong, and what is that?
Mr. Nachlinger: That is based on the historic growth of the tax over the past ten years, which it's actually
been growing almost at double digit rates. I think the average has been about nine percent.
Commissioner Winton: I thought I heard seven. But it's more than five.
Mr. Nachlinger: But it's more than five, and it's also been a very good economic period.
Vice Chairman Gort: Let me ask you a question. Is this a package that's been put together by the
committees, by the County or by us?
Mr. Nachlinger: This has been prepared by us, based on the transaction and the information that I've been
able to glean by going to all these meetings.
Vice Chairman Gort: All right. Now, let me add another question. How many committees are working
on this?
Mr. Nachlinger: Well, the only -- the main committee that's working on it is the Community
Improvement Authority, which was the Port Area Improvement Act. And we have -- the Mayor has one
representative. He's appointed. And the Commission has two representatives that you've appointed to
that committee. They have broken down into three subcommittees -- the Site Selection Subcommittee, the
Funding Subcommittee and the Public Involvement Subcommittee. All of those are meeting routinely.
We're attending those meetings, and working with them to try to forward this transaction.
Vice Chairman Gort: So we are a part of those committees, and we are working with those committees.
Mr. Nachlinger: Absolutely.
Vice Chairman Gort: This financial package that is in here, which is the rough information that you have,
according to the committee meetings, this needs to be approved by us, by the County and by the State; am
I correct on this?
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Mr. Nachlinger: Various pieces of it would have to be approved by the City Commission, some by the
County Commission, and some of it has to be approved by State legislation. Right now, the County has a
secondary pledge on the convention development tax bonds of its guaranteed entitlement, its sales tax
revenue. We'd anticipate that the County would have to continue that pledge. And since there's no
current income to pay for any debt service, we'd anticipate that they'd be looking at capital appreciation
bonds that are issued in a face value and sold at a discount, and mature at that face value at their stated
maturity date. And to -- factoring back at a present value, based on our anticipated financing cost, we'd
anticipate issuing seventy-seven or seven hundred and seventy-nine million in principal value to get a net
proceeds on the present value basis of a hundred and ninety million dollars ($190,000,000), which would
be necessary to complete this financing. Next chart shows that issuance of bonds against the previously
shown five percent growth in that revenue stream, the available revenues. Again, it maximizes it in the
early years, and as the growth continues much faster than the bond issue, there is excess capacity out
there, based on that five percent growth. The problem with that financing is right now, the Performing
Arts Center bonds -- and I give the County much credit for this -- are based on a three percent growth rate
in the convention development tax. That's what the market has allowed them to factor in and bond. If the
three percent growth rate is the maximum that the marketplace would allow the County to use in that
growth, it only produces a principal value of four hundred and six million dollars ($406,000,000) in
capacity, with net proceeds of only sixty-nine million dollars ($69,000,000), which is about a hundred and
twenty million short of the amount needed to do the financing for the facility. And the next chart shows
what that revenue amount would be, based on a three percent growth rate and the anticipated bonds, again,
with the bulk of those bonds being issued in the 37th through 40th year. So basically in summary, the
financing package consists of the rent, ticket surcharge, sales tax rebate, parking surcharge and convention
development tax. The debt service requirements from all three of these sources would average
approximately forty million dollars ($40,000,000) a year over the next 40 years. And the next chart is the
Commissioner Winton: What again was -- The sum of all these parts added up to -- what was the total
principal amount that you could generate in all of these revenue sources?
Mr. Nachlinger: Well, on the capital appreciation bonds, you're issuing a -- the final maturity, you're
getting about a hundred and ninety million dollars ($190,000,000) in net proceeds out of the seven
hundred and seventy-nine million you'd be issuing. So --
Commissioner Winton: And we're using all the revenue sources to be able to go to the capital
appreciation bond group.
Mr. Nachlinger: Yes, sir.
Commissioner Winton: OK.
Mr. Nachlinger: The next chart layers in and shows you the anticipated debt service from each of these
five pieces and what that total is on an annual basis. And then the following chart basically breaks down
the financing into the principal and interest components. Now, there are other potential revenue streams
which could be used for this financing. One of them is site specific, and that's for the Miami River site,
which there is talk of creating a tax increment district along the river from its mouth to the airport, either
three or six hundred feet on either side of the bank. We're anticipating, based on a 50 percent tax
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increment. That is a tax increment district that only captures half of the available increment that over the
30 -year period, that would generate two hundred and twenty-seven million dollars ($227,000,000) in
taxes, based on a minimal three percent growth rate in that taxable value.
Commissioner Teele: Bob, the problem is not half. The problem is half for us.
Mr. Nachlinger: Yes, sir.
Commissioner Teele: See, don't -- This half thing is not understood right. There's no way -- I mean, I'm
going to do everything I can to block a tax increment district on the river if we're putting in two dollars
($2) to the County's one dollar ($1). It's got to be one dollar ($1) to one dollar ($1). The County is going
to control the district. They've already said that they want to use the money to dredge. I mean, this is just
another example of how we get taken to the dredger. But the fact of the matter is that it's -- I don't care
about -- I mean, it could be 100 percent. I don't mind putting in the full nine. I don't mind putting in the
full nine mils or eight mils, where we, hopefully, will be. But the fact of the matter is, as long as the
County is putting in eight mils. Or put in four and we put in four. But it's not saying 50 percent is going
to do anything for us, because either way, it's still two to one, as long as we're putting in two dollars ($2)
and they're putting in one.
