HomeMy WebLinkAboutCC 2001-03-29 MinutesCITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON MARCH 29, 2001
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/ City Clerk
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 291h 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 9:33 a.m. by Vice Chairman Wifredo Gort, with the
following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
Commissioner Johnny L. Winton (District 2)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
An invocation was delivered by Commissioner Sanchez, followed by Commissioner
Regalado leading those present in a pledge of allegiance to the flag.
March 29, 2001
Vice Chairman Gort: Guys, you want to check with Commissioner Teele's office. We
have a few proclamations today.
Vice Chairman Gort: Commissioner Sanchez, the floor is yours.
Note for the Record: Commissioner Teele entered the Commission chamber at 9:41 a.m.
2 March 29, 2001
Vice Chairman Gort: First order of business, my understanding is, Mr. Clerk, we did not
receive any vetoes from the Mayor's office?
Walter Foeman (City Clerk): That is correct.
Note for the Record: No vetoes from the Mayor's Office.
Vice Chairman Gort: OK. Before we begin the agenda, Chief, I understand you want to
make an introduction?
Raul Martinez (Chief of Police): Yes, Commissioner. Thank you very much. Raul
Martinez, Chief of Police. I would like the pleasure of introducing to you the new
Assistant Chief that Miami Police Department hired. He began full-time this week. We
conducted a national search for the position of Assistant Chief of Investigations after the
Assistant Chief we had left and went to work for Broward County. We had
approximately 60 applicants, internal, external applied for this job. We put together an
interview panel of retirees and other people in law enforcement to make a
recommendation to me, after we paired down from 60 to 10. After myself interviewing
the last four finalists, I made the selection of James Chambliss. James Chambliss is here
with us today. James Chambliss has over 27 years of law enforcement; two years as a
police officer in Chesapeake, Virginia; four years as a police officer in Tampa; the last 23
with the Florida Department of Law Enforcement. When I stole him away from the
FDLE (Federal Department of Law Enforcement), he was the Chief of Investigations for
FDLE. He's got impeccable background; extensive investigative experience; he's got a
bachelor's degree from the University of South Florida. So, I'd like to introduce to you
James Chambliss, the new Assistant Chief of Police. Jim.
(APPLAUSE)
James Chambliss: Thank you, Chief. I just want to say that it is an honor to wear this
uniform and represent the City of Miami and City of Miami Police Department. Since
1982 I've had the opportunity to work very closely with the men and women of the City
of Miami Police Department. As a member of this Police Department, I just look
forward to the opportunity to continue that good work with the fine men and women and
I continue to serve the people in this community. It's an honor to have the opportunity to
meet you. I'm sure that we'll be working together in the future. Thanks.
(APPLAUSE)
3 March 29, 2001
Vice Chairman Gort: Consent agenda. Is any one item in consent agenda would like to
be pulled by any of the Commissioners? Any one would like to -- any one item on the
consent agenda? What's this? OK. Any one in the public would like to address any
particular item in the consent agenda? Yes, sir.
Albio Castillo: Good morning, gentlemen. My name is Albio Castillo. I live in 2386
Southwest 5th Street. I don't know if this is in the agenda or not, but to streamline some
committees. Is that on the agenda?
Vice Chairman Gort: No. This is the consent agenda.
Mr. Castillo: OK. Can I have citizens pocket item for two minutes or one minute?
Vice Chairman Gort: No, sir. I'm sorry.
Mr. Castillo: OK. Thank you.
Vice Chairman Gort: Thank you. OK. Do I have a motion for the consent agenda?
Commissioner Sanchez: So moved, Mr. Chair.
Vice Chairman Gort: It's been moved. Is there a second?
Carlos Gimenez (City Manager): Mr. Chairman, I'd like to put something on the record
on CA -12, which is a piece of 1200 square feet in the Overtown Shopping Center. This
item went to Overtown Advisory Board for their consideration, and they recommended
against it. Basically, what they wanted was some kind of retail establishment, instead of
a construction office. However, we feel that that site is has been vacant for some time.
This is (inaudible) to go in there and finish out this business or execute the (inaudible).
Commissioner Sanchez: This is on a month to month?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Is this -- I thought this was a construction. Is this a construction or
a retail office that they're going to use?
Mr. Gimenez: It's not retail. It's a construction office.
Lori Billberry (Director, Asset Management): It's a construction office. Also, they do
have tin ants that go and pay their rent there. So, there will be about 250 people that
they'll be bringing to the shopping center. Also, this is temporary while they're doing
4 March 29, 2001
their construction in their other locations, and it's only needed for approximately one
year.
Commissioner Winton: On a month-to-month basis?
Ms. Billberry: Yes.
Commissioner Winton: So, if you've got a good retail tenant, you could move them out?
Ms. Billberry: That's correct.
Commissioner Winton: OK.
Vice Chairman Gort: Any further discussion? Being none, there is a motion and a
second. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT
AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO
CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE
SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT
REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION.
Thereupon 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
5 March 29, 2001
RESOLUTION NO. 01-258
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SOUTHERN LABORATORY FOR THE
PROCUREMENT OF FIREFIGHTER PROTECTIVE CLOTHING
REPAIR SERVICE FOR THE DEPARTMENT OF FIRE -RESCUE, ON
AN AS -NEEDED BASIS, FOR A PERIOD OF ONE YEAR WITH THE
OPTION TO RENEW FOR TWO ADDITIONAL ONE YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $10,000;
ALLOCATING FUNDS FROM ACCOUNT CODE NO.
001000.280701.6.670.
RESOLUTION NO. 01-259
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF LUCAS TECH, INC., FOR THE PROCUREMENT OF
FIVE (5) PORTABLE ELECTRIC GENERATORS FOR THE
DEPARTMENT OF FIRE -RESCUE, ON A CONTRACT BASIS, IN AN
AMOUNT NOT TO EXCEED $5,400; ALLOCATING FUNDS FROM
ACCOUNT CODE NO. 313304.289401.6.850.
RESOLUTION NO. 01-260
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF ADVANCE POLICE AND FIRE SUPPLIES FOR THE
PROCUREMENT OF FORTY (40) BARRELS FOR M-16 RIFLES FOR
THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO
EXCEED $8,904.40; ALLOCATING FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING."
6 March 29, 2001
RESOLUTION NO. 01-261
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF THOMAS MAINTENANCE SERVICE, INC. FOR THE
PROJECT ENTITLED "MORNINGSIDE STREET BARRIERS
PROJECT, B-4629" IN THE PROPOSED AMOUNT OF $26,735.80;
ALLOCATING FUNDS FROM PROJECT NO. 341170 AS
APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS
AMENDED, IN THE AMOUNT OF $26,735.80 FOR THE CONTRACT
COSTS AND $2,984.20 FOR EXPENSES, FOR A TOTAL
ESTIMATED COST OF $29,720; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT; IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
RESOLUTION NO. 01-262
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SAFETY EQUIPMENT COMPANY, FOR THE
PROCUREMENT OF SIX (6) RAMFAN MODEL GF -165
VENTILATION FANS AND THREE (3) RAMFAN MODEL GR -240
VENTILATION FANS FOR THE DEPARTMENT OF FIRE -RESCUE,
IN AN AMOUNT NOT TO EXCEED $13,643.64; ALLOCATING
FUNDS FROM ACCOUNT CODE NO. 313304.289401.6.850, AS
FUNDED BY THE FIRE ASSESSMENT FEE.
7 March 29, 2001
RESOLUTION NO. 0l -263
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF HARRISON UNIFORM, FOR THE PROCUREMENT OF
UNIFORM CLOTHING FOR THE DEPARTMENT OF FIRE -RESCUE
URBAN SEARCH AND RESCUE TEAM ("USAR"), IN AN ANNUAL
AMOUNT NOT TO EXCEED $7,000, ON A CONTRACT BASIS, FOR
ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
FROM THE FEMA/USAR GRANT AWARD, ACCOUNT CODE NO.
110091.280907.6.840.
RESOLUTION NO. 01-264
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF BACKBOARDS FROM FROMETA WOOD
WORKS, INC. FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN
AS NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. I136431 -1/01 -OTR -SW, EFFECTIVE
THROUGH FEBRUARY 28, 2001, AND SUBJECT TO EXTENSIONS
THERETO, IN AN ANNUAL AMOUNT NOT TO EXCEED $6,000;
ALLOCATING FUNDS FROM ACCOUNT CODE NO.
001000.280601.6.850.
8 March 29, 2001
RESOLUTION NO. 01-265
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF SIXTEEN (16) 4 -BATTERY PULSE
ANALYZERS, FIFTY-FIVE (55) SINGLE BATTERY CONDITIONING
CHARGERS, AND FIFTY-FIVE (55) STAY—PUT MOUNTING
BRACKET KITS FROM ADVANCETEC, INDUSTRIES, INC. FOR
THE DEPARTMENT OF FIRE -RESCUE, UNDER EXISTING STATE
OF FLORIDA SNAPS II CONTRACT NO. 4502082-1, EFFECTIVE
THROUGH JULY 2, 2001, AND ANY EXTENSIONS THERETO, IN
AN AMOUNT NOT TO EXCEED $13,814.75; ALLOCATING FUNDS
FROM ACCOUNT CODE NO. 001000.280401.6.850.
RESOLUTION NO. 01-266
A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING
THE CONTRACT WITH DYNAMIC SOLUTIONS INTERNATIONAL
FOR THE ACQUISITION OF HARDWARE MAINTENANCE AND
RENEWAL OF THE SOFTWARE LICENSE FOR THE UNIGATE
SYSTEM FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT
NOT TO EXCEED $2,500, FROM $10,000 TO $12,500 ANNUALLY;
ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.670.
9 March 29, 2001
RESOLUTION NO. 01-267
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF ENVIRONMENTAL SITE ASSESSMENT
SERVICES FOR THE MIAMI RIVER BROWNFIELDS
REDEVELOPMENT PROJECT FOR THE DEPARTMENT OF REAL
ESTATE AND ECONOMIC DEVELOPMENT FROM EVANS
ENVIRONMENTAL AND GEOLOGICAL SCIENCE AND
MANAGEMENT, INC., UNDER EXISTING STATE OF FLORIDA
SNAPS II CONTRACT NO. 9731896-1, EFFECTIVE THROUGH MAY
1, 2001, AND SUBJECT TO ANY EXTENSIONS, IN AN AMOUNT
NOT TO EXCEED $120,000; ALLOCATING FUNDS FROM THE
SPECIAL REVENUE FUND ENTITLED "MIAMI RIVER
BROWNFIELDS FUND," ACCOUNT CODE NO.
110012.500001.6.240; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
RESOLUTION NO. 01-268
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TIM
GILLETTE AND ASSOCIATES, TO PROVIDE TRAINING SERVICES
FOR THE POLICE SERGEANTS EXAM, FOR A PERIOD OF ONE
YEAR, IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING
FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NO. 690003, SUCH EXPENDITURE HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE
10 March 29, 2001
RESOLUTION NO. 01-269
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 NEW ARENA SQUARE NORTH & SOUTH, LTD.
("LICENSEE") FOR THE USE OF APPROXIMATELY 1,167 SQUARE
FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER
LOCATED AT 1490 NORTHWEST 3' AVENUE, SPACE 110,
MIAMI, FLORIDA FOR ADMINISTRATIVE OFFICES ON A
MONTH-TO-MONTH BASIS, WITH LICENSEE PAYING $6.50 PER
SQUARE FOOT TO THE CITY OF MIAMI, EQUALING $632.13
MONTHLY PLUS STATE USE TAX, IF APPLICABLE, WITH TERMS
AND CONDITIONS SET FORTH IN THE AGREEMENT.
RESOLUTION NO. 01-270
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SOLO PRINTING, INC. FOR THE ACQUISITION
OF PRINTING SERVICES FOR THE 1999-2000 CITY OF MIAMI
DEPARTMENT OF POLICE ANNUAL REPORT, FOR A PERIOD OF
ONE (1) YEAR, IN AN AMOUNT NOT TO EXCEED $13,045;
ALLOCATING FUNDS FROM THE SPECIAL REVENUE
PARTNERSHIP FUND, ACCOUNT CODE NO. 142010.290479.6.680
Commissioner Teele: Mr. Chairman, on Item Number 12, now that it's passed. Let me
go on record as saying, particularly my colleagues, that this City owned shopping center
is a major problem. It's a problem that predates virtually everybody here. It goes back to
the '80s. We've got a tenant in there that has about two thirds of the building that's
paying effectively 60 -- correct me if I'm wrong, Madam Director -- about sixty-five
11 March 29, 2001
cents ($0.65) a square foot? This establishes a six dollar and fifty cent ($6.50) a square
foot. The problem that I have with this is -- this is in the heart of the African American
community and in the hearts of an Empowerment Zone and in the hearts of the highest
unemployment census track in the County, one of the highest in the City. And what I
don't want to hear from my colleagues is, we've got to treat everybody equally because
we don't treat everybody equally. And it's never been our job to treat everybody equally.
It's our job to treat equal circumstances the same way. What I want to say is, is that I am
not going to support charging people that are coming off of assistance, unemployment.
I'm not going to support charging them any more than we're charging the anchor tenant
and there are some reasonable -- from the sixty-five cents ($0.65). In other words, I'm
not going to support taking somebody who is on welfare and we're putting them on
welfare to work trying to help them set up a hamburger shop or whatever and we're going
to charge them six fifty and we're charging somebody else sixty-five cents ($0.65), and
that's my problem. That's been my problem with this. I recommended repeatedly. I'll
say it again. The City should sell or try to find a buyer for this building, and I believe
that consistent with everything we're doing in the redevelopment authority, we should not
be in the business of owning land because we -- our business is collecting taxes and fees,
and any time you own land, you're working against your core business in government.
So, I just want to be on record -- I'm not opposed to this transaction. I understand the
necessity of this transaction and they are relocating their rent collection office from
within the redevelopment authority to this location, which is outside of the
redevelopment authority. But my rule would be the same in the redevelopment authority.
We need to try to sell land that we zone and sell properties that don't have a purely
governmental municipal, charitable or otherwise not for profit purpose, and a shopping
center is a classic example, to me, of something that we ought to try to sell. We don't
collect enough money on this shopping center to pay the basic costs. We don't collect
enough money to pay the cost of the garbage collection and the security. Is that a fair
statement, Madam Director?
Ms. Billberry: Yes.
Commissioner Teele: So, again, when ever you all get around to it, I'll support putting
this thing on the market for somebody to buy it, and ...
Ms. Billberry: We'll bring you back the resolutions to declare it surplus.
Vice Chairman Gort: OK. Thank you. We all agree with you on that.
12 March 29, 2001
Vice Chairman Gort: District 1. Well, I'd like to place -- I'd like to have a resolution in
condolences for Mr. Emilio Milian, who was a well-known radio personality, as well as a
City of Miami resident. Do I have a motion?
Commissioner Winton: So moved.
Commissioner Teele: So moved.
Commissioner Sanchez: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Any Further discussion? Being none,
all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 01-271
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
FAMILY AND FRIENDS OF EMILIO MILIAN, UPON HIS
UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
13 March 29, 2001
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
Commissioner Sanchez: To be signed by all the Commissioners and the Mayor, and
presented to the family at the next Commission meeting.
Vice Chairman Gort: Signed by all the Commissioners and the Mayor.
14 March 29, 2001
Vice Chairman Gort: District 2.
Commissioner Winton: Nothing.
Vice Chairman Gort: District 3, Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. I had asked that Ms. Rosemary
Albo come in front of the Commission to speak on behalf of the Florida Film Market.
She is -- I don't believe she's here, so I'll go ahead and ask that this be placed at the next
Commission meeting. Back on my personal agenda.
15 March 29, 2001
Vice Chairman Gort: Item B.
Commissioner Sanchez: It's a resolution accepting the bid of R. L. Saum Construction
for the Bayfront Park Management Trust --
Commissioner Teele: Second the motion.
Commissioner Sanchez: -- for the acquisition of service for the removal of all
Bougainvillea fence surrounding the Mildred and Claude Pepper Bayfront Park, in the
amount not to exceed sixteen thousand two hundred and fifty dollars ($16,250),
allocating funds from the general operating budget of the Trust. It went out bidding. It
meets all City procurement codes.
Commissioner Teele: Second the motion.
Commissioner Winton: Why does this have to come before us?
Commissioner Sanchez: Well...
Commissioner Teele: Madam Attorney? Mr. Attorney.
Vice Chairman Gort: It's been moved and second.
Alejandro Vilarello (City Attorney): Commissioner?
Commissioner Sanchez: There's a second but...
Mr. Vilarello: The City Code requires all such agreements as this nature to come before
the City Commission for approval. If you recall, the Bayfront Park Management Trust is
more or less a super department that reports directly to the City Commission, instead of
most departments which report to the City Manager, and it has additional requirements
for reporting to the City Commission.
Commissioner Winton: But are we saying that this line item is outside the budget that
we've approved? I mean, we don't get line items from Bayfront Park Trust here. We
approve...
Mr. Vilarello: You certainly do.
16 March 29, 2001
Commissioner Winton: I don't recall...
Mr. Vilarello: This is money to the Bayfront Park Trust to pay for the additional
management services it's going to provide to Gusman.
Commissioner Winton: From the City? It's to...
Mr. Vilarello: No. This comes from DOSP (Department of Off -Street Parking) -- these
are dollars from DOSP to the Bay ...
Vice Chairman Gort: No, not DOSP.
Commissioner Sanchez: No. No. No. No.
Commissioner Teele: No. Mr. Chairman, just
Commissioner Teele: -- on the answer of the question. Bayfront Trust operates as an
advisory board to us. None of their actions are final as relates to contractual matters until
ratified and approved by this Commission in the past. Now, I don't know if that's what
the ordinance says, but we've approved all of their contracts. I remember we had that
parking garage -- that parking -- valet parking thing that came through as an emergency
and all of those kinds of things. And one of the problems, you know, with pointing the
finger at Bayfront Trust, like I kept trying to say to the previous Manager, is at the end of
the day the Commission is the people who approve everything at Bayfront Trust, so it
doesn't do us any good to go out criticizing anything Bayfront Trust does. It behooves us
to pay attention to what their doing and what we're approving.
Commissioner Winton: I understand.
Jay Constantz: If I may, I'd like to clarify. This is for the authorization to expend money
for Bougainvillea vine and fence removal. There is another issue that will come before
you at another ...
Vice Chairman Gort: I'm sorry. And you are?
Mr. Constantz: Jay Constantz, Executive Director of Bayfront Park. Excuse me. There
is another issue that will come before you a little bit later on, not today but in a
subsequent meeting, regarding Miami Parking Authority and an interlocal agreement
between the authority and Bayfront Park Management Trust, which is what the City
Attorney was alluding to.
Commissioner Winton: Yeah, I'm completely in favor of the item. I just wanted to
understand why it was coming before us, and now I understand.
17 March 29, 2001
Commissioner Teele: I would tell you; I'd like to know one thing. I know what a
Bougainvillea is, but what's a Bougainvillea fence? I know what the plant is.
Mr. Constantz: There is a chain link fence that...
Commissioner Winton: The fence that holds up the Bougainvillea. .
Mr. Constantz: -- throughout the park and the fence holds up the Bougainvillea vine.
We're removing both the vine and the fence that's underneath it.
Commissioner Teele: Is this like a hurricane -- one of those chain link fences?
Mr. Constantz: Yes. Yes, sir.
Commissioner Teele: Like the hurricane fence?
Commissioner Winton: And at the bottom it has a little sticker that says Bougainvillea
fence.
Commissioner Sanchez: No, it doesn't. But the reason why we're doing that is we want
to make the park a friendlier park. I mean, right now, from the outside, you look in, you
think it's a private park. It's not a private park. It's a public park. So, that's one of the
things that we're doing at the park, to make it more a friendlier park, where you could see
from Biscayne Boulevard on to the water.
Mr. Constantz: Another point I'd like to make is that under the Code, we're obligated to
come before the Commission for any expenditure that exceeds forty-five hundred dollars
($4,500), and this is following suit. Under normal circumstances, our budgeted items
would be under the consent agenda. In this case we're attempting to get this job done in
preparation for an event that we had slated for later in April.
Vice Chairman Gort: OK. It's been moved and second. Any further discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
18 March 29, 2001
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-272
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF R.L. SAUM CONSTRUCTION FOR THE BAYFRONT
PARK MANAGEMENT TRUST ("TRUST") FOR THE ACQUISITION
OF SERVICES FOR THE REMOVAL OF A BOUGAINVILLEA
FENCE SURROUNDING THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK, IN ANA MOUNT NOT TO EXCEED $16,250;
ALLOCATING FUNDS FROM THE GENERAL OPERATING
BUDGET OF THE TRUST.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
19 March 29, 2001
Vice Chairman Gort: Anything else, Commissioner Sanchez? Commissioner Regalado.
Commissioner Regalado: Thank you very much, Mr. Chairman. I'd like to call Ana
Gelabert-Sanchez, the Planning Director. Several months ago, a group of property
owners and business persons in the Coral Way area met and they wanted to do something
about Coral Way. Coral Way is one of the most beautiful streets that we have in the City.
As you know, it follows Miracle Mile, and they came up with some ideas regarding a
beautification project and enhancing project. Ana has been talking to her staff and I
asked her to come and give us an idea of what the Planning Department thinks about
these ideas. Also, we have here several of the people behind this movement and I will
tell you that the Coral Way merchants association is very much in support of all these
ideas, even the church in Coral Way, Our Lady of Lebanon. Father Michael is very
enthusiastic about the all these plans. So, Ana, I would like you to tell us what your ideas
and what can we do as a Commission to start this project?
Ana Gelabert-Sanchez (Director, Planning and Zoning): Thank you, Commissioner.
What I would like to...
Commissioner Regalado: And you are?
Ms. Gelabert-Sanchez: Ana Gelabert-Sanchez, Director of the Planning and Zoning
Department. We did meet with the representatives of the Coral Way on the Coral Way
corridor. There are two things that the Planning Department would recommend, short
term and long term. The short term is what we would propose doing a zoning overlay on
Coral Way, which presently we don't have, that would allows us to do certain things
immediately, which would be create an intent for the corridor in order to help us as we
review projects; it would allow us to do special design review; we would also be able to
work in eliminating some of the uses that presently might be allowed on the C-1 district,
which is what's Coral Way, and be able to put uses that we feel would be more
encouraging to create more of a pedestrian atmosphere. That is something we could do
like -- we expressed we would like to work with the NET (Neighborhood Enhancement
Team) Office and be able to work with the type of uses. It would be different
associations that abut the Coral Way neighborhood and work on that. That amendment,
you know, we could do probably take it in June to PAB (Planning Advisory Board); be
back in the beginning of the fall in front of the City Commission for approval. That
would be short term. That's something we could do, starting now, immediately, within
what we have in the department. By doing that, it helps us. There are many projects that
are coming in that, unless they are a Major Use Special Permit, we might not have -- we
might not review because there's not an intent created, many projects do not have kind of
a vision, if you will, for what is Coral Way. That would allow us to do that. The long
term is what I would like to recommend is that we would be able to work with a
20 March 29, 2001
consultant in creating what is the vision for Coral Way. That would be more of a street
beautification. The trees, the median, the sidewalks, cross walks, uses perhaps that on
design guidelines that would have to be created for the businesses that are going -- that
would take longer to do it well, which we would like to be able to seek the assistance of a
consultant to work with our department. At the end of this, where we would have a plan,
if you will, for Coral Way, perhaps we can come back again to the zoning and see, you
know, is there any other, you know, uses, mixed use, something that we can have as
incentive. That would be able to develop a little further at first phase, which be the
zoning overlay. So, what we're proposing (inaudible) is a short term and a long term.
The long term...
Commissioner Regalado: Ana, on the short term, I would really like to ask you to see if
we can do the PAB in May because that way, it could come to the Commission before the
August recess, and that would accelerate the process.
Ms. Gelabert-Sanchez: Yes. The way the schedule was placed like that, with the April
and the May, was because we feel it's important to have the public participation process,
and to be able to put it on the May agenda, it would mean that we would have to be ready
pretty much in a couple of weeks to be able to put it on April. That's what I would...
Commissioner Regalado: No. I'm talking about May, on the PAB.
Ms. Gelabert-Sanchez: Right, May on PAB, we would need to place it on the agenda in
April. That means that what if the public participation time would be reduced and we
feel very strongly that it is something that everyone should be participate in creating the
SD (Single District). People will need to understand what is the implications and on the
area -- for example, we went through a similar exercise on Biscayne Boulevard, where
we met with the associations regarding some of the uses that were eliminated on
Biscayne Boulevard. There was conversation, there was participation. By the time it
comes to you, everyone is in agreement. That's why we were proposing to be on the
schedule. We had April to be able to have the draft district regulations prepared; in May,
the public participation presentation to the different -- there is a Coral Way Corridor, as
you know, one is of the merchants and then the abutting neighborhoods are also -- have
also said they would like to participate. (Inaudible) in June to the public hearing
(inaudible) PAB; July, first reading and City Commission; second reading would be
September. And everything would be...
Commissioner Regalado: OK. On the long term, how much do you need for the
consultants to do the study that would follow?
Ms. Gelabert-Sanchez: The design, -- between -- probably six to eight months. That
would be the time from the consultants starting to work -- hopefully, I would like to say
perhaps in six months, and that would, again, involve some public participation; then
bringing again -- it would have to come to PAB and City Commission, so, you know,
we're talking about consultant work, perhaps six to eight months.
21 March 29, 2001
Commissioner Regalado: OK. Mr. Manager, I would like to move a resolution. This
Commission has always been inclined to do this kind of thing. We did it in Bicentennial,
in Biscayne Boulevard and I think it's important that we do it in Coral Way. So, for the
next meeting, could you bring us the funding for this consulting project?
Commissioner Winton: Second the motion.
Commissioner Teele: Funding and a plan.
Commissioner Regalado: Funding and a plan, of course.
Vice Chairman Gort: Right.
Commissioner Teele: A plan with the funding.
Commissioner Regalado: But she has the plan already. She has the outline already, but
we just need the funding for the consultants. So ...
Vice Chairman Gort: The one thing that I'd like to add is, whatever plan we putting to,
make sure we have a maintenance to go with it, too.
Commissioner Teele: The what?
Vice Chairman Gort: The maintenance. Because a lot of times we'll come out with
projects and then we don't like the maintenance and they go away.
Commissioner Regalado: Well, but this is sort of different, Willy, because it doesn't have
to do a lot of with median, but it has to do a lot with the surroundings of the buildings and
merchants doing themselves what they want to do. So, that's the motion that I have on
the floor.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman, on that point, if you would yield, Commissioner
Regalado. This Commission, I think, has passed or we've certainly requested -- what
Commissioner Regalado is proposing makes a lot of sense for that area, but, you know,
since I've been here, there is only one area that has had a district -wide, aerial -wide total
review. That's Coconut Grove, as I recall. It's a study that thick. We spent about two
hundred thousand dollars ($200,000), three hundred thousand dollars ($300,000) on that.
How much did we spend on that Coconut Grove area study?
Ms. Gelabert-Sanchez: Two hundred.
22 March 29, 2001
Commissioner Teele: Two hundred thousand dollars ($200,000). And, you know, I have
suggested -- and I'm going to make that suggestion public again -- I would appreciate if
we would sit down with Dade County and look -- because they've done area studies
almost for the entire 13 districts, and we get into all these over laps, you know, and
nobody wants to share information. I really think that there is a potential that we could
come up with five studies that are district wide, you know, federal studies. We're talking
about a million dollars ($1,000,000) probably, plus, but if it's done by Dade County
government that has already done 60, 70 percent of everything -- they've done a hundred
percent of the City of Miami because they overlap with other Commission districts there.
