HomeMy WebLinkAboutCC 2001-03-08 MinutesMINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 8th day of March 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 9:40 a.m. by Presiding Officer/Commissioner Wifredo 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)
Commissioner Tomas Regalado (District 4)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Commissioner Regalado, after which, Commissioner Winton led
those present in a pledge of allegiance to the flag.
1 3/8/01
Commissioner Regalado: Mr. Chairman, before they leave, if I may. Today is International Day of the
Woman. And, you know, one of the purposes of the Commission on the Status of Women in the City of
Miami is to identify and fight for the just causes of the world, but especially City of Miami women. I'd
like to move a resolution of the Miami City Commission strongly urging the United States Department of
Immigration and the Miami -Dade County Department of Corrections and any other state or federal
authority responsible for the status and treatment of female asylum seekers to review and adopt the
position statement/paper of the City of Miami Commission on the Status of Women regarding female
detainees and asylum seekers that are in our area. I'll move this resolution, because I think that the City
Commission should be on record supporting the work of the Commission on the Status of Women of the
City of Miami.
Commissioner Teele: There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
2 3/8/01
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 01-209
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, STRONGLY URGING THE UNITED STATES
DEPARTMENT OF IMMIGRATION AND NATURALIZATION
SERVICES, MIAMI-DADE COUNTY DEPARTMENT OF
CORRECTIONS AND REHABILITATION AND ANY OTHER STATE
OR FEDERAL AUTHORITIES RESPONSIBLE FOR THE STATUS
AND TREATMENT OF FEMALE ASYLUM SEEKERS TO REVIEW
THE "POSITION STATEMENT/PAPER" OF THE CITY OF MIAMI
COMMISSION ON THE STATUS OF WOMEN REGARDING
FEMALE DETAINEES AND ASYLUM SEEKERS; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS 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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Allyson Warren: Thank you all very much. The Commission on the Status of Women was just recently
reconstituted. And we're sponsoring two major events this year, which we're kind of excited about, one
of which is going to be on the 29th of this month, here in chambers regarding the issue that Mr. Regalado
just spoke about, female asylum seekers who are being detained at Krome as well as at TGK (Turner
Gilford Knight) Prison. We're hoping for a really good turnout from the community, and obviously, we
have the support of our Commissioners, and we're hoping every one of you is going to be here. We're
going to have speakers and panelists from all sides of the issue, so that there is completely fair discussion
of all of the circumstances. Thank you.
Vice Chairman Gort: Thank you.
(Applause)
3 3/8/01
Vice Chairman Gort: OK. Is there any one item on the consent agenda any one would like to
discuss or pull? Is there any one item on the consent agenda that anyone would like to pull?
Commissioner Regalado.
Commissioner Regalado: No, sir.
Vice Chairman Gort: No, sir. Do I have a motion?
Carlos Gimenez (City Manager): Mr. Chairman.
Commissioner Sanchez: Would the City Manager want to pull any of them?
Mr. Gimenez: We need to pull Item CA -10.
Vice Chairman Gort: CA -10?
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: OK. At the same time, my understanding is we had a request from
Commissioner Teele's office that he's not going to be here, and he would like to have certain
items deferred. Item 20 and 20A.
Mr. Gimenez: Also, Commissioner, I received a call from Ms. Bobbie Mumford, who is the
Chairperson of the Outdoor Advertising Review Board, and she would like to defer discussion
Item Number 33.
Vice Chairman Gort: Defer to when?
Mr. Gimenez: I believe till -- we can put it to the next meeting on the 22nd
Vice Chairman Gort: OK.
Mr. Gimenez: That's her request, and it's up to you.
Vice Chairman Gort: That was the discussion item on the -- it's just a discussion item. We'll
look at it later on. If we have anyone participating, then we'll take action on that. At this time,
we're pulling Item 10.
(Inaudible Comment)
Vice Chairman Gort: We don't know. We'll wait until afterwards. Right now, we're pulling
Item 10, 1OA? 10?
4 3/8/01
Mr. Gimenez: Yes, sir. Then I'll just call. I'll tell her to be here in the audience, just in case
you want to bring it up. Yes, sir.
Commissioner Sanchez: Wait, wait. You're also pulling Item l0A?
Mr. Gimenez: CA -10.
Alejandro Vilarello (City Attorney): Mr. Chairman, CA -10.
Vice Chairman Gort: CA -10, 20A, and what was the other one? 22?
Mr. Vilarello: 20 and 20A was Commissioner Teele's request.
Vice Chairman Gort: 20 and 20A will also be pulled.
Note for the Record: At this point, per request of the City Manager, Agenda Item CA -10 was
withdrawn from consideration. Per request of Commissioner Teele, Agenda Items 20 and 20A
were withdrawn from consideration. Per request of the City Manager, Agenda Item 33 was
deferred to the Commission meeting of March 22, 2001.
Vice Chairman Gort: OK. Do I have a motion for the consent agenda?
Commissioner Sanchez: So move the consent agenda, Mr. Chairman.
Commissioner Winton: Second.
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.
5 3/8/01
NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT
CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE
AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL
AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM
AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY
COMMISSION.
Thereupon, on motion duly made by Commissioner Sanchez and seconded by
Commissioner Winton, the consent agenda items were passed by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
6 3/8/01
RESOLUTION NO. 01-210
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF APAC GROUP, INC. FOR THE PROJECT ENTITLED "MODEL
CITY STREET AND SIDEWALK IMPROVEMENT PROJECT, B-4619," IN
THE AMOUNT OF $524,311.50; ALLOCATING FUNDS FROM PROJECT
NO. 341203 AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS
AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS
AMENDED, IN THE AMOUNT OF $524,311.50 FOR THE CONTRACT
COSTS AND $87,688.50 FOR EXPENSES, FOR A TOTAL ESTIMATED
COST OF $612,000; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
RESOLUTION NO. 01-211
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF RECHTIEN INTERNATIONAL FOR THE PROCUREMENT OF ONE
(1) AERIAL BUCKET TRUCK FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED
$143,401; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
PROJECT NO. 311702, ACCOUNT CODE NO. 429401.6.840.
7 3/8/01
RESOLUTION NO. 01-212
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF ELITE FIRE AND SAFETY, FOR THE
PURCHASE OF FIREFIGHTING HOSES, FOR THE DEPARTMENT
OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR
A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW
FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR A
TOTAL CONTRACT AMOUNT NOT TO EXCEED $39,174.44, AND
AT A FIRST FISCAL YEAR AMOUNT NOT TO EXCEED $8,000;
ALLOCATING FUNDS FROM ACCOUNT CODE NO.
001000.28001.6.709.
RESOLUTION NO. 01-213
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF CITY AIR, INC., FOR THE
PROCUREMENT AND INSTALLATION OF THREE (3) NEW
HEATING, VENTILATION AND AIR CONDITIONING
("H. V. A. C. ") UNITS FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO
EXCEED $72,170; ALLOCATING FUNDS FROM ACCOUNT CODE
NOS. 311016.429301.6.840 AND 311704.429301.6.840
RESOLUTION NO. 01-214
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF CONVAULT FLORIDA FOR THE
ACQUISITION OF SERVICES TO RECONDITION FUEL TANKS
AT THE FIRE STATIONS FOR THE DEPARTMENT OF FIRE -
RESCUE, IN AN AMOUNT NOT TO EXCEED $15,005;
ALLOCATING FUNDS FROM ACCOUNT CODE NO.
313302.289301.6.270, AS FUNDED BY THE FIRE ASSESSMENT
FEE.
8 3/8/01
RESOLUTION NO. 01-215
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF TEMPLE'S HEAVY HAULING FOR THE
HAULING OF RUBBLE FROM SOUTH FORK, LOCATED AT
NORTHWEST 22ND AVENUE AND 11TH STREET, MIAMI,
FLORIDA, FOR THE DEPARTMENT OF PUBLIC WORKS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $70,000, ON A CONTRACT
BASIS FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS FROM ACCOUNT CODE NO.
001000.310501.6.340.
RESOLUTION NO. 01-216
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ALLOCATION OF FUNDS, IN THE AMOUNT
OF $395,503, TO CONTINUE THE ACTIVITIES OF THE
FOREITURE FUND DETAIL FOR THE DEPARTMENT OF POLICE;
ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NO. 690003, SUCH EXPENDITURE HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH THE U.S. DEPARTMENT OF TREASURY "GUIDE TO
EQUITABLE SHARING."
9 3/8/01
RESOLUTION NO. 01-217
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE AMOUNT OF $50,000, IN
THE CONTRACT WITH FEDAN CORPORATION, THEREBY
INCREASING THE CONTRACT AMOUNT FROM $50,000 TO
$100,000 ANNUALLY, FOR THE PROVISION OF TIRE
RETREADING AND REPAIR SERVICES FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION; ALLOCATING
FUNDS FROM THE OPERATING BUDGET OF THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION,
ACCOUNT CODE NO. 509000.420901.6.721.
RESOLUTION NO. 01-218
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 99-279, ADOPTED APRIL 27, 1999, FOR THE
FURNISHING AND INSTALLATION OF HURRICANE SHUTTERS AND
STORM MITIGATION SYSTEMS FROM SEA VIEW INDUSTRIES, INC.,
JEFF ROBINSON SHUTTER CO., INC., HURST AWNING CO., INC., AND
ROLLADEN, INC., TO INCLUDE "SUBJECT TO ANY EXTENSIONS
THERETO BY MIAMI-DADE COUNTY," AND TO EXTEND THE
EFFECTIVE DATE FROM DECEMBER 31, 2000 TO DECEMBER 31, 2001.
10 3/8/01
RESOLUTION NO. 01-219
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO SUBMIT
APPLICATIONS FOR GRANT FUNDING IN THE ESTIMATED
AMOUNT OF $300,000 TO THE FLORIDA INLAND NAVIGATION
DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR
SHORELINE STABILIZATION IMPROVEMENT PROJECTS AT
LEGION AND MORNINGSIDE PARKS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
RESOLUTION NO. 01-220
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION AT AN ESTIMATED VALUE OF $43,157.57, CONSISTING OF
$15,000 IN CASH AND $28,157.57 IN FURNISHINGS AND EQUIPMENT,
FROM DADE AMATEUR GOLF ASSOCIATION, WHICH SPONSORED
THE CITY OF MIAMI GOLF CLASSIC HELD ON DECEMBER 8, 2000, TO
RAISE FUNDS FOR WHICH THE DEPARTMENT OF PARKS AND
RECREATION WAS THE NAMED BENEFICIARY FOR PURPOSES OF
PROVIDING FURNISHINGS AND EQUIPMENT AND IMPLEMENTING
PROGRAMS FOR PERSONS WITH DISABILITIES AT THE KINLOCH
PARK CENTER UNDER CONSTRUCTION AT 451 NORTHWEST 47TH
AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO ACCEPT THE DONATION.
11 3/8/01
Vice Chairman Gort: Commissioners' items. I don't have any at this time. Commissioner Winton.
Commissioner Winton: (Inaudible comment).
Vice Chairman Gort: We'll come back later with pocket items. Commissioner Sanchez, you have an
item?
Commissioner Sanchez: Yes, Mr. Chairman.
Vice Chairman Gort: OK. Let me inform you that there's no vetoed legislation from the Mayor's office.
Commissioner Sanchez: Mr. Chairman, according to City Code, there are certain advisory boards and
committees that must prepare an annual -- Jay, don't leave, because Bayfront Park is coming up. We
must, pursuant to City Code; Bayfront Park Management Trust's annual report must be turned into the
City Manager. We feel that we would like to take it a step further and really get the residents of Miami an
opportunity to see what we have done with Bayfront Park, and give you the annual report that the City
Manager gets, but we would like to give you a short version of it. So at this time, if, Jay, you could come
up, in case they have any questions. But I'll go ahead with what the park has been able to accomplish
since I was appointed Chairman. First of all, when we brought in Jay, which we recruited him from
Atlanta to come down, and we hired him as the Executive Director of Bayfront Park Management Trust. I
think the park has really done an exceptional job to overcome a lot of the things that it did in the past.
And these are just some of the things that I'm pleased to report that the Bayfront Park Management has
made great strides in the nine months; ten months that Jay has taken the leadership. And of course, also,
we must thank the Trust members that have turned the park around. First, I want to say that for the first
time in the history of the Trust, a written policy and procedures for all aspects of the operations of the
parks are in compliance with City Code. That is the first time. We have prepared a procurement process
that falls within the City Code, and we are running the park as it should be running, as a business. The
Trust is now following all City procurement guidelines, which is something that did not happen in the
past. But there's a certain accomplishment that we're very proud of. Just to state that the Fourth of July
event is no longer costing the Trust in excess of a hundred thousand dollars ($100,000), but through a
partnership with a private promoter, we have been able to bring -- a potential of bringing in earned income
opportunities for the organization, the Trust. We, at one time, for the Fourth of July, the taxpayers of the
City of Miami were paying approximately more than a hundred thousand dollars ($100,000) to put this
event. This is the first year that we did it, last year, and I think it cost the City -- and Jay, correct me if I'm
wrong. Was it twenty-six thousand dollars ($26,000) only? So that is what I call good management.
There's a new focus on upgrading the Bicentennial Park -- I mean Bayfront Park infrastructure that we
have taken on. We want to make that park a more friendlier park, and we have basically started the
process of removing the fences that has kept the public from not seeing the beautiful view that we have,
which is oceanfront. So that is a step that we're taking to try to promote that park more as a friendlier
park to our residents. The Trust no longer grants fee waiver to non-profit organizations or promoters. But
12 3/8/01
instead, we offer them incentives to make Bayfront Park a cost-effective venue to hold our community
events in our community. That is a policy that I'm very proud of. We do not waive fees at Bayfront Park.
However, we work with non-profit organizations to assist them, so they could hold their events there.
Staff is currently working to upgrade Bayfront Park maintenance. We have hired additional maintenance.
We have focused on maintenance and in improving the park through painting it, keeping it up, something
that was not done in the past. Staff is reviewing the Bayfront Park rental structure to make it both cost-
effective for promoters, while increasing the organization's bottom line revenue. Staff has also entered in
negotiations with world-class performance groups, such as Cirque du Soleil, which has been very good for
our City. Cirque du Soleil, I believe, has extended their shows two days, two or three -- two days? -- Two
days, because of the good turnout that they have had. And we are looking at other ways to try to promote
downtown, as well as the park. So this short list presents great changes in the operation of Bayfront Park,
and we look forward to providing better service, and, of course, bringing in revenues for our City. Jay, I
would like to turn it over to you, and maybe you could say some things. And then the Commission or the
City Manager could ask you some questions of the turnaround of Bayfront Park.
Jay Constantz: Jay Constantz, Executive Director of Bayfront Park. I just wanted to add onto that that we
have begun discussions with MSEA (Miami Sports and Exhibition Authority) and Mr. Jim Jenkins there,
and also with the DDA (Downtown Development Authority) about partnering on some projects that will
enhance all of downtown, not only for the visitors of downtown and the people who work in downtown,
but also, hopefully, ultimately, for people who will reside in downtown by purchasing homes down there.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Also, I want to add, Jay, and I think that you should say it, because it's very
important to send this message. When you came on board as the Executive Director of Bayfront Park, the
City owed -- well, Bayfront Park owed the City close to about four hundred and eighty -- four hundred
and ninety-eight thousand dollars ($498,000), around that ballpark?
Mr. Constantz: The total was four hundred and ninety-two, and there had already been a hundred
thousand dollars ($100,000) repaid in reducing the subsidy to Bayfront Park from the City.
Commissioner Sanchez: Right. And the Oversight Board directed us to pay it back on an annual
payment. And we were able to pay that off in what time?
Mr. Constantz: Two years.
Commissioner Sanchez: So we were able --
Mr. Constantz: One reduction by subsidy, and then a reduction, second reduction in a check at the end of
this last fiscal year.
Commissioner Sanchez: Thank you. Any questions?
Commissioner Winton: I don't have any questions, but I would certainly like to --
13 3/8/01
Vice Chairman Gort: Wait a minute. Excuse me a minute. Could you close that door and ask the people
to have their meeting outside, please? Thank you. Go ahead, Commissioner Winton.
Commissioner Winton: I have no questions, but I would really like to commend Commissioner Sanchez
and Jay Constantz. I think you all have done absolutely a terrific job of turning around a mess that we had
in our City, and driving this thing towards -- I think, I think under your leadership, we're going to end up
with a truly premier park in downtown Miami. And my hat's off to both of you. I think you guys have
done just an outstanding job, and I really appreciate it.
Mr. Constantz: Thank you.
(Applause)
Vice Chairman Gort: Any other questions? Once again, I want to echo what Commissioner Winton
stated, and continue to do a great job. You guys are doing wonderful.
Commissioner Sanchez: The other report that I would like to present to the City Manager, and the
administration and the viewers and taxpayers of the City of Miami is the annual report of the Orange Bowl
Advisory Board Committee. As you are aware, the Commission presented a resolution to put together a
committee to look at the possibilities of maintaining, and improving and promoting the Orange Bowl.
That committee was established last year under Resolution 99-802. The board has met seven times in this
calendar year, to the year 2000, and we have addressed several issues. First of all, we have broken the
committee -- we have established three subcommittees: The Marketing Committee, to promote marketing
and competition of the Orange Bowl with other venues. We have also put a committee together to study
the naming rights for the Orange Bowl, to try to sell the naming rights and bring additional revenue to the
City. And then we have also looked at the finance of the City. We have also put together a website that
the stadium did not have, and we have been able to attract new venues to come to the Orange Bowl. Last
Commission meeting; we were able to approve several contracts with soccer teams that are looking
forward to coming to the Orange Bowl to play soccer. Also, the Fusion has agreed to enter into a two -
game agreement to see what would be the turnout of attendance, so later on, when their lease is expired in
Fort Lauderdale, they could come down and play at the Orange Bowl. We continue to sell the Orange
Bowl as what we consider to be a capital for soccer, because of the population that we have in our City,
which admires soccer. The Marketing Committee is working with the Department of Conferences,
Conventions and Public Facilities in establishing a web site that is currently-- is it up yet? Can somebody
give me a -- they were working on it. Christina, could you take the mike, please? Christina Abrams.
Christina Abrams (Director, Public Facilities): Commissioner, the web page is completed, and we're
going to present it to the board at their next meeting on the 13th for their final approval, and then it'll be
active. But right now, it's on as a web site in construction.
Commissioner Sanchez: Thank you. Also, in addition, this subcommittee is also exploring new ways to
attract, of course, new business to the stadium. The naming right subcommittee is currently pursuing
corporation sponsorship opportunities. And also, we have put together, or we're in the process with the
legal office to put together an RFP (Request for Proposals) for the naming rights. The Finance
Subcommittee is in charge with the responsibility of reviewing and itemizing revenue and expenditure
statements to all events held at the stadium. Of course, that is to determine the best way to maximize its
14 3/8/01
revenue potential and use the surplus funds to renovation of the facilities. This report will be provided and
has already been provided to the City Manager, as well as to the Commissioners as of the status of what
this committee has done. Thank you.
Vice Chairman Gort: Thank you, Commissioner Sanchez. Any questions of Commissioner Sanchez?
Once again, thank you for a job well done.
15 3/8/01
Commissioner Sanchez: The other item that I have is a discussion item concerning the Cultural Fridays
that we had set forth on 8th Street, which has had a significant economical renaissance. And I think that
just about all the Commissioners have attended it, including the City Manager and a lot of the staff
members. The Cultural Fridays -- and what I would like to do now is have Tony Wagner explain what we
have accomplished in that. And then I would like to go into some numbers to show what revitalization we
have been able to bring to that area, and what the future expansions are.
Tony Wagner: Tony Wagner, Coral Way NET (Neighborhood Enhancement Team) Administrator. I am
actively involved in the redevelopment of Calle Ocho. First of all, thank you for giving me the
opportunity to speak before you on the success of Viernes Culturales. For the last year, we have
experienced a true renaissance of an area that had really been abandoned for a number of years. And
fortunately, with the restoration and the opening of the Tower Theater, this whole movement became a
reality. For many, many years, the merchants of the area, as well as the private residents of the area felt
that with the opening of the Tower Theater, this movement would come about, and it has come about. For
the last year, we've been having every last Friday of the month a very interesting and very diverse activity
by having different artists exhibit their work on Calle Ocho from 17th to 14th. And we call that Cultural
Friday. We have a number of people coming to the area. The restaurants are experiencing a renaissance,
and the economic impact in the area is phenomenal. We are seeing people that had not walked the streets
of Calle Ocho between 17th and 12th in many, many years. And they're beginning to develop a trust as a
result of the Viernes Culturales event, which is basically what Commissioner Sanchez has been saying all
along, that we need to develop that trust to bring the people back, and to create a very particular
atmosphere that is very natural to Calle Ocho. And I think Viernes Culturales is providing that
opportunity. And I'd like to briefly mention that for many, many years, since 1986, a number of people
have been involved in this. And one of the pioneers in this experience in the restoration of the Teatro
Tower was Katie Gort, whom I had the privilege of working with. And she's still involved, because once
in a while, I do call her, so, for some advice. And briefly, that's what's happening. It's a very exciting
activity. We've gotten a lot of coverage. You have a number of galleries that have opened up, and we
will continue to do that with your support.