Mr. Nachlinger: Yes, sir. I absolutely agree. The problem with the tax increment district is where it will
produce two hundred and twenty-seven million dollars ($227,000,000) over the 30 years that a TIF (Tax
Increment Funding) district exists, there are no current revenues, and there is nothing there currently to
bond to gain revenue to build the stadium. There's one other potential revenue that hasn't been discussed
at this point, which is Miami -Dade County has asked the City to give up all the parking surcharge
revenues which accrue as a result of this facility. They've asked the State to give up all the sales tax
generated as a result of this facility. And if you assume that 20 percent of the fans attending the facility,
the 3,000,000 fans that they're anticipating in the first year it's open would come to the facility via
Metrorail, they'd be paying two dollars ($2) to park and two dollars and fifty cents ($2.50), a roundtrip on
Metrorail. So that would be four dollars and fifty cents ($4.50) a head, for a total of a two point seven
million dollar revenue stream that would accrue to the County off this facility. And we're suggesting that
that might be a additional revenue stream which could be made available for this baseball stadium. That
would generate, again, based on three years of capitalized interest, approximately another forty million
dollars ($40,000,000) which could be used for the financing. The entire financing plan, of course, is
contingent on three things that are out of local control. I'm quick to point out and quick to have pointed
out to me that one of the issues that must be addressed is the fact that the Miami -Dade County is currently
suing us over the constitutionality of the parking surcharge that they want us to pledge for the financing of
this facility. But that's an issue that is currently in local control, and we can discuss with the County on
that issue. But the State legislature has to authorize the sales tax rebate for the entire amount of the sales
tax generated from the facility over a 40 -year period. That's absolutely critical in the financing package
for the facility. The State also must extend the parking surcharge, effectively in perpetuity, but at least for
40 years to do the financing for the parking surcharge piece of the financing. And the final piece, which
I've already addressed, is we have to -- this is a County issue -- that they have to manage to convince the
financial markets to allow them to bond a five percent growth in the convention development tax, to be
able to issue enough debt to finance this facility over its life. However, if we can get all three of these
events to occur, the pieces that we have are enough to finance this facility and make it happen.
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Commissioner Winton: Well, what do you mean by that? How do you know? What cost for the facility
have you factored into this?
Mr. Nachlinger: Looking at a total cost in the neighborhood of about four hundred and fifteen million,
which is the stated three hundred and eighty-five million dollar ($385,000,000) construction cost, plus an
additional amount, because we have to do a number of infrastructure improvements, no matter what site it
is, just to -- you know, water, sewer, transportation --
Commissioner Winton: So this is still on the basis of -- So this analysis is all done on the basis of the
City of Miami providing free land, and the City of Miami has no income stream out of any of this. So, but
the financing will work if the City is willing to step to the plate with free land and get nothing back in
return.
Mr. Nachlinger: Again, this is, as I started out, the Miami -Dade County proposed.
Commissioner Winton: Thank you.
Vice Chairman Gort: Does that conclude the presentation?
Mr. Gimenez: You all are done?
Ms. Slazyk: Yes.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: OK. Is there any questions? We have Julio Rebull and David Ginsberg here and
(unintelligible) if anyone wants to ask any questions. Or do you want to close?
Julio Rebull, Jr.: Good afternoon, everyone. Julio Rebull, Jr. I'm Executive Vice President with the
Florida Marlins at 2267 Dan Marino Boulevard. I'd actually never said that in public. Sounds pretty cool
to work on Dan Marino Boulevard. We are not prepared to make a full presentation or react. So if there's
any questions that we can answer without many of our experts being here, we'd be happy to do that. If
not, Mr. Chairman, let me point out that either today or tomorrow, all of you will be receiving a package
that contains many of the issues that have been discussed here from our perspective. And we hope that
once you review it, we have a chance to meet with all of you to go over any questions which you may
have.
Vice Chairman Gort: Sure will. The reason I asked is -- any questions of any of the Commissioners?
Any questions? Once --
Commissioner Regalado: I've got a question. Julio, you heard the different sites. Orange Bowl has been
added to it. Have the Marlins thought about this, looked into the Orange Bowl site?
Mr. Rebull: Well, Commissioner, today is the first time that we officially hear about it. You and I had
briefly discussed about it. And let me assure the Commission and the administration this. We've been
thoughtful and serious at looking at all the sites, and I think as Commissioner Gort pointed out, it seems
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like the sites keep coming up every day. But we've tried to be as thoughtful and serious to look at the
sites and all the issues that go into a site that make a ballpark feasible. We'll be happy to take a look at it.
A concern, quite frankly, is that it's outside downtown. And part of what has made some of these other
ballparks in many cities successful is it being part of the urban core or part of downtown. But we'd be
happy to talk to the administration and work with the administration. Three thoughts that I think are
important as we look at these sites, and I think that, you know, as we look at these sites and we look at all
the issues, these are three things to keep in mind: Is it feasible and viable for the ballpark to be
constructed by 2004? In other words, could we begin play in opening day 2004? We've made extensive
presentations to the Community Improvement Authority on the importance of this issue. In the packages
that you will receive, this will be addressed. The other thing is, is it economically feasible? In other
words, within the sites that we're looking at, can it be built within the constraints, the financial constraints
and the financial realities as they've been outlined? And I think the last one is, are we building a ballpark
that's truly functional and state-of-the-art, or are we within a site that presents problems that, really, what
we try to do is cut corners and build a ballpark that is not truly functional? I think if one lesson we can
learn from the Miami Arena is that at the last minute, some corners were cut, and we have a facility that is
not truly fully viable. So, Commissioner, we'd be happy to look at the Orange Bowl. We'd be happy to
sit down with the administration and go over some of the issues, because that's what we've done. Every
time that someone has asked us to look at a site, we believe we've looked at it in a thoughtful and serious
manner.