I think we could really come up with some refine thinking, sand I really would appreciate
if you all would look and meet with Dade County Planning Department and see if there is
a potential of allowing them and maybe some consultants that we would designate -- to
do studies of all five districts, planning studies of all five districts, particularly the kinds
of issues that Commissioner Regalado is getting at right now. I really would.
Commissioner Regalado: Yeah. I would like Ms. Zully Ruiz to just give us a brief idea
of -- I mean, the presentation that we have. She's been one of the persons really involved
in this. She has properties in Coral Way, and she's very enthusiastic about it.
Zully Ruiz: Good morning Commissioners. As Ana was saying, we have this vision in
Coral Way.
Commissioner Regalado: Name and address.
Ms. Ruiz: The name Zully Ruiz, 3232 Coral Way. Which we think that we're going to
have a new name for it and we're going to call it the Way because the Roads are the
Roads, and Miracle Mile, they call it the Mile, so we thought we have a new name for
Coral Way, and that's the first thing we did. We want to call it the Way. One of the
things that we also want to do is work with DOT (Department of Transportation)
because, as you all know -- and Commissioner Gort was concerned about it -- DOT is the
one that owns Coral Way, so that's one of the things that we have to work with. We're
planning to illuminate all of the banyan trees; we're planning to use all of the sidewalks
as sidewalk cafes, as an extension of Miracle Mile; we're planning to get every merchant
in Coral Way involved, and we're planning to beautify this beautiful road, which comes
from Brickell, cross all the City of Miami, goes into the Gables and goes all the way to --
I think it's about 147`h Avenue, and I totally agree with Commissioner Teele. I think the
County does have district studies. That is a very, very good idea, I think. So, you know,
in brief, that's what we're looking to do. We're looking to enhance the City of Miami, all
of the County, all of the City, name this beautiful road, preserve it, and maybe put some
monuments of some very important people in the median. You know, that's on a very
long shot. But, any way, at the very least, we will enhance this very nice road that meets
all of the cities. I foresee that some of the mayors maybe could be hand in hand in all of
the portions of Coral Way. One can stand on the edge of the City into the Gables and
then into the County, as Commissioner Teele said. So, I want to thank you very, very
much for this morning, especially Commissioner Regalado, and in the south, Lourdes and
Ana, and everyone that have been fantastic, and we're ready to work with you. We're
23 March 29, 2001
here in the City of Miami. We're going to build at 32nd Avenue and Coral Way, and we
come to the City as donors. You know, not as takers. So, thank you very much.
Commissioner Regalado: Thank you.
Ms. Ruiz: I also want to introduce my partner, Brian (unintelligible). Our company's
name is Urban (inaudible) Group, and you're going to be seeing us almost everywhere.
Thank you very much.
Commissioner Regalado: Thank you. Just as a footnote for all of you. You all know
that, in about three months, DOT is going to start a major reconstruction of Coral Way,
300 days it's going to take, from 12th Avenue. So, it will be in Joe's district to 17th
Avenue, and from 12th Avenue to 37th Avenue, and they are going to repave, build new
sidewalks, and new lighting for most of the area in Coral Way. WASA (Water and
Sewage Authority) is going to start doing some work from 15th to 25th Avenue next
month. So, we can do a parallel. In three -- in a year and a half Coral Way could be
totally different, and I thank you for the support.
Vice Chairman Gort: One of the things I'd like to recommend from the staff, we have to
make sure that somehow we talk to all utilities and talk to all the people on the Five -Year
Plans to make sure that we can synchronize also, but I don't want to go over repair -- do
some work and then somebody else come in an open it up because they need to do some
additional work. So, if we can make sure we can coordinate all of that, it will be very
important. Thank you. Yes, ma'am.
Georgia Ayers: Georgia Ayers, the Alternative Program. My home address is 2475
Northwest 111th Street. Commissioners, I couldn't sit still back there. I'm not on the
agenda for this, but being a native Miamian, who's parents were born here, and my office
is in the Lemon City, Little Haiti area, and if you were to talk to the Chief, he will tell
you how much hell I've been raising just to get the drug addicts off my street. If I had --
if Little Haiti, Lemon City was looking as well as Coral Way looks right now, I wouldn't
be standing here complaining. I was pleased when Commissioner Teele made the
statements he made earlier about Overtown and the areas in the Liberty City/Overtown
area. I just wish -- and I'm inviting the five of you to come to my office at 151 Northwest
60th Street today. Every night practically I have to get up and go out there just to make
sure that the thugs -- the thieves are not breaking into my building. They have stolen the
razor wire, the barbed wire, cut the holes in the fence, come in -- they went in last week
and this week and if I could just get you all as interested in the Little Haiti area, as well as
Lemon City -- because my momma was born in Lemon City -- if I can get you to come to
my areas spent as much time upgrading, fixing the streets, -- not to down you. That's
your area. You're supposed to do that -- but I'm 73 years old almost. My mother was
born here in 1912. My mother's oldest sister, who is 93 years old, was born in Lemon
City, and you all have forgotten about Lemon City. You've forgotten about Liberty City.
You're talking about spending millions to doing what you're doing. Please come over to
my area today, Commissioners, when you're out. Please come -- Commissioner Gort has
been there to see the building. I have a 48,000 square feet building, which is dilapidated.
24 March 29, 2001
It took me three years to get you to take the building next door down. I guarantee you
that building was not remain up for three years in Coral Gables as it remained in my area.
Now, you all might as well deal with me until the Lord calls me home. You all are going
to do something about that area or you will not have any peace in this Commission.
Thank you.
Commissioner Regalado: And we will.
(APPLAUSE)
Vice Chairman Gort: Yes, ma'am. Thank you. Any further discussion?
Commissioner Regalado: The money for -- just as a note. The money for the
repavement of Coral Way and sidewalks and lighting is coming from FDOT (Florida
Department of Transportation), the State of Florida. That's money has been allocate three
years ago. It was allocate by the Florida legislature. But she's right.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Winton: But -- could I make a comment on Georgia's remarks? And that
is that, it's always -- it's a bit of a mystery to me -- I mean, and I know, you know, Chief,
we've got a new, you know, minor -- what's the new initiative that we've got, where it's --
we're going after the minor crimes initiative? And I tell you, it does mystify me that in
areas like her neighborhood and there are other areas in the City where forget about
minor crimes. We still have major crimes going on and I don't get it yet. I don't get why
we can't round up the drug dealers and get them put in jail and get them off the streets
and do it consistently, and I think it's a problem with that. I think it's a focused that some
way or another we, from a management and we from a Commission standpoint have to
get focused on, because it isn't just her neighborhood. There are a lot of neighborhoods
where this kind of thing is going on and I'm frankly mystified by it. I know we have the
skills set internally to deal with these issues, but we don't seem to have the will to deal
with them consistently that will drive the bad guys out of town, and when we drive the
bad guys out of town, her job, my job, other volunteers, other community activist, all
their jobs get easier by along shot, just getting the bad guys out of town. So, I hope that
we can have some renewed focus or maybe a strategic planning session just geared
toward getting the bad guys out of our neighborhoods, period. Then we can go to
economic redevelopment. As long as bad guys control neighborhoods, you will never
have economic development because good guys aren't going to come in and we're left to
people who have the -- I've got to pick a better term here -- who have the fortitude to stay
in the neighborhood and defend the fortress and they're all alone, and we've got to bring
reinforcements for these people because they can turn the neighborhoods around if we
just get the good guys -- the bad guys out.
Raul Martinez (Chief of Police): Commissioner, Raul Martinez. I'm sorry, I missed the
beginning of your statements, but we did start a minor crime campaign at the beginning
25 March 29, 2001
of February. Minor crime initiative doesn't mean we look the other way when these are
major crimes. The purpose of the minor crime initiative is to catch the minor violator
before they get a chance to commit the robbery, the burglary, the more serious crimes.
So, we're focusing -- and we're specifically focusing if you're drinking in public in an
area that doesn't matter, that nobody cares, -- in reality, who cares -- but if you're drinking
in an area where you're drinking in public and drugs are being sold or they're snatching
purses or ladies can't go to the grocery store because when they go back, they harass her,
or whatever, then we are going to focus and tell those people, you can't drink here. If we
see you drinking, we are going to arrest you. You can't sit on a milk crate if you're here.
We're not allowing shopping carts -- as an example, we had an unfortunate incident about
10 days ago of a gentleman who was pushing a shopping cart because he had stolen some
aluminum from Venetia Isle and the officer, doing his minor crime initiative, saw
somebody pushing a shopping cart and he stopped them. And he had just stolen all the
aluminum from some shed on the other side of the bridge in the City of Miami for doing
this. So, we're doing those little things that maybe before we didn't have the time or
maybe before the officer may have looked the other way and continued going. And
addressing those people because if nothing else, the person is not going to go to jail for a
hundred years for pushing a shopping cart and they shouldn't do that -- at least for a half
an hour, two hours, three hours that they're out of that street, you know, they can't
commit the crime. If we're persistent about it, he won't go back and do the same thing all
over again. If we only do it once, then they'll come back. If we continue -- persistency is
the issue.
Commissioner Winton: But I understand that completely. But the point I'm talking about
are neighborhoods that are controlled by the bad guys, and that's the mystery to me. I
don't understand how, in the City of Miami -- and I think we've got a pretty darn good
police force -- but I don't get it. I don't know if we don't have the right kind of staffing
levels at the right hours, whether we don't rotate staff in hours. I can tell you, I've been
here long enough doing these community initiatives now, and I've watched myself and
the bad guys all know what our schedules are and we'll go in and make a sweep and run
them off the street and they know when the sweep's coming, they get out of the way and
if the sweep's coming from noon to 9 p.m., they seem to know that an then, after -- at 10
o'clock, they're back out again. And what I'm saying is, we need a concerted effort that
puts the right kind of resources into these neighborhoods so that the bad guys that are
running the neighborhood, we really get them off the street. And that's what I'm talking
about here. And we have too many of those going here. And, so, I'm just asking, Chief,
if you can figure out how we might -- how you might redeploy resources or change
procedure some way or another so that we can have concerted efforts that really are
designed to get the principal bad guys off the street in these neighborhoods were they
control the neighborhoods.
Chief Martinez: Commissioner, we will and we have, but don't forget there's the big --
we're not the end of the system. The fact that we arrest somebody and arrest them again
and arrest them again and arrest them again and arrested them again -- and I have met
with the State Attorney's Office. I have met with the judges and they sympathize with us.
They agree the importance of the neighborhood is there. They agree on our initiatives,
26 March 29, 2001
but they're telling me, if you have a hundred beds, in number hundred and one comes in,
somebody has to come out. You know, and there are people that are standing on those
corners that involved in criminal activity, I can bet you, you run a criminal history
checks, they've been arrested numerous times. And our job is to not to let the officer get
frustrated. Sometimes they get frustrated and they get out of hand and they get penalize
for doing this. Sometimes they get frustrated and let the other way and that's just as bad.
Commissioner Winton: But I think those are the issues where you need to come to us.
When you're having problems with other pieces of the bigger pie that controls the
problem, you need to be coming back to us and saying "Look, I need support from the
City Commission or individual Commissioners, or whatever, we need to go to
Tallahassee; we need to go see the State Attorney; we need to go see the U.S. Attorney;
we need to go meet with the judges." I'll go through any of those things. I don't care
what it is, but you've got to come to me or I can't do it.
Vice Chairman Gort: Gentlemen, let me tell you. The problem that we have, we're on the
front line. And every time I go to community meetings, we should have the judges here,
the State Attorney's Office here, our legislators and Senators in here to see the problem
that we're putting up. Now, Mr. Manager, I think one of the commitment that we have is
we need to bring all our neighborhoods to the same standards, and there are some
neighborhoods that need more help than other neighborhoods, and I think that's what
we're addressing.
Ms. Ayers: Commissioner, that's what I'm talking about, (inaudible) this Police
Department. They come -- they talk to the children, but it's not just them. I don't want
you to think that I'm giving them hell because they catch it all day long everyday from
me. It's not just them. I guarantee you every hour in God's 24 hours, there's somebody
between 60th Street -- 61s' Street and 1st Avenue, and it's not all blacks buying the drugs
out there. Whites, Hispanics know the drugs are being sold in that area and they are
there. If I were not afraid of a gun, I'd shoot the shot off of everyone I catch standing on
the corner. I'm tired of it. There is a man right down from my building; boarded it up,
screened around; they took the screens off. They have stolen my razor wire, my barbed
wire, the vents, my screens off my window, and you know, if I kill one, I'll be in the
paper like everybody else. I was kidding them this morning, I'm going to get this gun and
shoot the shot out of them. They told me don't do it. I was going to AK -47, a shotgun. I
get tired of going down there every night because people -- and it's not just them. I
understand that. The Chief, their department is doing a terrific job, but it's not just the
police. It's Code Enforcement. You've got those guys that hang out there 24 hours a day,
seven days a week. I can't even leave my garbage can out. Those people are stealing the
garbage can to send their stuff back to Haiti. There has to be a noise ordinance around
there. Twelve o'clock at night they're still playing music where people can't sleep. Most
of the law-abiding people are afraid of them. Now, if you can't do for my area as the
same you're talking about doing for Coral Gables, then you all need to leave the bench,
and you don't mean to be rude.
27 March 29, 2001
Vice Chairman Gort: OK. Any further discussion?
Commissioner Sanchez: Mr. Chairman, back on the
Vice Chairman Gort: Wait a minute. Commissioner Teele, you want to make a
statement?
Commissioner Teele: Mr. Chairman, I want to yield. The issue that is before us is the
issue that Commissioner Regalado brought forward, and I'm going to say this and I hope
that the public will understand what I'm saying, but I'm saying this primarily to my four
colleagues. I think we all have observed and, to some extent, some of us contribute to
this, that the dominant political ideology in this City is "me too". What I propose giving
money in Overtown, people in Little Haiti came down mad. "Why you giving money to
them? Me too." Now, we've got to recognize that this is one City; that this is one City
that we all have to deal with. Now, unfortunately, we are the first generation -- this is the
first four -year of a single member district Commission. This is the first four years of
that. The single member district process is only four years old, and, so, for one hundred
years this City has had at large elections, largely, in which everybody is accountable for
nothing. And with all due regard to Miller Dawkins, whom I have a great admiration and
respect for, with Mrs. Range, who I think we all know and love and respect, the at large
voting system never worked, and it particularly doesn't work for poor people and those
who don't have the lawyers and the lobbyists, et cetera. Commissioner Gort put his
finger right on the problem. The problem is, we have disparate communities and we have
inherited that. And I'm not blaming anybody who came before me or anybody who will
come after me. There is as much difference in Little Haiti and Brickell as there is night
and day. It is as much difference between Overtown and Coconut Grove as there is in
night and day. This 's as much difference between West Grove and downtown Grove and
we've got to recognize that and part of what we as Commissioners have got to stop saying
is, I want it too. Now, I want to take particular exception -- I agree with the statements of
Mrs. Georgia Ayers, and I respect her statements, as someone who has paid her dues and
been here, but I want to take exception with two of the statements that she made, not that
I agree with them, but in the context of what it is we're saying. Number one: The police
are not doing a great job in dealing with these problems. The resources that are being
allocated are not being allocated based upon need. They're being allocated as much as
anything, based upon historical funding patterns, and I'm going to ask my colleagues --
and I know there are a lot of people here today in this audience, particularly number of
African-Americans who are here on Item Number 12. I'm going to ask that Item Number
12 be deferred today because I think one of the problems is, is we're always criticizing
the police, but we never give proper instructions. I want to see where is crime in this
City. I want to see it by district. Before you all start giving out grant money, let's make
sure that grant money is going in the areas to deal with crime. I mean, you know, we
hold the Chief responsible for everything, but the fact is, we all have some joint
responsibility in that. We have -- has anybody read the audit on the Law Enforcement
Trust Fund? I am not going to rubber stamp the Law Enforcement Trust Funds requests
any longer because the problem is not the Chief. The problem is us. Particularly, when
you deal with the issue that Mrs. Ayers is talking about, about disparate treatment. In
28 March 29, 2001
Little Haiti, there is no question in my mind that they're not going to be treated fairly on
Law Enforcement Trust Fund money. Why? Because we don't even have parks in Little
Haiti. We don't have one major park in Little Haiti. And, so, it's fine to support athletic -
related activities, but if you don't have a park, you're dealt out before the process even
starts, and I want to understand how are we dealing with some of these shortfalls, and I
really do think that we have got to work more closely with the Police Department in
focusing those resources. And the second thing that I want to say is this: Mrs. Ayers is
totally right, and I respect Mrs. Ayers in her concern, but the one thing this single
member district Commission of these five Commissioners -- of these four Commissioners
is certainly can say is that more money has gone into Liberty City and Overtown than the
rest of this City combined over the last two years. More money -- I'm going to say it
again. More money, more Community Development money has gone into Liberty City
and Overtown than the rest of the entire City combined. When you look at the
commitment that we've made on the housing -- homeownership zone, the twenty-two
million dollars ($22,000,000) to totally redo that neighborhood, when you look at the
commitment that the Commission made in terms of the job creation activities in
Overtown in terms of single projects, this Commission is doing what it can to address the
disparate treatment. I support essentially what Mrs. Ayers is saying, and that's why I
made the statement that I made. We need to look at five planning studies at the same
time that relate to all five or all of the entire City because our goal should be to eliminate
an avoid disparate treatment, but it doesn't take a mathematician to understand that if
somebody started a race a hundred years ahead or 50 years ahead or put it in race
analogy, one hour ahead of everybody else, you're not going to catch up running the same
speed. So, the point is, is that if we're going to look at some of these areas, some of these
areas in East Little Havana, some of these areas in Allapattah, and Wynwood, and
Overtown, and Lemon City and Little Haiti, we are going to have to put more resources
in that, and that is going to be what we, as Commissioners, have to direct, and I don't
think the Law Enforcement Trust Fund necessarily reflects where the crime is in this
community. It may, but I'd like for that to be shown to me. I think that we need to take a
very close look at it, and I just want to commend Commissioner Regalado again, because
the issue is in the area of Coral Way. There are some needs. The merchants were hurt
over the construction that was being done on some of the areas, and we have to look at
this entire City. So, I want to apologize to my colleague, Commissioner Regalado that
this would get bootlegged this way, but at the same time, I don't apologize at all for Mrs.
Ayers saying what is the truth and it's very frustrating to sit in an audience and hear this
kind of discussion and not want to respond. And I don't at all -- I commend you, Mrs.
Ayers, for coming forward. I just think it's unfortunate in the context that we're trying to
address this because it is a very difficult process. Commissioner Sanchez, thank you for
yielding.
Commissioner Sanchez: Thank you, Commissioner Teele. Mr. Chairman, I'm so glad
that you brought that point out; that more money from CDBG (Community Development
Block Grant) funds have been allocated to Liberty City, and Overtown, and any other
district and every Commissioner supported that when we did that, based on necessity.
However, our community has needs as a whole. If you look at Commissioner Regalado's
district, with the flooding problems, he's got problems, whether it's crime -- it's a crime
29 March 29, 2001
issue or it's an Economic Development issue or a housing issue, the community as a
whole has needs, and we have to address these issues. When the process of CDBG
money allocations come before us -- I think that's one of the toughest situations that every
Commissioner here is placed in because there is so much need in our community, and just
about every organization that comes in front of us believes that their organization
deserves the money, and, you know, I wish that we had enough money to give to
everyone, but we don't. So, we identify the needs on priority basis, and I think that's the
way that it should be done based on a good management style, where we identify the
problems based on priority. The crime issue. Which we have basically derailed from
what Commissioner Regalado issue is all about, but I'll get back to it. But I want to
address that issue. Let me just state for the fact that I think that every Commissioner here
should go to the CAD meetings. That's how it's called, Chief, CAD? The CAD meeting
is broken down into different areas of our community. We visited New York and when
we went to New York, we studied the concept of zero tolerance, which I didn't like the
name. But the concept itself works. Just in Little Haiti alone, which right now, if you
look at all the numbers, statistically, on the crime issue, everything from petty theft to
murder, if you look at it, Little Haiti is the one that has the highest crime rate in the area,
although we've been able to reduce crime in the City of Miami in the last seven or eight
years drastically. We still are focused on one area. But this concept, which is the CAD
concept, works because, one, it identifies the problems based on the complaints that come
in on a number factor from the Police Department, and then they go into an area and they
target those crimes. The concept works. However, we have different needs in different
communities, and it's a tough situation. I mean, our financial stability may be getting
better and the City may be doing better, when we may need to hire more police officers to
address the problem. But once again, focusing on the four years that we have had
representing a district, which it's premature -- too premature to say whether it's working
or not because basically, you know, once again, I was criticized when I voted here to give
five million dollars ($5,000,000) to Overtown, which it needed. My community came
out and said, well, wait a minute. Why are you allocating "X" amount of money when
we have necessities, too. True, we have necessities too, but you have to look at priorities.
Being elected as a district Commissioner, you basically like -- and my style to look
outside the box. You know, just don't look at the hole in the doughnut. Look around the
doughnut and look outside the bubble. And those are the things that we're dealt with. On
the project -- getting back on the project that Commissioner Regalado brought forth, that
it pertains to my district. He represents from 17th Avenue west; I represent from 17th
Avenue east. We had been focused on the concept. I attended a meeting with several
homeowners that are very concerned, and, you know, one of the things is, through the art
of communication, is to provide that they will be informed of when the streets are going
to be broken; when the streets are going to be blocked; what negative impact it's going to
have to their community and, therefore, you know, we have to do that. But I want to
know one thing on that project that has not been advised to me. One is, that every project
should be cost certain, time certain and project certain. I want to know how much the
project is going to cost the state because that -- those moneys are coming from the state.
It's not coming from the City. Although we will have to allocate "X" amount of dollars
for certain things. The -- but I also want to focus on the time certain. I know it's going to
start on 37th, Commissioner Regalado.
30 March 29, 2001
Commissioner Regalado: It will start on 12th Avenue.
Commissioner Sanchez: It's starting on 12th? See, I was told it was going to start on 37th
So, that's a miscommunication right now, and I will probably have to contact the
president of the homeowners and tell them that. But they wanted to know, time wise,
how are they going to do -- because there were some concerns -- and, once again, I think
DOT has improved their concept of working. In the past, they did some projects that
were not too merchant friendly and a lot of people suffered through that process.
Commissioner Regalado: And, Joe, if I may. We've got to thank DOT because they met
with a lot of business people and the majority of them say, well, on the commercial area,
work at night and they're going to work at night. They -- and they were committed not to
block any business more than two days. And the merchants think that they can live with
that. But it's going to be a major project because WASA has to go in first and then
FDOT (Florida Department of Transportation) but it's needed because, you know, Coral
Way, it's in bad shape.
Commissioner Sanchez: I get the complaints just like you do. The roots of the trees are
on the street. The bumps. But I just wanted to clarify those points. Thank you.
Vice Chairman Gort: Gentlemen.
Commissioner Regalado: OK.
Vice Chairman Gort: No further -- let's vote on this. We haven't voted yet.
Commissioner Winton: Oh, we haven't.
Commissioner Teele: Call the question.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
31 March 29, 2001
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 01-273
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
PLANNING AND ZONING DEPARTMENT TO COME BACK AT
THE NEXT COMMISSION MEETING WITH PROPOSED NEEDED
FUNDING AND THE PLAN FOR THE CONSULTANTS TO THE
CORAL WAY PLAN PROJECT.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
32 March 29, 2001
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: I have several items, but time is running short, but I don't want
to take more time. But I do have a question about AT&T (American Telephone &
Telegraph) funds and NET 9 and the allocation of those funds. So, Mr. Manager, can
you...
Carlos Gimenez (City Manager): Yes, sir. There are really two funds that came from
AT&T. There is a merely three hundred thousand dollars ($300,000) allocation that goes
to NET 9 and then there's like two and a half million dollars ($2,500,000) which is put
aside and waiting for you -- the direction of the Commission for -- in order for us to go
ahead and use that. And we have to come back, I think, with a recommendation to you
all on how to use that. We haven't done that yet. We have gotten some quotes on the
three hundred thousand dollars ($300,000) that's given from AT&T to NET 9 of
approximately -- to use two hundred and fifteen thousand of that to purchase equipment
that is needed by NET 9 in order to be able to do on site, off site productions, and what
we want to do is, when you all -- you probably seen some NET 9 personnel with
handheld cameras and they do video an basically it goes in the can and never shown
anywhere. And what I've directed NET 9 is that I wanted some equipment that they can
do on -the -fly editing. Basically, do a production, just like their doing right now, which is
done live. Do that so that it's portable, so that when there are events in the City, they can
goes to those events; take them; edit them on the fly, and then get back to NET 9 and do a
-- and present them as on NET 9, much more than what their doing now with -- basically
the stuff that basically goes in the can is not shown. So...
Commissioner Regalado: Well, I saw the other day a program that has been repeated
several times. Has to do with the domino, the Mayor and Chairman Gort was there. It
had run several times.
Jorge Luis Hernandez (Director, Office of Media Relations): Yes, Commissioner. We
are actually broadcasting a very interesting program regarding the ...
Vice Chairman Gort: You are.
Mr. Hernandez: I'm sorry, Mr. Chairman. Jorge Luis Hernandez, Office of Media
Relations. And we are scheduling it. It's a domino tournament view of the different
events that have been conducted in different areas in the City, which we think is a
magnificent effort to unite our community.
Commissioner Regalado: How many times is this program being shown? How many
times it's running?
33 March 29, 2001
Mr. Hernandez: The domino tournament started running on January 27th, Commissioner,
and it will run -- it's scheduled to run until April 4th.
Commissioner Regalado: Once a week, twice a week?
Mr. Hernandez: Yes. It's running five times a week.
Commissioner Regalado: Five times a week?
Mr. Hernandez: Yes, sir.
Mr. Gimenez: It's really our intent, sir, to -- with this new equipment to be able to do, you
know, many more -- when there's proclamations, presentations, awards programs, et
cetera, that are not in this facility right now to at least tape them, edit them while their
being taped, and then put them on the air as quickly as we can. And you should a marked
increase in the number of events, Citywide, that are shown on NET 9, and once we get
the equipment, you know, you should see that. And I've directed the director of NET 9 to
make sure that those things get on the air and that the things that we're doing in the City
are shown offsite, out of this particular venue, that are shown much more than what's
going on right now.
Commissioner Regalado: Well, I would really like to see a list of the events that have
been taped and not shown, and taped and have gone on the air because I -- for instance,
the parks event, I've never seen it on the air.
Mr. Gimenez: You are one hundred percent right, and that's been the same frustration that
I've had. The people have come with a handheld camera and never see it.
Commissioner Regalado: And then...
Mr. Gimenez: We never see it.
Commissioner Regalado: So, what made you do the domino? Is it important -- is it more
important than the park?
Mr. Gimenez: I'm not sure, sir. I don't know what the domino -- I mean, I haven't seen
the program, so I really don't know what it is your's talking about.
Commissioner Regalado: I mean, but who made the decision of taping, producing and
airing?
Mr. Hernandez: Sir, the program featuring the domino events is a preproduced program.
It was produced when -- some time ago. It's not a recent produced program.
Commissioner Regalado: Well, I -- you know, I think it's a great program. I think they
should film it. But I'm just wondering. What is the criteria to put it on the air, to put --
34 March 29, 2001
what is the important -- who judges what is important? Is it a park important? Is it a
press conference? We -- we film the press conference of Liberty City for major housing
project and I don't know if it has been on the air.
Mr. Gimenez: Sir, it's my intention, in this future when this -- and I can't answer the
question on how this got on the air. I don't have the answer to that. But it is my intention
in the future that City event, where either the Mayor or the Commissioners, et cetera, are
-- you know, are having some kind of event that, you know, the NET 9 go to it, unless
there's some kind of conflict and we have to, you know, resolve that conflict in terms of
scheduling, NET 9 go to it; tape it; edit it on the fly, and put it on the air and quickly as
we can. As far as other shows are concerned, we need -- I agree we need to develop
some kind of a system where people can request, you know, either Commissioners on the
air may be able to request, you know, can you show this show or whatever and then, you
know, we'll take that into consideration. But some kind of system needs to be developed,
I agree.