Commissioner Sanchez: Mr. Chairman this -- and you're very aware of it, because, I mean, it's really in
the heart of Little Havana. This is an area that for many years, was at a point where -- what I consider
flat -lined. It was surviving on small businesses that were proud to be there for many, many years. We
spoke to many of the merchants there who were just thrilled to have the American dream, to own their
own business, and at the end of the day, make a profit of seven dollars ($7) an hour. But they were their
own boss. And we have basically taken -- this is a two and a half year project that we have been working
on. First -- it was done in three phases. The first phase was to clean out the bad element that existed in
the area, make it more of a safer environment for people to attend. Of course, trees were trimmed. Lights
were put up. The area was cleaned, not only on the police aspect of it, but also public works pressure -
cleaned the streets. And that was phase one. Phase two was to work with the merchants to establish
things that could have been provided for, for assistance, such as our facade program, which is a very
16 3/8/01
successful program. And it exists to help these merchants to fix up their facades, fix up problems that
exist in their business to meet code and compliance. And we have been very successful with that. The
next one was to establish events that would come to an area that would attract an area. We have studied
many options to bring revitalization to an area. One was the arts and cultural aspect of it, which we had
been successful in. But we took that from Miami Beach that has been very successful with that, and also
Coral Gables, that holds its own gallery night. And we focused on a small area of that, and we planted our
seed. We cultivated it, and today, it's bearing a fruit. And that is what it's called. Let me just state that
when property first started there two and a half, three yeas ago, property was almost -- and I don't want to
state the numbers if they're not correct -- but property, there was almost four to six dollars ($6) a square
foot. Today, we're looking at almost ten to twelve dollars ($12) a square foot. There isn't a single
property -- well, I'm sorry -- there is one that is in the process now of being bought that have -- will be
moving in and bringing in additional entertainment in the area. Now, we have been very successful with
one area, and that is from 17th to 12th. I think -- and it's my initiative to expand and try to bring a
renaissance, an economic renaissance to an area that so desires. We still have areas in Little Havana with
shattered windows that have not had the opportunity to expand. And we are doing everything we can to
try to attract more business to come to the area and establish business. However, we need to look at
options that will permit us to attract more businesses. One of them is that -- what I directed the City
Manager to do, was just a study to find ways -- was to create what we consider an entertainment district, a
controlled entertainment district that would attract more restaurants, that would be able to have little bars
where you could come in, drink, go sit down in your table, eat at the table and then watch a show. Maybe
we would be able to attract piano rooms, jazz clubs, et cetera, et cetera, et cetera. And those are the things
that we're doing. But we're looking at different things, and I have had several conversations with the City
staff to put together a beautification project for Little Havana that would expand from one area to the
other, beck I made it very clear, the people that have moved into Little Havana are the ones that are
investing their money. I don't think the City has done enough. And the City needs to do more. The City
needs to put its money where its mouth is. And the City needs to see that an area that's picking up could
be a success story for our City. So those are some of the things that we're looking at. I'm very proud to
say that we have now -- how many art galleries do we have on 8th Street that have opened up?
Mr. Wagner: In that particular section, we have three. And I believe that there are two more coming up.
Commissioner Sanchez: And that's -- we're talking from 12th --
Mr. Wagner: Between 17th and 12th, yeah.
Commissioner Sanchez: But on 8th Street, from 27th to 4, how many art galleries have opened up?
Mr. Wagner: On 8th Street, yes. Oh, no, more. We even have a museum that opened on 22nd, the Latin
American Museum that opened on 22nd and 8th Street. We have over seven or eight. And I believe that
there are like two or three more coming up.
Commissioner Sanchez: So these are some of the things that we're looking at to try to bring more -- and
listen. We're going to have to make sacrifice. I've made it very clear. I'm going to sit down with the
constituents. Some of them are not very thrilled, you know, when you toss out an entertainment district.
You know, the other residents of the area are going to be concerned, because you're going to say, well, it's
going to be full of nightclubs. You're going to have traffic, fights. You know, we -- I'm going to sit
17 3/8/01
down with the residents of the area, and we're going to talk about if we could come to an agreement. If
we cannot come to an agreement on a controlled entertainment district, then, you know, they're the
residents that live in the district. I'm not going to sacrifice commercial constituents for residential
constituents. So -- but we need to all sit down together and work together to see if we could continue
what I consider to be a great success story for one of the vital, vital streets of our community, which is Stn
Street. So I wanted to report this to you. And I know, Commissioner Gort, you have been out there on
several occasions at Viernes Culturales. You also have been out there, Commissioner Regalado. And sir,
I believe you've been out there plenty of times. So I also would like to invite everyone to come to the
next Viernes Culturales and see what we're doing for Calle Ocho. And I hope that this is something that
we could expand, and then later on move on over to Flagler and First Street, and we could put Little
Havana back on the map as being a hip place to not only live, invest, but also to raise our children. Thank
you.
Mr. Wagner: I'd just like to add that we are seeing also that houses that are coming on the market
surrounding that area are being sold within a week, which that had never happened before in the area.
And briefly, if I may add something. And this is not a disagreement, but it's my own view, and I believe
that I need to share that. We need to seriously consider, more than an entertainment district, a cultural
district. And I think that would maintain the flavor for the area and be something very particular for the
area. And I know that you're investigating that. And I would strongly recommend that that be
considered. Thank you.
Commissioner Sanchez: Thank you.
Vice Chairman Gort: Commissioner Sanchez, once again, thanks. That's one area where way back,
working with the merchants and the Chamber of Commerce, we carried the Latin Quarter. We did the
decoration there to try to make a tourist attraction. But what you have done in there with Viernes
Culturales, you have identified the niche for that one area. And that, what it does is bring the economic
development within those districts. And I think the City and the Planning Department should look at this.
And the same thing is not going to apply in all the neighborhoods. But each neighborhood has their own
ethnic background, they have their own cultures, and there's different things that can be performed. And
I'd like to take this opportunity to invite you all to Calle Ocho, which one of the first events; it was put
together to bring people into our neighborhood. So first year, we had 75,000 people. Now, it's over 1.2
million people coming to Calle Ocho. So you all are invited to come on Sunday. Thank you once again,
Commissioner Sanchez.
18 3/8/01
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. Before I address some other issues, I have an item
here that Commissioner Teele wanted to present to you and the members of the Commission, but he's not
going to be here today. So I'd like to move a resolution of the Miami City Commission endorsing the
Johnson and Wales Culinary Education and Training for At -Risk Youth Project for the useful skill
development and new opportunities for positive personal and professional growth. Further directing the
City Clerk to transmit a copy of this resolution to the officials designated herein. What this is is what we
had on the CRA (Community Redevelopment Agency) meeting the other day. And we had the President
of the Johnson and Wales University, and they are going to have, I think 20 students of the Overtown/Park
West area that will be trained on this area of expertise. So I would like to move this resolution, because
it's a time constraint, and we need to let these people know that the City Commission endorses this
project. I move it.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Let me tell you -- any discussion? It's an excellent program. It's a great university,
and it's going to create a lot of job opportunities. It's outstanding. Is there any further discussion? Being
none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
19 3/8/01
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 01-221
A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING
THE JOHNSON AND WALES CULINARY EDUCATION AND
TRAINING FOR AT -RISK YOUTH ("CETARY") PROJECT FOR THE
USEFUL SKILL DEVELOPMENT AND NEW OPPORTUNITIES FOR
POSITIVE PERSONAL AND PROFESSIONAL GROWTH; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS 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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Regalado: The second item --
Commissioner Sanchez: And also -- would you yield for me, Commissioner Regalado?
Commissioner Regalado: Sure.
Commissioner Sanchez: I would also like to encourage the City to look at other areas, such as Little
Havana that could fall under the same aspect of it, to see if the City would also work along with this
organization to try to establish for low income, not only in little Havana, but Wynwood and poor areas of
our community that we could put maybe another program similar as that, so we could get at -risk kids that
could fall under those technical schools of either, you know, being chefs or the services that they provide.
Maybe you would like to start a pilot or kickoff, off of this program, to establish that in those
communities, Mr. City Manager. It's not -- I'm not making a motion or anything. I'm just telling you it
would be a good idea to do that.
Carlos Gimenez (City Manager): Yes, sir.
20 3/8/01
Vice Chairman Gort: Part of the things we're doing -- and I had a meeting with staff today. And we're
going to get together, because I've talked to some of the unions. At one time, we used to have trade
schools where people would be training. Today, you look at the mechanics, and that happens to be a very
sophisticated profession right now. You have to go to a new system to get certified, computer. And I
think we should be doing all that in all the neighborhoods, because that economic development for the
neighborhoods is very important.
21 3/8/01
Vice Chairman Gort: Commissioner Regalado, go ahead.
Commissioner Regalado: Yes. The other item, Mr. Chairman, is a resolution, and this is for the
Parks Department. The problem with this is a time constraint issue. The Parks Department
needs to go ahead and piggyback on a Miami -Dade County contract to fix and pave sports courts
at various City parks. So I am moving this resolution approving the construction and/or paving
of sports courts at various City parks for the Department of Parks and Recreation by Agile
Courts Construction and by McCourt Construction, Inc. And this will piggyback on the contract,
Miami -Dade County, and the money will come from the Safe Neighborhood Parks Bond
Program and impact fees, of course. So let me tell you, the City was behind last year and the
year before on the parks bond program project, but now, we are doing much better than Miami -
Dade County. And still, we are being attacked by Mr. Hank Adorno, who is the chairman of the
board, because of the lack of progress. He said once that I was there on --
Vice Chairman Gort: Let's make sure we send a letter and put him up to the status where we are
on all the projects.
Commissioner Regalado: No. Let's make sure that we take him to some of the parks to see what
we are doing in there.
Vice Chairman Gort: There's a motion. Is there a second? Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. Being -- yes, go ahead.
Commissioner Winton: I have a question. I don't know -- what's that called? -- Paving of sports
courts -- is that what it's called, the technical term, sport court? What's a sport court?
Albert Ruder (Director, Parks & Recreation): A sports court could be a racquetball court, or
basketball court, or tennis court. It's a resurfacing.
Commissioner Winton: Got it.
Mr. Ruder: And in this case, there are two in your district.
Commissioner Winton: Well, I don't care if there's any.
Mr. Ruder: Yeah.
22 3/8/01
Commissioner Winton: I just wanted to know what it is.
Mr. Ruder: Yeah.
Commissioner Winton: So -- and this is in the budget?
Mr. Ruder: Yes.
Commissioner Winton: Thank you.
Vice Chairman Gort: 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. 01-222
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
CONSTRUCTION AND/OR PAVING OF SPORT COURTS AT VARIOUS
CITY PARKS BY AGILE COURTS CONSTRUCTION, INC. AND MCCOURT
CONSTRUCTION, INC. FOR THE DEPARTMENT OF PARKS AND
RECREATION, UTILIZING MIAMI-DADE COUNTY CONTRACT NUMBER
1153-0/01/CW, IN AN AMOUNT NOT TO EXCEED $898,266; ALLOCATING
FUNDS THEREFOR FROM THE SAFE NEIGHBORHOODS PARKS BOND
PROGRAM AND IMPACT FEES, AS APPROPRIATED FO CAPITAL
IMPROVEMENT PROJECTS IN SECTION VI OF THE CITY'S GENERAL
APPROPRIATION ORDINANCE NUMBER 11705, AS AMENDED.
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
23 3/8/01
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: An item -- it's a clarification regarding the clean up of the empty lot located at
Northwest 7th Street and Northwest 47th Avenue. And I think that Chief Wheeler has some update on this
issue.
Commissioner Sanchez: State your name for the record.
Dennis Wheeler (Director, NET): Yes, sir. Dennis Wheeler, Director of Net (Neighborhood
Enhancement Team). The property owner at the 4865 Northwest 7th Street has been cited once again by
the NET Administrator in that area, Fausto Callava. They are -- were given a notice of violation, and they
are scheduled to appear before the Code Enforcement Board on April 11th. Correct? April 11th
Commissioner Regalado: The discussion that we had several weeks ago here, I think that somebody
mentioned that they were seeking a permit from DERM (Department of Environmental Resource
Management) to deposit the debris in the Blue Lagoon. However, I guess that you were told that this is a
manatee -protected lake. And, I mean, you can mess with anything in the State of Florida, but not with the
manatees.
Mr. Wheeler: When I saw the correspondence from DERM that that was probably a protected area for
manatees, I felt that it was almost to an end, that the permitting process for those individuals would be
severely hampered. However, that didn't lead me to the decision to take them back to the Code
Enforcement Board. There was other things that --
Mr. Callava and I felt that they had not lived up to some part of their agreement. So.
Commissioner Regalado: So it -- And by the way, and by the way, for the members of the Commission,
last year, a manatee was killed there by a jet ski. And it's about time. The people from the Hilton
canceled their Jet Ski project or program. But still, in the Antonio Maceo Park, there is a ramp where
people -- and by the way, they don't pay anything -- use that ramp to ride the jet skis in Blue Lagoon.
They already killed one manatee. And not only that, they are breaking the shoreline of the condos in
Northwest 7th Street by, you know, going around and making waves, and all that. So it's something to
consider in the near future. But let me tell you, I saw that manatee in there. They called me, and I think it
was a shame. So the time line is April 12th, they go to Code Enforcement?
Mr. Wheeler: April 11th
Commissioner Regalado: April 11th. And then how much time they have to clean it up or the City will
clean it?
Mr. Wheeler: I cannot answer how long the board will give the property owner. However, it will be the
City's position that we do not want an extended period of time for them to come into compliance. As far
24 3/8/01
as the question of when we can go in there and clean that property, if we do not get compliance from the
owner -- and if I say anything wrong, I'm sure the City Attorney will correct me -- I would say it would be
after the time frame that is set by the board. Let's say it's 30 days on the -- Once the notice of
noncompliance is given, I believe that we have to the right to go onto that property at any time and take
whatever action is necessary.
Commissioner Regalado: Thank you.
Commissioner Winton: But is the City's recommendation going to be 30 days or 5 days?
Commissioner Regalado: Because the City can recommend to the board. As you do to us, you can do it
to the board.
Mr. Wheeler: I think that a reasonable recommendation would be immediate compliance or 15 days. I
think anything longer than that would be very unreasonable.
Commissioner Winton: Thank you.
Commissioner Regalado: OK. Because of time constraints, I'm going to defer the other three issues for
the next meeting.
Commissioner Sanchez: Thank you.
Note for the Record: At this point, Agenda Items D -4-A, B and C were deferred to the next scheduled
City Commission meeting.
25 3/8/01
Commissioner Sanchez: Moving on to -- first item is a second reading ordinance, and it's reference the
newsracks.
Mr. Chairman --
Commissioner Regalado: No. It's a first reading ordinance.
Alejandro Vilarello (City Attorney): Yes. As a result of meetings with the industry, there have been what
I consider to be material changes to the ordinance, so therefore, if you adopt the ordinance that's before
you, that would be at first reading.
Commissioner Regalado: I've got a question for the City Attorney. If you have material change, you
have to start the whole process?
Mr. Vilarello: If, after first reading, you have a material change in an ordinance, it requires it to go back
to first reading. In this case, there's two issues that I felt required -- that were material and required it to
go back to first reading. One was the increase in the size of a -- I believe an ad or a sign on the back of the
newsrack from 6 to 16 inches, and the time for compliance, from 12 months to 18 months.
Commissioner Regalado: So that you consider that a material change?
Mr. Vilarello: Yes. The inverse, for example, on the size of a sign, had it been advertised as a sign at 16
inches and was reduced to 6, the inverse, I would not consider that to be a material change. However,
increasing the --
Commissioner Regalado: No, what I'm trying to determine --
Mr. Vilarello: Yes.
Commissioner Regalado: What I'm trying to determine is that if you feel that there is a material change in
any issue, it has to start the whole process. Yes?
Mr. Vilarello: Yes.
Commissioner Regalado: OK.
Commissioner Sanchez: Mr. Frank Rollason.
26 3/8/01
Frank Rollason (Assistant City Manager): Good morning. Frank Rollason, Assistant City Attorney of
Operations. The two issues that the City Attorney brought before you are the substantial changes that
were made after we were directed, after first reading, to go back and meet with the industry once again.
Basically, what you have is that photo in front of you that shows what the newsracks would look like with
the changes that we have incorporated into the ordinance at this point, except that where you're looking at
the back, it shows the 16 inches. The band that's on the side in this picture is six, so it would be reduced
to four. And the issue on the extension of time to allow the industry to come into compliance was
increased from 12 months to 18 months, with a provision that every six months, they have to have one
third completed. So by the end of six months, a third of them will be done; the end of 12 months, two
thirds and the end of the 18 months, it would be complete. So those are the change that were made that
the administration recommends. And I know there's some other people that want to speak to the issue.
Are there any questions?
Commissioner Sanchez: Mr. Chairman I just -- for point of clarification, I just want to get this -- I know
we've had several workshops where we have been able to iron out some of the differences. I just want to
get this right. It's 16 inches on the back?
Mr. Rollason: That is correct.
Commissioner Sanchez: Four on the side.
Mr. Rollason: That is correct.
Commissioner Sanchez: OK.
Mr. Rollason: And the front is an inch, like an inch and three quarters underneath the window where you
put the actual publication. So if there's nothing in the rack at all, it'll say whatever the news publication
is, an inch and three quarters.
Commissioner Sanchez: The colors did not change. It's still that green?
Mr. Rollason: Well, it did change to an industry standard of forest green. Instead of the green that we had
picked out, we went to a standard green as forest green, or the industry green, which is reflected in that
photograph.
Commissioner Sanchez: How about the time of compliance?
Mr. Rollason: The time of compliance for a new newsrack is immediate. When you come and pull a
permit for a new one, it has to go in looking like this. Existing newsracks would have 18 months, instead
of the original 12. And during that 18 months, every six months, you must bring one third of your racks
into compliance. The previous 12 months had no stipulation in time frame, just at the end of the 12
months, they all had to comply.
Commissioner Sanchez: Would the City have -- would the City monitor the advertisement? In other
words, would --
27 3/8/01
Mr. Rollason: Yes, through the permitting process. Each one of these will be permitted. We will
examine them when they're installed, and through regular inspections between NET (Neighborhood
Enhancement Team) and Public Works.
Commissioner Sanchez: Any advertisement that would so deem be inappropriate, you would -- it would
go through a --
Mr. Rollason: Well, let's talk about the advertising that they're allowed to do here. They can only
advertise their publication on the back of this. This is not advertising for Coca Cola.
Commissioner Sanchez: I'm sorry. That was the modular. I'm sorry. It's two things. The modular. OK.
Mr. Rollason: Right.
Commissioner Sanchez: Well, going to the modular, what was the agreement? A one-year pilot program?
Mr. Rollason: That was the direction from the Commission, was a one-year pilot program, and I'm
working with an outfit now to bring that forward. And that would have advertising on the back. And we
would work out with them prior to it happening as to the types of advertising that the City would like to
see.
Commissioner Sanchez: Because that's my concern here. We have gone to what I consider an
improvement in quality of life from what we had now to this. To give it up of having -- you know,
advertisement in the back that would so be deemed inappropriate by certain groups or certain individuals.
So the City would have control over the advertisement on the modular side?
Mr. Rollason: We would meet with them within the guidelines of what the First Amendment restrictions
are, and get an understanding of what would be advertised there; one of the stipulations being that there
would be non-competitive advertising, depending on where a newsrack went. So we would not have a
newsrack in downtown advertising, "Go to Dadeland Mall."
Commissioner Sanchez: All right. I'm done.
Vice Chairman Gort: Any other questions?
Commissioner Regalado: Yeah, I have a question, brief questions. We finally -- I guess everybody agrees
with this, but I don't know. I was given this. I think that to be fair to the media outlets, we should
grandfather some colors. There are media outlets that have colors that are their trademarks and -- like The
Herald has yellow; USA Today, blue. They have to follow whatever we decide and the workshop decided.
So they're going to have to buy -- This ordinance is more liberal than the one in Coral Gables, which has
affected many media outlets. But I still think that we should let the different media outlets that are now
established to have grandfathered colors, and use any other color. If we were to let any media to use any
color at all, you will have probably in the future a competing daily that will use the same, the same color
and a similar name, and it will be confusing. So I don't see any harm in grandfathering some of the colors
that are now being used. That is an idea.
28 3/8/01
Vice Chairman Gort: But let me ask you a question. My understanding is, in looking at this that you
showed us, each one will have their own color in the back.
Mr. Rollason: That is correct. They'll be able to use, as you see in that photo, how they want to show
theirs within those parameters, the 16 inches and the four inches on the side, whatever color band or
whatever they want to put back there. And this is --
Vice Chairman Gort: And we are working towards creating the models where they all can come in.
Mr. Rollason: Yes.
Vice Chairman Gort: Because some of those smallest one is the one that would not be able, probably, to
afford to do some of the things here. And we have to see how we can provide for this.
Mr. Rollason: Well, in talking with the free press, their indication to us was would they be allowed to go
in and get one unit or two units at a location, and subdivide them, and have the free press in there on
shelves, and we said, yes, we wouldn't have a problem with that.
Vice Chairman Gort: OK. Yes.
Ted Stahl: Ted Stahl. I live on Day Avenue. The first -- numerous workshops that we have attended, the
original concept was going to be a one standard color, which was green. The first agreement or
conversation amongst the publishers was a four -inch band going around their box. They came back to the
next workshop, and we went to a six-inch band around the box. After the last workshop, they are now
asking for a 16 -inch drop on the back of the box for advertisement of their particular newspaper. We feel
that the six-inch band is sufficient identification for the box. And when you realize that their name is
mentioned or printed on each box, six times -- in the coin box, the paper in the window, the band under
the window, on the left of the box, on the rear of the box, and the right of the box -- six times, the name is
mentioned of that paper. If that box should be joined together with a band of four boxes, their name
would be mentioned five times if they were on the corner of the box. If they are in the center, four times.
That is sufficient. As far as what Commissioner Regalado just said about grandfathering the color, I hope
that I understand that you mean grandfather the color of the band.
Commissioner Regalado: Of course.
Mr. Stahl: Not the entire box.
Commissioner Regalado: No, no, no, no.
Mr. Stahl: OK. OK.
Commissioner Regalado: The color of the band. Because people would identify media.
Mr. Stahl: Yes, sir.
29 3/8/01
Commissioner Regalado: We've got to be fair. I mean, The Herald has had 100 years of yellow. And
USA Today, the color is blue. And it's a trademark.
Mr. Stahl: There has been no question about that. Everybody is in agreement to the color of their bands.
What I think The Miami Herald is concerned about is that they want the 16 -inch drop on the back of their
box. Now, I have a question that is not mentioned in this ordinance. If The Miami Herald, who owns four
newspapers, has four boxes joined together, and they own these four boxes, where does it mention that
they cannot take the four boxes, drop down 16 inches, and go all the way across with one name, Miami
Herald.
Unidentified Speaker: They can.
Mr. Stahl: They can't?
Commissioner Regalado: Ted, they can't, because, you know, in Spanish -- no, in Spanish, it's El Nuevo
Herald. You cannot, you cannot buy your Spanish version as The Miami Herald, because it's called El
Nuevo Herald, which is only one word, two, two different words.
Mr. Stahl: I agree. I agree with what you're saying. But they could still put that name, El Nuevo Herald
all the way across the box if they wish, even though the four boxes in the front were separate. They own
those four boxes. What prevents them from using the four boxes for advertisement, with one name?
Commissioner Regalado: I think it would be stupid on their part, because it's a marketing issue.