Vice Chairman Gort: Thank you. Is there any other questions?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman -- well, let me -- Mr. Rebull, while you're here, let me say that I'm
very encouraged by your response to my colleagues' concern, because one of the perceptions that's out
there in the public -- and I think you're beginning, by your statements today and other things are dispelling
that -- is that you all don't want but one site, and any site, you really don't want to look at it. In fact, one
of my colleagues made a veiled reference to that today. And I'm encouraged to hear you say candidly and
forthrightly that you will look at the Orange Bowl site, and that you don't have a totally closed mind on
any viable site within the constraints that you've outlined. But let me -- You made reference to one thing
that just was haunting me as the Manager made his presentation. And my reaction almost is to say that I
really don't want to participate in the decision-making process on this site, because I've got a horrible fear
that we could make another big mistake, given the time constraints that we're being confronted with. And
somewhere between taking the position of my colleague, Commissioner Winton, who says he's not going
to listen at all to the time constraints, he's not governed by it, and if it takes 60 days, 90 days, fine.
Somewhere between there and just sort of saying, well, I don't want to participate is sort of where I am.
And I'm trying to figure out the best thing, because I can see the potential of another Miami Arena in the
making. And 20 years from now, 30 years from now, there will be blame going around aplenty. Now, the
thing that really triggers this is we don't even agree on what the project is. I mean, the Manager's making
a presentation today. And I think the Manager has cleared a lot of the air and begun to help us to focus at
least on what's out there. But can we build an arena without parking? Can we -- Is your basic arena
ballpark, is your basic ballpark inclusive of -- Forget making money. Forget revenue streams. I'm talking
now about what is the project? A ballpark of 40,000 seats with how much parking is absolutely necessary
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to be an integral part of this, assuming that the vast majority of the public parking will be provided by Off -
Street Parking, by, you know, anybody who can come along and make the parking and all of that, and
assume we can work through all of that. But don't you all have security requirements from the Baseball
Association? Don't you all have staffing requirements from vendors and all that? Don't you have a -- I
mean, just as much as you need third base, don't you need a certain amount of parking for this to be a
baseball stadium?
Mr. Rebull: Well, Commissioner, I think if third base was missing, that would probably be a bigger
problem. But I -- that may be a problem. We might score more runs, but that could be a problem. No, in
all honesty, the fifteen hundred parking spaces is an integral part of the development of a fully functional
state-of-the-art ballpark. It's not just something that we said we need because we want it. The bottom line
is, when you're building a state-of-the-art ballpark, there needs to be on-site parking, not only for staff, but
as an amenity to some of your suite holders and luxury seat holders. So --
Commissioner Teele: But that's not viewed as a revenue stream, per se. I mean, this is an -- I don't even
think we should talk about this as optional. This is --
Vice Chairman Gort: Has to be part of the project.
Commissioner Teele: This is a part of the core. And I'm not trying to put words in your mouth. But
when we don't have an agreement on the definition of the project, because I don't know now if the
Bicentennial, as presented, includes 1200 parking spaces or fifteen. You said fifteen hundred.
Mr. Rebull: Fifteen hundred, correct.
Commissioner Teele: I've been saying twelve hundred. But let's just assume that it's somewhere
between twelve to fifteen hundred spaces is required as a core component of building this stadium.
Mr. Rebull: Correct.
Commissioner Teele: Is there any discussion about that, discrepancy about that?
Mr. Rebull: Commissioner, from our point of view, there's not. The fifteen hundred parking spaces on
site are a requirement that would make this a fully functional state-of-the-art ballpark.
Commissioner Teele: Well, let me just ask this, because the Manager's presentation talked about two sites
-- the river site and the Bicentennial Park site -- that both said that there was adequate space. And I guess
I should ask the Manager. Does the river site include the twelve hundred -- the twelve to fifteen hundred
spaces?
Mr. Gimenez: If you add the other parcel from FPL. It's on the north side of Third Street, bounded by 2"a
Avenue. But it's not contingent or right next to -- it's not contiguous to the main site.
Commissioner Teele: Does the Bicentennial include the twelve to fifteen hundred spaces?
Mr. Gimenez: Yes, sir.
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Commissioner Teele: As presented. Well, for my own edification, I really think it's important that we at
least agree on what the project is today, and that all of the footprints, whether they're across the street, or
adjacent or whatever, that we at least agree on the core project and the core project cost on all of these
locations.
Mr. Rebull: Well, Commissioner, from -- I can tell you it's a 40,000 seat retractable roof ballpark with a
requirement for fifteen hundred parking spaces in the facility, again, not only for staffing, but as amenities
for luxury suite holders and luxury seating. So -- and players, of course. So I will tell you that that is the
core component or how I could best describe the project to you. From a cost point of view, our estimates
for building the ballpark, again -- and we have looked at all the other sites. When you receive your
package, you will see how thoughtful and serious we were about looking at the river site, which has been
the site that I think most people have asked us to look at. And you will see how we went into that
analysis. We are working from the base of a three hundred and eighty-five million dollar ($385,000,000)
project. And again, you will see that when you receive our package. The bottom line, though, it's a
40,000 retractable roof ballpark with a requirement -- again, not a luxury -- a requirement for fifteen
hundred parking spaces.
Commissioner Teele: Thank you. Mr. Chairman, I think there's two or three things that we can agree on
today or we ought to agree that we can't agree on them today. The first thing that I think we can agree on
is we all want the Marlins to stay in Miami or to play in Miami and to play in an urban setting. I mean, I
don't want to say downtown now, because of my colleagues, Commissioner Regalado and Commissioner
Sanchez, who has not left, but is cloaking himself in the audience. I think we can also agree that we want
the facility to be a state-of-the-art facility that does not replicate some of the mistakes that we've made
before in our desire to meet what is out there in the marketplace, but then botch it up as we get down the
line. So, I mean, there is some subjectivity in that, which would imply that we need outside consultants.