Mr. Hernandez: As the Manager explained, Commissioner, we are in the process of
acquiring the new equipment, which will facilitate our job. We are also running, as you
know, the first neighborhood program that we produced. We have been running this
program for the last month. The reason that the domino program was selected is because
this program, which actually took several months to produce, long time ago, we
considered that it was a very effective program at this moment, in which domino
tournaments are having a tremendous success in uniting the different sectors in our
community.
Commissioner Regalado: I don't have a problem with the domino. I love domino, and I
think that Chairman Gort has done an extraordinary job. But that was not my point, and
probably I'm -- it will take time to explain.
Vice Chairman Gort: If I may. I think you have an excellent idea. When they have the
press conference and announcing what we're doing with the housing and creating
homeownership, and the main reason that was put together is to inform the people that
live in the area to be aware of it. So, I think that's one program that should be recorded
so people -- that was the reason why it was done.
Mr. Gimenez: I agree with you and, like I said, it's not unnoticed by me that there are,
you know, a number of events we have these people taping and nothing ever gets on the
air. What seemed to be the problem was that, you know, they always come back with its
editing. It's editing time. Or I said, look, I don't want editing time. I just want basically
a program that's like this, and this new equipment basically is a three -camera set, remote
control, it's portable and they have the editing right there. They just tape it. Stick it in
the machine and run it, and then they don't have the excuse anymore about editing time.
Because it's frustrated me as much as anything else to see all these people taping an
nothing ever getting on the air, so what the heck are you taping for if nothing ever gets on
the air? So, with the equipment, they'll be no more excuses. You know, that stuff should
35 March 29, 2001
go on so that, you know, when you all or the Mayor are in some kind of official City
function, hopefully, we'll have, you know, a lot more of those on the air a lot quicker.
Commissioner Regalado: OK. Before I continue, I would like to yield because
Commissioner Sanchez had someone who wanted to address the Commission, Ms. Albo,
and...
Commissioner Sanchez: Thank you, Mr. Regalado.
36 March 29, 2001
Commissioner Sanchez: Mr. Chairman, one of my Commissioner item has arrived and I
would ask that she be afforded the opportunity to speak on behalf -- she's going to do a
presentation for the Florida Film Market to address the Commission on that. Thank you.
Rosemary Albo: And thank you very much for the time. The reason I've asked to be
able...
Vice Chairman Gort: Name and address.
Ms. Albo: Oh, sorry. Lack of experience. Rosemary Albo, at 2921 Coral Way is the
office address and the name of the business is the Florida Film Market, which is also an
event. The reason why I'm here addressing the Commission today is because, as perhaps
we've all known, that Miami, particularly, has taken a great interest in the entertainment
industry and we've become sort of a hot bed in this situation. Myself and a series of
colleagues have put together what is a film market to bring here to Coconut Grove in
September. We will be competing directly with some of the greatest markets in the
world, which are Cannes, and the American Film Market in Los Angeles, and me fed in
Italy. The reason I'm here to address you is because I want to bring to the attention and
the entertainment industry here has lost a lot due to the fact that we have not been a film
friendly area for a very long time. We're not a film friendly state and, unfortunately, our
County and our City has not been film friendly. The fact that I'm bringing an event of
this magnitude here required me to come here and try to garner the support of the City
and making Miami the Hollywood of the 21st Century. This is the approach that I've
taken with the event. The event, in fact, what it consists of is actually bringing the
distributors from around the world and the product that is sold into film, meaning
ultimately ends up in theaters and TV channels and so forth throughout the world here to
South Florida so that it's -- that we can do business, meaning that we would be able to
originate filming out of our state and our area. This is very important for us in the sense
that we should be the ones to stand up and say, Miami is the taking an active role in the
film industry; it wants it here, and speak to it -- to our state so that we can have some sort
of legislation perhaps in the future towards some kind of one-stop situation or something
interesting that would make it more feasible for a state to retain its business. Now, what
does the film market mean in general? The film market means that Miami will be hosting
international distributors from around the world to come here to Miami and actually do
business, which is something that has been slightly occurring, and it just won't be Latin
America that we'll be opening the door to. But actually the whole world to come here.
We are in a very strategic position, geographically, and also because we've been brewing
for so long. So, this is the opportunity that I'm here for and I'm hoping to garner the
support of the City in this. But more importantly, garner an attitude towards filming in
general in our area and make this a hospitable area for these people when they are here.
And let them know we are interested in this business, and it is a great business and it is
business that will garner more business in our area and will definitely make us
37 March 29, 2001
international, and will also help us compete with Hollywood and with France and with
other countries throughout the world. This world as the United States, to be able to
garner this and this is the time to do it.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Mr. Chairman, this is one of the many industries that we have
truly not tapped into. The reason why this is in front of us is because it plays a
paramount role in providing that we be able to showcase Miami as an area that people
can come and produce their shows, their novelas, their productions. Right now I did not
have the proper information. I requested it. I didn't get it on time. I wanted to know how
much the City was making on permits, pertaining to, you know, shots of film and stuff
like that? We have not tapped into this. This is an industry that could provide jobs to our
community. Many, many, many jobs to our community that we need. So, it's was very
important for us to have this in front of us and I would yield now to any one of my
colleagues and then I would make a motion to the City Manager.
Commissioner Regalado: I would really make a motion, Joe. I think that the City is not
making any money on the permits. It's something that I think, but I think that if the City
is making money on the permits, the City should noted make -- be making money on the
permits because what we want to do is bring filming companies to the City of Miami.
The scenery, the upper Eastside is one of the favorite places to film for sitcoms and
network programs, also movies. The waterfront. What it means, we just do not
understand what two days of filming means for the City of Miami. They'll bring a whole
crew; they'll take several hotel rooms; they'll bring their caterer; they'll bring -- they hire
a lot of people, local people to work on moving things. I think that a filming of one or
two days for a movie could bring to the City of Miami maybe fifty, a hundred or two
hundred thousand dollars ($200,000) in one day or two days, in expenses. I don't know if
you're going to do this in the Coconut Grove Convention Center.
Ms. Albo: Well, let me go one step further. I think that you guys -- that the Commission
is addressing it from the production standpoint. This event is actually to bring the buyers
and sellers...
Commissioner Regalado: No. I understand. But what I'm asking you is, are you going
to bring this to the Coconut Grove Convention Center?
Ms. Albo: Yes. We will be here from September 3rd through the 5th, and we will be
taking the -- over the whole Coconut Grove area for those days.
Commissioner Regalado: But if you're going to use, I would think that -- I would suggest
that the City co-sponsor this festival and let you use the Coconut Grove convention
Center for this meeting of companies that are coming to Miami. That's what I will
suggest.
38 March 29, 2001
Ms. Albo: Well, I think that's a wonderful suggestion.
Commissioner Sanchez: And, once again, Commissioner Regalado, it's looking outside
the box. I mean, you're going to have people that are going to come to Miami; their
going to stay at our hotels; their going to attract new businesses to Miami, which will
help the renaissance, the economic renaissance of our City, and basically we will be able
to focus on providing -- showcasing every film that's filmed in Miami, that's shown
throughout the world, showcases our City, and that's what attracts people to visit our city.
I understand that the concepts here are two different ones. It's going to be a film where
people are going to come -- but I think one plays a major part in the other because once
they come here an they see that Miami -- once again, getting over the perception -- an one
of the perception was in the development summit that we're holding on the 4th through the
6th is the perception that we're not a friendly development City. Well, that's wrong. And
here, it's once again, we're not a friendly filming City, which is wrong. And these are just
to break the barriers that exist to be able to capitalize, maybe not a year from today or
five years from today, maybe 10 years from today we'll be able to capitalize on an
industry that we have not tapped into.
Ms. Albo: Well, you're absolutely right in what you have certainly just said. And I want
to stress the point very importantly, that while the event, what it does is bring the
business people, meaning the people who put out the money to film, which is something
that we have never hosted coming out of Miami, much less out of our state, gives us the
opportunity to retain that business while it's here in Miami. In addition to making Miami
what it's been aiming to do for some time now, not just serve Latin America as a
Hollywood, but to become more of an international global market and people love to
come to Miami. It's great. I mean, we've got all the resources to make up for a great pair
dies. We just need to have the right attitude.
Commissioner Regalado: I would like to make a motion for the City to co-sponsor...
Commissioner Sanchez: Well, Commissioner, can we have Christina -- Christina wants
to speak on the issue. I think we should hear the City's side.
Ms. Albo: Oh, absolutely.
Christina Abrams (Director, Public Facilities): Hello, this is Christina Abrams, Director
of Conference, Convention and Public Facilities. Listening to the presentation, I wasn't
very familiar with it and it sounds like a very worthwhile event. But this is a for-profit
organization, and I'm concerned if we wave the rent, that we're setting a precedent for
future requests. I'd like to ask the Commission to give us a chance to work with them, to
see how we can partner with them without going to far as to waiving the rent.
Commissioner Regalado: Well, but let me say this. You know, I'm sure that there are
many municipalities that would be very happy to host this conference because what Ms.
Albo says is very important. The people that are going to be here -- and for that matter,
39 March 29, 2001
they could be at the Colonnade Hotel in Coral Gables or the Biltmore in Coral Gables.
Probably, they would like it better -- are the people who produce movies and films and
programs. Producer is the person that puts the money that says what the budget is, and
decides where and when to film. If we try to work with these people that could be
coming here -- I'm not sure -- now, then we can offer them, right here, right now, tours of
probable sites because those producers have in mind for the next three years or four years
what they want to do in terms of films and programs. So, you can do whatever you want.
This is not a waiver. This is investing in Miami.
Commissioner Teele: Commissioner, I don't think any of us are going to not see that
point. I think it's a very valid point. I think what the staff is asking for is an opportunity -
- is this going to be in September?
Ms. Albo: Yes.
Commissioner Teele: I think what staff is asking for is a reasonable request, to sit down
with them and see the best way to go about this. I tell you, there are three or four things
that come to mind. You know, we keep talking about how we can involve MSEA
(Miami Sports & Exhibition Authority) in some of these things. I mean, there are a
whole series of issues that I think we ought to look at before we just basically write the
check. But we come down to the line and we need to write the check, I'm going to be
supporting writing the check. I mean, just -- because I think it's -- we're working against
ourselves. You know, Miami is magic. The word Miami has probably more meaning
than any city in the world, other than Paris or New York. So, I think the staff request to
sit down and work is a reasonable one and that doesn't, in any way, dilute the fact that
you're in the driver seat and you know, bringing it back to us when the staff comes back.
Commissioner Sanchez: So moved.
Commissioner Regalado: Oh, no, no. If I may just a question. You're right. We don't --
we don't need to just write the check right now, but my only concern is about perception
and attitude. See, the City first tells you no, but let's talk. If the City will tell you
whenever there is an idea, yes, and let's talk, it will be different. And it's only one word.
If we want to be friendly...
Commissioner Teele: What's the word.
Commissioner Regalado: Yes or no. When you say no, we cannot do it, but let's talk and
we'll solve it. You can say yes, I think we can do it san let's talk, is the same thing --
you're going to spent the same time talking, but it's about the attitude. I'm telling you that
that's -- that was my point. It was my point. I think that the film industry is the future of
Miami for several reasons. You can film in the City of Miami 10 months out of a year.
Vice Chairman Gort: Twelve.
Commissioner Sanchez: Twelve.
40 March 29, 2001
Commissioner Regalado: Because we -- no, 10. And I'll tell you why. All -- most of the
movies that are done in terms of tropical settings or regular setting have to be filmed in
neutral weather, unless you want winter and snow, then you can't film it here. But when
you want to film, you've got to do -- you've got to go to South Florida.
Vice Chairman Gort: Gentlemen, let me tell you. The motion -- what's the motion?
Commissioner Sanchez: The motion is to direct the City Manager to sit down with
Florida Film Market and work out an agreement.
Commissioner Teele: As amended, to say yes and sit down with them.
Vice Chairman Gort: OK. What I'd like to add to it also, is -- what I'd like to add to it
also is make sure when you sit down, sit down with the DDA (Downtown Development
Authority) because we created specialty districts and we brought in film manufactures
and film producers an Miami Avenue and 15th Street and that's where we have been
creating some of the film industry in that area.
Commissioner Teele: But, Mr. Chairman, the motion would be for the Manager to meet
with them and, in addition to meeting with the DDA, the MSEA, and all other Bayfront
Trust and all other appropriate agencies -- and the reason for this is this: People come in
and all they know is the Coconut Grove Center or they know the Bayfront. They don't
realize the range of resources. We've got a director over there at MSEA who has said one
thing. He wants to turn the old arena into a film industry. I mean, you know, you may
wind up not even wanting to be at the Coconut Grove, with all due respect. So, what I'm
saying is, let us work with you. Let us say, yes, and then try to work with you to do
exactly what Commissioner Regalado is saying.
Ms. Albo: I do appreciate that, and I'm certainly in a good disposition to work with the
City because it's in our benefit to make the work from many standpoints, not just from the
production standpoint, but from the business. And also I sort of want to do a little
rebuttal here because I just met Christina, but she and I had spoken on the phone once
before. This are many, many good partnerships that exist in the United States that are
from private corporations an public, because in this case I have created the event that
benefits Miami, and Miami, then, if they're interested in pursuing, as I can see that you
are, then I could say the question well, what check are you going to write me out to help
you promote your City? So, I think it goes both ways, but nonetheless, I'm very, very
happy to do it.
Vice Chairman Gort: And since we're going both ways, when you make the money, we'll
ask you how much are you going to give this City. That's no problem.
Ms. Albo: Absolutely. Absolutely.
Vice Chairman Gort: We'll work both ways. No problem.
41 March 29, 2001
Ms. Albo: Absolutely.
Vice Chairman Gort: Bob, you want to make a statement?
Robert Parente: I wasn't prepared to speak about this. I happen to be here for another
issue. But I have thirty...
Commissioner Winton: So, you don't really have to.
Vice Chairman Gort: OK. You don't have to. We all approve it.
Mr. Parente: Well, but I want to back up what Christina said, and I'd also like to let this
young lady know that I subscribe to the Florida Film Quarterly. I get the thing from Jeff
Peel (phonetic) every month, and I'm a veteran producer in this market. I don't do
features. I do the ground work, the corporate and commercials, but I can tell you that
there are a lot of your colleagues who know nothing about this. Nothing. It's not on the
radar screen and it sounds like a great idea. I'm a veteran of the Miami film industry and
we've done several markets like this, and I can tell you that they don't always work. It's a
great idea. I don't want to throw -- put water on your idea but you need to go back, work
with staff, make sure it's a non -for-profit thing that...
Ms. Albo: Well, it's not a non -for-profit thing. It's ...
Vice Chairman Gort: Excuse me. Excuse me. I'm not going to have a debate in here,
OK.
Commissioner Teele: Come on. We don't need that. Jesus.
Mr. Parente: OK. But, please, I think what Christina has said is very important and let's
work that way.
Vice Chairman Gort: You get together -- well, you get together -- you're an expert in this.
Get together with her and whatever advice you can give, it will be welcomed. Thank
you. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
42 March 29, 2001
The following motion was introduced by Commissioner Sanchez, who moved its
adoption:
MOTION NO. 01-274
A MOTION APPROVING REQUEST MADE BY ROSEMARY ALBO,
A REPRESENTATIVE FROM FLORIDA FILM MARKET; FURTHER
DIRECTING THE CITY MANAGER TO MEET WITH MS. ALBO TO
FACILITATE HER EVENT SCHEDULED FOR SEPTEMBER 3-5,
2001, TO PROMOTE FILM INDUSTRY IN MIAMI IN
FURTHERANCE OF APPEALING TO THE INTERNATIONAL FILM
MARKET; FURTHER DIRECTING THE CITY MANAGER TO WORK
OUT AN ACCEPTABLE AGREEMENT FOR USE OF A CITY
FACILITY IN CONNECTION WITH SAID EVENT BY
COORDINATING A MEETING WITH REPRESENTATIVE (S) OF
FLORIDA FILM MARKET, THE DOWNTOWN DEVELOPMENT
AUTHORITY, MIAMI SPORTS AND EXHIBITION AUTHORITY,
BAYFRONT PARK TRUST, AND ANY AND ALL OTHER
APPROPRIATE AGENCIES.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
43 March 29, 2001
Commissioner Regalado: And the last thing, Mr. Chairman, is a resolution expressing
the deepest sympathy and condolences to the family and friends of Antonio "Tony"
Alvarez, who recently passed away. He was one of the most TV stars and singers.
Vice Chairman Gort: Resolution of condolence.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 01-275
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
FAMILY AND FRIENDS OF ANTONIO "TONY"ALVAREZ, UPON
HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
44 March 29, 2001
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: It's 11:10 and we really need to try to get the order of the day back.
Vice Chairman Gort: Yes.
Commissioner Teele: I will -- if I could, I wanted to go very quickly down three or four
issues that as bullet, just for update, but a number of the people that are here appear to be
here on Item Number 12, just looking through the room, and it is my hope that the
Commission will entertain at least a deferral of Item Number 12. I support item number
11, that is the three million dollars ($3,000,000), but what I would like to do is move that
Item Number 12 be deferred to the next meeting, and allow the Chief to come in and give
us some statistics, crime statistics by neighborhood, issues that Commissioner Winton
and others are talking about, because I really do think that we've got to look at how we're
targeting our dollars consistent with the concerns of Mrs. Ayers and others, so, with all
due respect, I would move to defer Item Number 12 to the next meeting, and allow that
item to be brought up as the first item of the next meeting, along with a report from the
Police on how the targeting of crime; where crime actually exist; the issues that
Commissioner Winton were going to about shifts, an how we're really handling the shift
changes in operations to get to many of these issues, and how we can use the Law
Enforcement Trust Fund to support the sup presentation of crime, not based upon -- but
based primarily upon where the crime is and that would be my motion, to defer Item
Number 12.
Commissioner Winton: Second.
Vice Chairman Gort: There's a motion to move and to defer. Any further discussion...
Commissioner Teele: To the next meeting and have it come up as the first item.
Vice Chairman Gort: Be in two weeks. It will be back in two weeks. All in favor state
by saying "aye."
The Commission (Collectively): "Aye."
45 March 29, 2001
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-276
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12
(PROPOSED FUNDING FROM LAW ENFORCEMENT TRUST FUND
(LETF) IN AN AMOUNT NOT TO EXCEED $499,992, FOR
EIGHTEEN EDUCATIONAL, RECREATIONAL AND
DEVELOPMENTAL YOUTH PROGRAMS IN AMOUNTS OF
$389,992 AND $110,000 FROM VARIOUS LETF PROJECTS) UNTIL
THE NEXT COMMISSION MEETING, AS FIRST ITEM ON THE
AGENDA; FURTHER INSTRUCTING THE CITY MANAGER TO
DIRECT MIAMI POLICE CHIEF RAUL MARTINEZ TO PROVIDE
CRIME STATISTICS BY NEIGHBORHOODS WITHIN THE FIVE
DISTRICTS ALONG WITH A PLAN TO FIGHT CRIMINAL
ACTIVITY AND A PROPOSAL FOR LETF FUNDS TO
SPECIFICALLY TARGET THE IDENTIFIED PROBLEM AREAS.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Sanchez
46 March 29, 2001
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Now, on the items that are in the district, very quickly. I would
like just to get a quick briefing regarding where we are on the 55t Street lot that we
instructed -- that the parking lot be constructed on the City owned property, and I know
that Public Works has been working on that. Also, I would like to bring up very quickly
the Little Haiti parks problem, and ask that the Manager look at several things, an then,
finally, I would like to bring up the issue of the parking surcharge and to see if the
Commission is in a position today to instruct the Attorney to develop a resolution
supporting the parking surcharge legislation, specifically, and making that resolution
available to all of the legislators, as well as the persons that are collecting that fee. Mr.
Director, the 55th Street parking lot there on that City property.
John Jackson (Acting Director, Public Works): Good morning. John Jackson, director of
Public Works. Yes, Commissioner. We have started the design effort. We've asked for
a -- we need a survey of the property to start with, and we also need some soil data to our
percolation test so we can work on the drainage.
Commissioner Teele: Mr. Jackson, can you just tell me how long it's going to take to
construct the parking lot? Please keep in mind that I just got out of the hospital from
inspecting parking lots at the CRA (Community Redevelopment Agency), so I know a
little bit about parking lots now, more than I want to know. How long is it going to take
you to get that parking lot built, sir? It takes about four hours to survey. And do the soil
samples takes about equal amount of time.
Mr. Jackson: You know, it hasn't been designed yet, but I would say that by June, we --
you know, we should be under construction.
Commissioner Teele: Let me help you with one thing. We are buying off of a City
contract, off of your contract, and we've had a very positive experience with CADD
Engineering in designing parking lots. They're about three percent too high. They try to
charge you 12 percent. We told them down to 8 percent, but all you've got to do is just
look at your own contract list there and you can get that done and you can have that
parking lot designed within about three weeks at the most, if they get that instruction.
Has anybody been instructed to design it yet?
Mr. Jackson: No. It was intended that Public Works, that we would design it, but we'll
be glad to have an outside firm.
47 March 29, 2001
Commissioner Teele: Well, if you want to do it in-house, fine. But can you just tell me
how long it's going to take to do it? Mr. Manager, I apologize.
Carlos Gimenez (City Manager): Sir, if -- I'm in favor of expediting things as much as
possible. It's going to take until June (inaudible) in-house, and then we're going to do this
in three weeks -- start construction in three weeks, I'll certainly direct the Public Works to
(inaudible) outside and get it done.
Commissioner Teele: All right. The only issue there is that we're also looking at a street
designation and the only unique feature is that we said that we would reserve some part
of that lot as a designation for a memorial for the lady who died, who was a great
professor and principal of a school there, I think, on 55`h Street. It's Barlow; I believe it
is.
Mr. Jackson: OK. We will consider that, too.
48 March 29, 2001
Commissioner Teele: Mr. Manager, the other issue that relates to the district is this whole issue of a Little
Haiti Park. Congresswoman Meek has expressed an interest in being of help. The "Y" has expressed an
interest in being of help. The County has expressed -- some of the County Commissioners have expressed
an interest. I think everybody recognizes the problem. I think it's very doubtful we're going to get the
money from Tallahassee. Can we think in terms of creating a working group on this Little Haiti? Because
a lot of people are involved. And candidly, we're working against ourselves. About five different people
have gone to the logical site, one of the logical sites. So now, the price is going up every time the people
come ask them about it, you know. And it's a lot of good, good intentions sort of going awry. And we
need help with Asset Management. We need help, you know, with our land people, et cetera. So I'm
requesting that we think about it, work -- putting together a working group and begin a process that would
be headed through the Parks Department, if you would consider that.
Carlos Gimenez (City Manager): Yes, sir. Will do.
49 March 29, 2001
Commissioner Teele: And finally, Mr. Chairman, going specifically to the issue of Mrs.
Ayers. You'll recall, particularly, Mr. Chairman, three years ago we set aside two
hundred and -- Mr. Manager, I want you to hear this. We set aside two hundred and fifty
thousand dollars ($250,000) for the Little Haiti area, for job creation. Little Haiti is
Lemon City, and the Buena Vista area, et cetera. I'm going to bring up a pocket item
because that thing has gone around and around and around because I think it's very, very
clear that we have been banking about -- we should have banked about six hundred and
fifty thousand dollars ($650,000) or so against that one million dollars ($1,000,000)
commitment we were setting aside. I think it was two hundred thousand or two hundred
and fifty thousand a year, and it went -- when we had a director of Economic
Development, a permanent director, it went to that director who had had a lot of
experience in this. I think that was Erdal, and it has sort of been bouncing around
between planning and this other -- and I'd like to just basically, in direct response to what
Mrs. Ayers has raised today, to come forth with resolutions providing for some direction
to move forward on putting some of those dollars out for bid in that Little Haiti area for
job creation and job expansion. Consistent with the discussion of the Commission at the
time it was done. I'd like to make sure that Commissioner Winton is provided a transcript
of that discussion so he has the legislative intent in his -- and Commissioner Sanchez,
because I think that was done before Commissioner Sanchez came as well. So, I'll be
coming back to you with that today.
Carlos Gimenez (City Manager): Yes, sir.
Vice Chairman Gort: OK. You're not making a motion now, then?
Commissioner Teele: No.
Vice Chairman Gort: OK.
50 March 29, 2001
Vice Chairman Gort: Item 2
Carlos Gimenez (City Manager): Mr. Chairman, the administration would like to defer
until the next meeting, Item Number 22.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: Which item?
Commissioner Sanchez: Which item?
Mr. Gimenez: Twenty-two.
Vice Chairman Gort: Twenty-two. OK.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying
"aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-277
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 22
(DISCUSSION CONCERNING ARTHUR ANDERSON, LLP,
INFORMATION TECHNOLOGY STRATEGIC PLAN) UNTIL THE
NEXT COMMISSION MEETING
Note for the Record: Per Resolution 01-283, both Commission meetings
during the month of April were combined into one meeting presently
scheduled for April 26, 2001.
51 March 29, 2001
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
52 March 29, 2001
Vice Chairman Gort: Item 2. Authorizing execution of amendment to Grove Harbour
Isle.
Lori Billberry (Director, Asset Management): Lori Billberry, Director of Asset
Management. The item before you is during the time after we leased the property to
Grove Harbour, we discovered that some of the submerged lands were state owned, so
part of what we're doing here is to amend the lease term so that the lease term for the
property that we're leasing from the state and the property that we got a waiver of the
deed restriction that the term of those coincide. The state had granted only a 20 -year
term with a 20 -year option, as opposed to the Grove Harbour lease, is a 40 -year term. So,
they would still retain a 40 -year term on the up land and this would affect only the
submerged land portion. This would also amend the conditions precedent to just outline
what we have -- the steps we have taken with respect to getting also a submerged land
lease, and a Butler Act disclaimer. It modifies the terms of payment to the state.
Presently, Grove Harbour pays during years one and two; all moneys that are due to the
state and then the City would pay the first fifty thousand. This amends that the City will
pay only the first forty-seven thousand two hundred commencing in lease year three.
And, lastly, it provides an acknowledgment by the parties of the terms and conditions of -
- that are provided in the waiver of deed restriction and the submerged land lease
provided (inaudible) the state.
Vice Chairman Gort: OK.
Commissioner Winton: Mr. Chairman,
Vice Chairman Gort: Commissioner.
Commissioner Winton: I'm fundamentally in favor of this amendment to the lease.
However, I've looked at these documents carefully and I'm trying to -- you know, this is a
major project for our community. It's also a project that's been in the works forever.
How many?
Commissioner Sanchez: Five years.
Vice Chairman Gort: Five years.
Commissioner Winton: So -- forever. But as you look at the -- this -- the biggest part of
the project is marine related. That's the biggest component of this project. When you
look at the development team, the development team has limited experience in marina -
related issues. Now, they have a -- one of their partners has a 10 percent interest in this
deal and he's the guy that has the marine industry experience. So, this guy is crucial to
the development here, and we all know that in the world of development and the
53 March 29, 2001
management of development, if you don't have appropriate expertise -- and this is joint
venture between the City and the developer -- if you don't have the appropriate expertise
at the table from day one, then projects never get where you want them to be. So, this
component -- there 's a gentleman named Robert Christoff, who really only owns 10
percent of the overall project. He's the guy with the marine related experience. And in
looking at the lease document, I don't think we have the appropriate controls that we want
over what happens with this guy. So, what I'm going to recommend is that we actually --
that which defer this item; bring it back, and I will support this item when it comes back.