Mr. Stahl: It is -- not only -- the other problem is, which The Herald does not realize is the 16 -- We
walked around the Grove yesterday, City Solutions. And I want to tell you that 75 percent of the boxes on
our sidewalks in the Grove have graffiti, filthy, stickers all over them. 90 percent of these boxes do not
fall into compliance with the existing old ordinance. This will all change. This is one of the finest
ordinances that has been drafted to make things better in this City. And they have their color. I would
totally agree with The Herald. When you go to Coral Gables, when a box is painted beige with a one -
inch, two-inch white letter, absolutely, you cannot see this. But if you go driving down any street, if this
goes into -- if this ordinance is placed into effect, to visualize a dark green box with a band of color, six
inches with the lettering, there's no way you can't see that from blocks away. And I hope that in some
way that we -- that you will put this particular ordinance into effect with the six-inch band instead of the
drop, because not only when time goes through, it's going to be a big expense to these vendors, when they
have to clean up this 16 -inch drop sign, when there's graffiti and stickers all over it, a six-inch band is
much more easy to take care of.
Vice Chairman Gort: Thank you. Anyone else?
Josie Correa: Hi. My name is Josie Legido Correa, and I'm the Executive Director of Downtown Miami
Partnership, 25 Southeast 2nd Avenue. We're here to ask for you to support the ordinance as it was
passed in first reading, again, like Ted said, with the six inches on the side and the six inches on the back.
We have been to numerous workshops. We have all worked together to make concessions. One of the
reasons that this newsrack ordinance was, you know, started was so that we would have a clean -- you
know, free of lots of advertising, a very good look to downtown. We know you're all working very hard
30 3/8/01
to see that that happens. We have a new streetscape project coming on board, and I think this would help
to get away with a lot of the clutter that we are all tired of seeing in the downtown area and other parts of
Miami. So I would like to ask, once again, that you stay with the original ordinance, which called only for
six inches on the side and six on the back, because it will help to make downtown and other areas look a
lot better. Again, like Ted said, there's a lot of areas where they will have an opportunity to have their
names. It's going to be five or six times. Six inches is not a bad size. They will be able to have, you
know, The Miami Herald in yellow or for that matter, whatever other publication wants, and it'll be very
clearly visible, as opposed to how it is in Coral Gables, which is very small. So we ask that you endorse
this. Thank you.
Vice Chairman Gort: Thank you, Josie. Yes, ma/am.
Lori Weems: Good morning, Commissioners. Lori Weems, 701 Brickell Avenue, Suite 3000. I represent
The Miami Herald Publishing Company today, which publishes El Nuevo, Miami Herald, Street and El
Viernes, all of which total 900 racks in the City of Miami. Commissioners, you have in front of you a
photographic copy of what I'm holding. However, what I'm holding, I think, is a little bit more realistic
as to what it's going to see. The perception and perspective in the photograph that you guys have makes
the band look a little bit more -- a little larger than it, in fact, is. We've reflected here what the band will
look like at 10 feet, 25 feet and 50 feet. And when you get to 50 feet, I would challenge you to be able to
tell me which publication is which, with a 16 -inch band, much less the four -inch band, which we've
agreed to at this point. And when we were here before this Commission last, the Commission asked that
we go and sit down and negotiate in good faith. We believe that we've done that. And we believe that we
have reached something that -- the definition of a good settlement is when everyone goes away a little bit
disappointed. Obviously, we're not thrilled with this, but we were true to what your charge was to us, and
we believe we've reached an agreement that can yield beauty and aesthetics that should please the
citizenry, and yet allow us what's our First Amendment right, to advertise ourselves with our colors in a
way that we see fit. And we also believe it's fair and equitable, in light of the ordinance as written, as it
relates to the modules. And we urge your favorable consideration of the Manager's recommendation
today. If there's any questions, I'd be happy to address them.
Vice Chairman Gort: Thank you.
Commissioner Winton: Mr. City Attorney, is there a First Amendment right that the media has for colors
and advertising on their boxes?
Vice Chairman Gort: No.
Mr. Vilarello: That's a loaded question. The City does have the right to regulate these type of dispensers
that are available, as long as it allows the media and the newspaper to distribute those newspapers.
Commissioner Winton: I was following along pretty well until I got to the First Amendment right part.
Ms. Weems: Commissioner, we have, absolutely have a First Amendment right to commercial speech,
just like any --
31 3/8/01
Commissioner Winton: We're not talking about commercial speech. I asked the City Attorney a specific
question. Do you have a First Amendment right to advertise on a box that's in the City of Miami? And
do you have a First Amendment right to a color of a box, which is what you said you had a First
Amendment right to.
Ms. Weems: We would urge that we do, all the way.
Commissioner Winton: So I think the City Attorney --
Mr. Vilarello: And we believe that you have the right to regulate the --
Vice Chairman Gort: The size of the --
Mr. Vilarello: --dispensers.
Commissioner Winton: Thank you.
Commissioner Sanchez: I'm ready. Are you ready?
Vice Chairman Gort: OK. Any further discussion?
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: I do have a question, because I'm struggling to understand why -- This is not
offensive to me, Ted and Josie. So in fact, I think it -- I think this is only a step in the right direction. If I
had my "druthers," we'd be going to something like this that's really classy. But that isn't where we are.
This is where we are. And I think this is only a first step in a longer-term process that gets us to
something, I think, much better over time. But I don't -- I'm not offended by this. So help me understand
why I shouldn't vote for this model. I'm just using the logic -- the smell test. I mean, I look at this, and it
looks good to me.
Ms. Correa: Commissioner, you know the reason we started this, and we've been working in downtown
for many years with you and with Commissioner Gort in trying to clean up downtown. The minute you
start having all those advertisements at the back of there, 16 inches, I mean, again, we're not doing -- what
we initially wanted to do with this ordinance was to clean up. We have so much going on in downtown on
the streets.
Commissioner Winton: Is this -- I'm sorry.
Ms. Correa: And their logo is still going to be there. I mean, you got 16 inches to put your logo, to put
your color, to do -- you know, there's no need for it to be so big.
Commissioner Winton: Well, let me ask another --
Commissioner Regalado: Commissioner Winton, could you yield just one second?
32 3/8/01
Commissioner Winton: Sure.
Commissioner Regalado: Because I don't know within the ordinance there is the provision of the pilot
program of the modules. Downtown is a showcase for those modules. Those modules are going to have
commercial advertising. They are not; they are not going to be used to advertise the media outlet, but
commercial advertising.
Ms. Correa: But you have one advertisement.
Commissioner Regalado: You are aware of that, Josie?
Ms. Correa: Yes, yes, I'm aware of that. But you have one advertisement.
Commissioner Regalado: No.
Ms. Correa: Across the back of the modular.
Commissioner Regalado: You don't. You -- you --
Ms. Correa: Yes, it's one advertisement.
Commissioner Regalado: You have to have one advertising? Then --
Ms. Correa: It's one behind the modular. Here, you've got up to -- how many can we have on a block?
Commissioner Regalado: You are --
Unidentified Speaker: Five.
Ms. Correa: Five.
Commissioner Regalado: Is that --
Ms. Correa: Five times 16.
Commissioner Regalado: Is that a sort of a -- is that a sort of a First Amendment issue, that you can have
only one advertising?
Vice Chairman Gort: No.
Ms. Correa: Well, the way that it's set up, the way that it's been presented to us by City Solutions is that
it would have behind the modular just one. And I guess we --
Commissioner Regalado: But that's their idea. So I'm saying, what I'm saying is that, you know, in
downtown, in downtown, you are going to have mostly the modules, because it's more appropriate for
33 3/8/01
downtown, the modules than your separate newsrack. That's what I -- I mean, that's in every downtown
of the world -- New York, Washington.
Ms. Correa: Right. Well, it'll be a pilot program, and we'll see how it works. Right? I mean, that's the
intention. And then we would go back. If it's not working well, we'll have to change it.
Commissioner Winton: I have one more question about these. Is this advertisement of the specific
newspaper, is that permanently painted on there, so that where it says here, "On sale here," as the model,
is that permanent, or is that -- is that going to be somewhere in other -- some flexible -- where it does
become an advertisement. I mean, I want to understand that.
Ms. Weems: Well, Commissioner, I can only speak for The Herald. But we intend to have exactly what
you see. It'll be the "On sale here." In fact, it'll look exactly like this.
Commissioner Winton: What is the rule, then? What's the regulation?
Mr. Rollason: The intent is, is that they would come up with how they want to have advertisement on the
back, and they would do all their news stands, newsracks --
Commissioner Winton: Painted the same way.
Mr. Rollason: Right. It probably would be --
Commissioner Winton: It wouldn't become --
Mr. Rollason: -- a press -on decal of some type, and that's it. They don't come and change them every
week to some other --
Commissioner Winton: Good. OK.
Mr. Rollason: -- thing they're advertising. The only change that they're allowed is in the front window,
there is a corner where they can have a little press -on decal, where they can say there's a sports section on
the Dolphins, or a special section on something, and they change that every week.
Commissioner Winton: Good.
Mr. Rollason: And it's like four inches -by -four inches, inside the plastic window.
Commissioner Regalado: And they have to take care of the cleaning in case of graffiti. They will.
Mr. Rollason: I beg your pardon?
Commissioner Regalado: They have to take care of the graffiti cleaning.
Ms. Weems: Absolutely.
34 3/8/01
Mr. Rollason: That is correct. That is correct.
Commissioner Winton: Well, I think -- I think Ted pointed out something very interesting, that we
already have an ordinance that enforces that, and some way or another, we've got to get our NET
(Neighborhood Enhancement Team) Administrators to --
Mr. Stahl: No. That -- the word, "graffiti" is on the new ordinance. It's never been on any ordinance.
This is the new one.
Commissioner Winton: Oh, OK. OK.
Commissioner Sanchez: Mr. Chairman.
Mr. Stahl: My question to The Miami Herald and this Commission is that are these decals that you're
going to stick on the back, or is this going to be actually painted? Because if it's actually painted, the first
time you put graffiti on it, boy, you're going to have an expense to pull that box out and do it over again,
because we're going to watch this. We're going to monitor these boxes once they're put in. And one
other statement before you go is that if this ordinance is passed, no matter which way, the City has to
support this department. You have two men, Andre Bryant and David enforcing. It just cannot be done.
And that's very important once this ordinance is passed that we have the enforcement and the support of
the Commission and the City for this department, very important.
Vice Chairman Gort: But the type of enforcement that I would like to see in here, we spend a lot of
money on computers. My understanding is they're going to be integrated. They're going to be able to
communicate with each other. And I think not only these two people or three people that would work on
this department, but any NET Inspector, or any Public Works Inspector, or any inspector that's in the
street should be trained that if he sees something wrong, although it's not from his department, he should
report it to whatever department that should be -- go to. And I think the Manager is going into
implementing something very similar to that. Because we have a lot of people in the streets, let's face it,
and there's no more of "This is not my job." This is everybody's job, all of the City's regulations. OK.
Mr. Rollason: That's the intent, Mr. Chairman.
Vice Chairman Gort: Did I have a second for that motion?
Commissioner Winton: Yes.
Vice Chairman Gort: There was a second.
Commissioner Regalado: Second.
Vice Chairman Gort: Any further discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Mr. Vilarello: It's an ordinance.
35 3/8/01
Commissioner Regalado: It's an ordinance.
Vice Chairman Gort: An ordinance. Read it.
Commissioner Regalado: Question. A question before we vote. Mr. City Attorney, or members of the
Commission, are we including the grandfathering of colors here, or not?
Commissioner Sanchez: No. No.
Mr. Vilarello: No.
Commissioner Regalado: You are not?
Commissioner Sanchez: And listen, we --
Commissioner Winton: We're approving what's in front of us.
Commissioner Sanchez: We've already called the question, so let's do it. The question has been called.
Commissioner Regalado: No, no, no. I'm just -- I'm just asking. I'm just asking.
Mr. Gimenez: Grandfathering of colors on the bands you mean, or on the entire box?
Commissioner Regalado: On the bands. On the bands.
Mr. Rollason: Right. Their choice. That's --
Commissioner Regalado: On the bands.
Mr. Rollason: It's their choice.
Commissioner Regalado: Anybody's choice. You can repeat the color if you want to. I understand what
you're saying, but you have to understand what I'm talking about.
Mr. Rollason: You're saying to lock the color into a particular --
Commissioner Regalado: Exactly. To the particular media outlet.
Mr. Rollason: They did not ask for that at the --
Ms. Weems: Commissioner, we obviously are going to protect our --
Commissioner Regalado: But this is not for The Herald. This is for all the major media outlets.
Mr. Rollason: We had -- we had all of them there in the room meeting with us.
36 3/8/01
Commissioner Regalado: For instance, Diario Las Americas has red on their -- that's their trademark.
The Herald has yellow. I would think that if we have decided to do this and do it in order, you know, we
should be fair. That's all I'm saying. You don't want to do it, it's fine by me.
Mr. Rollason: No, I --
Mr. Gimenez: Commissioner --
Commissioner Regalado: But it doesn't hurt anybody.
Commissioner Sanchez: Mr. Chairman.
Mr. Gimenez: Commissioner, are you saying that --
Commissioner Sanchez: Mr. Chairman.
Mr. Gimenez: -- that The Miami Herald is --
Vice Chairman Gort: Wait a minute. Excuse me, excuse me. I'm conducting the meeting, and I'm
allowing the discussion.
Mr. Gimenez: -- gets yellow and then nobody else can have yellow? Is that what you're trying to say?
Commissioner Regalado: That's what I'm saying. That's what I'm saying.
Mr. Gimenez: OK.
Commissioner Regalado: And you can choose color. There are plenty of colors, and there's not going to
be that many media outlets. That's what I'm saying. It's a trademark. Colors are being used as
trademark. I'm trying to tell you.
Vice Chairman Gort: My understanding, my understanding, Commissioner Regalado, that's part of this
ordinance, that people can select a color.
Commissioner Regalado: No, no, no. People -- exactly. People can select the color. Suppose -- OK.
Commissioner Winton: And he's saying no.
Vice Chairman Gort: The whole thing is going to be green.
Commissioner Regalado: No, no. I'm not talking about the --
Commissioner Winton: He's not talking about that.
Mr. Gimenez: The Commissioner is saying that --
37 3/8/01
Commissioner Regalado: I'm talking about the band
Mr. Gimenez: -- that The Miami Herald would be the only publication that would have the band in
yellow. Even though another publication later comes up and says, "We'd like to have yellow," they
would be excluded, because The Miami Herald would have yellow.
Commissioner Regalado: That's what I'm saying. See --
Mr. Gimenez: The New Times would have red, because they got first dibs on the red.
Commissioner Regalado: Two yellows here.
Vice Chairman Gort: Well, I see what you're saying. OK.
Commissioner Regalado: Yeah. It doesn't affect at all. It just -- it just gives the media outlet, certain
media outlet the possibility.
Vice Chairman Gort: Sorry, guys. We closed the public hearing.
Commissioner Regalado: So I would try to do it on the second reading. Can we do that?
Vice Chairman Gort: This is the second --
Commissioner Regalado: Is that a significant change?
Mr. Vilarello: Yes.
Vice Chairman Gort: My understanding is this is the second reading.
Mr. Vilarello: Well, Mr. Chairman, this is the first reading of this ordinance.
Vice Chairman Gort: It's going to be first reading? OK.
Mr. Vilarello: However, can I suggest that -- One of the issues with regard to color as you're describing
it is really putting us in a situation where we're involved in a copyrighting problem. I don't believe that
the colors are copyrighted. However, I would leave that issue to the publications to fight out amongst
themselves, whether or not their name, their titles and the colors associated with their newspapers are
copyrighted. Otherwise, we're getting into a situation where we're going to be regulating whether or not
they have copyrighted or trademarked their colors, as well as their name.
Commissioner Regalado: So you're saying one media outlet should sue other media outlets, because that
media outlet believes that it's being replicated in the --
Mr. Vilarello: In this --
38 3/8/01
Commissioner Winton: Better than us getting involved in it.
Mr. Vilarello: In this sample, you have the Sun Sentinel and The Miami Herald with yellow. If that
infringes on each other's trademarks or their copyright, then they should litigate that issue amongst
themselves, and not have the City involved in that litigation.
Vice Chairman Gort: OK. Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS-OF-WAY IN THE CITY OF MIAMI BY REPEALING
EXISTING ARTICLE VII OF CHAPTER 54 OF THE CITY CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, PERTAINING TO
SUCH REGULATION AND SUBSTITUTING, IN LIEU THEREOF,
NEW ARTICLE VII IMPOSING SAFETY AND AESTHETIC
RESTRICTIONS RELATED THERETO; PROVIDING FOR PURPOSE;
PROVIDING DEFINITIONS; PROVIDING FOR NEWSRACK
CERTIFICATION PROCEDURES AND FEES; REQUIRING
INSURANCE AND INDEMNIFICATION; ESTABLISHING
STANDARDS FOR OPERATIONS, PLACEMENT AND
INSTALLATION OF NEWSRACKS; PROVIDING FOR
ENFORCEMENT AND APPEALS; MORE PARTICULARLY BY
REPEALING SECTIONS 54-261 THROUGH 54-269 AND
SUBSTITUTING NEW SECTIONS 54-261 THROUGH 54-271;
PROVIDING DIRECTIONS FOR TRANSMITTAL OF COPIES OF
THIS ORDINANCE; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
The ordinance was read, by title, into the public record by the City Attorney.
Commissioner Sanchez: Mr. Chairman just --
39 3/8/01
Vice Chairman Gort: Item 3.
Commissioner Sanchez: If I may, before we move on to the next meeting. Mr. City Attorney, you know,
this ordinance -- and we voted on it already, but, you know, it was a public hearing. It was open to the
public. Both sides had equal time to state their case. The Commission asked plenty of questions. There
was a motion and a second. It was discussed, and then there was the -- the question was called. Call the
question. And it is my understanding -- correct me if I'm wrong -- that as soon as -- according to the rules
and regulations, once the question is called, all questionings and arguments are ceased, and a vote must be
taken. Correct or not?
Mr. Vilarello: According to Mason's Rules, once the question is called, it's moved and seconded, the
ordinance is read. At that point, the appropriate action is to take the vote.
Commissioner Sanchez: Well, you know, if we're going to be running this meeting, we need to follow the
rules and regulations.
Vice Chairman Gort: Commissioner Sanchez, I understand what you're saying, but at the same time, I
will not keep any of the Commissioners who are elected officials from speaking anything and adding
anything that they could add to any of the ordinances that we're going to pass on. So I understand.
Maybe I was not 100 percent by the rules, but I was just extending a courtesy to Commissioner Regalado,
like I would extend it to you or any other Commissioner that would request that.
Vice Chairman Gort: Call Item 3, please.
Commissioner Winton: And that's the reason our meetings are 40 hours long.
40 3/8/01
Enrique Kogan: Good morning. My name is Enrique Kogan. I'm producer for the third year Argentinean
Festival, which was declared the first year for the former ambassador the largest Argentinean festival in
the world, which is held at the Bayfront Park. This year, I'm coming here because we give the rights to
the TV station in Argentina to televise, so they're going to have the stage, and they're going to have sites.
So it's very hard to find the sponsors without having a stage. And the good thing for the City will televise
to Argentina from open air. It will be like Channel 6 or Channel 7. They call it America 2. And also,
they're going to repeat by Rio De La Plata to the world. The festival is spectacular. You can see, by Mr.
Jay Constantz here from the Bayfront Park, and we're coming here to the City -- for the first time I think
in the history where any Argentinean coming to the City, I lived in Miami for 20 years -- to see if we can
waive the police, the fire and the solid waste for the festival. The other part, I'm going to work with the
Bayfront Park for any other fees. Besides this, I want to thanks to Mr. Willy Gort, which give the
opportunity also for the first time to give us the (unintelligible) the street, Carlos Cardell (phonetic), in the
downtown Miami, which take the opportunity to have like maybe people like would be maybe ninety
people from the press to come from Argentina to be there two days before the event. I'll let you talk now
with Mr. Jay regarding the festival.
Jay Constantz: Jay Constantz, Executive Director of Bayfront Park Management Trust. Mr. Kogan has
done this event with us -- this will be the third annual event. It is the premier Argentinean festival in the
City of Miami. He did come and make a presentation to our board of directors at our last regularly
scheduled meeting, which was last week. The board has instructed me to work with him, as I have with
other promoters for events in Bayfront Park, to work out some mutually agreeable arrangement, of course,
understanding my board directive that we're not to have any fee waivers. So we will be working with
him, as we did with the Miami Jazz Festival, and as we have with numerous other festivals that are the
premier festivals for those communities in our City. There was a memo that was sent to the Mayor and to
the Commission, to the City Manager's Office. Please let me know if you do not have a copy in your
book there. It refers to our suggestion that the City Commissioners and the Mayor consider working with
him in terms of City services, meaning police, fire and rescue, and solid waste, as we did on the Miami
Jazz Festival, and as I will come before this Commission on future dates to discuss in terms of other major
community festivals representing the individual communities throughout our City.
Vice Chairman Gort: OK. Thank you.
Commissioner Regalado: Does --
Mr. Kogan: What I can say, I'm sorry that --
Commissioner Regalado: Excuse me. So you're suggesting that we give the Argentinean Festival the
same treatment that the Commission did to the Jazz Festival?
Mr. Constantz: That's what I'm suggesting, yes, sir.
41 3/8/01
Commissioner Regalado: I think it's only fair.
Commissioner Sanchez: It's only fair.
Commissioner Regalado: It's only fair that we do that. The mission of Bayfront Trust is to bring people
to Bayfront Park, and to bring all communities together. So I'm all for -- to use the same guidelines that
we used during the Miami Jazz Festival.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I go through this every time. It gives me a headache. And the statement is
absolutely right. I mean, that seems logical. But I keep struggling with this. How many of these are we
going to do? Now, I think if I read this memo right, the cost to the City was twelve thousand dollars
($12,000) for the Jazz Festival. So we're going to write off twelve thousand dollars ($12,000) for the
Argentinean Festival. And now in the City of Miami -- so we're going to write off twelve thousand
dollars ($12,000) for the Argentinean Festival, for the -- for the El Salvadoran Festival, for the Honduran
Festival, for the Guatemalan Festival, for the Venezuelan Festival, for the Colombian Festival, for the
Haitian Festival, for the German Festival, for the New Mexico Festival.
Mr. Kogan: Mr. Winton, please, don't compare.