We at least need the Marlins to agree on what a state-of-the-art facility is. I also think that we can agree
on the fact -- and this is where I think we're losing a lot of focus -- that we are not going to be the
financer, or the financial conduit for the construction of the stadium. I don't think we want to agree to
that. I don't think anybody is suggesting it. I think what we want to do is put that off the table, and that
will, perhaps, help the Manager in at least getting us out of the analysis of some of these issues that we
may be into. I mean, I have no desire to support us being a secondary pledger, or a primer pledger, or in
any way participating in the financing of the construction of the stadium. I think we can all agree on that.
Commissioner Winton, I'm just trying to see where there is consensus here. The fourth thing I think we
can agree on is that we want revenue or some revenue options for the use of the land or the -- or a revenue
stream associated with the land. And if we agree on that, then the obvious -- the fifth thing becomes the
obvious is we're agreeing to provide the land. OK? And I think that's the hardest issue that I've raised of
the five. I think we should agree to say that we are going to provide the land. And whether it cost six
thousand dollars ($6,000) or six million dollars ($6,000,000), I think if we're going to play in this in terms
of what it's going to mean to the City. Whether it's at the Orange Bowl, or whether it's at the old Arena
Site or the river sit, it's going to mean a certain revenue implication. And if we're getting paid for our
land, it's sort of a tradeoff at that point. So I don't -- I mean, I would like to at least see us agree that we
want to provide the land. Now, the question is going to be, "Where is the land?" And that's where I
think, you know, we're going to need some time, some issues associated with the things that the Manager
is asking, the things that Commissioner Winton is asking, et cetera, because what is missing from this
whole equation is -- and I think Commissioner Regalado raised it, and we need to be very clear. The 15th
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is a deadline that is real. But it's not a deadline that is imposed on the City of Miami. It's a deadline
imposed on this project --
Vice Chairman Gort: The finance.
Commissioner Teele: -- by the County Commission in their negotiations with the County Mayor. And as
I understand it -- and Mr. Nachlinger, you need to correct me if one word I say is wrong -- that right now,
the code is broken. And everyone knows that there is some elasticity. Whether it's the amount that Bob
Nachlinger discussed, up to that amount, but there is a general agreement that there is some elasticity in
these funding sources that have been outlined. There are people, there are cities -- Miami Beach in
particular -- that have agreed to withhold making an application for these funds until after February 151H
On February 15th, what happens is, is that the ability to fund this project using those County resources
becomes literally a fight. A "free-for-all" is a good word for it. So if we want baseball in downtown
Miami or in the City of Miami, I think we need to say whatever is necessary by the 15th to indicate that we
want to commit those funds. I can tell you right now that we're not going to be able to satisfy the Marlins,
in all probability, given what the Manager has said, given what Commissioner Winton has said. But I
think we can, independently of the Marlins, at least go on record by the 15th in a sufficient manner that the
City Attorney can advise us on in saying the City is committed to this stadium. We're committed by
providing the land or making the land available, subject to"dah-dah-dah-dah-dah-dah-dah-dah," and
we're committed to going to the Oversight Board or wherever we've got to do to finance the land,
predicated on a revenue stream. And I can tell you right now, if we don't get anything but our -- if we
don't get anything but the parking surcharge back -- which we already have -- I would be satisfied. I'll
tell you that right off the bat. Satisfying me, this Commissioner, on the revenue stream is not going to be
nearly as big a deal as it would appear to be. Because if they can satisfy us on the revenue stream for the
stadium, then they're satisfying us on the revenue stream for the whole City. So, you know, we've got to
understand that we're talking about two point seven for 40 years here, but over there, we're talking about
twelve million for 40 years. And that's what I think we need to be very, very clear about, if you follow
what I'm saying, Johnny. So I'm not as hung up on how much money as committing the revenue stream
on the parking surcharge, and we take that revenue stream back as payment for the land. I mean, the
question is going to ultimately be, "Where is it going to go?" But I do think that we should not say that
we're not going to meet the County's requirement on this, because this not about us and Mr. Henry at this
point, with all due respect. This is about the City weighing in and basically saying, like Miami Beach, like
Homestead, which has probably got more of this money proportionately than any population in the County
-- they've gotten more of the money out the pot. And the City has probably gotten less. And the reason
we've gotten less is we can't get our act together. So I'm only saying, look, I don't want to fight the battle
today or the 15th, unless there's two votes willing to vote. I'll vote on the location, wherever it is -- not
anywhere -- but wherever, you know, two other people will go -- I won't let this thing die, I'm going to
tell you that right now. But I think the issue is not the site. And that's what we keep focusing on. The
issue is, how do we lock the City of Miami in a deal with the County that we want baseball in downtown
Miami? Now maybe at the end of the day, the person who says, "I can't live with this" is the Marlins
organization. And that would be very unfortunate. But I am totally committed not to walking away on the
15th to the potential three hundred million dollars ($300,000,000) of funding, because once we walk away
from that, based upon what I know is happening down south -- I know that my dear colleague,
Commissioner Moss, who is in Africa today -- wants about forty million dollars ($40,000,000) for a major
state-of-the-art culture complex and expansion using these funds. I know that my dear colleague,
Commissioner Ferguson wants more money for the North Dade Culture Facility that is now under
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construction near the Joe Robbie Stadium. I mean, there's going to be no shortage of takers for the
money. And I think we will have not served the community well if we don't at least work with the
Manager and the Attorney to meet the requirements of the City of Miami saying we want it, we're
committed to it, and passing the right kind of resolutions that tie us into that. Now, that's sort of my view
on it. I'm not sure that helps or hurts Commissioner Winton. But I don't want to be disrespectful to
anything that you've said on the record today.