But I want to get language added into the lease that's will require that the developer -- the
development team get the expressed approval of the City for any change in the status of
the key person on the marine side, which is Robert Christoff, is that if he is -- an
partnerships are bought out, traded out all the time. We don't want this partner bought
out without our expressed written consent, number one. We don't want his
responsibilities to be modified without our expressed written consent. And, secondly, we
want -- the City Commission wants the right to approve, if we give the approval for
Robert Christoff to step away for whatever reasons -- and there could be good reasons for
that -- we want the right to approve the replacement that's going to be an expert in is the
industry, and failure to provide -- failure to accomplish those objectives would put the
leasee in the fault of the lease, and that's the kind of -- that the general language that I
would like to get put in this, so that we're assured as this projects moved forwards, that
the guy with the most expertise on marine related issues stays a part of this team and we
can have a successful project.
Commissioner Teele: Second the motion. Mr. Chairman, for discussion.
Vice Chairman Gort: Moved and second. Discussion.
Commissioner Teele: Mr. Chairman, first of all, I don't know if you've discussed,
Commissioner Winton, with the City Attorney your concerns. I'll yield immediately to
you on matters of development, but on matters of law, I'm going to yield to the City
Attorney and -- and while the City Attorney is considering this, let -- let me tell you,
Johnny, what the concern that I have with what you said. The problem, again, is us, the
City. If we have a project that we're putting out to bid and we don't wait, the evaluation
of the team, based upon what is the essential component of it, then shame on us, not
shame on the successful offerer, and what I don't want to do is do anything to hurt or to
put a cloud over the successful offerer who came before this Commission, maybe not be
an maybe not you personally, an got the approvals, OK, because a deal is a deal, and even
if you change the CEO (Chief Executive Officer) of the corporation, the corporation is
the bound to the deal, and I -- I do think that we have to be careful that we don't try to
change the deal that the City has negotiated with the successful offerer. Now, the words
that you say that are operative, is that this is a very vague agreement. So, arguably,
anything that adds substances, either going to help clarify it or it's going to change the
deal. It's an equal argument either way, depending upon whether you want it. But I use
this as a springboard to say this. Do you remember when we started this discussion about
Watson Island and the document? You remember the title of the document never even
said marina?
54 March 29, 2001
Commissioner Winton: Right.
Commissioner Teele: OK. And that's what I was leaping all over, the fact that it's
misleading what it is we're doing. You see, we have to make sure that what we and the
staff are doing are consistent with what it is we think we're doing. This Grove Harbour
lease is a marina deal, just like you said, as I read it. But when you get into it, it's not
clear at all. The Watson Island deal, as far as I'm concerned -- at least my understanding
that we were trying to do -- was a mega yacht, but it didn't say that. And that's why I kept
saying in that; I want to approve the evaluation criteria and the waiting, which was
suppose to come back to us. I don't know when it's coming back, Mr. Manager. Mr.
Clerk, could you pull up that thing off the -- and let me see what our instructions were to
the Manager? But, again, if we don't take our time and get these things right, they wind
up haunting us. And so, I only say to you, this lease agreement gives me a lot of
concerns about where we are with Watson Island. I'm going to tell you that right now.
Because we need to make sure we do this Watson Island thing right. And we need to
ensure that we don't make whatever mistakes we're making here or that have already been
made here, that we don't replicate those mistakes over there, and I yield to you, as the
expert in development, but as it relates to RFP (Request for Proposal) and RFQ (Request
For Qualification) and this -- I know when something is almost fatally flawed, and that
document that we received before was fatally flawed with the same flaw that this thing
has, and it doesn't really say what it is we're trying to get. And if we don't have -- if we
didn't have in the bid document the things that your saying, Mr. Attorney, if we didn't
have in the bid document that things that Commissioner Winton is saying, I don't know
how much legal standing we have now, and that's the question to impose that as a term of
the lease agreement, if we didn't write it into the bid document at the point in time that it
went out. And, so, maybe you want to consider this, Mr. Attorney, in that it's going to be
deferred; maybe you'd like to confer with Commissioner Winton, in that it's going to by
deferred.
Alejandro Vilarello (City Attorney): Perhaps, I can...
Commissioner Winton: Or both.
Commissioner Teele: Or both. And I'm not asking you for a question on the record now,
that locks us in, because I really think the is something Commissioner Winton is raising
and you ought to discuss it with him, one on one, before you opine an opinion, but I put
on the record that I think the time that the Commission need to get into these things is
when the bid document is being prepared, not when the -- after the award of the doc --
after the award of the successful offerer has been presented.
Commissioner Winton: Couldn't agree with you more. But the fact of the matter is, none
of us had that opportunity. So, this is our only opportunity and our last opportunity, and I
wish it were done differently. If it would have been done differently from the get -go, this
thing would have been completed three years ago.
55 March 29, 2001
Mr. Vilarello: Mr. Chairman.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Mr. Attorney.
Commissioner Sanchez: It's open for discussion. I have some legal questions that I'd like
to ask the City Attorney, based on his legal opinion issued on March 16th, 2001.
Commissioner Teele: March what?
Commissioner Sanchez: March the 16th, 2001 was the legal opinion that I received from
the City Attorney, and based on your legal opinion, was a review of the RFP; is that
correct, Mr. Attorney?
Mr. Vilarello: We reviewed more than the RFP, the whole UDP (Urban Development
Project) process up through the issuance of the RFP and the award of the agreement by
the City Commission.
Commissioner Sanchez: Did the Department of Real Estate and Economic Development
participate in the process?
Mr. Vilarello: Well, it towards the end of the process, I don't believe there was that
department at the beginning of the process.
Commissioner Sanchez: Because there are...
Mr. Vilarello: Essentially, the departments -- I mean, the City Manager was involved or
the offices of the City Manager are involved throughout the whole process.
Commissioner Sanchez: Well, here's a question. Does the lease require a compliance
with all applicable federal, state and local authorities and Code?
Mr. Vilarello: Yes, sir.
Commissioner Sanchez: And any agency jurisdiction in the property -- over the property,
correct?
Mr. Vilarello: Yes, sir.
Commissioner Sanchez: OK. Now, one of the issues that I read through your opinion
was -- one of the concerns was the withdrawal of one of the three proposals that was
turned -- and then -- so did another one called Atlantic Clipper Foundation, that also
withdrew its proposal; is that correct?
56 March 29, 2001
Mr. Vilarello: One of the three proposers withdrew. I believe in the initial opinion, I
issued a corrective one, that Grove Harbour and (inaudible) in the Grove were the two
that were left for the City Commission's consideration.
Commissioner Sanchez: So, under the plain meaning rule, the Charter requirements in
questions were met?
Mr. Vilarello: In my opinion, yes.
Commissioner Sanchez: In your opinion. That's the legal opinion you gave me, as well
as the other Commissioners. Does the submission of the proposal satisfied the proposal
or intent of the subject Charter requirements? Does it meet all the requirements?
Mr. Vilarello: Yes, in my opinion it does.
Commissioner Sanchez: No further questions.
Vice Chairman Gort: The question asked by Commissioner Teele, is this in compliance
(inaudible) requirements making of the -- Commissioner Winton is making. Is that
possible?
Mr. Vilarello: I think Commissioner Teele went off to some other issues, which were
generally addressed by Commissioner Sanchez, which -- the process was a proper
process followed, yes, it is. And Commissioner Teele also indicated that the lease does
have some vague areas in it that allow for a level of discretion to allow for an agreement
which can be financed, which is profitable to the developer and can be developed. And
that discretion is in the agreement that's -- that we've entered into is generally placed in
the hands of the City Manager. Proposals information, specific descriptions of the
development are reviewed and submitted to the City Manager and reviewed and approved
by the City Manager. Commissioner Winton's question was a little bit different. It
related to the transfer or removal of individuals who were critical to the Commission's
award of the agreement, including Mr. Christoff, who is a member of a corporation which
-- an owner of a -- a partial owner of a corporation, which comprises 30 percent of the
entire corporation of Grove Harbour. The agreement -- the lease provides that there shall
be no transfers of owners over the first five years of the operation of the lease. And does
in fact provide that any substitutions of critical people are subject to the approval of the
City Manager. If the City Commission wishes that kind of review to come to it, that's not
what the lease provides for. It does provide that the City Manager can approve an
acceptable alternative operator of the facility. I don't know if that addresses your issues...
Vice Chairman Gort: That is already included.
Mr. Vilarello: That's as written.
Carlos Gimenez (City Manager): Yes, sir.
57 March 29, 2001
Commissioner Winton: Johnny could you.
Commissioner Sanchez: Johnny, could you yield so I could finish -- because I directed
the opinion of the attorney. Here's a concern that I have based on the point that
Commissioner Teele's making, and the motion that was made by Winton. You know,
you can change the rules in the middle of the game, and one of the concerns that I have is
that based on this RFP and the other RFPs that are going out and soon more -- there
would be going out, and the City hosting a Development Summit April the 4th through the
6th, which we want to attract investors to come into the City, I think that it sends a bad
vibe, you know, that the process here takes too long. This project has been on for five
years. I mean, when we got here -- I didn't have anything -- I don't think that maybe --
maybe Commissioner Gort was the only one that was here when this project was here.
But, you know, it's five years in the making; there's been a lot of argument; it's an issue
that, somehow or along the way, I think either side is going to probably in litigation, but
that's irrelevant in this argument. And, you know, it's just the bad vibes that we're
sending out when we continue to not come to an agreement, because I fully agree that we
have to make sure that the rules are there for to protect the best interests of the City, but
it's just, you know, it's -- you can change the rules halfway during the game.
Commissioner Winton: But, Commissioner Sanchez, what you have to remember -- and
I've really not wanted to say this, but the fact of the matter is that there was a lot of
monkeying with the rules when this thing was done to begin with, and we weren't here,
but there was a lot of monkeying with the rules. And I don't want to revisit that. I'm not
interested in revisiting it. I'm simply saying that the last opportunity we have for making
sure that this deal gets done the right way -- because we've had no opportunity in the past
to do it. Our only opportunity and our last opportunity is now, and, so, I want to make
sure, before I'll willing to vote on this, that we get the right thing done and we don't have
to revisit it number one, an number two, when we look at it a year from now or two years
from now or three years from now, we have an opportunity to look back on real success
an not stand up here and say, man, did we blow it because we did have an opportunity
that we had never been presented with before and we didn't take advantage of that
opportunity, and that's all I'm saying.
Vice Chairman Gort: Commissioner Winton, but my understanding is -- and that was
from the original contract that no one -- they cannot change ownership because at one
time they were trying to change ownership and this Commission did not approve it and it
did not come in front of us; am I correct, Mr. Attorney?
Mr. Vilarello: Commissioner, there are provisions in the lease, as written, that allow for
the transfer of ownership. It's under very specific circumstances, which I can detail for
you, which include...
Commissioner Winton: Well, frankly, I would rather follow Commissioner Teele's
direction, and that is, I want to make sure this is right. Let us spend the time. We don't
have to take everybody's time up here. This is only one component part of the whole
series of components that has to get done, so -- san I'm going to support this when it
58 March 29, 2001
comes back, if we get this stuff cured. So, I would like to spend time with the City
Attorney after this meeting, and we can go through what the issues are and be protected.
So, I have a motion to defer.
Commissioner Regalado: Yeah, I've got to say something. I think that, first of all, no
one here wants to delay or derail this project. We want it; we want to do it right, and we
want to be a success. Second, I don't think that the Commission should take the brunt of
delays because what we're doing here, what we're delaying here, it wasn't our fault. It
was the staff s fault that they didn't know that we didn't own the bay bottom, and now we
get into this situation of the 20 years and the 40 years. That's why -- and I really agreed
with Commissioner Teele that, you know, we've got to be really careful in doing
whatever we want to do in Watson Island. First of all, because we need to know what we
want and not what anybody thinks that they can do. Second, because I'm getting mixed
information on Watson Island. The City Attorney is telling me one thing. Dena told me
the other day another thing. FDOT (Florida Department of Transportation) is telling me
another thing on some issues that are in Watson Island. FDOT apparently does not agree
with you, Dena, but that is another thing. But what I'm trying to say is that we really
have to be very careful, and I really just want to say that I've tried to get information on
this project. I sent several memos to the Manager. It took days and days and finally, I
got one page. I sent another memo, Mr. Manager, and I what I got from you is a
photocopy of the same page that you sent me before. If you all want to rush this through
-- because it needs to be done or because, you know -- this project. Because I requested
information...
Commissioner Teele: You're talking about Grove Island?
Commissioner Regalado: Yes, I'm talking about Grove Harbour. And I think we all
want to do it and do it quick and do it right. But I really recent the fact that I haven't
gotten the information that I requested on time and with details, and I just hope that, in
the future, if you all want to defer this, -- I was told by the City Attorney that this is not a
problem to vote for. I will support this. I ask him. I got response from the City
Attorney. I will support this item, whenever it comes, but I think that, for the other
issues, first of all, I think that we should have the other issues resolved when it comes to
us, not -- so we don't have to delay and defer this anymore because we are being faced
with a lot of problems between some members of the community and the developers, and
I think that if they get together, they will resolve that because everyone wants that
project. And I just hope that we get it but, meanwhile, I would really like to get more
information when the -- I need that.
Vice Chairman Gort: Gentlemen, we'll hear from you in a minute. But I think the -- one
of the things we need to do -- and my understanding is, one of the reasons this was
delayed was because they had some unknown facts about the state in dealing with the
state and that took about two years. So, we have an RFP going out, we should look up all
the pros and cons to make sure that we -- we find out, my understanding, later on that we
did not own the property; the state owned the property, so we have to go through a
process that delay this whole thing for two years; am I correct?
59 March 29, 2001
Commissioner Teele: You know what, though, somebody needs to put on the record --
because I really don't know. I'm hearing all these guys whispering. One guy says we
sold some land that we didn't own; somebody says it was in -- why don't you give us a
statement of what the problem is. Because I really don't know why we have this issue,
the bay bottom issue. That's what we're all trying to figure out. I wasn't here.
Vice Chairman Gort: That was taken care of.
Commissioner Teele: Well, it was taken care of, but I don't know what the problem was.
I want to know: was the bay bottom in the RFP that went out, that they bid on, and, if so -
- was it?
Ms. Billberry: Yes.
Commissioner Teele: Then we did sell land that we didn't own. We did offer the use of
land that we did not own.
Ms. Billberry: It was not known -- Lori Billberry, again, Director of Asset Management.
It was not known at the time that the RFP was issued -- because unless -- in the title
work, when you put out that legal description, it only comes back with two deeds that are
City -owned. It was when it was mapped that it was discovered that there is a line
between the U.S. Harbor line and the physical bulkhead that the City did not own and
was indeed submerged land, even the state, for all these years, never new that it was not
theirs. I mean, that it was theirs. Excuse me.
Commissioner Teele: Lori, the question that I want to make sure we deal with is not a
problem that we had. What we want to do is make sure we don't replicate problems in
the future.
Ms. Billberry: I fully agree.
Commissioner Teele: Let me tell you the problem that I have with what Commissioner
Winton said -- and I'll put it on the record -- Commissioner Winton made certain
statements that I'm in total agreement with, but I don't know if they're contained in the
RFQ or the RFP. For example, he says that the marine component of this is key. The
word he used was key. But does our RFQ or RFP say that the marine component is a key
component? Those are the issues that I think we need to make sure that the lawyers and
Commissioner Winton are all in agreement with, and what I'm more concerned with in
this project are the other projects that we're looking at -- because I think the City
Attorney, at this point, should be the person that we hold accountable for making sure
that boiler plate language are clear language that protects the City's interest, is inserted in
all of these documents that are similar. For example, we need to say in the document that
we view in this Watson Island, that the marine operator to be a key and that we will not
allow the transfer or the sale or whatever of this marine component without the approval
of the City Commission. You know, which shall not be unreasonably withheld or
60 March 29, 2001
whatever proper language, but it's very clear to me that we all are saying the same thing.
It's not that we don't trust the Manager. It's just that if it has to come before a public
hearing -- in fact, it should perhaps even say in a public hearing that the transfer shall be
acted upon by the Commission in a public hearing. That puts everybody on notice that
this is not a marketable, you know, uniform commercial code kind of right that you can
sell down the road because, quite candidly, a lot of companies use other companies to go
out and market and buy these deals with the goal of purchasing them back, you know,
because they don't want to get their good name on the record. I mean, that's just the
normal business practice, and I'm not suggesting that that's at all happening here. But I
think Commissioner Winton makes one hundred percent correct arguments on this. What
I want to make sure is that, in no way, are we renegotiating the deal or that we're
changing the deal after the award of the agreement was made. So, within the context of
supporting Commissioner Winton, I want to do that. But I also don't want to change and
provide an undohardship on the successful offerer or the apparent, you know, successful
bidder.
Dena Bianchino (Assistant City Manager): Commissioner could I -- two things. One is,
in response to your question regarding the RFP for Caribbean Marketplace, it was clearly
stated in there that a marina was a major component of the project. There was a memo
sent to all the Commissioners from the City Attorney with an attachment that gives you
the -- what was in the RFP, the proposal, and I think you all got that in March. Secondly,
if the Commission would so direct us, normally, we would negotiate the transfer issues of
a lease after the developer is selected, and we do it in a lease. If you would like, we
could sent an addendum on the Watson Island RFP stating what you just stated, so it's
very clear right now, that there is no selling, there is no transferring, that the principals
have to be in...
Commissioner Teele: But I thought you all were going to come back us with a Watson a
Island RFQ and present that to us.
Ms. Bianchino: Sir that was presented to the Commission.
Commissioner Teele: Huh?
Commissioner Regalado: They already sent it.
Commissioner Teele: What do you mean sent?
Commissioner Teele: They presented it to us. We had them to make certain changes and
they said they would come back to us.
Dena Bianchino (Assistant City Manager): No. No. The Commission approved the RFP,
Commissioner. It's out.
Vice Chairman Gort: We approved it. But the one thing that we did is, we went
(inaudible).
61 March 29, 2001
Commissioner Teele: Did I vote to do that? Did I vote?
Vice Chairman Gort: Yes, sir. We -- the one thing we make sure is that the mega marina
yacht was the number one -- it was the main concern of that development. Let's hear
from the...
Commissioner Regalado: Excuse me, Mr. Chairman. I really have to go on my TV
program. But is there -- Mr. City Attorney, is there another item related to this that we
have to deal with it today or has been deferred, too?
Commissioner Teele: Nothing has been voted on.
Commissioner Regalado: No, no. On the Grove Harbour, on the zoning part.
Mr. Vilarello: With regard to the lease? If -- Commissioner, if I could try to keep the
record when we conclude this item, I'd like to address that issue.
Commissioner Regalado: No, no. I'm just asking because I've got to leave.
Commissioner Teele: It's not going to come up until after 3:00. No zoning items come
up until after three.
Mr. Vilarello: Commissioner, with regard -- this is one of the things I did not want to do,
which is to mix the business issues ...
Commissioner Regalado: No. I understand that. I'm just ...
Mr. Vilarello: However, I think I can inform you that there has been appeal of the zoning
administrator's decision on PZ -28 -- 30, which is related to this development.
Commissioner Teele: That will come up around 9:00 tonight.
Mr. Vilarello: And that -- as a result of that appeal, all proceedings consistent with that
item are stayed. It has to go back to the Zoning Board for consideration. So, that item
will not be heard by the City Commission today.
Commissioner Regalado: OK. Mr. Chairman, I've got to leave. But are you going to
vote on the deferral issue or you're going to listen to ...
Vice Chairman Gort: Let's vote on it, but let's hear a little minute from the -- yes, sir.
Antonio Zamora: Yes. Commissioners, thank you. My name is Antonio Zamora. My
address is 201 South Biscayne Boulevard, Suite 2500, Miami, Florida. I'm an attorney. I
am registered as a lobbyist with the City Clerk, and I'm here representing Grove Harbour
Marina and Caribbean Marketplace, LLC. There are a few points that I need to make to
62 March 29, 2001
need to make to clarify the issue, and then I will allow Lucia Dougherty, my co -counsel
to address the Commission. First of all, as to the concern that Commissioner Winton
expressed, there is no requirement in the RFP that the ownership of the companies
bidding the RFP have any marine related experience. In fact, the two other proposers
have zero marine related experience in the ownership. None whatsoever. In our case...
Commissioner Teele: Well, that's inconsistent with what the City Attorney just told me.
He said that there was a requirement that they be key. I used that word key.
Mr. Vilarello: Mr. Zamora said RFP. I was referring to the lease.
Mr. Zamora: But if you allow me to continue...
Commissioner Teele: I talked about the RFP.
Mr. Vilarello: The lease requires it.
Commissioner Teele: I spoke to the RFP.
Mr. Vilarello: The RF -- the agreement -- the lease that we have executed has a condition
limiting the transfers of key ownership for the first five years of operation.
Commissioner Teele: I want to say for the record. I spoke to the RFP, not the lease.
And when I said this, I said you need to make sure that there is boilerplate language. I
didn't say in leases, but in RFPs to protect us against this kind of foolishness. Because
this is -- I mean, you know, it's very clear what Commissioner Winton is saying is
correct. The marine component is key. If the RFP never even said that marine is
required, if this man is on the record correct, saying that...
Mr. Zamora: No, I haven't said that.
Commissioner Teele: Huh?
Mr. Zamora: I haven't said that. If you allow me, I will explain. You cut me off in the
middle of what I was following through. There is no requirement in the RFP of this
project that the ownership have marine related experience. And, in fact, the other two
proposers had none, none whatsoever. In our ...
Vice Chairman Gort: In other words, the RFP says you have to have marina used ...
Commissioner Teele: But it could be a subcontractor.
Vice Chairman Gort: Right.
Mr. Zamora: No, no. Let me -- if I may explain. What is RFP requires is that the project
proposers have consultants or have individuals in their employment that have marine
63 March 29, 2001
experience, and that's what the other two proposers did. They had agreements with
individuals who had marina and companies who had extensive marina related experience,
and that's what the RFP said, and that's what was a part of the RFP. In our case, we have
probably more than 20 percent ownership of marina relate. The other two have
absolutely none. We have also a 10 -year agreement, a consultant agreement,
Commissioner Winton, with Robert Christoff, and he's acting as our consultant. There is
a marketplace as part of this component, and this is a very similar situation. It's the ...
Commissioner Teele: (Inaudible).
Mr. Zamora: It's been in place for two years already or a year and a half or so.
Commissioner Teele: So, it's not 10 years from the operation, but 10 years from...
Mr. Zamora: No. It's been from the beginning. It's from the date of the lease, actually.
From the date of the lease.
Commissioner Teele: How many years have already gone?
Mr. Zamora: One and a half, something like that.
Lucia Dougherty: Two years (inaudible).
Mr. Zamora: Two years, maybe. Yeah. The marketplace does not require -- and that's
an important component of this project -- does not require that there be any ownership
expertise in marketplaces. We have a consultant, Mr. Aaron (inaudible), who is a very
well-known nationally recognized expert on this, and this is the way the RFP handle.
And as Commissioner Sanchez said, you know, you can't change the rules after five years
and say, now that we need to have ownership in the -- marina, but we do have more than
20 percent ownership. That's part -- the first point I do want to make. The second point I
want to make is this. This project has been in delay now for probably two years or more
than two years. The delay was caused by the submerged lands issue, primarily. The
submerged land issue had nothing to do with us, and, in fact, in support of your staff, the
state of Florida believed that the City owned that property; the federal government
believed that the City owned the property. Issued permits. The code of engineers issued
permits to the City to build the marina that is there now. The state of Florida issued
permits. This is a problem that goes back 50 years. It has nothing to do with you; has
nothing to do with your staff. It was a mistake that has been long running with this
property. We have nothing to do with it, certainly, but we have been delayed and
damaged and we have spent hundreds -- probably thousands of dollars trying to fix and
work with the City in arranging this. This issue before you now has nothing to do with
whether the project is good, is bad, whether there's sufficient expertise. The only thing
that this thing is doing is fixing a problem of the ownership of the submerged lands. It
has nothing else to do with anything. The last point that I want to make -- and this is very
important, and it's very important that you understand this because you are the elected
representatives of this community -- the City of Miami, in 96, drew permits for this
64 March 29, 2001
development of the marina and the boatyard that is going to be this. What you have
correctly labeled, the most important part of this project. Those permits expire October
2na Some of them -- is actually, one of them apparently has expired. There's some that
can be renewed for one more year. There are some that cannot be renewed. The whole
process has to start again. We have been delayed for two years because of this
submerged land problem. We were delayed in January about this Commission; we were
delayed in February of this Commission, and now we want to delay it again.
Commissioner Teele: Mr. Chairman, be careful, Mr. Zamora.
Mr. Zamora: Yes, sir.
Commissioner Teele: Be very careful. I don't like the way you're putting your argument
on the record. You're using language...
Mr. Zamora: Yes.
Commissioner Teele: -- that would give any reasonable person rise to believe that you're
building a record now. Are you trying to build a record?
Mr. Zamora: No, sir. None whatsoever, Commissioner. We have a record...
Commissioner Teele: Are you all trying to build a record? I want to know that.
Mr. Zamora: No, I'm not building any record, Commissioner. The record that we have --
and your staff is here to attest to this. The record that we have is that we have worked
with the staff of the City of Miami for more than two years at great expense, to try to
solve the problem. The record that I have to make is this:
Commissioner Teele: You're continuing to build a record, aren't you?
Mr. Zamora: No. I'm...
Commissioner Teele: At great expense, now. Before it was just naked delays. Now, it
delays with expenses.
Mr. Zamora: Look, I'm not a litigator. Commissioner Teele, I'm not a trial attorney. So,
I don't build records, and you know that. But the point that I'm trying to make is this --
and this is a very important point and it's a community wide point -- we need to get this
boatyard working; we need to get this marina working; we need to get the marine
component that, as far as I know, nobody objects to. We need to get that done, and if we
don't move forward, we are going to risk losing those permits and this is going to be a
tragedy for us; it's going to be a tragedy for the City; it's going to be a tragedy for the
community. One of those permits, from what our expert tell us6, one of those permits
may not be renewed because the conditions for renewal are the new permits has changed
since 1996, and this is -- I'm sorry, Commissioner. I'm not building any record. That's
65 March 29, 2001
not my style. That's not what I do. I'm not a trial attorney, as I mentioned before. I'm a
corporate attorney trying to solve a problem, and this is what we have been trying to do.
I think that you should vote on it. I think that you should approve the amendment that
has nothing -- no other than benefit for the City. Get this thing approved. Let's try to
move forward as soon as possible, and we will address, as we have always done, all the
concerns that you or anybody else may have.
Vice Chairman Gort: Mr. Zamora, I wish I could help you, but I could tell you right now,
you do not have the vote to have this approved today, this deferral. What I would like to
know is, what is the sooner that this deferral can come in here? At the same time, there's
been a lot of misinformation -- because all the misinformation that I received from
everybody here, that there is no marine used. Now, my understanding, according to the
information that I received from our attorney, come from you all, there is plenty marine
use; they are in compliance with that, so, I want to make sure, if we're going to defer this,
when is it next time it can come back? I want it to be if first item, and that's going to be
it. And I want to make sure that everything gets clarified in here. Because this has been
going on for a long time, and believe me, look what happened to Parrot Jungle, and -- if
we're going to have that problem with all the major...
Commissioner Winton: I don't know why it can't come back before the next Commission
meeting.
Ms. Billberry: We will work to bring it back on April 12th. And I just would like to note
for the record that the waiver of deed restrictions, they -- notes that they must take
possession by July 1St. So, it is important that we address this immediately.
Commissioner Winton: To get it done.
Vice Chairman Gort: Let's get it done because -- let's face it; we have to get this going.
Yes, sir.
Commissioner Sanchez: Well, Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: I was going to propose that -- I will not be here on the 12th. I'll
be traveling on a business trip -- that the Commission meeting on April the 12th be moved
to the 19th. Could you please look at your schedule and see if you are all in agreement so
we could change it to the 19th9
Commissioner Winton: I can.