Vice Chairman Gort: Excuse me, sir.
Commissioner Winton: No, no, I am comparing.
Vice Chairman Gort: Excuse me, sir.
Mr. Kogan: You know, that's what I want to say.
Vice Chairman Gort: Excuse me. You're out of order.
Commissioner Winton: Because it's the -- those are the issues, sir, we have to deal with. I mean that's --
you say don't compare. I have to compare, because I will have each of those organizations before this
City Commission, before we're all said and done, asking for the same thing. Trust me. It's the way it
works. And so the question is, how much money are we really willing to put into this? And it goes back
to the point that we've made over and over again. We need some way or another a budget that's
associated with this kind of stuff, and we get all of the potential users queued in a year in advance. We
figure out who can qualify that year. It comes before the City Commission in one big lump sum. We vote
"yes" or "no" on it, and nobody else gets in that year. Anybody else that wants to come in -- and maybe
you have a little contingency for some special emergency. But this process is awful for me.
Commissioner Regalado: That, that, I support. That, I support. I think that what the Chief is doing with
the Law Enforcement Trust Fund is the right thing to do, once a year, you approve. Because, I mean, he
knows that next year, he's going to do it. And that, you're totally right on this issue. But I think, you
know, the Bayfront Trust has been successful in coming out of the red and bringing money. The purpose
42 3/8/01
of the Bayfront Trust is not to make a lot of money, but to bring people to Bayfront Park, and downtown
Miami, and Bayside, and whatever -- the stores. So I think that we should encourage the Argentinean, and
the Bolivian, and the Uruguayan, and the Chilean, and the Haitian and every -- I mean, after all, after all,
Miami --
Vice Chairman Gort: Right.
Commissioner Regalado: -- is what --
Vice Chairman Gort: Gentlemen, my understanding is, in answering your question, Johnny, we have three
hundred and sixty thousand dollars ($360,000) that we set aside for selecting -- for us to select
sponsorships for different programs.
Commissioner Regalado: Yeah, yeah, Willy --
Vice Chairman Gort: But what he's asking about is not being applied this year. But we need to apply that
next year --
Commissioner Regalado: Yeah.
Vice Chairman Gort: -- but we notify everybody.
Commissioner Regalado: But what I'm saying is going further. The Bayfront Trust has been successful
in making some money. They should also share with the City the responsibility of helping the City in
these waivers. That's what I'm saying.
Commissioner Sanchez: Mr. Chairman, I want to address some -- just to clarify that. You're absolutely
right. But, see, the money that we save at Bayfront Park goes back into Bayfront Park for maintenance
that the City would have to pay if we didn't put it in. So we're saving money to the City of Miami. What
we have yet to establish here is standards, because we have basically opened the doors for everyone now,
because what is it to -- I have to support them. And if the Haitian community comes here for -- I'm going
to support them, too. Whoever comes in front of this Commission from now on for a film festival or
whatever festival, I'm going to support them, because you've got to be fair, and there has to be
standardization. Now, if we're going to come out with a standardization process where we'll say we're
going to take five events, and the City is going to pay them, and you shut the door on that, then at least
you have leeway. How come we've been successful in Bayfront Park? We don't waive fees, because if
you waive fees for one person, then you've got to waive fees for everybody.
Commissioner Winton: Right.
Vice Chairman Gort: Gentlemen, my understanding is --
Commissioner Winton: Mr. Chairman.
43 3/8/01
Vice Chairman Gort: -- and this is what I'd like to do: I'd like to instruct the Administration, the
Administration -- We all agreed to set aside three hundred and sixty thousand dollars ($360,000) to
sponsor events by the City of Miami. Am I correct?
Mr. Rollason: We're working on that policy now. We have a draft for next year. They will go through
the process. There will be a time frame that they have to submit early enough so that we can get them on
line and bring a package to you.
Vice Chairman Gort: So we are working on that, what we're going to have.
Mr. Rollason: That is correct.
Vice Chairman Gort: And I think it's very important that we all understand that.
Commissioner Winton: It'll be ready when?
Mr. Rollason: For next year's go around.
Vice Chairman Gort: For next year's budget, next year's go around.
Mr. Rollason: In other words, it'll be later in the year, so early enough that we can get these festivals and
things in that come at the first of the year, and we can get them in the budget.
Vice Chairman Gort: 2001 to 2001, in that budget, that'll be implemented, once it's passed by us, where
everyone will have to go, and then we'll select up to the three hundred and sixty thousand.
Commissioner Winton: Well, the sooner we get a draft of it, though, so that we an see all the lists, the
better, because there may be, one, somebody left off that we can help, make sure gets on. And two, it
gives me then a sense when somebody is coming forth, I can look in the list and say, well, OK. I know
we're going to do it next year, so we're in pretty good shape here, and then I'm happy.
Vice Chairman Gort: Now, my understanding is out of the three hundred and sixty thousand dollars
($360,000), we have not spent.
Carlos Gimenez (City Manager): I don't know what came out of this. I know we have spent some, but --
Commissioner Sanchez: We have spent money, of course.
Vice Chairman Gort: We have spent some. But I think there's still plenty left. OK?
Mr. Gimenez: Our budget may be able to carry through --
Commissioner Sanchez: Mr. Chairman
Vice Chairman Gort: But I want to make sure that we inform the different organizations of the procedure
that's going to take place next year, so we can go ahead and get it done. OK? Do I have a motion?
44 3/8/01
Commissioner Winton: So move.
Commissioner Sanchez: Mr. Chairman, I'd like to present a motion directing the City Manager to sit
down with the Argentinean Festival staff and come to an agreement similar to the other events held at
Bayfront Park. So move.
Commissioner Winton: Second.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all information favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-223
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND EXECUTIVE DIRECTOR OF BAYFRONT PARK
TRUST TO MEET SEPARATELY WITH THE PROMOTER OF THE
ARGENTINEAN FESTIVAL AT BAYFRONT PARK, FOR THE
PURPOSE OF TRYING TO NEGOTIATE AN AGREEMENT WITH
RESPECT TO REQUESTS FOR THE WAIVER OF CERTAIN CITY
SERVICES, WHICH WOULD BE SIMILAR TO THE AGREEMENT
NEGOTIATED BETWEEN THE CITY, BAYFRONT PARK TRUST
AND MIAMI JAZZ FESTIVAL.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Good luck.
45 3/8/01
Mr. Kogan: Thank you very much.
Vice Chairman Gort: I hope you show us to dance the tango.
Mr. Kogan: Don't forget to come to the festival. It's really spectacular. That's why I say don't compare
it. We have about like 2,000 tourists coming from Argentina only for the festival in April 29th. I will let
you know. I'm going to send you all invitations.
Vice Chairman Gort: Item 4.
Mr. Kogan: Thank you very much, everyone.
Vice Chairman Gort: Thank you.
46 3/8/01
Vice Chairman Gort: Gang Resistance Education. This is a grant, accepting a grant.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second? Any further discussion? Being none, all in
favor, state it by saying "aye."
Alejandro Vilarello (City Attorney): Ordinance, Commissioner. We skipped 3A --
Vice Chairman Gort: Yes, ordinance. Read it.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Sanchez: No, it's already been moved.
Vice Chairman Gort: It's already been moved and seconded.
Mr. Vilarello: It's already moved and seconded.
Vice Chairman Gort: Call the roll.
Commissioner Winton: Oh, sorry.
Walter Foeman (City Clerk): No, I need a seconder for Item 4.
Commissioner Winton: Second.
Commissioner Regalado: Second.
Mr. Foeman: Roll call.
47 3/8/01
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11332, AS
AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND
INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING,"
TO INCREASE THE APPROPRIATIONS, IN THE AMOUNT OF
$41,584.38, CONSISTING OF A GRANT FROM THE U.S.
DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL,
TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT; AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT ACCEPTANCE OF THE GRANT;
CONATAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Sanchez, and seconded by Commissioner Regalado, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Whereupon, the Commission, on motion of Commissioner Sanchez, and seconded by Commissioner
Regalado, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12029.
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.
48 3/8/01
Vice Chairman Gort: I don't have a 3A. I understand there's a 3A?
Alejandro Vilarello (City Attorney): Yes.
Vice Chairman Gort: I don't have it.
Frank Rollason (Assistant City Manager): Yes. There's a 3A, the River Festival.
Mr. Vilarello: Miami River, Commission.
Vice Chairman Gort: Well, I don't have it. Go ahead. It's not in my agenda.
Commissioner Sanchez: The presentation by the Miami River Commission to address the Commission
concerning their request for a waiver of in-kind service for the Fifth Annual Miami River Festival, which
will be held on April the 7th, 2000 at the Lummus Park. Any representatives from --
Mr. Rollason: Right. This is co-sponsored event, and what has happened this year is because of the other
items that the City Planning Department has been involved in, in dealing with the summit coming
forward, the Development Summit and so forth, we have helped this item along the -- with the River
Commission has picked up the lead to try to help, along with the DDA (Downtown Development
Authority) and other organizations. And we want to make it clear that this is a co-sponsored event by the
City. So there are people here today to speak to it briefly, and give you a little background, and we just --
it did not pass from the City to somebody else. It's a co-sponsored event. They're just doing a lead on it
this year.
Commissioner Winton: But we've been doing this for four years.
Mr. Rollason: That is correct.
Commissioner Winton: Same thing. So move.
Commissioner Sanchez: And what is usually the cost to the City? What is usually the cost to the City?
There's costs.
Mr. Rollason: We have a budget here that has been passed out to you.
Commissioner Sanchez: I don't have -- oh, yeah, I do.
Mr. Rollason: Oh, I thought we gave this to you.
Vice Chairman Gort: We don't have it.
49 3/8/01
Mr. Rollason: All right.
Commissioner Sanchez: No, I do not have the budget.
Mr. Rollason: All right. Hold on. I thought it had been passed out.
Commissioner Sanchez: I want to know the fiscal impact it's going to have on the City.
Mr. Rollason: All right. This is a left hand/right hand operation.
Commissioner Winton: So City services is four thousand, one hundred and seventy-two dollars ($4,172)?
Is that our cost? Or three thousand, one hundred and thirty-one? I don't get it.
Mr. Rollason: Alina will explain to you exactly what the breakdown is --
Commissioner Sanchez: Is the Administration recommending this?
Mr. Rollason: Yes.
Becky Matkov: Yes.
Commissioner Sanchez: So move.
Vice Chairman Gort: Moved.
Commissioner Winton: Second.
Vice Chairman Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Winton: Thank you for coming, Becky.
Vice Chairman Gort: Thank you. Great presentation.
Ms. Katkov: OK.
50 3/8/01
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-224
A MOTION GRANTING REQUESTS FROM REPRESENTATIVES OF
THE MIAMI RIVER COMMISSION FOR WAIVER OF CERTAIN IN-
KIND SERVICES IN CONNECTION WITH ITS FIFTH ANNUAL
MIAMI RIVER DAY FESTIVAL, WHICH WILL BE HELD ON APRIL
7, 2001 AT LUMMUS PARK; FURTHER APPROVING WAIVABLE
FEES FOR CITY SERVICES AS MORE PARTICULARLY ITEMIZED
IN DOCUMENT ENTERED INTO THE PUBLIC RECORD ON THIS
SAME DATE, AND LISTED HEREIN BELOW:
• POLICE DEPT. (PERMIT):
$ 100
• (ADMINISTRATIVE FEES):
$ 180
• FIRE -RESCUE (PERMIT):
$ 55
• SOLID WASTE (ADMIN. FEES):
$ 48
• PARKS/REC. (EQUIP. RENT):
$ 233
• BLDG./ZONING (EQUIP. RENT):
$ 190
• PUBLIC WORKS (PERMIT):
$ 215
• (BANNER PERMIT)
$ 80
• GSA (BARRICADES):
$ 120
• (EQUIPMENT RENTAL):
$ 150
• TOTAL:
$3,131
51 3/8/01
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Ms. Matkov: I didn't get to --
Vice Chairman Gort: Item 5.
Ms. Matkov: Well, I hope all of y'all come. It's April 6th
Vice Chairman Gort: And you are?
Commissioner Regalado: We'll be there.
Ms. Matkov: Becky Matkov, Executive Director of Dade Heritage Trust. And I did just want to say -- put
in one plug. This is a free event that we put on with the City of Miami, DDA (Downtown Development
Authority), the Miami River Commission and the Miami Marine Group, to get all of y'all -- and I know
some of you have been -- to get the public down to the river, to appreciate that whole neighborhood. And
we raise money through sponsorship and through private sources for this free event. And so we really
appreciate the help that y'all are giving today. Thank you.
Vice Chairman Gort: Thank you, ma'am. Thank you all.
52 3/8/01
Vice Chairman Gort: Item 5, proposed ordinance amending Section 10-4 of the Code of the City of
Miami. This is -- if you all recall, there was an item that came in front of us where some individuals, they
wanted to paint their house, and if it was cost in excess of five hundred dollars ($500), they had to pull a
license or a permit. The permit, the way it was applicable, it called for a hundred and twenty-three dollars
($123). Now it's being reduced where it will be only thirty-three dollars and sixty cents ($33.60). Do I
have a motion?
Commissioner Regalado: Move it.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second for discussion.
Vice Chairman Gort: Discussion.
Commissioner Winton: Where will residents have to go to pull this permit?
Hector Lima (Director, Building): Hector Lima, Building Director. At this time, we're trying to work
where the NET'S (Neighborhood Enhancement Teams) might be able to help out, but right now, the only
entity that can issue the permit is downtown, in my office.
Commissioner Winton: See, it's such -- that won't -- it's as -- the fee is as bad as the trip. I mean, who
the hell is going to --
Commissioner Regalado: No, no. The trip --
Commissioner Winton: This is a --
Commissioner Regalado: The trip is worse than the fee.
Commissioner Winton: Is worse than the -- OK, yes, sir. The trip is worse than the fee.
Commissioner Regalado: And let me tell you why, Johnny.
Commissioner Winton: I agree.
53 3/8/01
Commissioner Regalado: The other day, I visited the palace over there, and there was a guy on the
elevator that was complaining to me, because he recognized me, about he got a ticket, because he parked
across the street. And then he was in line. He didn't want to miss the line. He missed and he got a ticket.
And so he was saying, "I've got to pay eighteen dollars ($18), you know. You guys don't have parking.
Where can I park?" I said, "I don't know." You know, so --
Commissioner Winton: This is one of those god -awful government rules that is an absolute contradiction
to all of our efforts to clean up our neighborhoods. I mean, poor neighborhoods, people paint their own
darned houses. And this is a government dumb rule that absolutely is in contradiction to efforts to clean
up neighborhoods. I think there shouldn't be any permit at all. I think people should be able to paint their
house. Period. End of story. Buy the paint. Paint your house.
Vice Chairman Gort: I agree with that. My understanding was -- and then I'll let Lima tell us -- that this
was a requirement of the South Florida Building Code, that we have to do it. It's something that has to do
with the South Florida Building Code. Anything above five hundred dollars ($500). So people need to
know if they buy paint for less than five hundred dollars ($500), they don't need to pull a permit.
Commissioner Winton: Well, that isn't what this is saying. Labor and material.
Commissioner Sanchez: I don't know.
Commissioner Regalado: They don't know. They don't know.
Commissioner Sanchez: Hey, think about it.
Commissioner Winton: This is not saying that. This is saying you got to pull a permit to paint your
house.
Vice Chairman Gort: No.
Commissioner Winton: And so my view is --
Vice Chairman Gort: If it's more -- if it's more -- this is the South Florida Building Code. It's not the
City of Miami requirement.
Mr. Lima: No. If you let me, please.
Vice Chairman Gort: Go ahead.
Mr. Lima: The fee -- the ordinance that's in front of you is only for fee collection for the City. The South
Florida Building Code is the one that mandates what requires permits or not. And it's based on a criteria
of a five hundred dollar ($500) threshold of labor and material. It used to be a hundred a couple years ago,
and now it's five hundred.
Commissioner Winton: So it's five hundred dollars ($500). So all the houses in East Little Havana, and
Wynwood, and Overtown, and Liberty City, they could easily get their houses painted, labor and
54 3/8/01
materials, for less than five hundred dollars ($500). So are we going to be citing people for painting their
houses if they don't have a permit?
Mr. Lima: My understanding is that NET has instructed their inspectors to be more accurate as to the fees
that are required.
Commissioner Winton: Thank you. Thank you.
Vice Chairman Gort: And also, the permit, if it's required, OK?
Commissioner Winton: Thank you. I understand.
Vice Chairman Gort: You understand now?
Commissioner Winton: Right. I understand. Thank you.
Vice Chairman Gort: OK. Read it.
Note for the Record: The City Attorney read the ordinance into the public record by title only.)
Vice Chairman Gort: Roll call.
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, MODIFY AND ELIMINATE 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.
55 3/8/01
passed on its first reading, by title, at the meeting of February 8, 2001, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner
Winton, 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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS:
Commissioner Joe Sanchez
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12030.
The ordinance was read by title into the public record by the City Attorney
Commissioner Sanchez: Just because of the five hundred dollar ($500) painting.
56 3/8/01
Vice Chairman Gort: Item 6 is a second reading ordinance. Special revenue for grant, funds received
from Florida Fish and Wildlife Conservation. Read it.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded.
Note for the Record: The City Attorney read the ordinance into the public record by title only
Vice Chairman Gort: Roll call.
57 3/8/01
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.
passed on its first reading, by title, at the meeting of February 8, 2001, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Winton, 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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12031.
The ordinance was read by title into the public record by the City Attorney.
58 3/8/01
Vice Chairman Gort: Item 7, a resolution approving procurement of derelict vessel removal.
Commissioner Winton: So move.
Commissioner Sanchez: 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.
Commissioner Sanchez: I just have one question. Is that part of the one hundred thousand dollars
($100,000) that was given to us by the legislation to clean up the Blue -- no, no, never mind. Disregard.
59 3/8/01
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-225
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PROCUREMENT OF DERELICT VESSEL
REMOVAL SERVICES FROM THE CITY OF MIAMI WATERWAYS
FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES BY DOCK AND MARINE SERVICES,
INC. AND BLUE WATER MARINE CONSTRUCTION, INC. AND
BLUE WATER MARINE SERVICES, INC., AWARDED UNDER
MIAMI-DADE COUNTY CONTRACT NO. 2550-3/05 OTR -CW,
EFFECTIVE THROUGH AUGUST 31, 2002, AND SUBJECT TO ANY
EXTENSIONS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS,
IN AN AMOUNT NOT TO EXCEED $48,687.58, FROM THE
SPECIAL REVENUE FUND ENTITLED "DERELICT VESSEL
REMOVAL GRANT PROGRAM."
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
60 3/8/01
Vice Chairman Gort: Item 8.
Commissioner Winton: So move.
Vice Chairman Gort: No, wait a minute. OK. There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Explain this to me.
Christina Abrams (Director, Public Facilities): Yes. The Knight Center Trust Indenture requires that we
review our rates each year to be sure that they're competitive and in line with the rest of the market. Off -
Street Parking, who manages the garage at the Miami Convention Center did a survey of all the area
parking lots, both surface and garage, and they recommend some changes to the rates. In summary, quick
summary, they're proposing that the rates -- an early bird rate be established of seven dollars ($7); that the
overnight rate for the hotels, both the Hyatt and the Clarion be set at twelve dollars ($12); and that the
special event rate be raised from five dollars ($5) to six dollars ($6); and the half hour rates be increased
from two fifty to three dollars ($3), but to be capped at eighteen dollars and fifty cents ($18.50), as
opposed to twenty-four dollars ($24).
Vice Chairman Gort: Wait a minute. My understanding, what I'm reading here, the Miami Parking
System, the first half an hour is three dollars ($3). This is the new rate that they want to establish, or this
is the existing rate?
Ms. Abrams: Well, they're here and I think --
Art Noriega (Executive Director, Miami Parking Authority): Right behind you.
Ms. Abrams: OK. And maybe they can elaborate in more detail on that.
Vice Chairman Gort: Miami Parking System.
Commissioner Winton: (Unintelligible comment.)
Vice Chairman Gort: No, I know.
Commissioner Winton: That's the CenTrust Building.
Vice Chairman Gort: No, but I was looking at the CenTrust. Pretty high. Yes.
61 3/8/01
Mr. Noriega: Art Noriega, Executive Director of Miami Parking Authority. The first two half hour rates
are the same. They're the existing rates that are in place now. What we're actually reducing is the rate
past the first hour to two dollars and fifty cents ($2.50) per half hour from three dollars ($3). We had a
consistent rate of three dollars ($3) per half hour.
Commissioner Winton: There's a reduction.
Mr. Noriega: For that particular rate, exactly. The rationale for that is that we've seen sort of a
diminishing return on our daily traffic, because the surrounding lots are surface lots at a slightly lower
rate. They're capturing most of the daily traffic. Our monthly parking traffic has really remained the
same, even increased slightly. But our daily traffic has seen a reduction. So we want to try to recapture
some of that inventory. The establishment of the early bird rate is a new rate, as well. That is a rate that's
not currently in place. It's a rate we had in the past. We eliminated it, and it actually accounted for
between 60 and 70 percent of our total traffic, and we want to try to recapture that, as well. So.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Sanchez: It's an ordinance.
Vice Chairman Gort: Read it.
Vice Chairman Gort: Call the question.
62 3/8/01
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 53/ARTICLE IV, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUM AND
CONVENTION CENTERS/CONVENTION CENTER OF THE CITY
OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT," TO
PROVIDE FOR AN INCREMENTAL PARKING FEE SCHEDULE
AND FOR SPECIAL PARKING RATES AT THE CONVENTION
CENTER PARKING GARAGE; MORE PARTICULARLY BY
AMENDING SECTION 53-181(4); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
63 3/8/01
Vice Chairman Gort: OK. Item 12. Use agreement between the City of Miami and 21 Century Cinemas,
Inc.
Alejandro Vilarello (City Attorney): 9.
Commissioner Sanchez: No. We skipped 9, 9. Could you explain that to me? It's a first reading, and it's
-- Item Number 9.
Commissioner Winton: So move.
Vice Chairman Gort: 9. It's been moved and seconded. Discussion.
Commissioner Sanchez: Second for the purpose of discussion.
Commissioner Winton: Discussion.
Commissioner Sanchez: I would like to hear from the administration on this item.
Commissioner Winton: Could I ask two questions before you hear?
Commissioner Sanchez: Yes, sir.