Commissioner Regalado: If I may just -- Johnny, just one. The other thing, Julio, is that you need to tell
us how sure you are in terms of getting in the legislature some of these issues, because that's what I said,
you know, the deadline is real. It may not be for us, but it's real, because the money is there and people
are going to take it. There are 13 members on the County Commission that are going to go -- like we go
for the CDBG (Community Development Block Grant) money, they're going to go for it. So that's going
to happen. We need some kind of statement that will hold that money at least for several weeks. But the
other thing is the Tallahassee component. Without the Tallahassee component, you can't build a stadium.
So what are your views? And how soon you need a commitment from the City or the County, so the
legislature will sort of agree on some of these issues?
Mr. Rebull: Commissioner, you've been around the political process long enough to know that for me to
stand here and tell you how sure I am of anything is --
Commissioner Regalado: No, no, I'm not talking about if you think it's going to pass. I'm talking about
what are you doing now, how sure you are that this will be at least discussed in committees and --
Mr. Rebull: We believe that this will be discussed in committees. We are currently working in
Tallahassee. But as you pointed out earlier, and I believe Commissioner Gort pointed out, there are
deadlines that we need to meet as it relates to bill filing and a number of things which are required for the
process to move forward smoothly. So I think that's something that's important to consider, and I believe
you pointed it out. But we are currently working in Tallahassee, both with leadership and with local Dade
Delegation members to try to move forward with this.
Commissioner Winton: Commissioner Regalado, could I also answer part of that?
Vice Chairman Gort: Commissioner, Commissioner Winton has the floor.
Commissioner Winton: I've talked to a goodly number of the local legislative delegation. And frankly,
many of them are looking to us for our position and our leadership, and recognize it, which is a real plus.
Commissioner Regalado: That's what I said. That's what I said.
Commissioner Winton: And so if there isn't leadership from the City, then they're not going to jump out
front, and they're actually waiting on signals from some of us and from this legislative body. So if we
send a signal that "rrmph," then they're not going to fight for it. If we send a signal that's full board
ahead, then I think most of them will fight for it.
Commissioner Sanchez: Johnny, we have stated numerous times that we want the Marlins to stay in the
City, we want baseball in the City. Now, here's the thing: When you boil down the agreement between
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the County, and the City and the State, you have three different entities here. Now, we have different
deadlines for -- there's a deadline for the CDT (Convention Development Tax). There's a deadline to file
bills in Tallahassee. Now, filing bills in Tallahassee, I don't think has anything to do with us. So you
could take that one out. The CDT is the one that concerns at least my colleague, which is the Convention
Development Tax money which was extended for 60 days, or that couldn't be touched for 60 days. Now,
here's the thing: We don't have any guarantees from the State side. What's going to happen in
Tallahassee, we don't have any guarantee. There isn't a guarantee that's going to guarantee us that we're
going to be able to generate twelve million dollars ($12,000,000) for 40 years, which we all agree will be
very good for the City. We don't have a guarantee right now, because we haven't basically a stream, a
revenue stream from any of the properties pertaining to two possible sites, maybe three sites, which are the
only three sites -- well, not really. It's one, two, three, four, five, six sites that would generate something
for the City in revenue, if we were to come to an agreement on a lease for the land for 40 years. So there's
a lot of "ifs" here, you know? And for us to commit to something -- which I could commit to us
supporting the Marlins for a stadium, and if it gets to a point where -- I really couldn't make a decision
now on any of the sites, because there isn't -- you have not yet provided to us the plan for the "A" site
over at Bicentennial. The only proposal that we have, the plan that we have is a presentation made to us
by the City. But for us to commit ourselves, I mean -- I mean, we could commit ourselves to limited
things that may guide you to continue the process that exists. But for us, I think, to commit ourselves to
land without knowing what we're going to get back in revenue, I just don't see us -- I don't see us doing
that right now.
Mr. Rebull: Commissioner Sanchez, let me respectfully disagree on one point. I think that although
you're right, Tallahassee has their own timetables and their own agendas, I'll go back to the point that
Commissioner Winton made, which was, you know, I think it's about a signal from the leadership that
everyone's part of this process. I think that if we continue to wait for the others to make a move -- I will
use a basketball term -- that will equate to a, you know, four -corner stall. We'll be here forever. So I
would tell you that some of the deadlines -- and you know Tallahassee well, because you spend a lot of
time there -- some of the deadlines that we have in Tallahassee are real. Whether we want to accept them
or we want to ignore them, that's for everyone to make that choice individually. But they are real. And at
the same time, the clock continues to tick as it relates to can we get a ballpark built by 2004. Let's forget
about talking about sites. Let's forget -- I mean, is there a plan? Does the plan come together so we can
build a ballpark by 2004? And those are two things that are real. Those are not issues that are made up or
are out there to create any --
Commissioner Sanchez: Junior, I understand that. But for you to ask me today to make a decision -- and
it's not making a decision on a site. But to say, "Hey, listen, this is what we're going to agree to, this, this,
this, this and this" --
Commissioner Teele: He didn't ask that. I --
Mr. Rebull: I didn't ask that, Commissioner.
Commissioner Sanchez: Well, you -- but there has to be a commitment of some type.
Commissioner Teele: I don't think there has to be any commitment today.
174 2/8/01
Vice Chairman Gort: No.