Commissioner Sanchez: Huh?
Commissioner Winton: The 19th works for me.
66 March 29, 2001
Commissioner Sanchez: Commissioner Regalado?
Commissioner Teele: Commissioner Regalado later on when we've got five
Commissioners here.
Commissioner Sanchez: Well, Commissioner Regalado stated that he didn't have a
problem with it.
Commissioner Winton: Well, we can make it at the very next Commission meeting.
Commissioner Teele: Yeah. Well, let
Vice Chairman Gort: Very next Commission meeting, we have to take care of this matter,
people.
Commissioner Teele: Yeah, but -- see, Mr. Zamora is a very accomplished lawyer, and
that old southern -- the equivalent of a southern, just a country lawyer stuff he was giving
is very carefully disguised to build a record. He's shown very clearly or he's established
there are delays, and he's also said that they've gone to great expense in these delays. I
think, you know, those things are very clear. Now, the question becomes this, Mr.
Zamora. You put a whole new issue on the record, and that is the issue of some permits
that the City pulled and we're just going to -- we're just getting ready to go right offer
that. I don't understand that, but I know one thing, you're building a record and, whether
you admit it or not, or whether you say it or not, a record is being built, and I don't --
you're doing what the Bar requires you to do and that's represent your clients, an I take no
personal offense at all. I just have a duty to protect the City and the taxpayers, which
may or may not be consistent with your duty right now. I would like, at the beginning of
the break, when we come back from the break, a written report about these permits and
where we are on that. Because if we drew -- pull permits more whatever reason, why
hadn't the work been done? He's saying that the permits are going to expire. See, he's
put a whole new record -- issue on the record and nobody's dealing with these issues, Mr.
Attorney. Sir?
Mr. Vilarello: I'd like to address that issue as soon as you have...
Commissioner Teele: Well, I'd like to address those issues when we come back from
lunch because -- see, I'm not aware of any of this, you know. I heard that there was
something about the hurricane or Hurricane Andrew or something. I don't know what
hurricane it was, and there were some opportunities or something. But if there's some
way we can minimize and mitigate against the delays that were caused not by the City
Commission's fault, but by obviously the fault in the state records, et cetera, and it also
should be on the record that a substantial part of this delay -- since I've been here -- was
caused by is the State's Oversight Board's review of this agreement, as well. So, I want to
be very, very clear that these delays have not been dilatory or in any way a function of
the City not being diligent in carrying out our duties, but, in fact, many of these delays
are in the hands of the state, but where we can mitigate, I think we have an obligation to
67 March 29, 2001
mitigate. And if we drew permits -- for the first time I'm hearing, you said permits in
'96? Is that the work that you all are going to do or we all are going to do?
Mr. Zamora: Both.
Ms. Dougherty: Both.
Commissioner Teele: Has the work been completed?
Ms. Dougherty: No.
Mr. Zamora: No.
Commissioner Teele: Has the work been started?
Mr. Zamora: Yes. No.
Commissioner Teele: Well, I'd like to just understand from the City Attorney and the
Manager, when we come back, exactly where we are. Because I want to be very careful
that we don't get into a discussion that may, in fact, not be -- maybe prejudicial to the
City down the road somewhere.
Carlos Gimenez (City Manager): But with regard to these permits, I think there is a
written record that we have. The administration could certainly provide that to you, and
we can hopefully get some account executives, somebody to let you know (inaudible).
Commissioner Teele: Is there any way we can work together with the -- with Mr.
Zamora and Ms. Dougherty and their client to mitigate any of the damages or any of the
delays on -- based upon the work that may be we could do an be reimbursed by them on
the permits or something, so we can have the work being done? Because I'm really
concerned about you saying a permit may not be able to be renewed.
Mr. Gimenez: It's our intention to get the work done. It may take some (inaudible) action
on my part, but then there's also -- well, we'll get with you in writing.
Commissioner Teele: Well, I would like, as a part of that, when we come back, a
resolution from the Commission authorizing you to take any actions, including
emergency actions, to get -- to mitigate against any, you know, delays or anything that
can be done to get this done. I think we've got an obligation to build a record, too.
Mr. Gimenez: Yes, sir.
Mr. Zamora: If I -- may I add something concerning the permits, Commissioner Teele
or?
68 March 29, 2001
Vice Chairman Gort: They're going to come back to us and they're going to get us know.
OK.
Commissioner Teele: What time are we going to come back two or 2:30 or 3 o'clock?
Commissioner Sanchez: 2:30.
Vice Chairman Gort: Three. 3 o'clock.
Commissioner Sanchez: 3 o'clock?
Vice Chairman Gort: Yeah.
Commissioner Winton: So, what are we doing about the motion on the table?
Vice Chairman Gort: There's a motion that we're going to defer.
Commissioner Sanchez: Is motion is still to defer or bring it back...
Vice Chairman Gort: Right.
Commissioner Teele: The motion is to defer but
Vice Chairman Gort: The motion -- it's to defer and to bring it back as soon as possible
with the information that we get.
Commissioner Teele: But at 3 o'clock we're going to just basically get a report on the
City permit issue and the Manager's going to tell us, and we may give him the authority
to take any actions, including emergency actions, to move forward on any construction
activity that can help move this project forward, based upon those permits.
Vice Chairman Gort: And this is to come back on the first Commission meeting -- next
Commission meeting and the first item on the order. OK.
Lucia Dougherty: I've got to tell you something.
Commissioner Winton: Are we going to vote?
Ms. Dougherty: You know, it's really interesting that this comes about in this kind of
situation because it took me literally an hour last night to convince my client not to defer
it themselves.
Commissioner Teele: Your name.
Vice Chairman Gort: Excuse me. You are?
69 March 29, 2001
Ms. Dougherty: Lucia Dougherty, with law offices at 1221 Brickell Avenue. Here also
on behalf of Grove Harbour. It took my literally an hour last night to convince my clients
to go forward with this hearing because their gut feeling is, based on the fact that they
can't go forward with the special exception permits, is let's not go forward with our lease
because, to the extent that the -- would this thing falls apart, they're better off not
agreeing to this kind of a lease and now, today, you are falling right into the situation
where I think you're not being -- frankly, I don't think that you are actually being sensible
in trying to defer this issue because you've got to understand. We have had the Zoning
Board hearing last November on this project. It was subsequent to the Zoning Board
hearing that this Zoning Board folks said, hey, you need to make some changes here. We
make the changes. Based on our changes, now Tucker Gibbs and these people now
appeal those changes. That's going back to the Zoning Board based on the changes.
Now we have to come back to you afterwards on the special exception. I understand you
don't want to talk about it, but they have to know what's going on.
Mr. Vilarello: However, Mr. Chairman, it's inappropriate to discuss the zoning issues at
this time, particularly when ...
Ms. Dougherty: Listen, it's because of that, my clients did not want to go forward with
this hearing today. Do you understand?
Vice Chairman Gort: OK.
Commissioner Teele: I don't understand. What would you have -- if I may -- what
would you have us do, Ms. Dougherty, today? What would you have us to do?
Ms. Dougherty: I think it's in your interest to pass this amendment. That's what I think is
in your interest, if you want to know the truth, but you can do what you want to.
Commissioner Teele: Well, let me do this. I will ask the maker of the motion if he
would be willing to amend the motion to defer it to the end of the zoning meeting and if
he is not prepared to act today, then I'm going to support him in his motion to defer it
until he's ready. I will always support my colleagues in their effort to get more
information and to understand. But perhaps, between now and 6 o'clock, there can be
meetings held or...
Commissioner Winton: I'll accept. And if I can understand -- if I have the time to do it
and the time to study it, then I'll be -- I'm willing to do that.
Commissioner Sanchez: It will be at your discretion.
Commissioner Teele: It's at your discretion.
Commissioner Winton: Right. I'm willing...
70 March 29, 2001
Commissioner Teele: But we have the ability to act upon it at the end of the zoning
meeting today.
Commissioner Winton: Correct. Yes. If I've got -- that's correct. Absolutely will accept
that.
Commissioner Teele: Would you -- yes, sir.
Commissioner Winton: Absolutely will accept that.
Vice Chairman Gort: OK. Gentlemen, I'd like to ask -- thank you, we'll see you back
later on. I'd like to ask you if...
Commissioner Teele: Call the question on the motion, as amended.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Winton, who moved its
adoption:
MOTION NO. 01-278
A MOTION TO TEMPORARILY DEFER CONSIDERATION OF
AGENDA ITEM 2 (PROPOSED AMENDMENT NO. 1 TO THE LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI AND GROVE
HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC.)
UNTIL THE END OF THE PLANNING AND ZONING MEETING TO
BE HELD ON THIS SAME DATE, SUBJECT TO THE DISCRETION
OF COMMISSIONER WINTON TO REVIEW SAID ISSUE; FURTHER
STIPULATING IF COMMISSIONER WINTON IS NOT PREPARED
TO CONSIDER THIS ITEM LATER TODAY, THEN SAID ISSUE
SHALL BE DEFERRED.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
71 March 29, 2001
Vice Chairman Gort: I'd like to, before we leave, there are a couple of people that's been
waiting here all morning. I'd like to hear them. They'll be right and fast.
Commissioner Teele: Those are personal items?
Vice Chairman Gort: Personal item, Item Number 8. A letter to request for personal
request Commission meeting on February the 8th by Rocka Malik.
Rocka Malik: I'm here on Balere.
Commissioner Teele: Name and address, for the record.
Ms. Malik: Oh, I'm sorry. Rocka Malik, 11371 Southwest 176 Street, 11371 Southwest
176 Street. We're here to request a fee waiver for the use of Peacock Park for the
language fair on the 5th of May.
Commissioner Teele: How much was the original request, Mr. Director?
Albert Ruder: When she was here before -- it's Albert Ruder, Parks Director. When she
was here last time, her total bill was about nine thousand dollars ($9,000). We sense
have met with her and the total bill now is only 2500, of which one thousand one twelve
is labor, which is a direct cost to us. So, we definitely don't recommend that that part be
waved. But there are fees of about a thousand three thirty-five...
Commissioner Teele: Mr. Chairman, I would move the waiver of the fees, with the
exception of -- what is it, eleven hundred?
Ms. Ruiz: It's approximately one thousand one hundred and twelve dollars ($1,112),
which is labor from the different City departments.
Commissioner Teele: With the exception of the eleven hundred and twelve dollars
($1,112).
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second.
Commissioner Winton: And, so, what are we waiving now, just so I understand?
72 March 29, 2001
Commissioner Teele: About a thousand dollars ($1,000).
Mr. Ruder: You're waiving thing like an administrative fee.
Commissioner Winton: Got it. Got it. Got it.
Mr. Ruder: Police Department. Some fees for the Parks Department.
Commissioner Winton: Right.
Commissioner Sanchez: Not the labor.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-279
A MOTION GRANTING REQUEST FROM MS. ROCKA MALIK,
EXECUTIVE DIRECTOR FROM BALERS, INC. FOR THE WAIVER
OF THE FOLLOWING SERVICES IN CONNECTION WITH HER
UPCOMING "LANGUAGE FAIR" EVENT SCHEDULED FOR MAY
5, 2001 AT PEACOCK PARK:
(A) WAIVER OF THE ADMINISTRATIVE FEE;
(B) WAIVER OF THE PERMIT FEE FOR THE DEPARTMENTS OF
FIRE AND PARKS, RESPECTIVELY; AND
(C) WAIVER OF EQUIPMENT RENTAL FEE (SOLID WASTE).
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
73 March 29, 2001
Vice Chairman Gort: Camille Merilus.
Commissioner Teele: What number?
Vice Chairman Gort: Nine -A.
Camille Merilus: Good morning, Commissioners, Mr. City Attorney, City Manager, City
Clerk, Mr. Mayor, other members of the assistance. My name is Camille Merilus, and in
remembrance of all these Haitians died on the sea to come to Miami, the Dream City, I
would ask the Commission special permission to allow the assistance to spend just five
seconds of silence in remembrance of these people. These Haitians, Commissioners, left
Haiti for a better life to come to Miami. They died on the sea and because of that reason,
Miami, that very popular city in Haiti, has a lot to do to reverse this situation. So many
people have been forced to lose their lives to come to this City, and today I am here to
call upon you to make a landmark decision to help stop the poor people situation. It's not
impossible. It may look really big task, but we've got something in gear, which is a pilot
project for economic development. We (inaudible) the southeastern department of Haiti
(inaudible) of 11 cities. There is always be some work being done.
Vice Chairman Gort: Camille, what is it specifically you're requesting?
Mr. Merilus: Our request is to call upon the Commission to give us the means to set up
that pilot project for economic development to provide us surplus vehicles, surplus
computers, material and equipment that is needed to consolidate that activity over there,
so that jobs could be created over there, and those people, who had been leaving this
country in search of a better life, could have something to do over there so that the
(inaudible) to board on safe boats, to come to Miami. So, there is some work been done
between ourselves and different organizations, such as Enterprise Florida, is taking a trip
mission to Haiti. And I believe that the City of Miami, the City Commission, could play
a leading roll in working together with us to encourage the business community in Miami
to be part of that trip mission to explore the possibility of doing business over there.
Vice Chairman Gort: Mr. Merilus, my understanding is — and I don't know if we can do
directly and if we have any surplus, if we can direct it to a non-profit corporation, if we
can, because they've been enterprise for us (inaudible) funded them with 75 (inaudible).
I can tell you — I was in a meeting the other day with some people who had some
computers, because they're buying new computers. So, I'll talk to them and see if they
can — the computer themselves, they can send them over to you. They have quite a few
of them. And I'll take care of that right now.
74 March 29, 2001
Mr. Merilus: Yes.
Vice Chairman Gort: And I also see there is something — a request here for five hundred
and seventy-four dollars ($574) in police for — is this a special event you're having?
Mr. Merilus: Yes. That was the reason.
Vice Chairman Gort: What you're looking for is the five hundred seventy-four dollars
($574) from the Police. Am I...
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Mr. Merilus: Yes. And we got some vehicles that we're requesting from the City, and
some other equipment that surplus materials, and we are working with Purchasing so that
the City Manager's Office — and if the Commission could OK this request, you know,
and I believe that that will be a very...
Vice Chairman Gort: Camille, this is what — we're trying to do this. We need to make a
motion.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Chairman, look. We have before a request from the Camille
Foundation for a fund raising for Police on Sunday, May 20th. Now -- and that is a
waiver of police costs, et cetera. Is that cost two hundred and eight dollars ($208)? Is
that what the Police Department?
Vice Chairman Gort: The total is five seventy-four.
Commissioner Teele: It's five hundred and seventy-four dollars ($574)?
Vice Chairman Gort: Five hundred and seventy-four dollars ($574) is the total.
Commissioner Teele: Mr. Chairman, I would move that the waiver of the five hundred
and seventy-four dollars ($574) up to be granted; and further that staff be requested to
meet with Camille or his designee on the request regarding surplus...
Frank Rollason (Assistant City Manager): We've done that, Commissioner, and we've
got some vehicles identified. They're satisfactory. And we've also just been told that
Unisys is willing to donate a computer and a printer.
75 March 29, 2001
Commissioner Teele: Let me tell you the only thing that I'm going to ask you to do.
Before — I'll move the designation of the equipment, subject to approval by the
appropriate federal officials. We don't need to — we need to be very careful. We've got
certain situations right now in a country that we all respect, but we don't want to start
making foreign policy decisions here. If this were a normal situation with Haiti, there
wouldn't be an issue. But we, obviously, have a strained governmental relationship with
the United States and the Haitian government today, and I want to make sure that we can
work with Camille in getting that equipment into Haiti appropriately. So, we're going to
have to work — and this is something, again, that I think the Police Department, through
their offices, with the — what is that thing we just set up, Chief? The International Chiefs
Association? You know, you all need to weigh in on this with us because we need to
make sure we're not stepping on anybody's toes. So, I would move the approval, subject
to the staff determining that the — that such donations does not run contrary to U.S. policy
at this time.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor state by saying — I'm
sorry. Go ahead.
Commissioner Winton: Commissioner Teele, I'm in complete agreement on this, except
for the one thing. I'm nervous about — I know it's only five hundred and eight -five
dollars ($585), but I don't understand how that fits in terms of — I just don't — what
precedent do we have for waiving direct costs for these kinds of things? Because, again,
there are, in our community, with the diversity we have in our community, there's...
Commissioner Teele: You don't really want me to tell you.
Commissioner Winton: Yeah. Well...
Commissioner Teele: You don't really want me to tell you. You don't want me to tell
you about all of the parades that have been ordered, that the Mayor and others...
Commissioner Winton: Yes, because I want it on...
Commissioner Teele: Because — I mean, we're talking about —
Commissioner Winton: Excuse me. I want...
Commissioner Teele: --tens of thousands of dollars. The international — you know, we
had a parade just last year, where we spent almost thirty thousand dollars ($30,000), not
approved. Quite candidly, done in direct controvention (sic). Look, as far as I'm
76 March 29, 2001
concerned, Camille has a distinguished record in trying to work to rally Haitian
community support for charitable and community goals. Five hundred dollars ($500) is
not going to create a tremendous precedent, I don't think, in this area. But, again, I think
you make a very good point. If this were five thousand dollars ($5,000), I wouldn't make
the motion.
Vice Chairman Gort: But, at the same time, I think the...
Commissioner Winton: And what you're putting on the record here is what I'm looking
for because I think that is important. Because it will help us, as we deal with this stuff in
the future, and that's all — that's what I'm looking for here.
Vice Chairman Gort: Commissioner Winton, the message to the police officer is, rather
than — as they've done before in other events, rather than using off-street officers, they
can use on -duty police officers within the district to take care of that. We're talking
about only four police officers. OK. Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
77 March 29, 2001
Vice Chairman Gort: Item 10 is the Cuban municipality fair corporation that takes place.
It will be taking place for the last 16 years. Do I have a motion?
Commissioner Sanchez: So moved, Mr. Chairman.
Commissioner Teele: Second, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: Any further discussion? There is no cost to the City. All in favor
state by...
Commissioner Teele: Now, let me just understand this. Last time we did this there was
some waiver of noise or music or something. Was it...
Vice Chairman Gort: It was probably not a waiver noise, but we have never -- and that's
within any district. We have never received a complaint from any of residents within that
area.
Commissioner Teele: All right. But that's not contained in this motion, is it? I thought
there was some issue about noise or -- OK. Fine.
Alejandro Vilarello (City Attorney): Which requires the Commission to wave it. Waiver
requires the Commission to wave the noise restriction. There is no apparent request here
for that, so it's not contained within...
Commissioner Teele: But in the past we did a waiver of noise request.
Mr. Vilarello: Yes.
Vice Chairman Gort: You want to make the motion adding the...
Commissioner Teele: I would move the approval of the request, with the proviso of a
noise waiver be provided.
78 March 29, 2001
Vice Chairman Gort: OK.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 01-281
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE NINETEENTH FAIR OF THE CUBAN MUNICIPALITIES IN
EXILE ("FAIR"), CONDUCTED BY THE CUBAN MUNICIPALITIES
FAIR CORPORATION ("ORGANIZERS"), SCHEDULED FOR APRIL
5 — 8, 2001, AT THE GROUNDS OF THE FLAGLER DOG TRACK;
GRANTING THE REQUESTS OF THE ORGANIZERS TO (1) WAIVE,
BY A FOUR-FIFTHS AFFIRMATIVE VOTE, THE LIMITATIONS
CONTAINED IN SECTION 906.9 OF ORDINANCE NO. 11000, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AS IT RELATES TO THE NUMBER OF TEMPORARY
EVENTS PERMITTED PER SITE ON PRIVATE PROPERTY PER
YEAR, AND (2) DECLARING AN EXEMPTION FROM THE
PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS
364(a) AND 36-5(a) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AS THEY RELATE TO THE LEVEL AND
HOURS OF NOISE CONCERNING SAID FAIR; CONDITIONING
SAID GRANTS UPON THE ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH THE FAIR AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
79 March 29, 2001
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
80 March 29, 2001
Vice Chairman Gort: The other item I promised to hear before 12:00 is the -- talking
about the film industry. It's the waiver of sound for the Columbia -- this is 10 A,
Columbia Pictures Association.
Commissioner Winton: So moved.
Commissioner Teele: Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 01-282
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS
CONTAINED IN SECTIONS 36-4(a) AND 36-5(a) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO
THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING
"ALI," FROM APRIL 3 THROUGH APRIL 11, 2001, AT VARIOUS
LOCATIONS IN THE CITY OF MIAMI, SUBJECT TO COLUMBIA
PICTURES, IN ASSOCIATION WITH FORWARD PASS, INC., THE
PRODUCTION COMPANY, OBTAINING CONSENT FROM THE
OWNERS AND TENANTS OF THE AFFECTED PROPERTY(S) AT
EACH FILMING LOCALITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
81 March 29, 2001
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you. Good luck. Great presentation.
82 March 29, 2001
Commissioner Sanchez: Mr. Chairman, back on the issue of rescheduling the April 12,
moving it to the 19th. I've been advised by the administration there won't be a problem
with that.
Commissioner Teele: It will?
Commissioner Sanchez: By having two meetings, one after the other. I don't have a
problem with the 19th. I mean, I don't want to put a burden on the administration, but I
will be out on the 12th on business.
Commissioner Teele: Well, why don't we combine the meeting? Why don't we try to
combine the two meetings, and have one on the 19th
Vice Chairman Gort: On the 19th
Commissioner Sanchez: The 261h
Vice Chairman Gort: The 26th
Commissioner Sanchez: All right. So move to combine both meetings on the 26th. So
moved.
Commissioner Winton: Fine with me. Hallelujah.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
83 March 29, 2001
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-283
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF APRIL, ORIGINALLY SCHEDULED FOR APRIL 12,
2001, TO TAKE PLACE ON APRIL 26, 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 Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Be back at 3:00.
84 March 29, 2001
Commissioner Sanchez: Mr. Patterson, is the Solid Waste sufficiency study committee in
November of last year, the Commission directed the administration to appoint a
committee to consider ways and means of providing our residence with a more improved
garbage and trash collection service. Mr. Patterson, are you ready?
Clarance Patterson (Director, Solid Waste): Yes, I'm ready, but I think Mr. Manager
wants to...
Commissioner Sanchez: It's my understanding that the issue is going to be brought forth
at some point this afternoon. So, let's go a head with this presentation by the Solid Waste
Efficiency Study Committee. Mr. Patterson, you have the floor, sir.
Mr. Patterson: Thank you. For the record, my name is Clarance Patterson, Director of
Solid Waste Department. At this time, I'm going to ask the co-chairman of the Solid
Waste Study Committee to give you a few remarks and then I will give you the written
report. As you know, we gave you a report verbally about a month ago, at your last City
Commission meeting, and we're going to have, at this time, Mr. Flanders, give you a brief
remark with reference to what the committee had been doing and we will give you the
reports following that.
Robert Flanders: Thank you, Mr. Patterson. Good afternoon, Commissioners. My name
is Bob Flanders and I've lived at the Palm Bay towers, 720 Palm Bay Lane, in the City of
Miami for over 20 years. First, I'd like to thank City Manager, Carlos Gimenez, for the
appointment to the Solid Waste Study Committee. He should be congratulated for his
initiative that created a committee charged with the task of looking at ways to improve
the department and the way it collects our garbage and trash. It was a real pleasure to
meet and work along side other dedicated citizens from all parts of the City, and to
become familiar with the Solid Waste Department and its staff. It was a true learning
experience for me. Solid Waste is probably one of the best city departments that Miami
has. It's ably led by department head, Clarance Patterson. Its staff is dedicated to making
improvements in almost every aspect of Solid Waste. We wholeheartedly endorse the
recommendations made in the report to be given by Mr. Patterson today. We feel it's the
right thing to do, to help bring the City up -to -par with other municipalities across the
United States that have switched over to an automated collection system. Some, as long
as 20 years ago, for many reasons, their improvements will save the City money and will
bring to an end the horrible trash holes in all of our neighborhoods that are caused by our
doing trash pick up the old fashion way. As a quality of life issue, in our neighborhoods,
this proposed improvements for Solid Waste collection is fundamental. Just like picking
up the trash is fundamental. Some feel more fundamental than Fire and Police because
it's a real health issue if we don't do it properly. In any case, the recommendations bring
this department 50 percent closer to self funding itself, something we would like to see
happen sooner than later. In fact, many of us on the committee believe that the Solid
Waste Department should be a proprietary one, a stand-alone department not dependent
85 March 29, 2001
on handouts from the general fund. This is a giant step towards that goal. And, lastly, I
would like to personally thank Commissioner -- County Commissioner Barbara Carey for
hosting a quality of life improvement meeting, held Saturday, March 24th, in which Solid
Waste got to present its findings to all of the homeowners association presidents in the
City of Miami. Thank you.
Commissioner Sanchez: Thank you. Did you state that 50 percent self -funding?
Mr. Flanders: Well, right now, to the best of my knowledge, the budget for the Solid
Waste Department is about thirty-six million and it falls short by about six. The
improvements, when they are implemented, will get us about three to half a million
dollars closer to the goal of making the department stand on its own two feet.
Commissioner Sanchez: Did you look at all three? You're talking about the garbage
collection, the trash collection, the recycling collection; did you analyze all three of them
in this study?
Mr. Flanders: As a matter of fact, we did. One of the things that we would like to
suggest to the Commission or the City Manager is that the Solid Waste Committee
continue on until all of those issues are dealt with. We probably shouldn't go into it
today, but there's a lot of room for improvement with the recycling. We think we can
improve that and also lower the costs.
Commissioner Sanchez: Any other questions from the Commission?
Commissioner Regalado: I have a question, but not for Bob, but for Clarance.
Commissioner Sanchez: Thank you, Bob. Thank you.
Commissioner Regalado: Two questions.
Mr. Flanders: My pleasure. Thank you.
Commissioner Regalado: I read a report that you all sent yesterday.
Mr. Patterson: Yes, sir.
Commissioner Regalado: And I saw the style and the trashcans. I've got several
questions. This truck, it has an arm that is supposed to pick up the trashcan; is that
correct?
Mr. Patterson: That is correct.
Commissioner Regalado: How long is this arm?
Mr. Patterson: They will vary, depending upon the manufacturer, but some of them
86 March 29, 2001
telescope and some does not, but it varies anywhere from 10 feet to 6 feet.
Commissioner Regalado: Could you, Clarance, tell us what is the process? The arm
goes down, pick up the trashcan, and then bring the trashcan up to ...
Mr. Patterson: Yes. I have a short film here that I just got from Houston, Texas, and I
would like to show you how the facility works there. They put it in recently and you get
a better picture of what it looks like by looking at that short film, if I may show that?
Commissioner Regalado: Did you test it with the trees?
Mr. Patterson: Yes. The city of Miami Springs, of which I was Public Works Director
for four years, had this system there and it works. It's not an untrod, unproven system. It
works in North Miami Beach, which is right here in our County, and it also works in Fort
Lauderdale, which is just up the way from here. So, there's no problem with trees. And
I'm not going to stand here and tell you that in some areas in our City, for Off -Street
Parking, that it may not pose a problem. But we will be looking into alternative
collections in those areas where parking becomes a problem. There is a modified version
for this, where that two people will be working on a modified truck to collect those areas
that give us problems, such as one-way streets, of course. You can't go down one side of
the street and come up the other side of a one-way street. So, that will have to be taken
care of. We will address those issues.
Commissioner Regalado: Because the way I saw it here, I think it's really difficult
because you've got to get the truck right next to the sidewalk in order to extend the arm
and pick up the trash can. Now, if we have parked cars that will be a problem.
Mr. Patterson: That's what I just said. If you were talking about -- let's say, for instance,
East Little Havana, where we've got a lot of on -street parking, and they'll have the Off -
Street Parking there that we have in other parts of the community. It poses a problem.
There we would have to go with a modified version of it.