Commissioner Winton: I'm curious what the current charges are, because I can't tell whether this is an
increase in fee, or a decrease in fees or what the scoop is.
Maurice Kemp (Deputy Fire Chief, Administration): No change in fees.
Commissioner Winton: No change. Thank you.
Deputy Chief Kemp: Yeah.
Commissioner Sanchez: That's all it is, no change?
Deputy Chief Kemp: No change.
Commissioner Regalado: Why does it say "new fees"?
Commissioner Sanchez: Yeah, why does it say "new fees"?
Deputy Chief Kemp: Maurice Kemp, Deputy Fire Chief.
64 3/8/01
Commissioner Sanchez: Is that a typo?
Deputy Chief Kemp: No.
Commissioner Sanchez: Is that a typo?
Deputy Chief Kemp: What happened here was the State Fire Marshall mandated that all the inspections to
sprinkler systems be done by State -certified fire fighters. So we're just moving the responsibility from the
Building Department to the Fire Department, because that's where the State -certified fire inspectors are
for these inspections.
Commissioner Sanchez: But there's no increase in the fees?
Deputy Chief Kemp: No. The fees are the same. We just moved them from one department's
responsibility to the other department's responsibility.
Commissioner Sanchez: OK.
Commissioner Regalado: All right.
Vice Chairman Gort: OK. It's been moved and seconded. Any further discussion? Being none -- an
ordinance. Read it.
Vice Chairman Gort: Roll call.
65 3/8/01
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "FIRE PROTECTION," WHICH SETS
FORTH FEES FOR FIRE INSPECTIONS AND PERMITS TO: (1) ADD
FEES FOR CERTAIN NEW SERVICES, (2) COVER COSTS OF
PERFORMING CERTAIN REVIEWS AND ENFORCEMENT, AND (3)
CLARIFY AND MODIFY CERTAIN SERVICES AND FEES; MORE
PARTICULARLY BY AMENDING SECTION 19-2 OF SAID CODE;
CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
66 3/8/01
Vice Chairman Gort: Item 12.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Further discussion? Being none, all
in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 01-226
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH 21sT CENTURY
CINEMAS FOR THE TEMPORARY USE AND MANAGEMENT OF TOWER
THEATER, LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, ON AN
INTERIM BASIS FOR AN ADDITIONAL SIX (6) MONTH PERIOD, UNTIL
SUCH TIME AS A REQUEST FOR PROPOSALS IS ISSUED AND AN
AGREEMENT FOR LONG-TERM MANAGEMENT OF THE TOWER
THEATER IS EXECUTED.
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
67 3/8/01
Vice Chairman Gort: Item 13. Resolution authorizing the execution of revocable license agreement.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Lori Billberry (Director, Asset Management): If I can just make one minor correction on the record. The
draft that's in the package just says that he can downsize the area by giving 90 days notice. It's supposed
to be ten.
Commissioner Winton: Say that again?
Ms. Billberry: The gentleman is disposing of the equipment, Lanzo Construction, and we're providing
that he can downsize that area by giving us 10 days notice. And the draft in the packet says 90, and we
would just like to correct that.
Vice Chairman Gort: OK. With the correction, is there a motion?
Commissioner Winton: I think we already motioned, didn't we?
Vice Chairman Gort: Right.
Commissioner Winton: And is there a -- I couldn't find it, and maybe it's already there. Is there a drop -
dead date by which all this debris will be removed?
Ms. Billberry: This is strictly a month-to-month agreement, so we can cancel it at any time and make him
get it out. I don't know if you have a --
Commissioner Winton: Oh, he keeps it. So the new debris comes in, and then he hauls it off and --
Ms. Billberry: No. This is actually left over stuff from the WASA (Water and Sewer Authority)
construction project that was out there. And they're disposing of the equipment. So rather than relocating
it a couple times, he has kept it there. And this will be actually retroactive to September of 2000.
Commissioner Winton: Why don't we have a drop dead -- I mean, why do we want -- We don't want that
stuff to stay out there, do we?
Ms. Billberry: No. He wants to get it out. Maybe you can --
68 3/8/01
Commissioner Winton: Well, why don't we have a drop dead date on here? And create some sort of --
Carlos Gimenez (City Manager): Commissioner, it's a revocable license. Any time you want him, you
know, to move out there --
Ms. Billberry: We can tell him with 30 days.
Mr. Gimenez: -- we can tell him he's got 30 days to get out.
Commissioner Winton: But if you give him 30 days to get out, does that mean all of the debris has to go
with --
Ms. Billberry: Yes.
Commissioner Winton: -- the getting out?
Ms. Billberry: Yes.
Commissioner Winton: Well, I still don't get it. I understand it's a 30 -day license, but why don't we have
a -- so that we all know, he knows, we know, everybody knows by "X" date down there, you're going to
get no more revocable license. You got to have everything out, so that we're not dealing with the
revocable license two years from now.
Vice Chairman Gort: Within six months, a year.
Commissioner Winton: Or 90 days.
Victor Monzon: Well, Commissioner, I don't want to keep the --
Vice Chairman Gort: Your name and address.
Mr. Monzon: I'm sorry. Victor Monzon, Chief Operating Officer for Lanzo Construction. 429
Southwest 27th Road. Commissioner, we want to get it out of there, because I don't want to keep paying
the fee. So there's an incentive already there. I mean, after paying the first six months, I can guarantee
you, in the next 60 days, we'll be out of there. That's what we're trying to accomplish.
Commissioner Winton: Your plan is to be out by when? 60 --
Mr. Monzon: I'd like to see it by tomorrow, but it's a matter of --
Commissioner Winton: But realistically.
Mr. Monzon: I would imagine before we even have an anniversary date of September 1st. But I -- that's
my goal.
Commissioner Winton: OK.
69 3/8/01
Mr. Monzon: By September 1st
Commissioner Winton: So you plan on being out 60 days from now at the outset, anyhow.
Mr. Monzon: If not sooner.
Commissioner Winton: Great. OK. Thank you.
Mr. Monzon: Thank you.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-227
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
WITH LANZO CONSTRUCTION CO., FLORIDA ("LICENSEE") FOR
THE USE OF APPROXIMATELY 4.82 ACRES OF LAND LOCATED
AT VIRGINIA KEY FOR STORAGE AND EQUIPMENT AND
DISPOSAL OF CONSTRUCTION DEBRIS ON A MONTH-TO-
MONTH BASIS, AT A MONTHLY FEE OF $2,502.38 PLUS SALES
TAX, AND AT ALL TERMS AND CONDITIONS AS SET FORTH IN
THE AGREEMENT.
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
70 3/8/01
Vice Chairman Gort: Item 14. Authorizing execution of amendment to Grove Harbor lease.
Commissioner Regalado: On Item 14, Mr. Chairman, if I may. Commissioner Teele is not here today,
and he won't be here. And Dena told me that there were some minor amendments. I would like to defer
this for the next meeting, if possible, because nobody has explained to me some minor amendments. I'm
all for this project, but I think that, first of all, it's a major project of the City, and Commissioner Teele
should be able to participate. And so I would like to defer this for the next meeting.
Vice Chairman Gort: There's a motion to defer.
Commissioner Sanchez: Commissioner --
Commissioner Winton: We don't have to motion, do we? To -- isn't there just a --
Commissioner Regalado: I move, I move to defer to the next meeting, if possible.
Commissioner Winton: But don't we have a standing rule that if somebody moves to defer something, it
just happens, or do we have to vote? I thought there was --
Vice Chairman Gort: Let me ask. My understanding is this is going to be in front of us on the 22nd
because there's two items that are going to be in front of us on the 22nd
Alejandro Vilarello (City Attorney): There is currently scheduled a Planning and Zoning item on the 22nd
This is not a Planning and Zoning item.
Vice Chairman Gort: OK. Now, my understanding is this is not a Planning and Zoning matter. So what
is the administration recommending?
Commissioner Sanchez: The administration is recommending approval.
Vice Chairman Gort: Because if you're going to go to a deferral, what I'd like to do is have it in the
morning, one case, and separate it from the other one. And I want to make sure -- my understanding is a
lot of the questions that are coming up is that there is a deviation from the original RFP (Request for
Proposals) that went out. I want to make sure we get a legal opinion on what's going on, if there is a
deviation from there.
Carlos Gimenez (City Manager): We just received one last night.
Alejandro Vilarello (City Attorney): I did issue a legal opinion on that. But with regard to the deferral,
essentially, the Chair determines whether the item is going to be deferred, subject to the Commission
overriding the Chair. So it's the Chair who controls the meeting, and deferral.
71 3/8/01
Vice Chairman Gort: No, I understand, but I want to be fair to everyone. I mean, we've been going for
this -- what is it? -- Three years now?
Commissioner Sanchez: Defer it. Defer it.
Vice Chairman Gort: Four years.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Before you make the recommendation to defer now, this is an RFP that we've
been dealing with for almost -- how many years now?
Vice Chairman Gort: Four.
Commissioner Sanchez: And we have -- how many times have we deferred this item already? About the
third or fourth time?
Mr. Gimenez: Not this particular item.
Vice Chairman Gort: No, no. This is a new item.
Commissioner Sanchez: Now, would it be --
Commissioner Regalado: It has never been deferred.
Commissioner Sanchez: Listen, I -- if it's up to me, I would like to hear this. And if you guys want to
defer it to the next -- but it's got to be heard, because let me tell you something. We've got a
Development Summit coming up April the 4th through the 6th, and if we're going to continue to put out
RFP's that are going to drag out for years -- all right? -- that is an embarrassment to this City. Every RFP
process that goes out there, it's either challenged one way or the other, and we drag out for four to five
years. And really, it's really not fair to the residents of Miami that we -- You know, we have been a
Commission -- I guess today I'm a little steamed up. But, you know, we have been a Commission that all
we do is create committees, and to put out RFP's, we take years, when in other cities, putting out an RFP
may take six to eight months. We continue to drag on. I would not even ask the average of the RFP that
we put out how many years ago with battling back and forth. This, this issue here has been going on for
just about three years. You know, the submerged land was a problem in Tallahassee. They went to
Tallahassee. It was straightened out. Then there was the issue of the Oversight Board that came back and
said, you know, we're not happy with the money for the City, moved it up to "X" amount of money. And
we're just going to continue -- let me tell you, if you continue today, I ask that the next time that this item
be heard, we hear it.
Vice Chairman Gort: Let me -- thank you. My understanding is this is an amendment to the existing lease
that it is, and this what we're discussing today, the amendment to the lease. OK?
72 3/8/01
Commissioner Sanchez: Yes. Just amendments.
Commissioner Regalado: But excuse me.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Excuse me, if I may.
Vice Chairman Gort: Go ahead.
Commissioner Regalado: Joe, what we're doing here is fixing, not a mistake that this Commission made,
but a mistake that the administration made. So this Commission has done -- this Commission, as a matter
of fact, chose that project over other projects. This Commission has always supported that project. But
this Commission is not trying to derail, or defer or kill this project. This Commissioner does not have
information. Dena, I spoke to you, and you said there were some minor amendments. But I don't know
which one it is. I feel, I feel that these people, for all these deferrals, should not pay rent until this is
ready. But, you know, in deference --
Commissioner Sanchez: But then the City doesn't collect a penny till we come to an agreement. So we
have a property that's there, going on and on, and the City has yet to collect one penny on that property.
This resolution --
Commissioner Regalado: But I mean, it wasn't our fault.
Commissioner Sanchez: No, I agree with you. I'm not blaming anybody.
Commissioner Regalado: It wasn't the fault of the developers, either.
Commissioner Sanchez: I'm not blaming anybody. What this resolution does today, the
recommendations are -- there are four amendments here to just correct the RFP, the terms of agreement.
That's all it does.
Lori Billberry (Director, Asset Management): If I may. Lori Billberry.
Commissioner Regalado: Look, I just want -- You know, I've got to leave. So you've got three votes.
I'm not going to be able to vote on this. But I hope that you will defer this to the next meeting, and then
bring all the issues, and we'll discuss all issues, like the Chairman said. We'll do it in the morning, and
then in the afternoon, we'll do the zoning issue. I mean, I don't have any problem with that. I have to
leave now. I cannot --
Vice Chairman Gort: What's the wish of the Commission? Commissioner Winton, you seconded the
motion.
Commissioner Winton: Well, it wasn't -- did we have a motion? Because I --
73 3/8/01
Commissioner Regalado: I did a motion. I did a motion.
Commissioner Winton: Yeah, there was a motion, but I don't think there was a second, because I was
asking what the protocol was here. And if you remember at the last meeting, I agreed to defer an issue so
that Commissioner Teele could hear it. I don't -- This has been dragging on forever, and --
Vice Chairman Gort: What I'd like to do is we're going to have it on the 22"d. I want to make sure that
we have this item as the first item in the morning. OK? And then you have the other one in the afternoon.
Note for the Record: Commissioner Regalado exited the Commission chamber at 11:40 a.m.
Vice Chairman Gort: Item 15.
Commissioner Sanchez: Now, Mr. City Attorney, could that be done? PZ item in the afternoon and this
item in the morning?
Mr. Vilarello: The PZ item must be done in the afternoon because of advertising requirements. And I
believe I heard the City Manager say that this would be the first item at the 22"d
Tucker Gibbs: Mr. Chair?
Vice Chairman Gort: Yes.
Mr. Gibbs: Because this is an issue that is of some importance to people who have been involved in this
process, citizens who usually are working, can we have a time certain at 5 o'clock for the Planning and
Zoning item? I understand --
Vice Chairman Gort: Oh, yeah, the Planning will be at 5 o'clock. No problem. You'll have plenty of
time.
Mr. Gibbs: Thank you very much.
Vice Chairman Gort: Thank you.
Note for the Record: At this point, Agenda Item 14 was deferred to the meeting of March 22, 2001.
74 3/8/01
Vice Chairman Gort: 15.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Purchase of pneumatic struts for USR (Urban
Search and Rescue).
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any discussion? Being none, all in favor, state it by saying
LL "
aye.
Commissioner Sanchez: Aye.
Commissioner Winton: Aye.
Vice Chairman Gort: Aye.
Commissioner Sanchez: 16 is a 4/5ths We'll bring it this afternoon, Mr. Chairman. 17 is also a 4/5's
Vice Chairman Gort: OK.
Commissioner Sanchez: 18 is also a 4/5tns
Vice Chairman Gort: OK. Go ahead.
Commissioner Sanchez: 19, so move.
Commissioner Winton: We couldn't do 15.
Note for the Record: At this point, Agenda Items 15, 16, 17 and 18 were tabled.
75 3/8/01
Vice Chairman Gort: 19 has been moved. Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Can the Legal Department give us an update?
Alejandro Vilarello (City Attorney): I'm sorry. Mr. Chairman, on Item 15 -- I don't know if the City
Clerk has it -- this is a ratification that requires a 4/5tns vote.
Vice Chairman Gort: We're on Item 19.
Walter Foeman (City Clerk): Yeah.
Commissioner Winton: The City Attorney's a little behind today.
Mr. Vilarello: This is the continuing litigation with regard -- with the County and the plaintiff, Patrick
McGrath, involving the parking surcharge.
Vice Chairman Gort: Right.
Mr. Vilarello: This is the cost of the continuing litigation.
Vice Chairman Gort: OK. It's been moved and second. Is there any questions or discussion?
Commissioner Sanchez: You need 4/5's for 15?
Commissioner Winton: No, we're on 19.
Vice Chairman Gort: We're on 19. You moved it.
Commissioner Sanchez: Yes, move.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
76 3/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 01-228
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW
FIRM OF WEISS, SEROTA & HELFMAN, P.A. FOR LEGAL
SERVICES FOR THE CITY OF MIAMI IN CONNECTION WITH THE
LAWSUITS CONCERNING THE IMPLEMENTATION AND
COLLECTION OF THE PARKING FACILITIES SURCHARGE
AUTHORIZED PURSUANT TO ORDINANCE NO. 11813: PATRICK
McGRATH, III, INDIVIDUALLY AND ON BEHALF OF ALL
OTHERS SIMILARLY SITUATED VS. THE CITY OF MIAMI, CASE
NO. 99-21456 CA -10, AND MIAMI-DADE COUNTY, THE PUBLIC
HEALTH TRUST OF MIAMI-DADE COUNTY AND LAUREEN
VARGA VS. THE CITY OF MIAMI, CASE NO. 99-23765 CA -08, IN
THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA, ALLOCATING ADDITIONAL FUNDS,
IN AN AMOUNT NOT TO EXCEED $100,000.00, PLUS COSTS, AS
APPROVED BY THE CITY ATTORNEY, FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.661 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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
77 3/8/01
Vice Chairman Gort: Item 20 has been requested to be deferred. 28, emergency ordinance amending
appropriation --
Commissioner Winton: Also deferred.
Vice Chairman Gort: Also deferred. 21. Miami Sports and Exhibition Authority. I'll hold my
nomination. Commissioner Regalado holds his nomination. Commission on the Status of Women. I'll
hold my nomination.
Note for the Record: At this point, Agenda Items 20, 21 and 22 were deferred.
78 3/8/01
Vice Chairman Gort: 23. Planning and Advisory Board.
Commissioner Sanchez: Mr. City Clerk, did both of my appointees re -apply?
Walter Foeman (City Clerk): Steven Poliakoff did not apply. Dana Manner did apply.
Commissioner Sanchez: Who? Excuse me?
Mr. Foeman: On Item 23?
Commissioner Sanchez: Yes, sir.
Mr. Foeman: Yes. Dana Manner applied.
Commissioner Sanchez: Applied.
Mr. Foeman: Yes.
Commissioner Sanchez: And who was my other appointee?
Mr. Foeman: Steven Poliakoff.
Commissioner Sanchez: He is no longer.
Mr. Foeman: No. He was the prior --
Commissioner Sanchez: So I have a vacant position?
Mr. Foeman: Yeah.
Commissioner Sanchez: I would like to re -- I would like to reappoint Dana Manner.
Mr. Foeman: Yes. He did apply.
Commissioner Sanchez: OK. So that would be my appointee.
Teresita Fernandez (Chief Officer, Hearing Boards): He's the alternate at this point.
Vice Chairman Gort: Excuse me. You are?
Commissioner Sanchez: Well, I would like to move him to be permanent.
Vice Chairman Gort: Who are you?
79 3/8/01
Ms. Fernandez: Yes.
Vice Chairman Gort: Who are you?
Ms. Fernandez: Oh. I'm Teresita Fernandez, from the Office of Hearing Boards. I'm sorry.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: And just for my understanding, I still have one.
Mr. Foeman: Yes. And you can direct me to go back out and re -advertise that if you don't -- if you're not
satisfied with the applications that's before you.
Vice Chairman Gort: Do you have a -- Commissioner Winton?
Commissioner Winton: I need to reappoint Luis Revuelta.
Vice Chairman Gort: OK. And I'll reappoint Jose. I reappoint Jose Arnaez and Jesus Casanova. Is there
a motion to approve all the nominations?
Commissioner Sanchez: So move. Second.
Commissioner Winton: So move.
Vice Chairman Gort: Is there a second? Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
80 3/8/01
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-229
A MOTION REAPPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE PLANNING ADVISORY BOARD:
DANA MANNER (regular member, re -nominated by Commissioner Sanchez)
LUIS REVUELTA (regular member, re -nominated by Commissioner Winton)
JOSE ARNAEZ (regular member, re -nominated by Vice Chairman Gort)
JESUS CASANOVA (regular member, re -nominated by Vice Chairman Gort)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
81 3/8/01
Vice Chairman Gort: Zoning Board. Do you have an appointment?
Teresita Fernandez (Chief Officer, Hearing Boards): No, Mr. Winton, you don't have any appointments.
Commissioner Sanchez: Mr. City Clerk did both of my appointees --
Walter Foeman (City Clerk): Yes, both did.
Commissioner Sanchez: I would like to -- Could you state the names for the record, please?
Mr. Foeman: Sure. Rodolfo De La Guardia and Juvenal Pina.
Commissioner Sanchez: Yes. I would like to reappoint both of them.
Vice Chairman Gort: OK. I would like reappoint both of my appointments, Humberto Pellon and Ileana
Hernandez -Acosta. Do I have a motion?
Commissioner Sanchez: 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 "aye."
The Commission (Collectively): Aye.
82 3/8/01
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 0 1-23 0
A MOTION REAPPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE ZONING BOARD:
JUVENAL PIMA (regular member, re -nominated by Commissioner Sanchez)
RODOLFO DE LA GUARDIA (regular member, re -nominated by
Commissioner Sanchez)
ILEANA HERNANDEZ-ACOSTA (regular member, re -nominated by
Vice Chairman Gort)
HUMBERTO PELLON (alternate member, re -nominated by
Vice Chairman Gort)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
83 3/8/01
Vice Chairman Gort: Item 26. Orange Bowl Advisory Committee. Commissioner Teele and Mayor
Carollo have appointments. They're not here.
Commissioner Sanchez: And don't we need to -- we need to appoint Larry Coker to replace Butch Davis.
Commissioner Sanchez: Yes. As a matter of fact, that is a good recommendation. That was discussed at
the committee. So if you're willing to make the motion, I'd be more
than --
Commissioner Winton: I so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. 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 Winton, who moved for its adoption:
RESOLUTION NO. 01-231
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL
STEERING COMMITTEE 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 Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS:
ABSENT:
None
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
84 3/8/01
Vice Chairman Gort: Code Enforcement. Commissioner Teele has one. The Commission at large has
one appointment.
Teresita Fernandez (Chief Officer, Hearing Boards): Yes. And Mr. Gort, you also have Adela Gonzalez.
Vice Chairman Gort: I will re -nominate Adela Gonzalez.
Walter Foeman (City Clerk): OK. Vice Chairman Gort, we also need a 4/5tns waiver for her, as well.
Commissioner Winton: Why?
Mr. Foeman: Because according to our attendance records, she had exceeded the number of absences, so
we would need to include the waiver.
Vice Chairman Gort: No problem. We'll include the waiver. The reason for her absentees, her son was
in the hospital for three months.
Ms. Fernandez: Exactly. Yes.
Vice Chairman Gort: OK. Do I have a motion?
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: How about at large?
Commissioner Winton: We got an opening?
Ms. Fernandez: Yes.
Commissioner Winton: But I don't have a name, either.
Vice Chairman Gort: OK.
Commissioner Winton: I was just yelling at everybody behind me, how come we don't have a name?