Commissioner Teele: I think there has to be a -- I mean, I think the February 15th date is a real date. But
how real it is, is the question that I think we all have to weigh. My preference would be let's get a motion
on the table right now, and let's agree on what we all can agree on. I'm not interested in trying to get an
agreement on something that we don't agree on. But I want to just caution you about one thing that you
said that I didn't say. I said, let's agree that we're going to provide the land, and that we are looking for a
revenue stream associated with that land. I didn't say anything about a lease payment or anything else,
because, you see, I think when we sit down and we sort of get behind closed doors, in the context of the
Manager working these numbers, I think there's a lot of ways that we can get paid.
Vice Chairman Gort: Yeah.
Commissioner Teele: A lot of ways we can get paid. And that's why I've always said one thing. We
shouldn't have these discussions on this until the Manager of the County and the Manager of the City
come to an agreement. If they would agree on the -- what's the housing, the HUD (Department of
Housing and Urban Development) thing? The PILOT (payment in lieu of taxes). I mean, you know, if
they would come to a table on the PILOT, you know, I'd be willing to offset, you know, because -- I'd be
willing to offset a million dollars ($1,000,000) of land versus a million dollars ($1,000,000) of reoccurring
on what they owe us, anyway. So I think there's a lot here that we can agree on without agreeing on an
amount.
Commissioner Sanchez: All right. Well, let's find out what we agree on.
Vice Chairman Gort: I think we have a leverage --
Commissioner Sanchez: We agree that we support --
Vice Chairman Gort: Here's the four: Urban setting. We all agree there should be an urban setting.
There should be a state-of-the-art --
Commissioner Teele: Now, the Marlins would rather that language say "a downtown setting." And I'm
saying an urban setting, so that Commissioner --
Vice Chairman Gort: We understand.
Commissioner Teele: OK.
Vice Chairman Gort: But let's put all the rules in. State-of-the-art. We all agree we don't want to make
the same mistake that we made with the arena. We don't want to build a stadium and then ten years from
now, people say, "It's no good, we can't use it." We'll be -- We will not be the finance conduit.
Commissioner Sanchez: OK. We agree on that.
Vice Chairman Gort: OK? We want revenue. We will provide the land. And the question is: "Where is
the land?" I think we all agree to those five points.
175 2/8/01
Commissioner Regalado: And appeal, appeal to the County or communicate to the County this --
Vice Chairman Gort: Well, I think the message --
Commissioner Sanchez: Put that in a reso.
Commissioner Regalado: -- this body will --so the understand that they are a very important component
of this project, at least communicate this to the County that there is a will to make a decision past February
the 15th, because the deadline is real, gentlemen.
Commissioner Teele: I would so move, further with the proviso that the language would include, Mr.
Attorney, language that would indicate that the Commission's intent is to accept the County Mayor's offer
of assuming or accepting the funding sources as outlined, for the purpose of committing those dollars, or
seeking a mutual commitment from the County to the City to commit those dollars.
Commissioner Sanchez: CDT money.
Commissioner Teele: CDT and any other source. I don't want to --
Commissioner Sanchez: And any other source.
Commissioner Teele: I don't want to limit it to --
Commissioner Sanchez: Any other source?
Vice Chairman Gort: All the sources.
Commissioner Teele: CDT and all other sources as we've outlined, but with the fifth thing being that the
City and County Managers work out an agreement on this and all other --
Vice Chairman Gort: -- sources of revenue.
Commissioner Teele: -- financial matters relating to the City and the County.
Vice Chairman Gort: This will give you some leverage.
Mr. Gimenez: Mr. Chairman.
Vice Chairman Gort: There's a motion. Is there a second.
Mr. Gimenez: Mr. Chairman, I have a question. Are we taking the two million dollar surcharge off the
table? Or is that part of the --
Commissioner Teele: Absolutely not. I mean, that's absolutely on the table.
176 2/8/01
Commissioner Winton: Yeah, stays on the table. Stays on the table.
Vice Chairman Gort: We'll look at it all. We'll look at it all. Is there a second? I need a second.
Commissioner Winton: Right. Second. Second.
Vice Chairman Gort: It's been seconded. Discussion.
Commissioner Winton: Discussion. Commissioner Teele, I think your approach is a very good approach.
I think it does really send the right signal. I've got to tell you, however -- and I've got to say this publicly
-- that until the Marlins pull out of Bicentennial Park, I don't believe a thing they say. The Marlins have
zero credibility in my eyes -- and I'm saying it publicly -- in terms of their analysis of alternate sites. I sat
in the -- what's that -- State Committee meeting -- and listened to the Marlins give -- I stayed for two
hours of the three-hour presentation on the comparative analysis of one site to the other. And I'm in the
real estate business, so I' no dummy in that regard. And there were flat arguments made against the
riverfront site and for Bicentennial Park that were just wrong. And as long as we from a public sector
continue to hold the carrot out that "Maybe I can get" -- Marlins -- "get into Bicentennial Park, then I'll be
damned if I'm going to do a rational, objective analysis of any other alternate site, because why should I?
I got the best site in Florida that you politicians are dangling in front of my nose and I'm -- now you're
telling me to go away and do an objective analysis on inferior sites." That is not going to happen. So
until the Marlins take Bicentennial Park off the plate, then I'm going to be very, very troubled by anything
they bring to me in terms of their analysis of any other site. And I'm going to have real trouble voting on
a lot of issues every time they come before us in support of Marlins baseball until they get out of
Bicentennial Park.
Mr. Rebull: Mr. Chairman --
Vice Chairman Gort: Well, Johnny, that's why we're going to have the independent individuals coming
back to us and giving us the different -- their options, what they believe, looking at the different sites, and
come to us with the pros and cons that the Managers have looked at. That's why we're hiring those
people.