Commissioner Regalado: OK. I still have a problem picturing the trash going up and not
getting tangled with the trees. I mean, 90 percent of the City does have trees that are
really big. Coconut Grove, for instance. I mean, Shenandoah. I mean, we ...
Mr. Patterson: Those two areas, the system will work fine in. Let me show you the film
and I think you'll get a better picture of that. The present trucks that you have right now
go underneath those trees and that arm does not go beyond the height of the existing
trucks that we currently have.
Commissioner Regalado: It doesn't even with the cycle?
Mr. Patterson: No. You'll see when I show it to you.
Commissioner Regalado: OK.
87 March 29, 2001
Mr. Patterson: OK.
Commissioner Sanchez: Well, Mr. Patterson, before we do that, Johnny, do you want to
address this issue or ... Mr. Patterson, if I may, let me just shine some light on the issue.
This committee was established in November for several reasons, but the two major
reasons was to improve services and reduce the costs. In other words, the taxpayers of
Miami -- there was a resolution to increase their garbage fee. One of the biggest
concerns was that people thought that, through the whole process, we were able to
provide a more efficient service to them, and the only way to do that was to create a
committee to study the options that exist out there to, one, reduce the expenditures on the
concept. Now, it is my understanding that we subsidize Solid Waste close to about six to
eight million dollars ($8,000,000) a year; is that correct? What's the exact number?
Mr. Patterson: I don't have that exact number, but where is our Budget Director?
Commissioner Sanchez: I believe it's in the neighborhood of eight million dollars
($8,000,000) a year. That was my last understanding.
Mr. Patterson: That would be somewhat close, yes.
Commissioner Sanchez: But for this Commission -- first of all, we have to look at it from
this point of view. For this Commission to look at ways to reduce the costs and pass on
that savings to our taxpayers shows that this Commission is dedicated to providing more
efficient service in a reduction of costs to the taxpayers. Now, we have to look at this in
several ways, and one is, would this one -arm bandit provide the service that it deemed so
set forth to provide? Will it save time? Will it save money? Will it provide a more
efficient service? And I think that this study -- and this was a -- I believe the
Commission voted -- I believe I was the one that made the motion. It passed
unanimously -- to direct that committee to look at these ways to reduce the savings.
Without no doubt, this Commission feels very strongly that the City can reduce, can
reduce the costs, without affecting the City employees, and that's our goal here. What we
don't have to -- let anybody layoff anybody, but we're able to reduce our costs and that
was the message that this Commission set forth to do. We don't want to lay anybody off,
but we want to be able to provide, one, a more -- a better service and a more cost
effective service, and the only way we're going to be able to do that is if we're able to
conduct a proper studies to come back and later on, through this legislative body, be able
to agree on that concept. And this sets the concrete roadway to be able to provide that.
So, that's just -- I just wanted to shine some light for those who are here today and that
are home viewing Channel 9. They're just saying what's going on with Solid Waste? So,
that is something that I just wanted to put on the record. Commissioner Winton.
Commissioner Winton: Mr. Chairman, Clarance, I'm looking at these numbers now and I
see the total capital costs for the, I guess, phase one or first year is nine million and the
next year is ten, four, so you've got twenty million in total.
88 March 29, 2001
Mr. Patterson: What page are you on?
Commissioner Winton: Eleven.
Mr. Patterson: I think you're looking at the total costs.
Commissioner Winton: Oh, the total. OK, OK. Right, right. So, the total is 10. Now,
you have personnel costs of a million nine. A total personnel cost, I guess, of 24. Is that
new costs? Is that -- how do I read that?
Mr. Patterson: That's the total personnel costs once the new system is fully implemented.
Commissioner Winton: OK. Compared to what, though? I mean, is that -- are we
spending four million now or are we spending one million now? I mean, how do I
understand this in the context of where we are?
Mr. Patterson: You're spending four million now.
Commissioner Winton: Per year?
Mr. Patterson: Yes.
Commissioner Winton: We're spending four million -- where do you see -- where is that
number?
Mr. Patterson: No, no, no, no. I'm sorry. If you look at the top of that page,
Commissioner, that is the one -arm bandit system as it relates to the present costs and the
costs it will cost us once we convert to the entire program on to the new system. That's
what you're looking at on page 11.
Commissioner Winton: Is that two million -- is that 24?
Mr. Patterson: No. Total personnel costs at that point is 24; that is correct.
Commissioner Winton: That's total personnel costs?
Mr. Patterson: That personnel costs you're looking at there relates to your large bulky
trash collection. Just above that you see the one -arm bandit up there, you're looking at
one point nine.
Commissioner Winton: Well, Clarance, what we can't tell here -- and I was listening to
Commissioner Sanchez. I can't tell if we're saving a dime or saving a million or costing
another million.
Mr. Patterson: If you look at the very bottom of that page to the right --
89 March 29, 2001
Commissioner Winton: Right.
Mr. Patterson: -- that is the reduction in the total costs once the system the fully
implemented.
Commissioner Sanchez: Johnny, the total savings is four point nine million dollars ($4.9
million).
Mr. Patterson: That is correct.
Commissioner Winton: Per year.
Mr. Patterson: That is correct.
Carlos Gimenez (City Manager): Let me state something on the record now. We heard,
you know, Commissioner Sanchez, said there are no layoffs, and -- if you look at the four
point nine million dollars ($4.9 million) figure, it's probably not going to be a hard dollar
four point nine (inaudible). You're going to gain four point nine million dollars ($4.9
million) in efficiencies because there are plenty of other areas that our Solid Waste
workers could go to, like downtown and Coconut Grove, start picking up, you know, and
cleaning up the City. So, what this does -- what this system does really, it brings up a
whole bunch of people to start doing other things in the City that are desperately needed
in order to really clean up the City. So, you've got a four point nine million dollar ($4.9
million) worth of efficiency because we stated to the union that we will not be doing any
layoffs of personnel. There are plenty of other things that they could be doing.
Commissioner Winton: But there still is a four point nine million dollar ($4.9 million) --
if you didn't have them doing anything new, you'd have a four point nine million dollar
($4.9 million) annual savings?
Mr. Patterson: That is correct.
Mr. Gimenez: That's only if you reduce the work force. We're not intending to reduce the
work force. What you're doing is -- really, what we're saying is in order to really clean
up the City better; we needed a new (inaudible).
Commissioner Winton: So, we're going to expand services?
Mr. Gimenez: We needed an additional five million dollars ($5,000,000), but this way we
could continue with the same budget, the same number of people and expand services.
Commissioner Winton: And greatly expand services.
Mr. Gimenez: Exactly.
Commissioner Winton: Understand. Thank you.
90 March 29, 2001
Commissioner Sanchez: In other words, target on areas such as downtown, Coconut
Grove, ...
Mr. Patterson: The entire City because we're talking about increase in street sweeping --
Commissioner Winton: (Inaudible) Little Havana (inaudible).
Mr. Patterson: -- in residential areas as well, in the report.
Commissioner Winton: Thank you.
Commissioner Sanchez: Any other questions on the item?
Commissioner Regalado: Yes. You know, I think that the work of the committee is
extraordinary, but I think that when talking about garbage, when talking about Police and
Fire, priority number one is service, and then costs because you can't -- if we want to talk
costs, then, you know, we'll pick up trash once a month or have one police per City, you
know. My concern is the mechanics of it. This is a very tall truck, and my concern are
the cables, TV -- I'm sorry, the phone and electric cables, and the trees, getting tangled
with the trees. So, I'll just see the -- and, you know, I would really, before making any
decision, I would really like to see that truck operate on my street, for instance. We've
got two trees intertwined.
Mr. Patterson: One of the routes will be in the pilot study will be in your district, where
you live, Commissioner.
Commissioner Sanchez: There you go. You'll be able to witness it. Witness the one -arm
bandit.
Mr. Gimenez: Commissioner, if we could, we could show you exactly how this works, in
that way you get a better idea in your mind exactly how this things works.
Commissioner Regalado: Yeah, yeah.
Commissioner Sanchez: Any other questions of the Commission?
Mr. Gimenez: There are technical difficulties. Never fails.
Commissioner Sanchez: How much money did we spend on technology and we can't get
a TV started to VCR (Video Cassette Recorder)?
Mr. Patterson: It's coming on. It's a little slow. This is an old model.
Commissioner Winton: Operator or the TV?
91 March 29, 2001
Mr. Patterson: Both. Both.
Note for the record: At this time, the Commission viewed the video presentation by the
Solid Waste Department.
Mr. Patterson: That shows you what is happening in Houston, and if you would like to
visit the City of Fort Lauderdale or some of the cities here that are using it, we'll be happy
to arrange that for you, and show you that it is a proven system. It's not something that's
being tested. Let me answer any other questions you have concerning the report, as
opposed to going through the report with you. I think that will expedite...
Commissioner Regalado: What's the pilot program's goal? How many trucks?
Mr. Patterson: We'll have 10.
Commissioner Sanchez: You said 10?
Mr. Patterson: Ten, yes.
Commissioner Sanchez: Ten pilot programs?
Mr. Patterson: Yes.
Commissioner Sanchez: OK.
Commissioner Regalado: And 10 or 10 routes or 10 for more than 10 routes?
Mr. Patterson: Each truck has two routes. It has a Monday/Thursday and a
Tuesday/Friday. So, that will be the equivalent of 24 routes, if you are talking on a route
basis.
Commissioner Regalado: And altogether you have how many routes?
Mr. Patterson: Twenty-three, which would be two times 23 would be 56. I mean, 46.
Commissioner Sanchez: Any other questions?
Commissioner Regalado: I really would like to see that work with the -- because, you
know, the video shows that it's very neat when there is no car parked on the curb or even
on the swale area.
Mr. Patterson: We'll be happy to arrange that for you, and we'll go with you to North
Miami, Fort Lauderdale, wherever you would like to go.
Commissioner Regalado: Do you have a truck now or you don't?
92 March 29, 2001
Mr. Patterson: No, sir. We don't have a truck right now.
Commissioner Regalado: Well, I'll go to Fort Lauderdale.
Commissioner Sanchez: All right. Any other questions?
Mr. Gimenez: What we can do is, we can ask maybe the city of Fort Lauderdale -- I'm
sure they have some spare -- spare trucks -- maybe bring one down and just check it out
in one of our neighborhoods and see how it works. Also, like Mr. Patterson said, in those
neighborhoods where it become problematic, you can put a two person crew on that
vehicle and they can actually manipulate the container to a position where the one -arm
bandit can pick it up. The advantage of that is that the workers will not have to lift those
heavy garbage containers that they have now should reduce -- one of the side benefits, it
really should reduce a lot of our Risk Management injuries that we get in Solid Waste.
Commissioner Regalado: It's Volvo?
Mr. Patterson: I'm sorry?
Commissioner Regalado: It's a Volvo, the truck -- the make?
Mr. Patterson: Volvo?
Commissioner Regalado: Yes.
Mr. Patterson: That one just happens to be a Volvo, but it goes on just about any
company or brand trucks out there. There are several trucks. The...
Commissioner Regalado: No. Because I'm talking about the -- how fragile is the
Mr. Patterson: It will go on a GMC (General Motors Corporation); it will go on
international; it will go on just about any trucks I see out there today.
Commissioner Sanchez: Any other questions pertaining to this item? Thank you, Mr.
Patterson.
Mr. Patterson: Thank you.
93 March 29, 2001
Commissioner Sanchez: We had a time certain for the -- I believe it's two issues. Was it the Outdoor
Advertisement Review Board, or was it the Jumbotron? Would you like to hear -- which one would you
like to hear first?
Commissioner Winton: It was the Outdoor Advertising Review Board.
Commissioner Sanchez: OK. Let's hear that one. It's Item 20. Is anyone here from the Outdoor
Advertising Review Board?
Commissioner Winton: Well, I think staff has to -- isn't staff -- the recommendations on Outdoor
Advertising Review Board.
Commissioner Sanchez: Well, staff and --
Commissioner Regalado: Here's Ana.
Carlos Gimenez (City Manager): Yeah, we'll get Ana Gelabert (inaudible).
Commissioner Sanchez: That is staff. Is there anybody here from the Outdoor Advertising Review
Board? OK. Sir, thank you. Ana, you have the floor.
Ana Gelabert-Sanchez (Director, Planning and Zoning): What we have are recommend -- well --
Commissioner Sanchez: Well, first, we would like to hear from the Review Board, and then we'd like to
hear from the recommendation of the City. Is there anyone here from the Outdoor Advertisement Review
Board?
Ms. Gelabert-Sanchez: I saw they were here earlier.
Commissioner Sanchez: There is somebody here?
94 March 29,2001
Ms. Gelabert-Sanchez: They were here, yeah, earlier.
Commissioner Sanchez: OK. They're coming around. Sir, would you state your name and your address,
please.
Steve Hagen: Steve Hagen, 725 Northeast 73rd Street, Miami.
Commissioner Sanchez: Thank you. Would you give us your report?
Mr. Hagen: Well I'm -- do you want to hear my report first? Or do you want to go with the Chairman's
report of the board?
Commissioner Sanchez: Is the Chairman here?
Mr. Hagen: They're outside.
Commissioner Sanchez: OK. Can we get him or her to come in, please?
Commissioner Teele: Where is the draft?
Commissioner Sanchez: It was scheduled for 3 o'clock, time certain.
Mr. Hagen: Evidently, the Chairman doesn't have anything to say.
Commissioner Sanchez: OK. We'll listen to the City's recommendations. Any questions from the
Commission to the Chairman of the Outdoor Advertisement Board recommendation? Hearing none, City,
you have the floor.
Ms. Gelabert-Sanchez: What we have -- what you have in front of you, the Outdoor Advertising Board
got together and they made a series of recommendations to what -- the department has made their own. If
you want to go one by one, the first one was the size of the billboards. Presently, the ordinance asks for
700 and -- I'm sorry -- 750 square feet of a billboard. The board's recommendation was to make it bigger.
The department is recommending denial on that, and we are recommending that the size of billboards be
reduced to 672 for those who are located along the expressway; 360 and 120, respectively, for local and
arterial roads. Another one was the amount of billboards that presently we allow. The ordinance allows
for two per site. We are recommending only one. The ordinance presently does not have distance
requirements. We are recommending that distance requirements be put in place. The board recommended
that the existing height limitation on billboards be increased. The department is recommending denial on
that, too, and maintain what we have today. Let's see. The -- one thing that the board did recommend
was there's landscape requirements that are required in the ordinance. There had been some conversation.
Sometimes, when the billboards are placed, there is no room for the landscape. What we have done is
allowed in the ordinance to have through a class two special permit a waiver, meaning that we, case by
case, we will be able to look at it, see what is it that each location needs, and if there is no room for
landscape, there might be other mitigation. Or if there is room, then it will be required. What it is, is
through a class two special permit, it would give the department the opportunity to review billboard by
95 March 29,2001
billboard. On the rest of the billboard recommendations, I think pretty much that's it. We're
recommending denial. We would like to see a reduction on size, location and distance between them.
Commissioner Sanchez: Any questions directed towards the City? Johnny Winton?
Ms. Gelabert-Sanchez: On the billboards, Commissioner, what basically we have said is we have -- we
are recommending the reduction of size, consider -- on three sizes, 750 to 672, and then create two other
categories for smaller billboards when they're in local roads. We are recommending that distance
requirements be placed between billboards that today we don't have that, and we are recommending that
the height that we presently have maintain. And I'm sorry, there's an additional one. There's an angle.
Presently, the ordinance calls for a 30 -degree angle, that you cannot face directly the expressway, and we
want to maintain that. We don't want to do away with, which is something the board had recommending
lifting and allowing for the billboard to be seen.
Commissioner Winton: Now, wasn't there an issue that I read about in one of these reports about the
number of -- I forget if the technical term was "illegal billboards," but -- and maybe it was illegal
billboards. It didn't have --
Ms. Gelabert-Sanchez: We had -- there's two things we had, and that's an addendum on the last page.
That's what I just gave to you. There is on C-1, which is zoning classification restricted, commercial,
billboards are not allowed. There was an amortization period, which it should have ended in '95, and the
billboards should not have been allowed. Those that are in C-1 right now are illegal. They should not be
there. And there's another series of billboards, and that, I believe Code Enforcement is preparing a report,
which it says which ones are illegal. Is it by, "A," do not have a permit; "B," they do have a permit, but
they have made it higher than what the permit allowed, or it's just larger than the square footage presently
allowed for the billboards. And those are in the other zones, which we presently do allow them.
Commissioner Winton: So are we going through a process like we did -- like we do with houses, as an
example, that have code violations or illegal units? Are we going through the same administrative
processes to clamp down on any illegal unit, whether it doesn't have a permit, or doesn't have an
occupational license, if they require one, or whatever the case may be? Are we -- is that process being
followed right now?
Mr. Gimenez: Yes, sir. You directed the administration --
Commissioner Winton: At the last meeting, right?
Mr. Gimenez: -- at the last meeting to begin to follow the Code, and I have directed (inaudible) to start
identifying them, the ones we -- you know, when we identify the number, we'll begin a process to enforce
the Code.
Commissioner Winton: OK. Mr. Chairman, there is a number of people here from the public, and I know
this is not a public hearing, but if you don't mind, could we hear from the public on this issue?
Commissioner Sanchez: Not at all. Not at all. We -- Any other questions from the Commission to the
City Administration on this item, the billboards? Commissioner Teele.
96 March 29,2001
Commissioner Teele: Thank you very much, Mr. Chairman. Mr. Chairman, some six months ago, I
authored some legislation. Before I do, Mr. Chairman, let me just take a moment of personal privilege. I
note the presence of a number of distinguished citizens, but particularly, Mr. Paul, Dan Paul, who was a
fixture around City Hall, I read in the history books of Miami, some years ago. And I just want to
acknowledge publicly that Mr. Paul was the author of the Dade County Charter amendments in many
ways that brought us Dade County government. He was one of the people who worked to strengthen both
the nature of our government, and it's a privilege to see you in the flesh in City Hall, Mr. Paul. I hope that
you'll have a pleasant experience here. I don't know what you're here on.
Note for the Record: Vice Chairman Gort entered the Commission chamber at 3:56 p.m.
Commissioner Winton: Well, Commissioner Teele, I was saying -- I asked the Chair if we -- even though
this isn't a public hearing, there are a number of people here that would like to say something about this
whole outdoor advertising --
Commissioner Teele: You think Mr. Paul -- Are you here on this item?
Dan Paul: Yes, sir.
Commissioner Teele: Oh, my goodness.
Commissioner Winton: And a host of other people. So I was hoping we could hear them.
Commissioner Teele: Well, I think we should -- I would like to defer my comments until after the public
has spoken, then. I would only like to say -- acknowledge that I authored the legislation that created the
panel. I think it's important that we have an industry input. We have had any number of governmental
resolutions that have created industry panels. And we have in Solid Waste, for example, we have virtually
all of the solid waste carriers, the BFI's, the Waste Management, et cetera, because this is one of the ways
that we can have a meeting with industry and not violate anti-trust rules, and I think it's very, very helpful.
I am taking note specifically that several media -- several interests in the media have expressed some
concern that why would the City of Miami let the industry provide advice to us. I think the answer is
obviously self-evident. We have a problem in this industry. We have a particular problem that in 1990,
certain legislation was enacted that amortized and provided for five years for billboards to be removed and
put out of the City of Miami. I wasn't here in 1990, nor was I here in 1995. However, I said to members
of the industry, you all need to come up with some recommendations as to how we can address the
problem of billboards in the C-1 area that should have been removed as of 1995. The second area that I
sought their advice and input on was non -conforming billboards in certain areas, billboards that are higher
than the permitted use, billboards that are angled in an inappropriate or tilted in an inappropriate manner.
And what manner can we work together to cure the deficiencies that I recognize are in the billboard area?
By my estimation, approximately 75 percent of the billboards or roughly 267 of the approximate 325
billboards that are in the City of Miami are illegal and non -- not non -conforming, but illegal. I am
amazed, candidly, that the industry came together and did not address either of the two areas in our public
discussions that we asked them for their advice on. The two areas that I addressed. The illegal billboards,
that is all billboards that are in the C-1 area; and the non -conforming billboards, those billboards that are
within the -- Let me say this: There's two classes of illegal billboards. There are the C-1 billboards, and
97 March 29,2001
there's also billboards within the two -- within the 660 feet setback, some seven to ten of them in the 660
foot setback, based upon the DOT agreement. There's a 200, and then a 660, and there's some in the
buffer zone, and all of that. But the important thing is this: I, as a Commissioner, want the advice of the
industry before we attempt to address the problem. Obviously, my request -- I authored the legislation. I
created the panel. My request fell on deaf ears, because nowhere in the legislation are the immediate
problems that we have been addressed. In fact, I want to read into the record from the City staff the
Planning and Zoning Department's recommendation on outdoor advertising recommendations for
amendments to the ordinance. I want to read the language that says the -- Note: The Planning and Zoning
Department did not address the non -conforming billboards in C-1 zoning designation. The billboards
existing in the C-1 designation are considered non -conforming. Section 1107.2.2 require any billboard,
which constitutes a non -conforming characteristic to be completely removed from the premises within five
years from the date it became non -conforming. That's nine years from 1990. Zoning Ordinance 1100, as
amended, adopted in 1990, creates a non -conforming -- non -conformity for billboards existing in all of the
C-1 areas. So I want to be very clear. We gave; this Commission gave the billboard industry an
opportunity to help us legislate. They responded with silence. The public is here. I want to hear what the
public has to say, but I also want to note this: In my discussions with the staff, it has become apparent that
the billboard industry has taken out a gun and cocked it. And I'm going to put it on the record, because I
want to hear what the public has to say, but I think it would be very helpful if you could advise me and my
colleagues in matters that go to where we've got to go, because as far as I'm concerned, illegal billboards
are illegal billboards. And we know what to do or I know what to do when the appropriate time comes,
because this was designed to let everybody work through this thing, and to try to come up with some
industry recommendations. I want to be very clear. I'm going to be proposing a resolution at the end of
the public discussion that supports the Florida League of Cities' position opposing any legislative
initiatives, which would eliminate or diminish the authority of local governments to amortize billboards
along the highway system. And specifically that this City would oppose Section 26 of the proposed
House Bill 1053, or any other attempts to limit local government's ability to regulate billboards. In other
words, it appears in Tallahassee now that the billboard -- and I'm certain it has nothing to do with the fine
billboard people that may come up to speak. And I'm not pointing fingers at anybody. You have a right
to petition your government. You have a right to do what you think is right. But the fact of the matter is,
is that the billboard industry is poised right now to try to take away from us and away from the public any
right to legislate through municipalities this billboard legislation. And so I want to be on the record, Mr.
Manager, that I want our lobbyists to oppose this legislation at the appropriate time. I want us to
understand that we're not operating in a vacuum. It's not "our way or no way." In some cases, what
they're trying to do now or what someone is trying to do is go to Tallahassee and take this whole thing
away from us, and that's most unfortunate. And so I'm concerned that we must do what we must do, and
we must do it in an orderly manner. It didn't just happen overnight. It's taken approximately 11 years to
get to this point. But the fact of the matter is, as far as I'm concerned, when I set up this committee, I was
hoping for a dialogue that would help us address the problem. Quite candidly, I would have proposed that
the billboard industry would have said, "We'll reduce 50 percent immediately, and we'll amortize the rest
of them over five years," or something like that, something that at least gives us a point to negotiate and
start from. At the conclusion of this meeting, I will propose that the members of the Billboard Committee
be given a letter or a certificate of appreciation from the City and thanked for your service. And we will --
I will be proposing that the City Manager and his staff work with the City Attorney and come back to us in
a very near point in time with specific City recommendations as to how we address the illegal and non-
conforming billboards. So Mr. Chairman, Commissioner Sanchez, Commissioner Gort, I wanted to just
put on the record that I created the committee. I created the committee in hopes that there would have
98 March 29,2001
been a dialogue on the main issues. There are a number of points that the Billboard Committee
recognized and wants to deal with, but I'm not prepared to deal with any of those issues today, as far as
I'm concerned, because I think what is happening here is I'm not prepared to start chasing behind
illusionary issues, and quite candidly, some meaningful issues, but that don't raise nearly to the dignity of
80 percent, 75 to 80 percent of the billboards that are currently in the City of Miami being illegal. So Mr.
Chairman, I think we should hear from the public, unless my colleagues have something to say. But it's
very clear that the Manager and the City Attorney have got some very hard work to get to over the next
few days so that we can take some definitive action.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Before we turn it over to the public, there are some issues that I would like to put
on the record. First is a lot of my questions have been answered through some of the statements made by
Commissioner Teele and the Administration. However, I would like to know how many illegal billboards
are in the City of Miami, non -conforming at this time.
Dennis Wheeler (Director, NET): Dennis Wheeler, Director of NET (Neighborhood Enhancement Team).
About two months ago, NET went out and did a survey of all the billboards. We came up with -- and that
gentleman over there may disagree with me, but we came up with about 375 billboards. Our best guess is
about 90 percent of those billboards are illegal.
Commissioner Sanchez: Are illegal?
Mr. Wheeler: Yes, sir.
Commissioner Sanchez: OK. How many are in my district alone? Has there been a study broken down
in districts of how many illegal billboards?
Mr. Wheeler: I couldn't tell you that right now, sir.
Commissioner Sanchez: Are we collecting any revenue from those billboards?
Mr. Wheeler: It's a hundred dollars ($100) annual renewal on a billboard.
Commissioner Sanchez: Have you seen some of these billboards and the conditions they're in?
Mr. Wheeler: Yes, sir.
Commissioner Sanchez: OK. Has Code Enforcement taken any appropriate action to correct?
Mr. Wheeler: Over the years, there has been inaction on the part of Code Enforcement. I was getting
ready to go out and take action, and then they -- you all appointed this committee, so I thought it was in
the best interest of the City, not knowing what was going to come out of this committee to go out there
and take some sort of action without further guidance form the Commission.
99 March 29,2001
Vice Chairman Gort: But if you recall, last --
Commissioner Sanchez: Commissioner --
Vice Chairman Gort: Excuse me a minute. Let me just finish. Last meeting when we were here, we
requested -- the Manager already talked about that? Because we requested it. It didn't matter about the
committee. We needed to go ahead and enforce. I'm sorry, Commissioner Sanchez. I didn't mean to
interrupt.
Mr. Wheeler: I misunderstood Commissioner Sanchez. Over the years, there's been inaction. About
three months ago, I was going to go out and start enforcement of billboards. You all appointed a
committee here. I stopped the enforcement of that, because I thought it was in the best interest of the City
at that time, not knowing what was going to come out of the committee. At the last Commission meeting,
I was directed by the City Manager to go out and start enforcing the billboard ordinance. I have met with
the -- I have a meeting scheduled with the City Attorney to figure out the best way to proceed.
Commissioner Sanchez: Now, in 1990, if I'm correct -- Commissioner Teele made the statement that in
1990, they were allowed a grace period of five years to correct or remove the billboards. It is the year
2001, and these billboards are still up. And another thing that has side-swiped me is when you do some
research on the issue, and you find out that for the last 12 years, they have tried in Tallahassee to amend
the language of the Florida Statute to strip the City of Miami or local authorities the power to do away
with the billboards. And that's something that to me, it's very shocking. Now, we have -- and I state this
for many ways that the City -- not to pat ourselves on the back, but I think that the City in many ways has
taken the necessary steps to improve the quality of life. And I could just give you a perfect example is the
news rack ordinance. We have been able to work with the news racks to put uniformity and improve the
appearance of the City. These are quality of issue -- issues that are very important to the City, one, to
beautify the City, not only for our residents, but for the visitors. Now, I'm shocked when I read this report
where the committee wanted to increase the sizes and really do things that were, in other words, very
beneficial to the industry, when 14 cities in Miami -Dade County and every major City in our State have
already banned new billboards and are taking drastic steps to put controls on that industry. So I'm
basically shocked on that. Without a doubt, seeing the recommendations that are compatible here from
the current Code required, and the Planning and Zoning Department and the recommendations made, I
don't think the City is approving any of the recommendations made -- and correct me if I'm wrong on the
record -- that you're not approving any of the recommendations made by the committee.