Vice Chairman Gort: Adela Gonzalez will be my nomination to be reappointed. Do I have a motion to
accept the nomination?
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
85 3/8/01
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 Winton, who moved for its adoption:
MOTION NO. 01-232
A MOTION REAPPOINTING ADELA GONZALEZ AS A MEMBER
OF THE CODE ENFORCEMENT BOARD.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
86 3/8/01
Vice Chairman Gort: Fire Fighters' and Police Officers' Retirement Trust. The Commission at large has
requested to reappoint the following two nominations:
Commissioner Winton: So move.
Vice Chairman Gort: Jesse Diner and Alexander Gurdak.
Commissioner Sanchez: Second.
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 Winton, who moved for its adoption:
MOTION NO. 0 1-23 3
A MOTION REAPPOINTING JESSE DINER AND ALEXANDER
GURDAK AS MEMBERS OF THE FIRE FIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Winton: Now, we also have the IAFF (International Association of Fire Fighters)
reappointments.
Walter Foeman (City Clerk): Yes.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
87 3/8/01
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-234
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST 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 Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
88 3/8/01
Vice Chairman Gort: The Downtown Development Authority. Do we have a nomination recommending
the --
Commissioner Winton: So move.
Walter Foeman (City Clerk): Scott Robins. For the record, Scott Robins.
Vice Chairman Gort: Scott Robins. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-235
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 Second, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Sanchez: Mr. Chairman if we could bring this back this afternoon.
Vice Chairman Gort: Historic and Environmental Preservation Board. Beg your pardon?
Commissioner Sanchez: Can we bring this one up this afternoon? Because I want to -- there's someone
interested, and I want to call and see if they're still interested.
89 3/8/01
Vice Chairman Gort: No problem. Bring it back this afternoon. 31, annual report presentation. Are we
going to have the presentation from this Coconut Grove, Audit Advisory Committee, Urban Development,
Latin Quarter Review Board, Off -Street Parking Board, and Nuisance Abatement Board?
Commissioner Winton: Where are we?
Vice Chairman Gort: This is on Item 31, annual reports presentation. Now my --
Carlos Gimenez (City Manager): From my understanding, the chairpersons of these committees have
been advised to give a report, and as far as I know, they're supposed to come and give a report.
Vice Chairman Gort: Well, we'll bring it back this afternoon. Discussion item in compliance with
requirements of Ordinance 11727 enacted in November. The administration prepared to provide financial
update and budget. I looked. We can do that this afternoon. Outdoor Advertising Review Board, we can
do that this afternoon.
Commissioner Sanchez: That was deferred, wasn't it, 33?
Mr. Gimenez: You said that you would make a decision this afternoon on that.
Commissioner Sanchez: OK.
Mr. Gimenez: We will have the chairperson in attendance.
Note for the Record: At this point, Agenda Items 30, 31, 32 and 33 were tabled.
Vice Chairman Gort: OK. See you all later now.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:48 A.M. AND
RECONVENED AT 3:41 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER REGALADO AND COMMISSIONER TEELE, FOUND TO BE
PRESENT.
90 3/8/01
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Didn't we do 15? I was under the impression we did 15, right?
Walter Foeman (City Clerk): Yes. We have to go back. It requires a 4/5tns vote.
Vice Chairman Gort: I'm sorry; I can't hear you.
Mr. Foeman: We have to go back and do 15, because it requires a 4/5tns vote.
Vice Chairman Gort: OK, 15. Tomas, you were out at that time. This is to ratify, approve,
confirm emergency purchase of --
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Winton: What are we on?
Vice Chairman Gort: 15.
91 3/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 01-236
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE
PURCHASE OF SHORE, PNEUMATIC STRUTS FROM TEAM RESCUE
EQUIPMENT, INC. IN VARIOUS SIZES, IN AN AMOUNT NOT TO
EXCEED $12,648,00; ALLOCATING FUNDS THEREOF FROM THE GRANT
ENTITLED, "FEMA/USAR GRANT AWARD (FISCAL YEAR 2000),
ACCOUNT NUMBER 110091.280904.6.840.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
92 3/8/01
Vice Chairman Gort: 16 is an emergency contract increase, aerial bucket trucks repair service.
Commissioner Winton: So move. So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second? Any further discussion? Being none,
all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-237
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING AN
INCREASE IN THE TOTAL CONTRACT AMOUNT WITH BAKER
EQUIPMENT ENGINEERING COMPANY, FOR AERIAL BUCKET TRUCK
REPAIR AND SERVICES, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED
$22,936.35, THEREBY INCREASING THE TOTAL CONTRACT AWARD
FROM $58,670.94 TO $81,607.29, PURSUANT TO INVITATION FOR BID
NO. 99-00-073; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 311702.429401.6.670.
93 3/8/01
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
94 3/8/01
Vice Chairman Gort: Item 17, emergency purchase of repairs of the fire suppression systems.
Commissioner Winton: So move.
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.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-238
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY
PURCHASE FOR THE REPAIRS TO THE FIRE SUPPRESSION SYSTEM
(HALON SYSTEM) AT THE POLICE DEPARTMENT'S CENTRAL
HEADQUARTERS BUILDING, FROM MIAMI FIRE EQUIPMENT, IN AN
AMOUNT NOT TO EXCEED $5,200; ALLOCATING FUNDS THEREFOR
FROM THE E-911 SPECIAL REVENUE OPERATING BUDGET, ACCOUNT
CODE NO. 196002.290461.6.670; FURTHER, RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN
EMERGENCY PURCHASE ORDER FOR THIS REPAIR.
95 3/8/01
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
96 3/8/01
Vice Chairman Gort: 18, emergency provisions for blacksmith.
Commissioner Winton: So move.
Vice Chairman Gort: Blacksmith.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: Joe, you can use this. OK. There's a motion and a second. Any
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-239
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY
PURCHASE OF BLACKSMITH FARRIER SERVICES FOR THE POLICE
DEPARTMENT, FOR THE PERIOD DECEMBER 15, 2000 THROUGH JUNE
30, 2001, IN AN AMOUNT NOT TO EXCEED $8,000; ALLOCATING FUNDS
THEREFOR 001000.290201.6.270; FURTHER, RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN
EMERGENCY PURCHASE ORDER FOR THESE SERVICES.
97 3/8/01
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
98 3/8/01
Vice Chairman Gort: 19 has been passed. The next one is 27. Code Enforcement Board. We
need a 4/5tns vote to confirm the --
Commissioner Regalado: Mr. Chairman, I need to make some appointments.
Vice Chairman Gort: OK.
Commissioner Regalado: The Miami Sports and Exhibition Authority, Carlos Martell.
Vice Chairman Gort: Which was that?
Commissioner Regalado: MSEA (Miami Sports and Exhibition Authority), Miami
Sports --
Vice Chairman Gort: No, no. Which --
Walter Foeman (City Clerk): That's Item 21.
Commissioner Regalado: 21. Item 21.
Vice Chairman Gort: 21.
Commissioner Regalado: I'm supposed to appoint a person -- two appointees -- is Carlos
Martell, although we need an elector waiver.
Vice Chairman Gort: There's a motion by Commissioner Regalado.
Commissioner Winton: Second.
Vice Chairman Gort: And a second, along with amendment of the resident's waiver. Is that
what it is?
Commissioner Regalado: Yes.
Commissioner Winton: Yes.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
99 3/8/01
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 01-240
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL
AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA")
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 Winton, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
100 3/8/01
Commissioner Regalado: On the Planning Advisory Board, Ray McElroy and Doris Scheer.
Vice Chairman Gort: There's a motion to accept the nominations made by Commissioner
Regalado.
Commissioner Winton: Second.
Vice Chairman Gort: It's been 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. 01-241
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING
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 Winton, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
101 3/8/01
Commissioner Regalado: On the Zoning Board, Angel Urquiola. And the other appointment,
I'd like to request the City Clerk to advertise. We have a person that is interested, but has not
applied.
Vice Chairman Gort: There's a motion by Commissioner Regalado. Is there a second?
Commissioner Winton: So move -- second.
Vice Chairman Gort: It's been a motion and a second to accept this nomination. 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. 01-242
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE
ZONING 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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
102 3/8/01
Vice Chairman Gort: OK. We're now to 27, Code Enforcement. I need a 4/5tns vote to appoint
Adela Gonzalez. Do I have a motion?
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved.
Commissioner Regalado: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-243
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL
AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD 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 Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
103 3/8/01
Vice Chairman Gort: Item -- by the way, that item, I was requested that we defer that item on
the billboards. So can -- do we --
Walter Foeman (City Clerk): It was Item 30, HEP (Historic and Environmental Preservation)
Board.
Vice Chairman Gort: Can I have a motion to defer -- table --
Commissioner Sanchez: No, no, no, no, no, no, no. He's --
Mr. Foeman: Commissioner Sanchez wanted to bring Item 30 back in the afternoon.
Commissioner Sanchez: Item 30, it's appointments to the Historic and Environmental
Preservation Board, and I would like to make two appointments at this time, Mr. Chairman. One
of my appointments is Lourdes Solera, who will be the architect, and Jane Caporelli will be the
citizen. So move both appointees. Mr. Clerk, is that --
Mr. Foeman: That is correct. Those two categories.
Commissioner Sanchez: Have they both applied?
Mr. Foeman: They both have applied.
Commissioner Sanchez: Thank you.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor of accepting the
nominations by Commissioner Sanchez, state it by saying "aye."
The Commission (Collectively): Aye.
104 3/8/01
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-244
A MOTION REAPPOINTING LOURDES SOLERA AS RESTORATION ARCHITECT OR
ARCHITECT HISTORIAN MEMBER AND JANE CAPORELLI AS A CITIZEN MEMBER
OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Regalado: I have a nomination for that board, the Historic Preservation Board.
Ray Fernandez in the category of architect.
Commissioner Sanchez: Which appointment is that to? Which board?
Commissioner Regalado: Ray Fernandez to the same board, Historic Preservation Board.
Commissioner Winton: HEP Board.
Vice Chairman Gort: Historic Preservation Board. There's a motion. Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Do I have any further discussion? Being none, all in favor of
accepting the nomination by Commissioner Regalado, state it by saying "aye."
The Commission (Collectively): Aye.
105 3/8/01
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 01-245
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION 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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
106 3/8/01
Commissioner Sanchez: Mr. Chairman, I have an appointment to the Coconut Grove Festival
Committee. I could either take it out of order, or I could bring it out as a pocket item.
Walter Foeman (City Clerk): Yeah.
Commissioner Sanchez: Mr. Chairman, would you allow me the privilege to take it --
Vice Chairman Gort: Well, what are the rules? Should we check with the Attorney and see what
the --
Commissioner Sanchez: The rules are that I'm asking you.
Vice Chairman Gort: Mr. Attorney, how do we apply this?
Commissioner Sanchez: You are the Chairman and I'm asking you if we could take it out of
order. You could say "yes" or "no." After all, you are the Vice Chairman.
Vice Chairman Gort: Go right ahead.
Commissioner Sanchez: Thank you.
Commissioner Regalado: You got to follow the rules, man. Got to follow the rules.
Commissioner Sanchez: I'm respectfully requesting the appointment of Robert A. Murray, Jr. to
the Coconut Grove Festival Committee. So move.
Commissioner Winton: Second.
Vice Chairman Gort: OK. There's a motion. There's a second. Any discussion? Being none,
all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
107 3/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 01-246
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL
AS A MEMBER OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE 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 Winton, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
108 3/8/01
Vice Chairman Gort: Any other business to be --
Commissioner Winton: Yes. I have --
Commissioner Sanchez: I also have an appointment to the Community Relations Board.
Beatrice "Betty" Menendez is an appointee -- Aponte? Aponte -- to the Community Relations
Board.
Commissioner Winton: Second.
Vice Chairman Gort: OK. It's been moved and seconded. Any discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-247
A MOTION APPOINTING BEATRICE "BETTY" MENENDEZ APONTE AS A MEMBER
OF THE COMMUNITY RELATIONS BOARD.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
109 3/8/01
Commissioner Winton: Mr. Chairman, I got a couple of appointments. I need a waiver of
residency for Tony Villamil on the ITB (International Trade Board) Board.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. All the --
Commissioner Winton: Thank you. We're lucky we were able to talk him into it.
Vice Chairman Gort: You were very good. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 01-248
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE INTERNATIONAL TRADE BOARD
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 Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
110 3/8/01
Commissioner Winton: In addition, Linda Romero to the Community Relations Board.
Commissioner Sanchez: So --
Commissioner Regalado: Good. Thank you.
Vice Chairman Gort: There's a motion and a second.
Commissioner Regalado: We now have a quorum.
Vice Chairman Gort: Any further discussion?
Commissioner Sanchez: You can conduct business now.
Vice Chairman Gort: Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 01-249
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 Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
111 3/8/01
Commissioner Winton: And one other piece of business here. I messed up at the last meeting
and the meeting before. I've known this for two meetings, and I was completely derelict in
letting you all know. But the -- my two oldest kids live in Palm Beach, and spring break in Palm
Beach is the week of the 19th. And we have a Commission meeting scheduled for the 22nd, and
I'm not going to be here.
Vice Chairman Gort: For when?
Commissioner Winton: The Mach 22nd Commission meeting.
Vice Chairman Gort: Right.
Commissioner Winton: I'm going to be gone.
Vice Chairman Gort: OK.
Commissioner Winton: So any great ideas in terms of where we can move this meeting. The
29th
Vice Chairman Gort: Want to change it to the 29th?
Commissioner Winton: That works for me.
Commissioner Sanchez: It works for me.
Commissioner Regalado: We can go to Palm Beach.
Commissioner Winton: Well, we're going to Disney World.
Commissioner Regalado: We can go to Disney World.
Commissioner Winton: So come along. You're invited.
Vice Chairman Gort: Hey, we could have Mickey Mouse chairing the meeting. Let me check
my --
Commissioner Sanchez: So move. So move to change the March 22nd --
Commissioner Regalado: 29th
Vice Chairman Gort: Hold it, hold it, hold it.
112 3/8/01
Commissioner Sanchez: -- to the 29th. So move.
Commissioner Winton: Second.
Vice Chairman Gort: Mm-hmm, yes.
Commissioner Winton: March 29th, does that work?
Vice Chairman Gort: Look in my book, because I think I have some fundraiser.
Carlos Gimenez (City Manager): Mr. Chairman, could you give me a couple minutes? There
may be a problem there.
Commissioner Regalado: Oh, because it's Zoning.
Mr. Gimenez: There's no problem. We can -- we sent some advertisements for the March 22nd
but we can redo it and do it on the 29th
Commissioner Winton: I deserve 50 lashes, because I knew about this last meeting and the
meeting before, and I forgot.
Vice Chairman Gort: I have to tell you, I can make it on the 29th, but I have to get out of here by
6:30.
Commissioner Winton: Oh, that's terrible. You're the Chairman. Let's run the meeting and get
out of here 6:30. I'm in favor.
Vice Chairman Gort: OK. All right. Well, tell my colleagues, and we don't have any problem.
Commissioner Winton: OK. The motion is to be done by 6:30. Motion.
Vice Chairman Gort: OK. There's a motion to move the 22nd -- meeting on the 22nd of March to
the 29th of March.
Commissioner Winton: To be completed by 6:30.
Vice Chairman Gort: By 6:30 p.m.
Commissioner Regalado: No, because that's an infringement on the First Amendment.
Vice Chairman Gort: All in favor -- no, the time doesn't -- I can leave and Commissioner
Sanchez knows how to use this hammer real good, so there's no problem. Do I have a motion?
Commissioner Sanchez: So move.
Commissioner Winton: So move.
113 3/8/01
Vice Chairman Gort: Second. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
114 3/8/01
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 01-250
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING
THE SECOND REGULAR CITY COMMISSION MEETING OF MARCH,
ORIGINALLY SCHEDULED FOR MARCH 22, 2001, TO TAKE PLACE ON
MARCH 29, 2001, COMMENCING AT 9:30 A.M.
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
115 3/8/01
Vice Chairman Gort: I have a request to defer Item 33. Do I have a motion to defer?
Commissioner Winton: Who's requesting to defer, by the way?
Vice Chairman Gort: The chairperson.
Commissioner Winton: The chairperson of the committee?
Vice Chairman Gort: That's correct.
Commissioner Sanchez: You don't need a motion. You just say, "defer."
Commissioner Winton: And we're going to defer till when?
Commissioner Sanchez: Next meeting.
Commissioner Winton: The 29th?
Vice Chairman Gort: Let me ask you a question. Part of the report that I read, I think it was the
suggestion of staff that we defer for 90 days. Was I correct in my interpretation?
Ana Gelabert-Sanchez (Director, Planning & Zoning): What happened was that when the board
was put together, it was October/November. By the time the board was able to get together, it
was already close to December where their term was about to expire. They came in front and
asked for an additional 90 days, which I believe is what we recommended in order for them to
meet and then do the job that they had been requested. That's why it was -- the 90 days came
into effect, which it would be about now.
Vice Chairman Gort: So you think we should bring it back then on the first meeting of April?
Ms. Gelabert-Sanchez: The chairperson was the one that -- she didn't give me a date. She just
asked if it could be deferred.
Vice Chairman Gort: OK.
116 3/8/01
Commissioner Regalado: Excuse me. Question for Ana. Remember that we discussed the
Coral Way Corridor. I'll send you -- I gave you all the information to give sort of a preliminary
report on the 22"d
Ms. Gelabert-Sanchez: Yes.
Commissioner Regalado: Right. Can you do it on the 29th?
Vice Chairman Gort: Before we go on, let me ask the Attorney. What kind of resolution can we
pass congratulating Mr. Kuper? He just got married a little while ago. Yes.
Commissioner Sanchez: Just got married?
Alejandro Vilarello (City Attorney): It's a resolution --
Vice Chairman Gort: He wanted to do a real quiet ceremony.
Commissioner Sanchez: Congratulations, Mr. Kuper.
Vice Chairman Gort: It was very -- he wanted to keep it a very quiet ceremony, so that takes
care of that. OK.
Commissioner Regalado: So can you do it on the 29th, Ana?
Ms. Gelabert-Sanchez: On the Coral Way? Yeah. I will be able to do it on the 29th
Commissioner Regalado: The Coral Way Corridor.
Ms. Gelabert-Sanchez: Yes.
Commissioner Regalado: OK. In the morning.
Vice Chairman Gort: When would you like to bring this back?
Ms. Gelabert-Sanchez: I would like to, if Steve Alexander is here, and he's a committee
member. For the Planning Department, whatever date is convenient to you is convenient for us,
because we're ready. We have already looked at what they have recommended, and we have
made our own recommendations on what they have requested. So we're ready. We're ready
today or we're ready in two weeks.
Vice Chairman Gort: OK. All right. So let's do it on the 29th, then. Yes, sir.
Gil Pastoriza: Commissioner, thank you. Gil Pastoriza. I'm here on behalf of Marc Buoniconti.
He is also -- you know, he's doing his Jumbotron. And he has somehow been lumped in with the
billboards and that issue. And we have met. We've been working with your staff for a year and
a half on this Jumbotron issue. And one of the things that -- And, you know, it's difficult for
117 3/8/01
Marc to move from one place to another. And Marc was coming today, because he thought that
this matter was going to be heard today, or at least he wanted to give a small presentation on
Jumbotrons.
Vice Chairman Gort: Well, I tell you, if he's on his way, you better get him here, because the
meeting is going to be closed in about two minutes.
Mr. Pastoriza: OK. All I want to make sure, if you do defer it, that it would be something
certain, so that he doesn't have the --
Vice Chairman Gort: We're doing it for the 29th, and we're doing it at a time certain.
Commissioner Sanchez: Now, Mr. Chairman, I have a question. Ana, does all this fall under the
same scope?
Ms. Gelabert-Sanchez: Everything is outdoor advertising, but the Jumbotrons are different in the
sense that we don't have the signage. It's large enough as a billboard. So we've been -- and it's
going to be at, you know -- it is hard to say. It falls into a very particular category,
Commissioner. It could be seen as outdoor advertising, because it's going to be seen from the
outside. But it is really a sign that we just don't allow in the City, and that we're coming up with
new regulations. So we could go either way. It's whatever you desire. We could do it
separately or we could do it jointly.
Commissioner Sanchez: Are you --
Vice Chairman Gort: I think we had a request from several individuals to separate the both, have
it as two different items.
Commissioner Sanchez: Let me just ask you a question. Have you seen the recommendations
made for the "Albatron" --
Ms. Gelabert-Sanchez: The Jumbotron?
Commissioner Sanchez: Jumbotron. Jumbotron. Have you seen the recommendations?
Ms. Gelabert-Sanchez: Yeah. Yes, yes, we have. And Planning, the Department, also. We've
made our own recommendations on the --
Commissioner Sanchez: You've also made your recommendations.
Ms. Gelabert-Sanchez: Yes, we've made a recommendation.
Commissioner Sanchez: So in this whole process, of course, their staff -- I mean their committee
made recommendations, and you have also made recommendations. So I believe we could
time certain for you. I don't -- you know, I would support deferral of the item so we could --
It's up to you, Mr. Chairman.
118 3/8/01
Vice Chairman Gort: What I would like in the meantime -- and I received letters and complaints
that we have a lot of the existing signage that they're not in accordance with our legislation and
our ordinance. I think somehow, while we wait, those people should be brought into
compliance. And my understanding is there's some illegal signs that have been identified, also.
I believe we need to deal with those illegal signs, also. My understanding also is people that
have not made payments. And before we do anything, I'd like to see all the compliance take
place, because this guy here is not going to vote to grandfather any of those non -conforming.
Commissioner Winton: Well, that's two of us.
Vice Chairman Gort: I just want you to know that. That's two of us right now.
Ms. Gelabert-Sanchez: Dennis, do you want to say something?
Vice Chairman Gort: And I'm sure there's three and four of us.
Commissioner Sanchez: Yeah. Mr. Chairman, Mr. Chairman, if I may. Let me just get this
straight. The committee made some recommendations on both sides, the Jumbotron and the
outside media advertisement. And the City has also made recommendations. Have you had a
chance to sit down together and try to work out those recommendations, to come to an agreement
and then present us, the Commission, with that agreement?