Commissioner Winton: That's a huge important piece of this. But -- and I agree. That's why we've hired
those consultants, and that's a big asset.
Commissioner Sanchez: Would the maker of the motion accept an amendment subject to all funds and
funding sources coming through from the State?
Commissioner Teele: Well, I would accept that on -- I mean, I would accept that. But I think our issue is
if we're not -- See, that's why I put the "no," the negative in there. If we're not the finance -- if we're not
going to induce the bonds, if we're not going to guarantee the bonds if we're not going to enter into the
agreement -- Somebody's got to enter into an agreement with the developer. I assume the developer is
going to be like -- what's that phony name they got over there at the Heat? -- "Calor" or something?
What's the name?
Mr. Gimenez: Calor.
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Commissioner Teele: Calor. I mean, I assume there's going to be a Calor or somebody that comes up. I
assume Mr. Henry is not going to do it in the name of his family and their personal assets. So somebody
is going to have to come up and agree to do this. What we're saying is that we're not going to be entering
into that agreement with them. That's something the County is going to have to do, or the State Board
may even be empowered to do that. But I don't think we can do that, and I'll tell you very simply why. It
would require Oversight Board approval. You saw the kind of going back and forth between us on just
this little thing over here behind the Monty's over there. I mean, the thing was back and forth for 18
months, the Bedminster contract. And I don't think it's fair to the Heat -- I mean to the Marlins or to
anybody to suggest that as long as we're in this, under the Oversight Board process -- that we can stand
the scrutiny or the time lines of trying to negotiate a deal on behalf of the City of Miami to be the
fiduciary or the financial inducement of these bonds. So whether the City -- the County -- the State passes
this or not really becomes a problem for the County or the State Improvement Authority, because our
commitment is only to provide the land. And if the deal doesn't go through, obviously, we're not going to
provide the land.
Mr. Gimenez: Mr. Chairman.
Vice Chairman Gort: Right. OK, Julio.
Mr. Rebull: Yes. I just would like to address Commissioner Winton's statement. And Commissioner
Winton, I'm sorry you feel that way, because quite frankly, we've approached it -- and we may disagree
on it, and we've disagreed publicly on Michael Putney's show, and we've had debates about it. I can tell
you that we did approach it in a serious, thoughtful manner. Whether you believe us or not, I think it's
unfortunate that you don't, because quite frankly, John Henry and the Florida Marlins are a credible
organization that is not going to try to steer a study in a direction to mislead you or anyone else on this
board or your administration. So all I can assure you is that we're going to continue to approach it in a
serious and thoughtful manner. Again, I think it's unfortunate that, you know, you've publicly said that
you believe we've got zero credibility, because, again, we are doing it in a thoughtful manner, just like I
know you're doing the Bicentennial Park process in a thoughtfully, serious manner, and we've always
respected each other that way. The organization and myself personally, with you -- and I think it's
unfortunate, and I apologize -- if we've said anything that you have doubted our credibility.
Commissioner Winton: Let me clarify that, too. And Julio makes a good point. We shouldn't expect
when we put anybody -- and not just the Marlins -- anybody. When you're dangling the most valuable
piece of land in Florida in front of somebody, there's no way you can expect them to go away and
objectively, clean, objectively -- we put them in a terrible position. They put themselves in a terrible
position of trying to convince the public that objectively, we've looked at all of the component parts of
these other sites. And it's not possible to do.
Mr. Rebull: Commissioner Winton, I --
Commissioner Winton: Whether it's you, or me, or anybody else.
Vice Chairman Gort: Excuse me. We're not going to be arguing here all night.
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Mr. Rebull: OK, correct.
Mr. Gimenez: Mr. Chairman.
Vice Chairman Gort: And let me tell you, while we're in this negotiation and we're doing this, when we
go to the radio programs, let's state all that we have talked here today. This is not a simple as the way
some of those radio programs are saying it's going to be -- we're going to do this site, and we're just
going to do, and that's it -- I think it's very important that we do that. OK.
Mr. Rebull: Well, Commissioner, when we've been going to radio programs, we've been stating our
vision, and our plans, and what we'd like to do. If at any point anything's been said that you disagree with
or you would like for us to correct, we'd be happy to do that.
Vice Chairman Gort: We will. And I'm sure we're going to be in some great programs where we can
address you, because I think the public needs to understand that this is not a simple transaction. The
public needs to understand, even if we agree and we say, yes, let's go ahead, and you can have whatever
land you got, the package, the financial package that's being put together is not easy and it's not all up to
the Commissioners of the City of Miami. Yes, sir.
Mr. Gimenez: Mr. Chairman, I've still got a question. Part of the financing deal is the two million dollar
($2,000,000) surcharge that's going to generate, I believe, thirty million dollars ($30,000,000) for the
financing of the stadium. Is that still part of the financing?
Vice Chairman Gort: Yes.
Mr. Gimenez: Oh, OK.
Vice Chairman Gort: Yes.
Commissioner Teele: Yeah, but the only thing that we've said about the financing in my resolution is that
all these numbers -- and as far -- where is your deputy, you Assistant Manager? As far as I'm concerned,
Mr. Nachlinger missed a big point. The big point was the line that says, "And the City of Miami is going
to receive `X' number of dollars." I mean, the financing, my eyes glazed over. I didn't -- I couldn't find
the guy with the horn -rimmed glasses to explain it and stuff. But you could have made it real simple with
me. Is -- is it -- there is approximately "X" number of dollars available to the City of Miami for the use of
the land, or the lease of the land, or the purchase of the land or whatever. The only thing that I'm
suggesting is, is that we need one number. And that is how much -- We know from Mr. Rebull today that
they're saying three hundred and eighty-five million dollars ($385,000,000) is the number we're working
with. We know that land is going to cost thirty over here, and twenty over there, and fifty over there.