Ms. Gelabert-Sanchez: No, we're not.
Commissioner Teele: She's not recommending them.
Ms. Gelabert-Sanchez: The only -- there's no recommend -- we are not -- we are denying all the
recommendations and all the requests. The only one that I did clarify was the one of the landscape
requirements, because I believe that you really have to review them case-by-case. The other ones where it
had to deal with increasing, we said no; amount, we said no; and height, we also said no.
Commissioner Sanchez: Thank you.
100 March 29,2001
Vice Chairman Gort: I have a question. Are you finished?
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: My question is, my understanding is -- and there's 375 signs there illegally.
They're illegal signs.
Mr. Wheeler: There are, by my survey that we conducted, there are approximately 375 billboards. When
we say "billboards," we're talking a billboard permit that you may have a pole or a stand and they may
have two billboards on each pole. That's considered one billboard. So by my calculations, there are 375
of those in the City of Miami. Out of those 375, my best guess is that 85 to 90 percent of them are illegal.
There are 220 of them in the C-1 District that, by ordinance, can never be brought into compliance.
Vice Chairman Gort: My question is -- my question is, of these here, there's no permit that has been
issued to them? They were just brought up?
Mr. Wheeler: I think Juan -- Mr. Gonzalez can probably answer that better than I can.
Commissioner Teele: What was the question?
Vice Chairman Gort: The problem is -- my understanding is you're talking about "X" amount of signs
being illegal, but I want to make sure is that if they're illegal, they shouldn't be there and they should be
taken out.
Commissioner Teele: Is what?
Vice Chairman Gort: The illegal signs, the billboards, the illegal billboards. They're saying 85 percent
out of 375 are illegal. What I want to know, is if anyone in the City issued a permit, because if you
charged them a hundred dollars ($100), or if you collected from them --
Juan Gonzalez: Mr. Vice Chairman, actually, it's the -- what happens is -- no. These billboards at one
time in history had a permit. They have become non -conforming, and therefore illegal under the current
ordinance, because the amortization date has run out. But these at one time were legal throughout the City
at one period of time under different zoning ordinances.
Commissioner Sanchez: But the City, the City has the right, the authority under amortization to remove
them.
Mr. Gonzalez: Yes, sir. As far as we are concerned, we believe we have the authority to remove them
under the Code.
Vice Chairman Gort: OK. Thank you. That was my question.
Commissioner Teele: Mr. Chairman.
101 March 29,2001
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I think we -- I don't know about -- Could I ask, just see a hand, show of hands of
the number of people who want to speak on this issue? I'm just trying to see -- OK. Mr. Chairman, the
one thing that I want to be very careful about in moving forward is that we don't wind up having a circle
and having a lot of friendly fire going on here. Code Enforcement today is different from Code
Enforcement from five years ago. This problem did not start today. And this is why -- something wrong?
Huh?
(INAUDIBLE COMMENT)
Commissioner Teele: And this is why I think we need to be extremely deliberate, and instruct the
Manager and the Attorney in an appropriate manner at the end of this. But the point is this: Code
Enforcement and the NET Office have not issued any new permits. Aren't they required to have permits
each year for billboards, Mr. Director? I think we need to be very specific about this.
Mr. Wheeler: Yes, they're required to renewal every year.
Commissioner Teele: And have any of the billboards that are non -conforming been renewed this year?
Mr. Wheeler: No. We're holding the renewal this year.
Commissioner Teele: OK. So I don't think it's fair to paint the Management as having done nothing. In
other words, from '95 to 2000, obviously, the City chose, for whatever reason, not to enforce this -- the
Commission, OK? From '95 to 2000, we've not enforced it. When we began to look at this issue, the
City staff, I think, acted appropriately and said: Well, we're not going to issue permits for this year. Did
you all issue permits last year?
Ms. Gelabert-Sanchez: Yes.
Commissioner Teele: So --
Ms. Gelabert-Sanchez: Yes, they were issued.
Commissioner Teele: OK. So up until last year -- And they would normally be issued when? In
December or January?
Ms. Gelabert-Sanchez: January.
Commissioner Teele: In January, things have sort of gone along, nobody -- you know, everybody go
along and get along. In January, the City staff took the action that probably should have been taken on
January of 1996, and that is no further permits have been issued. And what they're doing now, what the
City staff, and the NET Office and the Code Enforcement are doing now is that they are waiting on the
outcome of the deliberation between the industry and the City. Well, that deliberation, obviously, has sort
of fallen flat. So now it's going to be up to us to decide what is next. And I think it's very important that
we hear from the public in gaining their input in this discussion. But I just don't want to send the signal
102 March 29,2001
that the City staff has been doing nothing, because the problem, quite candidly, is the Commission in this
process.
Commissioner Winton: I don't think --
Commissioner Teele: We did not -- listen. This thing was very political, Johnny, in 1990.
Commissioner Winton: It may have been the Commission -- Right. But I wasn't here in 1990. I wasn't
here in 1998. I mean --
Commissioner Teele: It's not you personally, but you're still a Commissioner. You stand in the shoes.
Commissioner Winton: Right. But it was a Commission that was prior to us. And the way you --
Commissioner Teele: Well, of course. OK, then I stand corrected.
Commissioner Winton: Thank you.
Commissioner Teele: It was before me, too, by the way.
Commissioner Winton: Right. So that's what you should say. It was a Commission before us.
Commissioner Teele: OK. Well, but Johnny, the point is this: We stand in the shoes of our colleagues
that came here long before we did, like it or not. And the fact of the matter is we are now here to correct
this. And I think there is going to be unanimous support that we're going to address this problem in an
aggressive manner going forward. But the point I don't want to do is start having a -- as I said, having a
circle and having a shoot-out of friends in this, because it's not the Zoning Department, or it's not the
Building Department, or the NET Office. It's the fact that we have never said -- the Commission knew
about this thing all along. We've knew -- we -- not us -- the Commission before us knew about this. I
wasn't here. I was elected in 1997. So, Mr. Chairman, I'd like to hear from the public.
Vice Chairman Gort: All right. Those of --
Commissioner Teele: I wasn't here.
Mr. Hagen: Steve Hagen, 725 Northeast 73rd Street, Miami. First off, I want to say that serving on a
committee like this is quite exciting. I fully -- have a full appreciation to people who serve on all the
various boards and committees throughout the City. And the only difference between us and you,
Commissioners, is that we don't get gas money. You maybe make twenty or thirty cents an hour for your
time.
Commissioner Winton: Well put.
Mr. Hagen: I am going to be critical to a certain degree of the NET staff in terms of their lack of control
of this issue. And in -- I think I understand, though, that because it is an overwhelming issue when you
dig into the matter, as I have done. I served on the committee. And actually, this whole issue sort of boils
103 March 29,2001
down to, you know, what we want our City to look like, what kind of image we're giving to our visitors,
to our residents, to our businesses. And, you know, we might consider putting up a sign at the City limits
right now that says, "Welcome to a World Class City. Please Excuse Our Signs," because that's about
where we are. I wanted to give you the information that I collected by serving on this committee, and then
some recommendations. And Mr. Teele, you're absolutely right. The C-1 billboards -- serving on this
committee, we did not even know about C-1 billboards until about meeting number six, and that's when
one of your NET staff mentioned it. The industry didn't say a word. They didn't say a word about a lot of
items that I wanted to discuss in terms of the quality of life of Miami. And the issue about the State of
Florida, about ready to take away home rule and take away your ability to control billboards, that, I
address in my recommendations. In fact, it's recommendation number 5. So let me get on with my
presentation. In 1980 -- 1998 I inquired of my NET Office of what kind of fees billboard companies paid,
and if billboards are allowed to exist indefinitely. By the way, you all got this report about two weeks ago
before it was cancelled or deferred. A lot of new information has come in; so don't fall asleep too much.
At that time, NET showed that only three of 14 billboards investigated in my neighborhood were listed as
having valid permits. Thus, my interest in this outdoor advertising issue. Commissioner Winton
appointed me to the Outdoor Advertising Board; because he knows I wanted to see an improvement in
how outdoor advertising is presented in our City, and to ensure those companies who are doing business in
the City are doing so in accordance with regulations set forth. Today's agenda states that you are to listen
to the findings and recommendations of the board. Since I was the dissenting vote on all motions except
two, I believe it is to the public interest that you hear all of my findings and my recommendations. The
board was charged by the Commission to provide comprehensive examination and evaluation report on all
outdoor advertising in City boundaries, and we'll provide recommendations to the City Commission for
regulation of outdoor advertising within 90 days. And the City Manager is hereby further directed to
immediately initiate a thorough and comprehensive audit of all outdoor advertising facilities within the
City's jurisdiction and to recommend a remedial corrective and transitional plan for ensuring compliance.
At an early meeting I was determined -- it was determined by the Assistant City Attorney that the board
should deal only with off-site advertising. That is free standing and building mounted billboards, also art
landscape type banners, as allowed in the newly created Downtown District, and right-of-way advertising,
such as bus benches, bus shelters and newspaper receptacles. We would not deal with the -- with on- site
building signs. I accepted that limitation, but you need to know that on-site signs need complete review,
as well, as that is -- and that's in my recommendations. That was the one item that the board members
agreed upon. As of today, I'm not satisfied that the board accomplished what they were charged with
doing. Likewise, without further information from the staff, I have no reason to believe that what the
Planning and Zoning staff and the NET staff has done, without allocating additional staff will assure
complete compliance with existing codes or make sure that the City collects permit renewal revenues to
which it is entitled, and that it receives its fair share of personal property taxes on advertising equipment
collected by the County. I am not saying that the City staff has done nothing. In fact, the Planning and
Zoning personnel have worked very hard. I am saying that I am not aware of how they intend to make
certain that the alleged 21 or more illegal billboards that are along our expressways will be removed. At
our first meeting, I suggested that the board should have a complete review of a wide range of details
about existing billboards, in order that we could make recommendations in a responsible manner. The
board agreed, and instructed the staff to produce such information. At the first meeting, the staff provided
a list of addresses for approximately 340 billboard locations, a map showing existing zones, and a map
showing existing locations of billboards. The staff still does not have a total number of free-standing
billboards. As I know many locations have two faces, and there are locations that have as many as five at
one location, arithmetic there tells you that we could have perhaps a thousand billboards in the City. In
104 March 29,2001
addition, the staff left -- has left out small billboards, which are referred to as "H" sheets. They measure
about six feet -by -twelve feet, and they are usually attached to the side of a building. I have discovered
that one company alone has claimed ownership of up to 540 of these billboards. And those are not in the
original count of the City. Currently, new billboards in Miami are allowed only in areas zoned industrial
and zoned C-2. Both zones just happen to be along our expressways. A special zone downtown also
allows new art type landscape banners. At my urging, the board requested the City staff to provide a
spreadsheet comparison of Miami outdoor advertising codes with other major cities in Florida and
elsewhere. You have a copy of that spread sheet that the staff produced. Please note that the City code --
I'm sorry?
(INAUDIBLE COMMENT)
Mr. Hagen: Please note that the City Code, Miami Code is already more liberal than other cities. And pay
attention to the last few lines of the chart, which shows that all the major cities in Florida already do not
permit any new billboards, including Aventura, Coral Gables, Fort Lauderdale, Hialeah, Jacksonville,
Orlando, Miami Beach, Orlando and Tampa. Further research shows that even smaller cities like Bal
Harbour, Bay Harbor Islands, Homestead, Hialeah Gardens, Key Biscayne, Miami Shores, Miami Springs,
North Miami, South Miami, Surfside and Virginia Gardens have all banned any new billboards. Those --
that's 14 cities in Miami -Dade County and all the major cities in Florida. More on this in my
recommendations. I have directed you -- I have delivered to you a list of all the Florida cities, which have
eliminated new billboards. On the Internet, at www.city.florida.org is the definitive watchdog site, which
covers Florida law and billboards. Attorneys from that organization in the fall of 2000 helped Orlando to
completely ban billboards. The most revealing information found on the site is a page from Sign Control
News, August through September 1987, which states: The Federal Highway Administration has ruled that
local government may down -size billboards on Federal aid highways without implicating the cash
payment provision of the Federal Highway Beautification Act. You have a copy of that article, as well as
the copy of a letter from the Florida Department of Transportation, which substantiates the article. You
have the power to downsize any billboard anywhere at your disposal. However, this power, as well as the
power to remove billboards by the process of amortization, which was written about recently in the Miami
Herald, may be eliminated in the next few weeks by the State Legislature. More of this in my
recommendations. At several meetings, I stated that I thought it was irresponsible for the board to proceed
without formulating any -- formulating any recommendations when we did not have the complete
information we had requested. The board always proceeded. The sad truth about the work of the Review
Board is that its members have focused a bulk of their time on billboards along our expressways.
Specifically, they have spent their time trying to convince the Planning and Zoning staff that heights need
to be increased, the size of billboards need to be larger, that billboards need to be closer to the
expressways, and that they should be not -- should not be required to do any landscaping around any
billboard anywhere in the City. The board met approximately 25 hours over eight meetings. There has
been an average of two or three City staff at most meetings, sometimes as many as five. I know the
Planning and Zoning staff has probably invested more than 300 hours working with the board. The
production of maps consumed even more hours. I mention all this because on the surface, this issue seems
simple. But there are many details concerning billboards, which must be known to determine which ones,
are in compliance and which ones are not. The NET Office, at the admission of Franciso Garcia has done
virtually nothing in terms of enforcement in the past several years, and is waiting to see what the
Commission does now to determine how they will proceed with compliance. As far as I can determine,
the staff has relied on companies to submit their own inventory of billboard equipment and locations, and
105 March 29,2001
calculate their own annual renewal fees. The City has done little, if anything, to assure billboards in our
City are actually the billboards that have been permitted. When all the information is finally complete,
undoubtedly, you will learn that there are billboards all over the City, not just along our expressways,
which are either not permitted, or which are permitted, but have increased in size or height with no
additional permit. More in my recommendations. In regard to the financial benefit the City derives from
billboards, let me tell you, it isn't much. Let's look at renewal fees. Currently, a company pays just one
hundred dollars ($100) for billboards over 300 feet, sixty dollars ($60) for ones which are 100 to 300 feet,
and just thirty-five dollars ($35) for those 100 feet or less, the kind that you usually see attached to the
side of a building. Juan Gonzalez has reviewed two huge folders containing receipts of billboard renewal
fees for several years. Those folders contain only evidence that two companies have paid their renewal
fees over the last several years. Yet, we know there are perhaps as many as seven companies who have
outdoor advertising in the City. The companies who did report supplied details of location and size of
billboards, but yet the City staff has not computerized the information to produce a valid means of doing
inspections and creating invoices. When it comes to occupational licenses, Terry Kwong of the Finance
Department did a search and found that only two companies had paid for occupational licenses in 2000.
Let's look at the personal property tax collected by the County, which is shared with the City. Miguel
Garcia, the personal property supervisor at Miami -Dade County offices tells me that normally, businesses
submit a list of personal property owned at various addresses, and then they separate according to
municipality before they go to the tax billing office. I supplied him with a list of 340 locations the City
staff has produced. And after doing a test of addresses, he has not produced any personal property being
reported. Mr. Garcia was amazed there were no records by address. I also provided him with the names
of all the outdoor advertising companies in the phone book, including those companies represented by
their owners, or managers on the Outdoor Advertising Review Board. He produced one record showing
Republic Media as having reported equipment located in the City of Miami for the 2000 tax year.
Republic Media is not represented on the board. The only explanation Mr. Garcia and I can determine for
there being no records according to the names searched is that the outdoor advertising companies are
using some other names. I am waiting for the City staff to produce names that billboard owners may be
using, such as names used on occupational licenses, billboard permits or billboard renewals. When staff
finally accounts for all the fees and taxes, one thing will not change. The fact is the industry provides very
little to the City or County in taxes in fees, considering that they depend upon the use of public air space
for the generation of their revenues. I learned from a non-profit organization that it costs eight to ten
thousand dollars ($10,000) a month to advertise just one month on one billboard along an expressway in
Miami. That means a double -sided billboard can bring in close to two hundred thousand dollars
($200,000) per year for its owner. There are obvious benefits to the owners of billboards and to their
advertisers. However, when I asked the members of the board that we enumerate the benefits to the City
and to its residents and visitors, they had no interest in discussion. One member did provide a position
paper on the industry entitled "Overcoming Obstacles to Better Billboard Regulations." Let --
Commissioner Winton: Steve, could I interrupt you for a second?
Mr. Hagen: Yes.
Commissioner Winton: I think that your presentation has been going on for ten minutes. And public
hearings, generally, they run, you know, two. And so I think we're all -- we're all -- I think you're about
to lose allies here, if you don't --
106 March 29,2001
Mr. Hagen: Two minutes.
Commissioner Winton: You know, there's nothing like, you know, when the sale is consummated, sit
down and be quiet. Don't oversell the deal. You know what I mean? So, you know, any -- we're --
Mr. Hagen: There's some important stuff here.
Commissioner Winton: Well, I think we've read it, and I think we've heard it. That's the --
Mr. Hagen: Well, no. This part, actually, you haven't read. This is new. This is just this afternoon.
Commissioner Winton: You'd better hurry, lest you want to lost your allies.
Mr. Hagen: Let's look at the public service ads the industry may provide at no charge or at reduced rates
to non-profit organizations.
Commissioner Teele: Mr. Chairman, I'm going to say this very clearly. We're dealing with a
sophisticated industry. Your comments at this point are not helpful at all to the record. I don't think, if
we're going to regulate this on a land use issue, to start inquiring about the specific economic activities is
very helpful in any court proceeding that we may get involved in. I -- the resolution that I've already
written out discusses an examination and a review of the fee structure. But let me be very clear. A fee
can only be collected for the cost of providing the governmental service. Any fee that is based upon how
much money someone is making is a tax. And what that would do is make any legislation that we do
illegal. So I'm not certain an analysis of how much money the billboard industry is making is helpful to
the record that we're trying to establish. It's quite candidly harmful. We need to focus in on the land use
issues, the zoning issues and the regulatory issues. And I think we need to leave economic issues outside
of this discussion for our purposes in trying to understand what is the appropriate manner in which to
regulate a --or to provide a land use regulation.
Mr. Hagen: Can I give you my recommendations?
Commissioner Teele: You can do anything you'd like, but I'm just saying I think at some point, you're
hurting the record for us, Steve. By the way, I thought the analogy, Steve, of your serving on that
committee was more like the old story of, Steve the "Lone Ranger and Tonto." I don't know if it's going
over your head, Steve, but it's a unique story of the "Lone Ranger" in the prairies with a lot of Indians and
Tonto.
Mr. Hagen: Well then let's -- can we proceed with my recommendations?
Vice Chairman Gort: OK. Go right ahead.
Mr. Hagen: I'm asking the Commission to take action today on nine items which I believe are in the best
interest of Miami's street -based businesses, its residents, commuters and visitors. And I will skip over the
suggestion of extremely higher fees. Number one, act today to place an immediate moratorium on all
construction of new billboards, either freestanding or the new landscape banner type in any zone except
the special downtown zone in the case of landscape ads. And then do what Miami residents expect, and
107 March 29,2001
that is to adapt -- adopt as soon as possible an ordinance which bans all new billboards and landscape ads
from all zones -- landscape ads from all zones except the special downtown zone. The new Code
proposed by the Planning and Zoning Department is slightly better than what is on the books, but it will
still mean more billboards will be allowed in the C-1 and industrial zones -- C-2 and industrial zones that
should be.
Commissioner Teele: In the C-1?
Mr. Hagen: C-2.
Commissioner Teele: Oh.
Mr. Hagen: Excuse me. That was a typo error. You might want to -- Number two, act today to not allow
the installation of any new -- of any tri -vision device to any existing billboard. This is the rotating device,
which allows three messages on one billboard. Act today to eliminate bus bench advertising, pending the
expiration of existing contracts. This Commission should provide riders the dignity to rest while waiting
for a bus without having to sit on an advertisement. Instruct staff to review bus shelter contracts and
consider the addition of more bus shelters where practical. I suggest that new contracts should require a
company to pay for the installation of at least ten bus benches with no advertising for every bus shelter
placed in service or renewed. Act today to add to the Code a requirement that all companies post in four -
inch letters on the front of their billboards, quote, "Call 3-0-5" with a NET number for complaints. NET
staff should then follow up with an inspection and appropriate fines. If several complaints are registered
about the size or height of a billboard, NET staff should bring the complaint before the Code Enforcement
Board to be considered for downsizing or reduction in height.
Commissioner Winton: Steve, could I interrupt you one more time?
Mr. Hagen: Yes.
Commissioner Winton: Could you please -- I'm looking at this. There's four pages here, and you're
reading word for word on this document. Do me a favor. Read the underlying part and go on so that we
can -- there's a lot of people want to say things. And I think you've made a good point, you've worked
hard, but please.
Mr. Hagen: OK. Very good. Act today and instruct NET staff to allocate an existing person or hire a
new person to inventory and collect information on all billboards as needed to enforce the current codes,
and make sure inspection fees and personal property taxes are properly reported. Five has to do with the
Florida law. Florida law has allowed local governments the use of the constitutionally approved method
of amortization, reasonably investment -- reasonable investment recovery periods of five, seven or ten
years in order to remove billboards along roads classified as Federally aided primary highways as
designated, or as on the Florida Department of Transportation web site. These rights were confirmed in
the early 1970s, and appellate decisions in both State and Federal courts. Similarly, Florida law has
always allowed local governments the authority to require alterations to billboards anywhere along any
street, not just roads which are federally aided. The alteration cannot rise to the level of taking of
property. For example, you cannot lower a billboard below -- to such an extent that it would be hidden by
another billboard, a tree or a building. You also have the authority to downsize a billboard anywhere
108 March 29,2001
from, say, 960 square feet to 300 square feet. Well, the next paragraph refers to the Legislature and what
they're doing. Therefore, I urge you to act today to pass a resolution to be transmitted to the Florida -- to
the Miami -Dade Delegation, which tells them not to support changes to H -B-1053, which would eliminate
the amortization and downsize process as valid means of controlling billboards at the local level. Number
six, act today and instruct staff to notify owners in the next five days to all those billboards located in C-1
zones which have exhausted their amortization periods which began, I believe, in the beginning of '95.
The notification should give a time certain that their billboards must be removed or be subject to daily
fines and removal by the City. Time is critical, because this could be eliminated if the State Legislature
acts. Number seven, act today and instruct staff to notify owners of billboards in all zones except C-2 and
industrial zones and which are already -- and which are along federally assisted highways that their
billboards are now on a five-year amortization program, and scheduled for total removal in 2006. If a
billboard is on a street and is not federally assisted, inform the owner that the billboard must be reduced in
size by 50 percent in 90 days or be removed. Please note that I have made on recommendations regards to
existing billboards in C-2 and industrial zones, the areas along our expressways. I have always told the
board that I am not totally against outdoor advertising. They will tell you that their most profitable
billboards are those in these zones facing the expressway. Therefore, in regards to their existing
investments, my recommendations are to simply -- to demand enforcement of the current codes. Number
eight, act today to revisit the issue in 60 days, at which time staff should present a complete report,
including the information detailed on an attachment and the information listed below in spread sheet
format. Upon review of that information, the Commission can then consider if further down -sizing and
amortization of billboards should be applied to those billboards which remain along our expressways, or
those which are in C-2 and industrial zones. Attached are my recommendations of what information
needs to be collected by the staff in order to proceed, because a lot of information has to be collected in
order to make this happen.
Vice Chairman Gort: Thank you, sir.
Mr. Hagen: The only other comment I would have at this time, if I may, is how the Commission -- how
the public perceives the Commission, and what they do, and how they appoint boards and so forth. I got a
lot of calls. I got a lot of embarrassing calls by being on the board when we first started. There was an
article about the impropriety of some of the people serving on the board and so forth, and Commissioner
Teele addressed this earlier. It certainly appeared that the public interests were not being served. And a
recent development that was brought out in the New Times just -- in yesterday's article was that there was
two people actually serving on the board who actually joined or are joined in separate corporations. And I
would urge -- I know this is not the board that falls under the, quote, "sunshine laws," as a full-time board.
Unidentified Speaker: It is.
Mr. Hagen: It is? Well --
(INAUDIBLE COMMENT)
Mr. Hagen: Well, there seems to be some confusion on that. I just would like the Commission to take a
look at this in terms of whether it be a short-term board, such as ours was, appointed for a specific
purpose, or whether it be a full-time board, that it be pretty clear that people should divulge what
109 March 29,2001
connections they have. It would cause a lot less problems. It was embarrassing to have -- having to
defend the answers that were given to me by the Assistant City Attorney.
Vice Chairman Gort: Thank you. Next.
Dan Paul: My name is Dan Paul. My address is 777 Brickell Avenue, Miami, Florida. Members of the
Commission, I think that the Commissioners, Commissioner Teele and the others have really said it all.
And I'm going to take Commissioner Winton's advice, and I'm not going to retread the same -- chew the
same cabbage twice. I want to say that in order to save time, I'm here speaking for others in our group
over here: Mrs. Harry Hood -Bassett, who led the fight against billboards some ten years ago and was
really quite successful, Dennis Hector, Mark Hampton, Paula Forman, Lester and Helene Pancoast and
Sallye Jude. They're all here to speak, to get something done. And I think that what you need to do is to
authorize immediate enforcement of your ordinance, and to get your lobbyists busy in Tallahassee to
protect your authority, because a lot is at stake. The quality of our urban environment is what's really at
stake, and whether we're going to follow the lead and get rid of this visual pollution that is now spread all
over the City. And horrible to sit here and hear that almost all of it is illegal and shouldn't be there in the
first place. And what you have gotten? What's the City gotten for it? They've dropped a few shekels in
your tin cup. That's about it. And I strongly urge you to take action today and not delay. Thank you,
gentlemen.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman, may I inquire of Mr. Paul?
Vice Chairman Gort: Yes.
Commissioner Teele: Realistically, could the City Attorney and City count on your good offices as
amicus in the eventual litigation that we can expect?
Mr. Paul: Yes, obviously.
Commissioner Teele: Thank you.
Mr. Paul: Then I may need a tin cup with some shekels.
Commissioner Winton: You can help share mine.
Vice Chairman Gort: Anyone else? Anyone else who would like to address this body? Anyone else?
Robert Flanders: I'll be brief, and I'll be gone. Robert Flanders, 720 Palm Bay Lane. The Upper East
Side Miami Council would endorse your efforts in your ongoing program to bring a better quality of life
to our neighborhoods. We are the unwarranted and unhappy recipients of a number of these illegal
billboards, and we support your efforts to make Miami better. Thank you.
Vice Chairman Gort: OK. Thank you.
110 March 29,2001
Michael Muschett: Michael Muschett, 760 Northeast 82'd Terrace. I'm the president of the Shorecrest
Homeowners Association. We support you. We would wish to have all the illegal billboards removed
immediately. In our area, just to mention one example, the Northeast/Northwest 791h Street corridor, there
are quite a few billboards, and it's just come to my attention through the NET Office that most of, it not
all, are illegal, and we would like to see them removed immediately. Thank you.
Vice Chairman Gort: Thank you. Next. OK, we'll close the public hearing.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Just a question to -- I don't know. I guess the City Attorney. Are these
billboards illegal because they don't have a permit, or illegal because they are non -conforming with the
Code?
Maria Chiaro (Assistant City Attorney): Both.
Commissioner Regalado: Both. So then there might be some billboards that just somebody came and
placed it there and left, and it's been there?
Ms. Chiaro: My understanding is that that's the case.
Commissioner Regalado: OK. If we were to remove tomorrow those who have not gotten a permit, or --
would that put the City in harm's way in terms of any litigation? Because these people may have a
contract with the advertising agency or whatever. But what I'm saying is if we come tomorrow and just
take them off, can anything happen legally?