Ms. Gelabert-Sanchez: What we have done on the committee, itself, and the committee has
reviewed billboards. We have reviewed the Jumbotrons and then the murals, which was the
other one, the art murals. What we have made is our recommendations toward agreement. We
really have not reached an agreement in the sense that what on the certain -- on the billboards,
for example, we feel very strongly that we don't agree with what the request or the
recommendations have been. As far as the Jumbotron, we have agreed on certain locations for
the Jumbotrons, but we do not agree that they should be into as many districts as the committee
would like to see them. So I believe we have met quite often and the committee together, there
has been staff represented. So at this point, the Planning Department has looked at it, and we
feel comfortable that we have tried on the areas where we felt that we could agree. But I have to
say that many of them, we do not. We do not agree on the locations on the Jumbotrons to be
Citywide on particular locations. That's not the view of the person representing that would like
to see the Jumbotrons, but at this time, I don't think we could change our position. What would
need to be done is we would have to go back and write legislation that we would have to bring
back to you, depending on what is it that you view.
Commissioner Sanchez: So this is similar to, in the past, the private haulers, where we had to sit
down with them and come to an agreement, and put some rules and regulations down. Right
now -- well, basically, the studies, both recommendations made, I mean, there's complaints of
some of them not even paying their fees, some of them being illegal. There's a lot of concern.
My thing is -- and let me just make it clear, for just a point of clarification. You did sit in those
meetings?
119 3/8/01
Ms. Gelabert-Sanchez: I sat in several meetings, and Juan Gonzalez, who is the Zoning
Administrator, sat in all the meetings. So there has been staff in the committee all the time. And
when the recommendations were made, we would sit down as a department afterwards, and
make our recommendations, our comments. And Juan Gonzalez, who is the Zoning
Administrator, would be back on that committee. So he has been in all the committees -- in all
the committee meetings, yes.
Commissioner Sanchez: But have you had an opportunity to sit down and try to come to a
compromise or an agreement to put some legislation together?
Ms. Gelabert-Sanchez: Well, at this point, it would really have to come back to you. Where the
committee was going to make recommendations, because we deferred on the views, and then
they were going to make their recommendations. The department was ready and is ready to give
our presentation on how we feel. Based on your discussion and what you agree on doing and
your view is when you would instruct the Managers, and we would go back again and then come
up with the legislation. At this point, what you have in front of you --
Vice Chairman Gort: Is a discussion item.
Commissioner Sanchez: It's discussion.
Ms. Gelabert-Sanchez: -- is what they request and then why do we say "yes" or "no." That's
what you have in front of you.
Commissioner Sanchez: OK.
Carlos Gimenez (City Manager): Commissioner, I guess it's fair to say that we're not in
agreement with the recommendations of that committee, and we're diametrically opposed to a
lot, and it's a question of your policy direction to us as to how -- what you want to see in the
City. In the administration's point of view, we don't agree with what the industry wants to do.
Vice Chairman Gort: OK.
Commissioner Regalado: But if you don't agree, I mean, Mr. Buoniconti asked for a meeting,
and, you know, we couldn't make it because he had something. But he was supposed to give me
some details. And I have some information here, but we never got anything from the
administration, other than this backup material. And I think that it's important that we are
informed if we want to make a decision.
Vice Chairman Gort: My understanding is --
Commissioner Regalado: I mean, no one, no one contacted me or sent any memo. Mr. Manager,
you did not send any memo saying you did not agree with the recommendations of the
committee or whatever.
120 3/8/01
Mr. Gimenez: There is in the backup, there is a Planning and Zoning Department
recommendation on this, and it says basically what the current Code is, the Outdoor Advertising
Board's recommendation, and the Planning and Zoning Department recommendation on this.
Commissioner Regalado: OK. So what you're saying is that we can only count on the backup
material five days before. I mean, your staff does not have the time. They're too busy to come
and talk to us on this issue that is very important.
Mr. Gimenez: No, I'm not saying that at all. We would be happy to --
Commissioner Regalado: Well, what are you saying? Because, I mean --
Mr. Gimenez: I'm not saying that at all. We would be happy to, if -- to come before every one
of the Commissioners prior to the next meeting and explain our position on why we
recommended what we recommended, and we'll be setting up those meetings.
Commissioner Regalado: I mean, because it saves time. It really saves time for the people,
because we don't -- ask may stupid questions, and we only use the time that we have so the
people can speak. But if you, you know, if you guys don't care to tell us what are your feelings,
I mean, then we have to ask questions and ask questions.
Mr. Gimenez: OK. So then we'd be happy to schedule meetings and we'll come see all of you
and explain our position.
Commissioner Winton: Great. We like that.
Commissioner Sanchez: I'd like to put that in a motion form, directing the --
Vice Chairman Gort: OK. What's the motion?
Commissioner Sanchez: Directing the City Manager to have the City staff sit down with the
Outdoor Advertising Review Board.
Commissioner Winton: No. That's not what Commissioner Regalado is saying.
Commissioner Sanchez: No?
Ms. Gelabert-Sanchez: No. He wants it with the Commissioners.
Commissioner Regalado: No, no. I'm talking about --
Commissioner Winton: He's saying to sit with us, with each of us.
Vice Chairman Gort: No, no. With us, and explain the differences.
Commissioner Winton: And explain the staff's position.
121 3/8/01
Vice Chairman Gort: Now, my understanding is we have two different requests. And if you
remember -- and unfortunately, Commissioner Teele is not here. That's why we also would not
like to hear discussion here today, because, Commissioner Teele, if you recall, he wanted to
create something very significant using -- what do you call those --
Ms. Gelabert-Sanchez: The Time Square?
Commissioner Winton: Time Square.
Vice Chairman Gort: Yeah. What do you call those?
Ms. Gelabert-Sanchez: The electronic signs.
Vice Chairman Gort: Right, which is what I think is being proposed, the Jumbo -- what do you
call it? Jumbo?
Ms. Gelabert-Sanchez: Jumbotrons.
Vice Chairman Gort: Jumbotron. OK. I think that's -- and those -- my understanding was in
specific locations where it does not have to do with the traffic and so on. So somehow, when
you come back, if you can have two separate items, we'd appreciate it. One, with the concern
about only in certain locations within the City where that would fit, and according to
Commissioner Teele's plan. And the other, the general advertising that wants to be done, the
billboards that want to be done. All right?
Ms. Gelabert-Sanchez: Right. We would be -- if I may. The Time Square, that kind of evolved,
and the Planning Department made a presentation to the CRA (Community Redevelopment
Agency). If you recall there was some several months ago where we -- what we were proposing
was not really to create a district or a design which would be allowed, but to create for a location,
that it would become like probably -- and not competition where we would have some sort --
similar to what Toronto. So it's different. We'd be more than happy to come back and explain
again --
Vice Chairman Gort: All right.
Ms. Gelabert-Sanchez: -- why that concept would be different than the other ones where
recommendations really go Citywide. That's why there was a difference and --
Commissioner Winton: And I really do firmly believe that the Jumbotron issue is very separate
from billboards.
Commissioner Sanchez: Right. So let's separate them. Let's separate both issues.
Commissioner Winton: Separate the two issues. Get them separated. Get them taken apart, and
deal with them separately, as I think they should be.
122 3/8/01
Commissioner Sanchez: Right. However, I think that the City should sit down with both sides
and try to come to a mutual agreement on the rules and regulations, and then come in front of
this Commission. I don't mind you sitting down with us and telling us what are the City's
concern pertaining to all this matter, but I still think that -- I think it's in the best interest of the
City to sit down with both sides and see if you could come to an agreement. If you don't, then
you need to let us know that you weren't able to come to an agreement.
Ms. Gelabert-Sanchez: I believe, Commissioner, we've done that. At this point, the
recommendations we have for all of the billboards, the Jumbotron and the murals, we have met
with the committee. Buoniconti did make a presentation, and we feel strongly that what we have
in front of you is what's our position, and we would not change from the position, because we
have had those meetings. We have heard the presentations. And Buoniconti had come -- We
will be more than --
Commissioner Sanchez: I don't even know what the City --
Ms. Gelabert-Sanchez: I just don't want to mislead and --
Commissioner Sanchez: I don't even know what the City's opposing.
Commissioner Winton: Well, that's because they haven't come around -- and that was
Commissioner Regalado --
Ms. Gelabert-Sanchez: I would be more than happy to go and present it to you.
Commissioner Winton: Excuse me.
Vice Chairman Gort: Gentlemen, gentlemen, are we going to defer this? Or we --
Commissioner Winton: No, that was Commissioner Regalado's request, was to have the staff,
Joe, come and meet with each of us, subsequent to this meeting, so that when we have the
discussion, we'll be armed with all the information, including staff's recommendations.
Vice Chairman Gort: OK. What I'd like is to make sure that all the existing signs that are out
there are in compliance with our ordinance, and those that are illegal; we need to do something
about those. OK?
Mr. Gimenez: I've directed the NET (Neighborhood Enhancement Team) to enforce the current
code.
Vice Chairman Gort: Right. OK? And we're going to hear this next --
Commissioner Winton: Next time.
Vice Chairman Gort: March the 29th
123 3/8/01
Unidentified Speaker: At what time, sir?
Vice Chairman Gort: Time certain that we'll hear in the morning, because we have a morning --
the regular agenda. In the afternoon, we have the Planning and Zoning so -- P&Z -- so we'll
have it in the morning. All right? Yes, sir.
Steve Hagan: Steve Hagan, 725 Northeast 73rd Street. I was serving on the Outdoor Advertising
Review Board. And the Commission, of course, is free to do what it wants to do in terms of
deferral. I want to remind you, though, that --
Unidentified Speaker: Excuse me, please. As the Chairperson --
Vice Chairman Gort: Excuse me. Wait a minute, wait a minute. Let me finish with him and
then we'll let you.
Mr. Hagan: I just want to remind you that two months went by before the Chairman ever called
a meeting. And then we worked -- we were having meetings every week during the month of
December. And now we're in a deferral phase.
Vice Chairman Gort: Yes, sir. Commissioner Teele is the one that feels very strongly about
that. Commissioner Teele is not here, and that's one of the reasons why we're deferring.
Mr. Hagan: OK. I'd like to request that the meeting be in the afternoon, because there are a lot
of people who want to attend this meeting, and it's impossible for people to come in the middle
of the day.
Vice Chairman Gort: We have PZ in the afternoon.
Commissioner Winton: We have a PZ time certain at five, don't we that we already set?
Vice Chairman Gort: They can start it before, but I'm getting out of here at 6:30 on that day.
And I just want you to know that, and I want to make sure I tell you way in advance. You guys
want to have it 5 o'clock; it's fine with me. I don't have any problem.
Commissioner Winton: We already have something at 5, don't we?
Vice Chairman Gort: Hmm?
Commissioner Winton: Don't we -- didn't we commit to something at 5 today?
Vice Chairman Gort: No. No, we didn't. No.
Commissioner Winton: No? I think we did.
Commissioner Regalado: Yes, we did.
124 3/8/01
Unidentified Speaker: Grove Harbor, Grove Harbor.
Commissioner Winton: Grove Harbor is already set for 5 o'clock.
Commissioner Regalado: Yeah, the Grove Harbor, 5 o'clock.
Vice Chairman Gort: Yeah, but that's P&Z.
Commissioner Winton: Still, 5 o'clock is 5 o'clock.
Vice Chairman Gort: Yeah, you're right. Yeah. I'm out of here at 6:30.
Commissioner Winton: Yeah, you'd better do it earlier. If you're going to do it at a time certain,
you'd better do it at 3:30 or something.
Vice Chairman Gort: But they want it in the afternoon, they want it in the morning?
Mr. Hagan: Well, sometime in the afternoon would be preferable.
Vice Chairman Gort: OK. First item at 3 o'clock when we come back after lunch. OK?
Mr. Hagan: Thank you.
Vice Chairman Gort: Yes, ma'am.
Bobbie Mumford: Thank you.
Vice Chairman Gort: State your name and address for the record.
Ms. Mumford: Bobbie Mumford, 10305 Northeast 2nd Avenue. And as Chair of the Outdoor
Advertising Board Review Committee, I was very concerned that individual committee members
not make a presentation at this point with the item being requested for deferral.
Vice Chairman Gort: Well, it's been deferred.
Ms. Mumford: Thank you.
Vice Chairman Gort: Thank you. OK. Motion, second. Further discussion. Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
125 3/8/01
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 01-251
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 33
(RECOMMENDATIONS FROM THE OUTDOOR ADVERTISING REVIEW
BOARD) TO THE COMMISSION MEETING CURRENTLY SCHEDULED
FOR MARCH 29, 2001 AT 3 P.M.; FURTHER DIRECTING THE CITY
MANAGER TO MEET WITH EACH MEMBER OF THE CITY COMMISSION
TO EXPLAIN THE ADMINISTRATION'S RECOMMENDATION IN
CONNECTION WITH THIS MATTER; AND FURTHER DIRECTING THE
CITY MANAGER TO ENFORCE CURRENT CITY CODE REGULATIONS
RELATED TO OUTDOOR ADVERTISING.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
126 3/8/01
Vice Chairman Gort: Financial update, budget.
Robert Nachlinger (Assistant City Manager): Thank you, Commissioner. Bob Nachlinger,
Assistant City Manager. You should have been forwarded the October, November and
December monthly financial statements for the City. If you have any questions, I'll be happy to
entertain them.
Vice Chairman Gort: Are there any questions from any of the Commissioners? Thank you, sir.
Mr. Nachlinger: Thank you.
Vice Chairman Gort: Wait a minute. You might have some questions. Thank you.
127 3/8/01
Vice Chairman Gort: Pocket items. Any pocket item? I have two pocket items.
Carlos Gimenez (City Manager): Item 31, are we going to take that up? We have some people
that are going to make some presentations.
Vice Chairman Gort: Annual report presentations. Who's here?
Bob Valledor: How you doing?
Vice Chairman Gort: Yes, sir.
Mr. Valledor: Morning, Commissioners, or good afternoon. My name is Bob Valledor. I'm
Chairman of the Nuisance Abatement Board. I live at 3324 Southwest 20th Street. My office is
at 1450 Coral Way. The Nuisance Abatement Board was created in 1991 as a quasi-judicial
forum to resolve controversies over the existence of public nuisances. More specifically, drugs,
prostitution, gambling, gang -related activities and excessive noise, or as we like to call it on the
Board, sex, drugs, rock and roll. The Nuisance Abatement Board is dutifully serving its purpose
by alleviating the public nuisances and addressing community complaints within the City of
Miami. We are the first board to have a community call-in segment, and we answer questions
that the public may have. And the staff members have also received information or tips on
different properties that have or are suspected of dealing with drugs, prostitution, gambling and
gang -related activities. We've had ten meetings in the year 2000. And of these, we've had 14
new cases. We've had some setbacks in that the Assistant City Attorneys assigned to the case,
one tragically passed away. The second one got elected as Judge. And now, we have two,
George Wysong and Nicole Cambert, which are working diligently and are bringing new cases
before us. If you ask me, I think we are fulfilling our public needs and our public duties. And I
suggest, or recommend or encourage you to keep this board inactive -- active. Thank you.
Vice Chairman Gort: Thank you, Mr. Valledor. Is there any question? I'd like to tell you, in
some of our neighborhoods, this Nuisance Abatement Board is being used by the police officers
to make sure that we close down, and we've been able to lower some of the crimes. So I want to
thank you for the work you all do as a volunteer. Is there any other questions? Thank you, sir.
What other board do we have?
Lourdes Slazyk (Assistant Director, Planning and Zoning): Lourdes Slazyk, Department of
Planning and Zoning. As the Administrator to the Urban Development Review Board and Latin
Quarter Review Board, I'll be giving just a brief presentation on each. The Urban Development
Review Board is a special review board that assists the director of Planning and Zoning by
making informed, professional recommendations on architecture, landscape and urban design
aspects of highly visible buildings and projects, principally within downtown, Brickell,
128 3/8/01
Riverside, Coconut Grove, and the Omni areas. The Urban Development Review Board is
serving current community needs by being responsive to new development, and by changing
conditions in Miami, and by making professional recommendations prior to the issuance of class
2 and major use special permits. During the year 2000, the Urban Development Review Board
met 10 times and made recommendations on 48 projects, including many major projects, which
have come before the Commission on Brickell Avenue, the Omni area, and the NAP (Network
Access Point). One of the other questions we were asked to answer in the annual report is
whether there is any other board, whether public or private which would better serve the
functions of the Urban Development Review Board. Some of you were here, but in 1994, a
study was done as to whether the Urban Development Review Board should be merged with the
HEP (Historic and Environmental Preservation) Board, Historic and Environmental Preservation,
and the conclusion of several months of looking at what each board does and the expertise of
each concluded that they should remain separate. They serve separate and integral functions.
The only recommendations we would have as how the UDRB (Urban Development Review
Board could better serve would be to take a look at the Zoning Ordinance and amend it in a way
to enable the board to review broader range of projects, and increase the scope and depth of the
reviews. Right now, sometimes, they feel they are somewhat limited by the way the ordinance --
you know, the functions that they get, and they think they could serve better by broadening the
scope. Regarding the Latin Quarter Review Board, the Latin Quarter Review Board
recommends to the Planning Director on aesthetic and architectural design, appropriateness of
any exterior modifications exceeding twenty-five thousand dollars ($25,000) in value in the
Latin Quarter area. It is responsive to community needs by meeting monthly and addressing
modifications on new construction activity in designated districts, and scenic transportation
corridors. During the year 2000, the Latin Quarter Review Board held three meetings and
reviewed the Rayos del Sol Project, and recommended to the Planning Director design
alternatives to various facade modifications within the district.
Commissioner Regalado: Excuse me, Lourdes.
Ms. Slazyk: Yes.
Commissioner Regalado: Several months ago, we discussed the possibility of changing some of
those rules to help development in that area. Anything happen?
Ms. Slazyk: I'm going to have to check on the status of that and get back to you. I don't have
that with me right now. I'll get back to you on that.
Commissioner Regalado: Because at least three or four businesses that I know were not able to
go into the area, because of some details, and columns, and size or whatever. And we discussed
here, I remember, several months ago, the need to review that.
Ms. Slazyk Yeah. I think that was in connection with the Latin Quarter Specialty Center, and
we did resolve that. There is some flexibility in the ordinance.
Commissioner Regalado: No, no, but we were addressing the whole area not --
129 3/8/01
Ms. Slazyk: Yeah.
Commissioner Regalado: -- not one, one single area.
Ms. Slazyk: Yes. I know we're working on design guides and standards, updating them, but I
don't know where we are on that. I'll report back to you, though.
Commissioner Regalado: There is a person that owns a cigar company on Southwest 1st Street
that he had a lot of trouble doing some work, because he was trying to add something to his store
to expand the store, but, you know, it was almost impossible. Remember that we discussed that,
Ana?
Ana Gelabert-Sanchez (Director, Planning & Zoning): Yeah, I recall. And on the --
Commissioner, on the urban design guidelines, we're working on them, but we're not still at all -
- I couldn't even say that I could bring them to you on the Little Havana area. We have had
many requests to the Planning Department, and I just have a certain amount of staff So I'm
trying to move on all the requests and all the things we have to do. But it's taking me a little
longer, because I -- there's many requests coming. We're working on it, but we are far from
telling you -- I couldn't tell you that they're finished.
Vice Chairman Gort: I think if you look at the individuals when they go apply for permits, I
think if you can talk to the -- wherever they pull the permit, they can tell you what's the biggest
problem in complying with the Latin Quarter Review Board. Because I know we established
that about 15, 20 years ago, to make sure -- and one of the things that I liked the most about at
that time -- and it worked -- it was the McDonald's, the changes, design to fit there. And the one
that I'm most proud of is the FP&L (Florida Power & Light) station on 17th Avenue and 6th
Street. I mean, you can't tell that there's an energy station or whatever you call that station
there. It was very well built. This is the type of things we can look at. But some of the small
business people, for them, it's very difficult to comply with some of the things. Like you know
where that little shopping center was built on 12t Avenue and 8th Street, they had to set up
columns, and because of the columns and the pass way, they lost quite a bit of rental space they
could have there. I think those are the things that we'd like to look at.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: The Latin Quarter Review Board, how come there's not a report? I
don't have one.
Ms. Slazyk That's why I'm doing them orally. The reports have not been signed by the
Chairmen of the DDRB and the Latin Quarter Review Board. The Latin Quarter Review Board
has not met yet, and that -- the next thing I was going to report on is one of the problems with the
ordinance and the Latin Quarter Review Board is that we are having trouble getting quorums.
There were only three meetings and --
130 3/8/01
Commissioner Sanchez: I was going to address that.
Ms. Slazyk: Yes. So one of the recommendations from them -- which, again, this just has to be
signed by the Chairman, but it hasn't been done yet -- is that they reduce their quorum
requirements so they could -- you know, the members that are showing up regularly can at least
try to make a difference, because the board could even make some of these suggestions on
design guides and standards, but they want to reduce their quorum.
Commissioner Sanchez: And this board was created to oversee the Latin Quarter concept in the
area?
Ms. Slazyk: Yes.
Commissioner Sanchez: And how many projects? Because I know of about three or four now
that are coming to that area.
Ms. Slazyk: Yeah. They --
Commissioner Sanchez: And many more will follow.
Ms. Slazyk: Yeah. The only --
Commissioner Sanchez: So they meet, they sit down and the review the plans so they fall under
the Latin Quarter guidelines, correct?
Ms. Slazyk: Guides and standards, yes.
Commissioner Sanchez: Well, let me ask you something. What happens -- like Rayo --
Ms. Slazyk: Rayos del Sol.
Commissioner Sanchez: Rayo del Sol, they met with them.
Ms. Slazyk: Yes.
Commissioner Sanchez: And they had to like get people, call people on the phone to get there to
have a quorum.
Ms. Slazyk That's why they want to reduce the quorum requirements, which we did for the
DDRB, and it worked. It worked.
Vice Chairman Gort: Bring a resolution.
Ms. Slazyk Yeah. That was the report. That's what they want to do, and we're going to follow
up on that. You know, the only projects that go to the Latin Quarter Review Board are projects
that are over twenty-five thousand dollars ($25,000). So if somebody is doing a sign and
131 3/8/01
painting, you know, simple things, we take care of those administratively through the class 2 and
a certificate of compliance in lieu of class 2 process. It's the bigger projects that go to the Latin
Quarter Review Board. That was also done in an effort to expedite, you know, individual
requests in the Latin Quarter.