What we didn't hear was the City of Miami revenue stream associated with our participation in this is
going to be approximately that amount of money. So, yes, I think the parking surcharge is very much a
part of it.
Mr. Gimenez: Commissioner, the reason that you didn't hear it is because in your current configuration,
there is no money coming back to the City of Miami for lease of our land.
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Vice Chairman Gort: Well, that's what we're telling you to sit down and negotiate.
Mr. Gimenez: Well, I mean, I didn't say it wasn't fair. I'm saying that's the current configuration.
Vice Chairman Gort: Right. Well, I think everybody is getting the message. Now, Julio, in those figures
that you have given us, that includes the garage also?
Mr. Rebull: Correct.
Vice Chairman Gort: That -- OK. Thank you. OK. There's a motion and a second.
Commissioner Sanchez: Wait. Can the City Attorney read the motion, what his understanding of it is, so
we could -- for point of clarification, please?
Mr. Vilarello: As I understand it, it would be a resolution in principle where the City affirms in principle
that the City wants the Marlins in the urban center of Miami; a state-of-the-art facility; that the City will
not participate in the financing or the construction of the stadium; that we will, we are willing to provide
the land, and that we expect a revenue stream for the use of our land; that the Commission intends to
accept the funding sources outlined by the County Mayor and the Marlins, and to assist in committing
those funds for this purpose; and that all of this is conditioned on the County agreeing to come to the table
and resolve all pending City and County financial issues.
Commissioner Sanchez: OK.
Vice Chairman Gort: That's it.
Commissioner Sanchez: Let's vote.
Vice Chairman Gort: Further discussion?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: The only thing that I would think is we have a meeting on the 15th
Vice Chairman Gort: That's right.
Commissioner Teele: If this resolution passes, I would like to move that we set a time certain for a
discussion on what we just passed to make sure that we have responded to the County, so that there is
nothing here that doesn't -- you know, that falls through the crack. In other words, I'm assuming that the
County Attorney, the City Attorney, the County Attorney, the Manager, the Mayors and all the powers
that be will be negotiating or be meeting, and that I would like to ensure that the City is protected by at
least agreeing that at 2 o'clock or 2:30 on the 15th -- we already have a CDBG meeting that morning --
that at 2:30 on the 151h, we will convene a separate special meeting to consider the resolution that we've
just approved, and any response by the County to that.
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Vice Chairman Gort: Commissioner, I was going to request that, because I think we need to do that. But
I would like to do it, if you don't have any problem, at 3 o'clock.
Commissioner Teele: 3 o'clock is fine. I just wanted to say if this resolution passes, then that would be
the follow-up motion, yes.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: No, no, no. We have a motion on the floor.
Commissioner Sanchez: And there's a second.
Vice Chairman Gort: That was passed already.
Commissioner Sanchez: No, it wasn't.
Commissioner Winton: No.
Commissioner Regalado: No, no, no, no.
Commissioner Teele: We never voted.
Commissioner Sanchez: We never voted.
Vice Chairman Gort: No? Sorry. OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
181 2/8/01
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-139
A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING,
IN PRINCIPLE, THE CONCEPT OF THE CONSTRUCTION OF A
STATE-OF-THE-ART BASEBALL STADIUM FOR THE FLORIDA
MARLINS IN THE CITY OF MIAMI ("THE CITY") ON REAL
PROPERTY OF THE CITY; STATING ITS INTENT TO ACCEPT THE
FUNDING SOURCES OUTLINED BY THE MIAMI-DADE COUNTY
MAYOR AND THE FLORIDA MARLINS AND TO ASSIST IN
COMMITTING OF THOSE FUNDS FOR THIS PURPOSE; FURTHER
PROVIDING THAT: (1) THE CITY WILL NOT PARTICIPATE IN
THE FINANCING OF THE CONSTRUCTION OF THE STADIUM, (2)
THE CITY WILL BE PROVIDED WITH A REVENUE STREAM FOR
USE OF THE REAL PROPERTY, AND (3) MIAMI-DADE COUNTY
WILL RESOLVE ALL FINANCIAL ISSUES PENDING BETWEEN
THE CITY AND MIAMI-DADE COUNTY TO THE CITY'S
SATISFACTION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Second motion.
Commissioner Teele: Move that there be a special Commission meeting to take up issues related to the --
Vice Chairman Gort: 15tH
Commissioner Teele: -- on February 15th at --
Vice Chairman Gort: 15th. 3 o'clock.
182 2/8/01
Commissioner Teele: -- at 3 p.m. to take up matters related to the resolution that has just passed and any
of the matters associated with that resolution.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-140
A RESOLUTION OF THE MIAMI CITY COMMISSION
SCHEDULING A SPECIAL CITY COMMISSION MEETING ON
THURSDAY, FEBRUARY 15, 2001, AT 3 P.M., FOR THE PURPOSE
OF CONSIDERING, PER
RESOLUTION 01-139, LOCATION OF PROPOSED BALLPARK
STADIUM FOR MIAMI MARLINS BASEBALL TEAM.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Do I have a motion to adjourn?
Commissioner Sanchez: Adjourn, motion to adjourn.
Commissioner Regalado: Move to adjourn.
Commissioner Winton: Second.
Vice Chairman Gort: Thank you. You all have a good day.
183 2/8/01
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-141
A MOTION ADJOURNING THE CITY COMMISSION MEETING OF
FEBRUARY 8, 2001.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
184 2/8/01
There being no further business to come before the City Commission, the meeting was adjourned at 6:32
p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT,
Vice Chairman
(SEAL)
185 2/8/01