Commissioner Sanchez: But here's the concern that I have: We're starting to see projects
coming in at a rapid rate. And what I do have a problem with is the people that are putting up
these developments coming over and not having the board review their plans. And once again, it
becomes an inconvenience for someone who we're luring in for development. So that's -- you
know, we want to be -- we want to simplify the process and make it easy and friendlier for them.
Ms. Slazyk: Yeah. The major projects should go to the board, and the small ones will be
expedited. And we'll reduce the quorum requirements, see if we can make sure people aren't
delayed for no quorum.
Vice Chairman Gort: OK.
Ms. Slazyk: OK.
Vice Chairman Gort: Any other questions? Thank you. Off -Street Parking.
Carlos Gimenez (City Manager): We'll let the Audit Advisory --
Vice Chairman Gort: The Audit -- OK, yes.
Monica Fernandez: My name is Monica Fernandez. I reside at 80 Southwest 17th Road, and I'm
employed by Kane, Hoffman and Danner at 1101 Brickell Avenue. I'm the Chairperson of the
Audit Advisory Board. And the board is comprised of five members from the accounting
profession that are appointed by the Commission. And presently, all members are CPA's
(certified public accountants). The board was created to serve and assist the Mayor, City
Commission, and City Manager in fulfilling their fiduciary responsibilities relating to
accounting, auditing and financial reporting matters of the City. Our duties include reviewing
the annual audit and management letter issued by the independent auditors. We review the
system of internal control utilized by the City. We review the City's compliance with Gatsby
guidelines and requirements. We also review the internal audit reports prepared by the Office of
Internal Audit. And if requested by the City Commission, we review the recommendation for
selection of an independent auditor. During the period in which the members were appointed,
the committee has met, with few exception -- monthly, with few exceptions. We've also met
with KPMG (Klynveld, Peat, Marwick, Goerdeler), where they presented the annual audit and
the management letter for the fiscal year ended 9/30/99. As part of our ongoing process of
reviewing the internal controls of the City, we again met with KPMG to gain an understanding of
the internal control environment throughout the different departments and functions of the City.
We have also attempted to gather internal control related policies and procedures from the City
department directors. We are still in the process of gathering this information, and are working
on determining the status of the internal control environment within the City. Throughout the
year, we have discussed several reports prepared by the Office of the Internal Audit, and have
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identified certain audits that the committee has selected to receive updates on the status of the
findings. More recently, we have also met with Ernst and Young and the Assistant City Manager
for the City's plans for their implementation of Gatsby 34. The board is currently meeting its
objectives as provided by the City Code and meeting a need for the community as financial
oversight. And on behalf of its members, we'd like to thank you for appointing us and having
the opportunity to serve.
Vice Chairman Gort: No, we'd like to thank you, because all the work you all do is volunteer,
and it's very helpful. I get every month your report of the minutes of your meetings. And on
behalf of the Commission and the Mayor, we'd like to thank you for the work you do.
Ms. Fernandez: Thank you.
Vice Chairman Gort: Thank you. Any other questions?
Commissioner Sanchez: Mr. Chairman, I do. You did review the KPMG report?
Ms. Fernandez: Yes.
Commissioner Sanchez: And did you see what was -- what was your -- What was the
recommendation of the Audit Advisory Committee in that report? Was everything fine? Did
you --
Ms. Fernandez: Everything, to our knowledge, was fine. We also reviewed the management
letter and we try to follow up with KPMG on the management, on the -- you know, on the items
within the management letter.
Commissioner Sanchez: I also see here that you would like to see a more consistent partnership
between your board and the City of Miami Finance Office. You would like to work more closely
together with them?
Ms. Fernandez: Well, we -- the reason we mentioned that in the report is that we haven't had
consistent participation by that department within our meetings. And it's sometimes pretty
crucial to have the financial -- you know, the finance information in order for us to, you know, to
make decisions.
Commissioner Sanchez: Did you provide an annual report to the City Manager as provided by
the City Code?
Ms. Fernandez: Yes, I did.
Commissioner Sanchez: Is it attached to this? Mr. City Manager, the annual report by the Audit
Advisory Committee, do you have a copy of it? But it's not attached. It's not in here, is it?
Mr. Gimenez: Yes, sir, it's in my backup. It's the first one. The annual report for -- the report
to me, it's here, yes.
133 3/8/01
Commissioner Sanchez: OK. This, the report that I have, these are only the recommendations
that you're making?
Ms. Fernandez: No.
Commissioner Sanchez: Based on this report, have you -- I mean, have you made other
recommendations that you should be making as pertaining to the report?
Ms. Fernandez: Yes.
Commissioner Sanchez: These are the recommendations you're making? This is your report?
Ms. Fernandez: No. The report is basically to -- to describe to you what we've been doing
throughout the year, and to see if we've been meeting our objectives as described in the Charter.
And that's -- We have not had any formal recommendations before the Commission, though.
Marva Wiley (Special Assistant to the City Manager): Might I try to address that?
Ms. Fernandez: OK.
Ms. Wiley: Marva Wiley, Special Assistant to the City Manager. I think part of what the gap in
communication may be here is most of the recommendations that the Audit Advisory Committee
makes are to Internal Audit, or they're working more on an administrative front. So when there
is a change to the ordinance that's required, that's when it comes before you. Issues like you saw
with the --
Commissioner Sanchez: Marva, that's fine, and I understand this. But let me tell you
something. They are an added filtering source to the City of Miami. And although they are
residents of the City of Miami, and they are the ones that we have appointed to make sure that
everything runs great, I would like to see a more extensive report of the City of Miami. I mean,
this is a two-page report, which is fine. It's on a volunteer basis. These are professional people.
In order to put somebody there, they have to have an accounting background and certain criteria
that they have to meet. But I -- it's just another layer of protective -- whatever you want to say --
to make sure that the process in the City of Miami runs well. I would like to see a more thorough
report. Basically, you know, I -- to say that everything was fine in the KPMG.
Ms. Wiley: I just want to remind you that the scope of the request --
Commissioner Sanchez: To make a recommendation that they would like to work more closely
with the Director of Finance of the City of Miami.
Ms. Wiley: I understand what you're saying, Commissioner, and I'm certain that we can ask the
board to do that in the future. But the scope of this current report, the structure of the annual
report is to address certain specific questions, and that's what the board did. So I just don't want
134 3/8/01
you to have an expectation that not consistent with the request that was made to them. So for the
future, we can definitely bring that in.
Commissioner Sanchez: No. I -- not at all. I would just like a more extensive report of looking
at the expenses of the City of Miami, and the audit report, and come back with some
recommendations, whether they like it or not. But you should make recommendations to this
Commission, because that's what you're there for. And one of the things that I'm concerned
with is that you're asking to have, I think, a better participation with our Audit Department.
Ms. Fernandez: No, not Audit.
Commissioner Sanchez: The Finance, Finance. Sorry. You're the Audit.
Ms. Fernandez: Right.
Vice Chairman Gort: My understanding is they need, in order to make the decisions and
recommendations to us, they need more information from the Finance Department. And we just
have to make sure that whatever information this board requested from the Finance Department
that should be given to them and the assistance should be given to them. Thank you, ma'am.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: Appreciate it. Off -Street Parking.
Commissioner Regalado: Yes. Can I --
Vice Chairman Gort: I'm sorry.
Commissioner Regalado: Question for the Chairperson.
Vice Chairman Gort: Madam Chairperson, we have a question for you.
Ms. Fernandez: Oh, sorry.
Commissioner Regalado: I'd really like to thank you and your committee for the work that you
have done in the long distance phone calls issue, the contract. You recommended that we all
voted no on any settlement with the company. Could you tell us some of the reasons?
Ms. Fernandez: Well, this came about as part of our review of the audit report that the Internal
Audit Department put out. And what we were recommending in our letters to you was not so
much as the settlement, but in the way that the settlement was proposed. MCI has proposed to
give you a credit towards future services against future long-distance bills. And we --
Commissioner Regalado: But with the same price.
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Ms. Fernandez: For a hundred and ninety-four thousand. And we felt that the City should have
a check in hand versus a credit towards future services for something that the City doesn't even
have a contract on right now.
Commissioner Regalado: But the worst thing is that they want to give us the credit at 31 cents
per minute.
Ms. Fernandez: At 31 cents a minute, exactly.
Commissioner Regalado: And we could get a better deal if we were to hire another company.
Ms. Fernandez: Yes. Yes.
Mr. Gimenez: I agree.
Vice Chairman Gort: So we are following that advice?
Mr. Gimenez: Yes.
Vice Chairman Gort: OK.
Mr. Gimenez: We're going to try to follow that advice, and I've got to get that worked out. I
was made aware of this a couple days ago by our Internal Auditor that that's where it was going.
And I agree with him that that's not the way we should be going. If we do accept the credit, it
should be at the market rate, which is -- I don't know -- five, seven cents a minute, not 31 cents a
minute.
Commissioner Regalado: And, well, I guess -- but we were supposed to have this in the agenda
in the last meeting. It was pulled by the City Attorney, I think it was. No? No, it wasn't? Well,
if -- I guess it's important that we don't have a contract with these people. They owe us six
hundred thousand dollars ($600,000), more or less, on overpayment. And they want to charge
now 31 cents for what they want to pay us. So they want to milk the City twice.
Victor Igwe (Director, Internal Audit): Not six hundred thousand but -- This is Victor Igwe,
Internal Audit. They owe us approximately four hundred thousand.
Vice Chairman Gort: OK. But that's a lot of money. That's still a lot of money.
Mr. Igwe: It is.
Vice Chairman Gort: And I think we should go and collect it.
Alejandro Vilarello (City Attorney): Commissioner, with regard --
Vice Chairman Gort: Yes.
136 3/8/01
Mr. Vilarello: With regard to any settlement, an assistant of mine and an assistant of the
Manager have worked through a preliminary agreement. It has not yet come to me for a
recommendation to either the Manager or to the City Commission. We are in the process of
doing -- I believe Dr. Igwe is correctly stating the general terms of that agreement, but at this
point, I have not made a recommendation to the Manager or to the City Commission.
Vice Chairman Gort: In other words, we're still negotiating with them, and you have to come
back with us when you have some kind of formal agreement.
Commissioner Regalado: No, I just was giving you a sense that I'm going to fight that, because,
I mean, it's an abuse. So, I mean, like don't even think about bringing the 31 cents here. But,
you know, since --
Commissioner Winton: But a check would be nice, huh?
Commissioner Regalado: Huh?
Commissioner Winton: A check.
Commissioner Regalado: But not only that, not only that. We, I mean, can't blame the new
Manager. But the new Manager is now the old Manager. He's been here -- but we don't have --
Vice Chairman Gort: Three weeks on the job.
Commissioner Regalado: But we don't have a contract. I mean, the only thing we did, the only
thing we did with the phone business is that we finally have these codes that if you call Cuba,
you know, they'll know that you did. So that's the only thing that we did -- police work. But
financially, I mean, we are worse than we were before.
Vice Chairman Gort: I believe the message is there. We have to go after them.
Commissioner Regalado: And I tell you, and I tell you, since I was deposed on some case for
three consecutive days from morning to night, I read everything that she sends and everything
that he sends. So I really appreciate what you did with the MCI Company. Very bad publicity
for MCI if they want to milk the City of Miami.
Vice Chairman Gort: Thank you.
Mr. Igwe: Thank you, sir.
Vice Chairman Gort: Mr. Noriega.
Art Noriega (Executive Director, Off -Street Parking): Good afternoon. Art Noriega, Executive
Director, Department of Off -Street Parking. First, I want to apologize. My board Chair, Mr. Art
Hertz, was unable to make the meeting, so I'm going to give the report on his behalf. The Off -
Street Parking Board was created in 1955. In fact, we celebrated our 45th anniversary last year.
137 3/8/01
It was created by the Florida Legislature and Charter subsequent to that through City ordinance.
In 1999/2000, the department provided the City with two million, five hundred and eighteen
thousand, two hundred and eighty-five dollars ($2,518,285) as a second payment of a five-year
commitment to provide the City with all of its excess revenues. In addition to that, the City
received over two million, a hundred and eighty-five thousand in parking citation revenue, as
well as another million, two hundred and thirty-five thousand dollars ($1,235,000) from the
operation of the Knight Center Garage. In total, the department was responsible through its
parking and enforcement operations of almost six million dollars ($6,000,000) in revenue to the
City of Miami. In November or towards the end of the last quarter of last year, we also
completed the Oak Avenue Parking Plaza in Coconut Grove, which has to this point been a
surprise in terms of significant improvement in revenue since we opened it. It has been a
valuable resource, I think, to the Coconut Grove Business District. The agency increased last
year, through an increase in substantial effort on our parking enforcement department, we
showed a 46 percent increase in citations issued, and a 53 percent increase in revenue to the City
through parking fines. We continue to increase our meter installation efforts throughout the City,
especially in areas that are growing through the retail operations to provide continued on -street
inventory. And this particular -- our Parking Board continues to provide the service that it was
intended and created to do. And we request that it remain in place, intact, in its current existing
format.
Vice Chairman Gort: Any questions?
Commissioner Regalado: I got a question. Art, you know that soon, FDOT (Florida Department
of Transportation) and WASA (Water and Sewer Authority) are going to start doing some major
repair in the Coral Way Corridor. Any -- have you spoken to the board members about any
action, or can you take any action in order to mitigate some of the problems that they have
during the weekend?
Mr. Noriega: Well, we've met with both WASA and FDOT, with the project manager for
FDOT, and we've been updated on the current schedule. We're in the process now of doing off-
street in terms of side -street measurements to provide temporary parking. We are aware that the
improvements, the road improvements are, in essence, cosmetic in nature. They're not going to
really do a substantial amount of repair to the curb and gutter as well as in terms of on -street.
But we are prepared, as the project moves forward in phases, to accommodate parking on the
subsequent side streets, and that will be through the installation of additional meters that can be
put in place temporarily. That plan -- our full plan for overcoming that project, in a sense, and to
accommodate the businesses along the street will actually be in place and I'll have it available
for presentation, should the Commission request, or you, specifically, Commissioner Regalado,
within 30 days.
Commissioner Regalado: No, but I'm talking also about enforcement, especially on the
weekends, as a sort of a mitigation to the hardship that the businesspeople are going to endure.
Mr. Noriega: Yeah. That's not a problem at all. I mean, we currently have in place a seven-day
enforcement operation. And we, on a number of occasions where we have encountered
138 3/8/01
situations like that, have, in essence, backed off of our existing enforcement operation to some
extent in certain areas to accommodate that. That wouldn't be a problem at all.
Commissioner Regalado: Thank you.
Vice Chairman Gort: OK. Thank you, sir.
139 3/8/01
Vice Chairman Gort: Pocket items.
Commissioner Winton: Mr. Chairman, I would just like to -- We're in the process of redoing
Margaret Pace Park, and I think you all heard at the last CRA (Community Redevelopment
Agency) Board meeting the -- with construction costs up -- When they went out to bid Phase 1-
A and 1-B, the costs were greater than they anticipated. So they're trying to figure out a way to
cut 1-A and 1-B up separately. And what I would like -- I was thinking about this issue -- would
like to ask the Manager if he can go back and look at impact fees that have been paid in the, you
know, Downtown/Omni area, and at the storm water utility fund fees that have been generated,
and see if we can find money through one of those two sources, which are essentially the same
kind of neighborhood sources of revenues that could allow us to do Phase 1-A and B together,
instead of separating them out.
Carlos Gimenez (City Manager): Yes, sir. You know how much more they need?
Commissioner Winton: I'll get you the number. I think that the number is something in the
neighborhood of --
Vice Chairman Gort: 1.2.
Commissioner Winton: No. The incremental number is three hundred and --
Dipak Parekh (Executive Director, CRA): Around three hundred thousand dollars ($300,000)
plus.
Mr. Gimenez: To complete "A" and `B"?
Mr. Parekh: Phase 1-A and 1-B.
Commissioner Winton: Dipak, could you get him an exact number so that he -- or at least
subsequent to this meeting?
Mr. Parekh: Yes, I will.
Commissioner Winton: Thank you.
Vice Chairman Gort: Who are you?
Mr. Parekh: Sorry. Dipak Parekh, Executive Director of Miami CRA.
Vice Chairman Gort: Thank you.
140 3/8/01
Commissioner Winton: thank you.
Mr. Gimenez: Would you like us to look at other additional sources if these don't come up to
three hundred thousand or so?
Commissioner Winton: Well, I wouldn't mind. But I don't want to -- The reason that I had no
problem asking for this, kind of out of a typical circle of reviewing all projects equally, is
because these are really revenues that are generated within that area. And so that's what I was
trying to focus on. If you have to look elsewhere, do. But I'm not sure I want to get into the deal
of , you know, "He who speaks first gets." I don't like that approach. I'd rather there be an
equal, level playing field for projects.
Mr. Gimenez: I think we may have it. I just -- our Budget Director is saying we have it. We
have it in those sources. So.
Commissioner Winton: Thank you. OK. Thanks.
Vice Chairman Gort: Thank you.
141 3/8/01
Vice Chairman Gort: Any other ones? I have one. If you all recall, about a year ago we
requested, and it was approved by this Commission, the renaming of the three blocks of
Southwest 12th Avenue and Coral Way heading north as Lourdes Aguilar, who was a founder of
the League Against Cancer, who died of cancer. The problem that I have is, the County is
willing to waive the fee that they have, and they are the ones that make the signs and put the
signs up, but the City has a fee of seven hundred dollars ($700) and we don't even know what
it's for because the City does not really does anything. So, I'd like to ask for a waiver of the
City's charge.
Commissioner Regalado: But this is not in Coral Way.
Vice Chairman Gort: No, no. It's north of Coral Way, 12th Avenue.
Commissioner Sanchez: What are we talking about?
Commissioner Regalado: Seven hundred dollars ($700).
Carlos Gimenez (City Manager): (Inaudible) seven hundred dollars ($700).
Vice Chairman Gort: The waiver of fees, which we don't know why we're charged that because
there's no cost to the City of Miami to do anything.
Commissioner Regalado: The County does the signs.
Vice Chairman Gort: The County is the one that does the signs and puts the signs up and so
forth.
Commissioner Sanchez: Did you make the motion?
Commissioner Regalado: Yeah.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state by saying
aye.
The Commission (Collectively): "Aye."
142 3/8/01
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 01-252
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE
DEPOSIT AND APPLICATION FEE, IN THE TOTAL AMOUNT OF $700,
REQUIRED PURSUANT TO SECTIONS 54-138 AND 54-139 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE STREET
CODESIGNATION TO HONOR LOURDES AGUILAR.
(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 Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
143 3/8/01
Vice Chairman Gort: Motion to adjourn.
Commissioner Regalado: One, one question.
Vice Chairman Gort: Go ahead.
Commissioner Regalado: I have one question. The day before yesterday, we got something
from the Manager on the Intermodal Center. We -- I keep saying we should bring Jose Abreu in
here. Don't bring it on the 29th, I mean, because everything will be on the 29th. But I'm telling
you, a lot of people will be impacted, and we need to do something to relocate those people in
the City of Miami. These people are going to move to the County area, south of -- I mean north
of 836. And if we don't do something, all these businesses are going to move from the City of
Miami.
Dena Bianchino (Assistant City Manager): Commissioner, you're absolutely right. And we've
already begun working with the businesses. The Flagami NET (Neighborhood Enhancement
Team) is out talking to all of them now. We're working with relocation consultants, and we may
be coming back to you with some proposals for incentives, to make sure these businesses stay in
the City.
Commissioner Regalado: And I mean, sometime in April, Mr. Abreu --
Carlos Gimenez (City Manager): Yes, sir. The reason we pulled that item was so that you could
hear Mr. Abreu before you heard the item. So if you want it back -- you want it in the first
meeting in April for him to make a presentation?
Commissioner Regalado: Yeah. Yeah. I think you should. And please inform him that maybe
he can give us a brief report on the Coral Way Corridor, because it's going to impact a lot of
people, especially traffic, in the next twelve months.
Mr. Gimenez: Yes, sir.
Commissioner Sanchez: Also, just for my point of clarification. The assistance to relocate some
of the businesses, that is paid by the state, correct?
Ms. Bianchino: There is --
Commissioner Regalado: Federal government.
Ms. Bianchino: There is --
Commissioner Regalado: Federal government.
144 3/8/01
Commissioner Sanchez: The federal government?
Ms. Bianchino: I can't tell you --
Commissioner Sanchez: Who picks up the tab for that?
Commissioner Regalado: The federal government. That's a federal project.
Ms. Bianchino: Do you know?
Unidentified Speaker: What, the relocation?
Ms. Bianchino: Yes.
Unidentified Speaker: The state.
Ms. Bianchino: It's the state.
Commissioner Sanchez: It's the state. I believe it's the state that pays for the -- OK.
Ms. Bianchino: But it's not a lot of money.
Commissioner Sanchez: No, it's not a lot of money. I just want to make sure we don't pay for
it.
Ms. Bianchino: No, we're not.
Vice Chairman Gort: OK. Thank you.
145 3/8/01
Vice Chairman Gort: Before we adjourn, Chief (unintelligible), you're welcome to be back in
the City of Miami. It's a pleasure to have you with us again. Do I have a motion to adjourn?
Commissioner Sanchez: Motion.
Vice Chairman Gort: OK. Have a good one.
Commissioner Regalado: On -- just a question. Next Thursday, we have the meeting in the
Artime?
Vice Chairman Gort: At 2 o'clock at the Artime.
Commissioner Regalado: So we are supposed to get the report on the --
Vice Chairman Gort: On the 12th is my understanding.
Commissioner Regalado: On the 12th9
Carlos Gimenez (City Manager): Yes, sir. We're still on target to give you a report on the 12th
Vice Chairman Gort: On Monday.
Commissioner Regalado: On the 12th. Are we going to do a live thing from the Artime, or are
we going to tape -delay?
Mr. Gimenez: Yes, sir. It looks like we'll be able to give you a live feed from the Artime
Center.
Commissioner Regalado: Are you going to have a translator available? Translator.
Mr. Gimenez: If you wish, we can have a translator there, yes, sir.
Commissioner Regalado: I mean, is it going to be open to the public for the people to speak?
Vice Chairman Gort: I believe it's a public hearing. That's why we're having it over there.
Mr. Gimenez: Yes, sir, we'll have the appropriate translators there for that purpose.
Vice Chairman Gort: OK. Any further business? Thank you. Have a good one.
146 3/8/01
There being no further business to come before the City Commission, the meeting was adjourned
at 4:46 p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT,
Vice Chairman
(SEAL)
147 3/8/01