Ms. Chiaro: Well, yes. The answer to your question is "yes." Certainly, there could be litigation, but the
case law supports the amortization schedule that is in our City Code. And so the fact that there has not
been enforcement does not necessarily prevent the enforcement.
Commissioner Regalado: "Enforcement," meaning --
Vice Chairman Gort: Removal.
Commissioner Regalado: -- removing everything?
Ms. Chiaro: Yes. Or citing, depending on the circumstances.
Commissioner Regalado: No, not citing. Removing. I'm talking about removing.
Vice Chairman Gort: If they're illegal, they should be removed.
Ms. Chiaro: I don't -- depending on the particular billboard and the particular violation, whether it's
without a permit, whether it's non -complying, whether it's illegal, there is a process to go through.
111 March 29,2001
Commissioner Sanchez: And that process would consist of what? Proper notification?
Vice Chairman Gort: That's why I want to make sure you explain that, because it's very easy for us to say
go and do away with it. And people need to realize that we might make a decision here, but it's not as
easy as we think. There's certain procedures that we have to follow. And if possible, I'd like for you to
explain that procedure so people can understand it, and ourselves.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: If you'd yield just one second.
Commissioner Teele: I'd be happy to.
Commissioner Regalado: Because -- no, I -- I'm troubled for something that was said here by a member
of the board about the trust of the people on the City Commission. If I remember well, when we decided
on creating this board, it was said that we wanted the input from the industry.
Commissioner Teele: Right.
Commissioner Regalado: So this is why the industry was called to participate in this board; not because
the industry had the Commission in their pocket. And the fact that articles have been published, well, you
can spend in any way what you want. And since we have been praised because we want those illegal
billboards eliminated, I just want to make sure that if we can do it, we'll do it tomorrow. But if we can't,
then we have to tell the people why, because then it's going to come back and come back, the same trust
issue here. And I -- you know, I think that -- I don't mind to take the brunt of the complaints or the anger
of the residents, but if it's something that is unfair, it has to be said. So this is why I'm asking if we can
take these billboards tomorrow. If not, just tell us about the process. And, you know, whatever the
Commission wants to do, I'll support. But I'm just a little uncomfortable with what I perceive, attacks on
the City Commission.
Vice Chairman Gort: I think this Commission passed the last time we were here that those signs that are
illegal should be done away with. Commissioner Teele.
Commissioner Teele: Mr. Chairman, let me get someone from the Manager's staff, from the Zoning
Administrator's Office. Now, I've spent a little bit of time since trying to recover, and spent about two
hours with your staff, Mr. Manager, as you know, and your Assistant Managers. In fact, I even asked
another Assistant Manager to come in. So what we have here, candidly, is a process that didn't happen
overnight. It's a process that evolved. Five years ago, ten years ago, how many sign inspectors did we
have, Mr. Administrator? Or let me put it this way: It's my understanding that we had two sign
administrators, say, five years go; is that correct?
Juan Gonzalez (Chief Zoning Inspector, Planning and Zoning): Well, actually, we had two sign inspectors
at the late `70s, early `80s. After that, we -- for some reason, the positions were eliminated.
112 March 29,2001
Commissioner Teele: How many sign inspectors do we have now?
Mr. Gonzalez: Zero.
Commissioner Teele: OK. And this is very important, Commissioners, to understand. You know, we're
the ones who do the budget. You know, I'm the one always saying let's look at these position
descriptions, let's look at this, let's just don't rubber stamp things. Now, everybody is coming down here
now saying do it tomorrow, do it tomorrow. There's something in the Constitution called due process.
And I don't need to discuss the news of last night and today as it relates to vehicle impoundment
legislation that we have enacted. And I asked the question of Mr. Paul for a very clear reason, and that is
this: We are going to be in litigation about this just as sure as we move. And I'm prepared to recommend
that we move. But I'm not prepared to recommend that we wind up acting in other than a manner
consistent with the Constitution of the United States as it relates to both the 14th Amendment and the 5th
Amendment, as it relates to procedural due process, which is simply notice and opportunity to be heard.
It's fine to come down and say we want them removed tomorrow, OK? But I think you're raising a
number of issues. I think the issues that we clearly are going to raise and we will win on are issues of
latches, and issues of non -action, and those things, which will wind up filling the courtroom with a lot of
drama. But what I'm proposing is simply a resolution -- and we can entertain other resolutions, but I
would like to at least be on record as passing a resolution directing the City Manager and the City
Attorney to review the recommendations of the Outdoor Advertising Board and the recommendations of
the Administration, and to present within 60 days a policy regarding the regulations relating to billboards
to include the financial analysis of fees for permits, and a system to identify billboards from numbers to be
affixed on them, and further providing that all billboards that are deemed to be non -conforming shall be
noticed fully of their non -conforming and the intent of the City to remove such billboards within a
reasonable period to be determined by the City Attorney. Now, that's as far as I'm prepared to go now,
and I'd like to discuss this motion, and then we can obviously entertain other motions.
Commissioner Winton: I'll second for discussion.
Vice Chairman Gort: Motion and second. Discussion.
Commissioner Teele: Mr. Chairman, there's two or three procedural problems. Number one, the
Planning staff has zero persons that have been identified, nor does the Planning staff receive dollars --
which is Steve's point, which I don't want to speak for Steve -- nor does the City of Miami have dollars
associated with the review or planning of where billboards should be appropriately be. We're hurting
ourselves. In fact, your Assistant Manager for Finance recommended that as a part of this comprehensive
legislation, we create a planning impact fee associated with the billboards that, in effect, will recover the
cost of the Planning staff in determining where billboards should be and shouldn't be. But the basic
problem that we have right now is that the City staff does not have a mechanism to identify each and
every billboard, based upon the uniqueness of that billboard, which is a point Steve was getting at before.
This resolution would also direct the system of identifying and affixing to billboards that designation. So
there's two things here. Number one, we don't even really know how many billboards there are. I think
the committee -- Steve that was one of the problems. You went out and counted some yourself. Other
people went out and counted. We've got to go out here and inventory it first, and then we've got to send
these people notices to remove them. While we're doing that, I'm asking that the City staff return with a
113 March 29,2001
comprehensive set of ordinances, resolutions and ordinances that will give us a much stronger basis by
which to proceed with a forceful -- the removal of billboards. We are going to be into a removal of
billboards situation. But I think we've got to notice people, we've got to lay a predicate, and we've got to
review our legislative underpinnings to ensure that we're on solid ground. And that's the intent of this
resolution. I think as we identify billboards, the resolution would require that the Manager provide
certified notice of their non -conforming, and our intent to remove them if they are not removed. And so
that's as far as this goes on the point. Now, if someone wants to recommend that we go out here and
remove them tomorrow without regard to that, you know, that always reads well in the press, and it always
sounds good with the public, but I'm going to tell you something. There's something called an injunction
and there's something called just legal maneuvering. And I think we need to be on the strongest legal
ground when we pursue. The reason that I set up this committee was that I said we need to get the non-
conforming and illegal billboards out of here. And that's my intent, and that's where I'd like to go. But
I'd like to do it in a manner consistent with good public policy and a constitutional framework.
Commissioner Winton: Commissioner Teele, I share your concern about running out tomorrow and
ripping up billboards, simply because we haven't taken action in the past. However I'm -- and maybe you
can help me with some language here in terms of your -- of your resolution. I am concerned that we're
creating a new set of rules that may not be necessary. It seems to me that we want to follow all existing
processes and procedures that we have for dealing with illegal billboards in our City, and I think we ought
to be following that procedure immediately.
Commissioner Teele: And Mr. Chairman, Mr. Chairman, to you, Commissioner Gort, I fully agree. What
I'm talking about are those billboards that -- those billboards that are legal and that shall be legal. I don't
think we should give them a free ride anymore.
Commissioner Winton: OK.
Commissioner Teele: So we're talking about the entire industry. Now, you want to talk about that? I've
not at all said grandfather anybody in or any of that. But we've got to identify them, we've got to notice
them, and I'm telling you, we don't have a handle, a full handle, for whatever reason, on whose billboards
they are, where they are, what the configuration of those billboards are. I've met with the staff one by
one. They are totally candid. They are willing to go out there and do what they want to do. In fact, if you
all direct Wheeler to do it -- Chief Wheeler to do it tomorrow, he'll be out there with tow trucks pulling
down signs. But I don't think that's the way we should go about doing this thing.
Commissioner Winton: No. And I agree with that 100 percent. I'm just saying we have procedures in
place. And maybe I didn't understand this resolution, because I thought this resolution was saying that
let's -- let's wait 60 days to follow any -- OK. Because I'm in favor of following the procedures that are
in place with illegal billboards right now, and adopting what you're suggesting here as it relates to overall
policy.
Commissioner Teele: But the problem is there is nothing in place between 1995 and now. You see,
we've got to go back now with the lawyers and put a procedure, a procedural process in place that
basically infers all of the court cases and all of the laws that say: "Look, you know, Mr. XYZ, Madam
ABC, you have a billboard here. We've identified this billboard as being non -conforming for the
following reasons. We're providing you with `X' number of days to remove that billboard. If you do not
114 March 29,2001
remove that billboard" -- whether it's a daily fine or whether it's this -- I mean, that's the kind of stuff that
the Manager should do.
Commissioner Winton: Right.
Commissioner Teele: But a part of that should be: "If you don't remove that, we will be removing it."
Commissioner Winton: I agree.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: I am prepared to support Resolution Number 2, which is the one opposing any
legislative initiative that would take away our authority in Tallahassee and supporting the League of
Cities. That, I don't have a problem with, and I am prepared to second it when it comes up. However, on
the resolution that's in front of us, I think it's a soft sell. I would support it with some friendly
amendments that I have prepared to put in that resolution. But, you know, we have stated already that,
you know, the grace period of five years and no action taken, you know, I am prepared to grab the bull by
the horn. And if that resolution does not pass, then I'm prepared to make a motion directing the Manager
to direct the Planning Department to bring back their recommendation at the next Commission meeting for
final approval to include a 60 -day -- six months compliance for that resolution.
Commissioner Teele: But, see, I'm not prepared to give six months compliance on it. I mean, we may -- I
may be at the right time, but we've got to notice people and figure out exactly where we are. I mean, six
months time, we need to distinguish -- and the other thing we've got to do is we have all kinds of illegal
signs. It's not just one group. We've got the C-1 group, we've got the 200 feet group, we've got the
buffer between 200 feet and 660 group, which apparently it's about 17 of those signs. So we've got
different issues that -- somebody is going to have to sit down, figure out who owns them, who -- where
they are, and what they're violating. It's just not like you can just say, "You're out of compliance and get
it out." You've got to cite something specific. You must be definitive and specific, and detailed if you
intend to enforce this.
Commissioner Winton: On each sign.
Commissioner Teele: On each sign.
Commissioner Winton: It's not a blanket thing. Each sign.
Commissioner Teele: It's not a blanket thing.
Commissioner Sanchez: Let me just -- my motion was the six months to comply. Your resolution here
gives them 60 -- I believe it's 60 -- within 60 days.
Commissioner Teele: My resolution does not relate to them. My resolution relates to the Manager and
the Attorney. Now, if they want to give them 60 days, that's up to them, as far as I'm concerned. They've
115 March 29,2001
got to give them some period of time that -- whatever is reasonable to comply. I don't necessarily think
six months is unreasonable. I don't necessarily think 60 days isn't unreasonable. But the fact of the
matter is, is that I don't think we can, from this policy point of view, try to determine each and every
element. If you want to amend this resolution --
Commissioner Sanchez: Which I intend to.
Commissioner Teele: -- I'm open to any specific amendment that you have. If you just put it up, I'll work
with you.
Commissioner Sanchez: Mr. Chairman, motion to amend the resolution to include the Planning and
Zoning Department and to add a 60 -day compliance.
Commissioner Winton: So that -- so what you're adding is that the billboards have --
Commissioner Sanchez: Johnny, all I'm adding is -- it says the Administration, the attorney, which he
included. I want to make sure the Planning and Zoning Department has something to do.
Commissioner Teele: By law, we can't direct the Planning and Zoning. We do it all the time. We direct
the Manager. He directs the Planning and Zoning. But in any event, I don't have any problem including
Planning and Zoning in this. The question that I'm trying to understand is what is it you want them to do,
Planning and Zoning?
Commissioner Sanchez: To give recommendations, the recommendations as they have set forth here
today.
Commissioner Teele: That's what I've asked for.
Commissioner Sanchez: OK.
Vice Chairman Gort: Yes, that's what the resolution says.
Commissioner Teele: I mean, if you want to say the Manager, specifically Planning and Zoning, I don't
have a problem with that.
Commissioner Sanchez: OK.
Vice Chairman Gort: But let me interject a minute. My understanding is the resolution is requesting the
same thing you are, but he wants the Administration to come back within 60 days with a procedure to do
so. Now, my understanding, Commissioner Teele -- and correct me if I'm wrong -- we're also stating that
anyone who is in non-compliance right now, we should somehow talk to the Law Department and go
through the procedures and start taking them away. Is -- am I correct?
Commissioner Teele: Anyone within the period of time. They can't all -- they can't all rush to a
computer and do this tonight. It may take them 30 days to figure out who's where and who's what. But it
116 March 29,2001
needs to be done properly and correctly, and it needs to be done with sufficient legal specificity so that it's
not just some generalized statement.
Vice Chairman Gort: OK. There's an amendment to the -- does the maker of the amendment accept the
amendment?
Commissioner Teele: Without objection, I have no objection.
Commissioner Winton: Well, I accept the -- the seconder accepts the amendment.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who
moved for its adoption:
RESOLUTION NO. 01-284
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY AND CITY MANAGER, WITH THE
ASSISTANCE OF THE DEPARTMENT OF PLANNING AND
ZONING, TO REVIEW THE ADMINISTRATION'S AND OUTDOOR
ADVERTISING REVIEW BOARD'S RECOMMENDATIONS
RELATED TO BILLBOARD PLACEMENT IN THE CITY OF MIAMI
AND TO PRESENT, WITHIN SIXTY DAYS, (A) A FINANCIAL
ANALYSIS OF FEES FOR PERMITS, AND (B) A PROCEDURE
ESTSABLISHING AND IMPLEMENTING A CITYWIDE
BILLBOARD POLICY TO INCLUDE A NUMERICAL
IDENTIFICATION SYSTEM FOR ENFORCEMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
117 March 29,2001
Upon being seconded by Commissioner Winton, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Teele: I would move Resolution Number 2.
Commissioner Sanchez: Second, Mr. Chairman.
Commissioner Winton: Second.
Commissioner Teele: Which is a resolution supporting the League of Cities' position opposing legislation
and further instructing our lobbyists and requiring that our lobbyists are to provide a statement that they're
not representing anyone as it relates to this legislation.
Commissioner Winton: Commissioner Teele could --
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Second.
Commissioner Winton: Would you mind if we added in this some directive to the League of Cities to get
this same resolution that we're passing out to all its member cities throughout the State? Because this is
Statewide legislation, and we need to get more people fired up about this.
Commissioner Teele: I accept that as an amendment.
Vice Chairman Gort: As your representative in the League of Cities and past President, that's some of the
things we work for there. We want to maintain our home rules. We want to make sure the State does not
overrule us, so we'll be more than glad to do so. OK. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
118 March 29,2001
The following resolution was introduced by Commissioner Teele, who
moved for its adoption:
RESOLUTION NO. 01-285
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING THE FLORIDA LEAGUE OF CITIES' OPPOSITION
TO LEGISLATIVE INITIATIVES TO ELIMINATE OR DIMINISH
LOCAL GOVERNMENT'S AUTHORITY TO IMPLEMENT
REASONABLE AMORTIZATION COSTS FOR THE REMOVAL OF
BILLOARDS LOCATED ADJACENT TO HIGHWAYS OTHER THAN
FEDERAL HIGHWAYS; FURTHER, STRONGLY OPPOSING
SECTION 26 OF PROPOSED HOUSE BILL 1053 AND ANY OTHER
ENDEAVORS INITIATED TO LIMIT LOCAL GOVERNMENT'S
REGULATION OF BILLBOARDS; DIRECTING THE CITY CLERK
TO TRANSMIT COPIES OF THIS RESOLUTION TO DESIGNATED
OFFICIALS; REQUIRING ALL LOBBYISTS REPRESENTING THE
CITY TO ADVISE THE CITY MANAGER OF ANY CONFLICTS
RELATEDTO THESE ISSUES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
119 March 29,2001
Vice Chairman Gort: You want to take Item 21 right now? If you all recall, you wanted to
separate the two items, make it two different items. And this is the JumboTrons.
Commissioner Teele: Mr. Chairman, I would --
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I would individually request that the City Attorney take note of the fact
that Mr. Paul has agreed to be available for some consultation, seriously, on this matter, and to
use his offer in whatever manner you deem appropriate.
Vice Chairman Gort: Thank you. Who's going to go first?
Ana Gelabert-Sanchez (Director, Planning and Zoning): I believe the -- what we have is a
recommendation on the JumboTrons. If you want, I can -- Right now, in the Zoning Ordinance,
we don't have anything that refers to JumboTrons. Mr. Buoniconti came to the City prior to the
Outdoor Advertising Board, asking for such a sign. We explained to him that we did not have it;
we would have to have written new regulation. At that time, the Outdoor Advertising Board was
put together and the JumboTrons became part of it. Right now -- and he'll make his presentation
of what is the JumboTrons. What --After the Planning Department looked at it. What we are
recommending is that this type of signage would be allowed only on the retail and waterfront
rental specialty centers. They would require a Class II, which would allow us for design review.
As we saw it, we don't feel that we would like to see them allowed in the Central Business
District, in the SD -2, which is the Coconut Grove and the SD -6, which is the Omni
Entertainment District, which is what Mr. Buoniconti had requested. We feel that within a
specialty center, it could be something where it would be more pedestrian. It would be -- to
gather pedestrians. We feel that they might not be in scale with the City. And also, it would be a
safety issue that we feel would not be appropriate.
Vice Chairman Gort: OK. Thank you. Yes, sir.
Gil Pastoriza: Good afternoon, Mr. Chairman and Members of the Commission. My name is
Gil Pastoriza, offices at 2665 South Bayshore Drive, Suite 420. I'm here with Marc Buoniconti.
And basically, we are almost, almost in total agreement with your staff's recommendations,
except for that we would like a small modification to allow for this type of signage in the SD -2
as a special exception. What that will do for you is that it will still -- if you find an acceptable
location within the SD -2 District, it still requires a public hearing before this Commission. At
that time, this Commission can evaluate and members of the Community can evaluate whether
that is a suitable location or not. So it's not that we want to get it in as an -- administratively, but
we would like the opportunity to be able to come up with locations within the SD -2 District that
may be acceptable through a public hearing process. And I have Marc Buoniconti, who would
like to talk to you a little bit about what is a JumboTron, address some of the safety issues that
your staff talked about. We would be very brief. Not more than 15 minutes, right, Marc?
120 March 29, 2001
Marc Buoniconti: Not more than five minutes.
Mr. Pastoriza: No more than five.
Mr. Buoniconti: Less than five minutes.
(INAUDIBLE COMMENT)
Mr. Buoniconti: Thank you, Mr. Chairman and fellow Commissioners. Thank you for allowing
me to talk to you about this concept of video display systems also known as JumboTrons.
JumboTrons, as community entertainment, as community information, definitely not billboards.
We want to make sure that you all know that they are definitely not billboards. South Florida
has a unique opportunity to be exclusive to this progressive technology that are considered
landmarks, landmarks for the City of Miami, that the City of Miami can boast, that the City of
Miami deserves, distinguishing itself from other South Florida cities with the competition and
the edge that the City of Miami needs over other cities in South Florida, with an area, specific
area in downtown Miami and a specific area in Coconut Grove. And we're talking about the
content on these JumboTrons are responsible programming, public service, education, social
issues, charitable non-profit programming, live events, super bowls, world cups, baseball events,
the Miami Heat, news, weather, sports, financial information, community -oriented programming,
presidential debates, calendar events, community meetings, Commission updates, festivals, New
Year's Eve, Fourth of July. This is all the type of content that we would be considering putting
on these JumboTrons, proven to increase tourism, business patrons, help existing and new
businesses by providing increased pedestrian traffic, and through advertisement and promotions,
with an added value of providing apprenticeships and training for students who can enjoy this
type of technology, special discounts and revenues for the City of Miami businesses, as well as
revenues to assist community organizations, coupled with creative and interacting advertising.
This technology is not new. This technology is not new to the City of Miami. In front of us are
different areas in which -- in the City of Miami in which this technology already exists, on I-95,
several different locations on Biscayne Boulevard. The American Airlines Arena has seven of
these on Biscayne Boulevard, as well. And also, in Coconut Grove, there's illuminated signs,
albeit they're certainly different than what we're proposing. We're proposing more of
community value for these type of display systems. But they already are existing in this City
without any kind of legislation. We have a specific area -- being that I'm part of this
community; I wanted to do something that this community could be proud of. I have here in
front of us safety concerns, and I figured if I'm going to get the information, I'm going to go to
the top. I went to Times Square and to Las Vegas, two of the most busy areas in the world that
have this type of technology. And I have opinions from the Public Safety Department of both
Las Vegas Police Department and the New York Police Department that's included in your
packages that ever since this technology has been in these cities, not one incident, whether
vehicular or pedestrian accident, because either a vehicle has been distracted, or a pedestrian has
been distracted by this type of technology. The fact that they're putting their name on the line
means that there is no type of difficulty with this type of technology, and the fact that there is no
life safety issue as it relates to this type of technology. We have community support. The next
board -- it's kind of difficult. It's a three -sided board, but bear with us one second. We have the
121 March 29, 2001
community support from three organizations in Coconut Grove: The Cocoanut Grove Village
Council -- I'm sorry -- the Coconut Grove Chamber of Commerce. Beg your pardon. The
Center Grove Neighborhood Association, as well as the West Village Homeowners and Tenants
Association, as well as petitions from over 200 businesses and residents in the SD -2 District that
believe this is a positive thing for the community. This is a tried and proven concept, only
positive impacts to the community. There's no negative impacts to the community whatsoever.
And I urge to create legislation to allow this use. Under the direction and the supervision of the
Commission, I'm sure that we can create an ordinance in these two districts that we can all be
proud of. I'd like Mr. Pastoriza to speak about the specific recommendations, and I appreciate
your time.
Mr. Pastoriza: Yeah. In summary, really, what we would request is that you instruct your staff
today to write legislation along the lines of your department's recommendations with the caveat
that we propose, which is allow them in the SD -2 District by special exception. I mean, there is
no -- there is a win/win situation here. The fact that this will be done by special exception still
leaves the control of the siting of these JumboTrons in the SD -2 District in your hands. So I
don't see why anybody would have any objections to allowing them in the SD -2 District by
special exception after public hearing. Thank you, sir.
Vice Chairman Gort: Thank you, Mr. Pastoriza. OK, staff.
Ms. Gelabert-Sanchez: The staff doesn't agree with allowing it by special exception in SD -2.
We feel that the quality and the scale that Coconut Grove has doesn't really -- a JumboTron of
that design, it doesn't really -- should not be part of what you have today on the urban fabric of
Coconut Grove. The scale of it is of one of pedestrian quality. We feel something of that sign; it
would become a roof sign, which presently are not allowed. It would add to the visual clutter in
the Center Grove, and we feel that the safety, even though Mr. Pastoriza has stated that it's not,
we feel that it would be a problem. There is a lot of pedestrian and vehicular traffic in the Grove,
and that's why our recommendation would be to allow them through a Class II within the
specialty center. That would mean it could be allowed in Cocowalk, it could be allowed in
Mayfair. You would be able to see it from the sidewalk. It's just not -- it doesn't become the
icon that everyone -- you know, that it would create a problem between vehicles and pedestrians.
Vice Chairman Gort: OK. Thank you. Tucker.
Tucker Gibbs: My name is Tucker Gibbs. I live at 3835 Utopia Court in Coconut Grove. I'm
representing myself today. This is an issue that --
Commissioner Winton: Are you paying yourself?
Mr. Gibbs: I wish I was. This is an issue that Mr. Pastoriza and Mr. Buoniconti and I have
sparred over for the better part of about six months, and it is a concern to me and other people in
the Grove. One of the most important issues about Coconut Grove is the SD -2 District. And the
SD -2 District came out of the 1974 Coconut Grove Planning Study, which was a collaborative
effort from all portions of Coconut Grove. And the whole point of this SD -2 character, as
portrayed in that planning study and subsequent planning studies that you all have been more
122 March 29, 2001
recently, was to protect the quality of the community, the business community of Coconut
Grove. And the question is, what is the character of Coconut Grove? And everybody here
(unintelligible) poetic on that all night long. The bottom line is, will a JumboTron add to the
character? Will it do anything to enhance the character of Coconut Grove? Does it fit in with
the character? The whole point of the SD -2 Zoning District is to preserve the character. Sign
regulations are a very critical part of this. Coconut Grove businesses and residents will tell you
that one of the most important aspects is sign regulation. Allowing this use allows off-site
advertising. Think about it. This is like a billboard. It's an off-site advertising. This isn't
advertising your dress shop or your pharmacy or your restaurant. This is advertising something
that isn't even in Coconut Grove, probably. This is national advertising. It is nothing more than
an electronic billboard. Question about these JumboTrons: do they have sound? And if they do
have sound, how loud are they going to be? The economic question: does a glorified TV set
really going to bring more people into Coconut Grove and help the area's economy? I asked a
question at the Village Council meeting. The economic studies that showed that in Coconut
Grove — I mean an economic study that shows that this is going to improve Coconut Grove
businesses. Is it going to attract visitors to Coconut Grove and what kind of visitors will it
attract? Is it going to bring in visitors — is it going to bring in kids who cruise the streets; don't
spend money, and do nothing to help the economy of Coconut Grove? What's going to be the
impact on Commodore Plaza? What's going to be the impact on the west Grove and other areas
of the Grove? Has any study been done on the non -Coco Walk, non -Mayfair areas of the Grove
in how this will help those areas? Let's look at the traffic at the intersection at Main Highway,
Grand Avenue, and McFarlane Road, which is where Mr. Buoniconti had proposed to put this. It
is one of the biggest intersections and busiest intersections in Coconut Grove. The idea that, as
you're driving through that intersection, which is already slow as molasses anyway during rush
hour, you're going to stop and look at the sign? You're going to slow down? How is this going
to help traffic? Let's see. What other issue do we have here? Pedestrians. One of the issues
that I know the Planning Department talked about was the issue of pedestrians and accident
potential that this — Yes, people who are looking up — no, they're not looking at the road. People
now are on cell phones and I don't — you know, the Public Safety Department of Las Vegas and
New York can say all they want. I know that when people have cell phones in their hand, they
are more apt to be in an accident. The idea that they're going to be rolling through an
intersection and not look at a picture and maybe — and look at a picture and maybe run into
somebody, I think is about — is likely as somebody getting into an accident when they're on a
cell phone. The other one is the legal issue. Try to create an ordinance that is going to allow one
JumboTron on the streets of Coconut Grove. One JumboTron? I don't think so. If you allow
one, you're going to have to allow others. If you all Mr. Buoniconti to put his up or put two up,
somebody else is going to pop up and say, "I want mine on my building; I want the rents from
that for me." You're opening up Pandora's Box. I think, if you listen to the people of Coconut
Grove — I know the time is late. There's a lot of items on the agenda, but think about this. Say
no now and avoid a big hassle down the road, because all you're doing is opening up Pandora's
Box. Thank you.
Vice Chairman Gort: Thank you, sir.
Mr. Bruce Reep: I'll keep it short. Quick comment. Bruce Reep, 3530 East Fairview Street. I
was present when this was presented to the Village Council, as well as other meetings, and I will
123 March 29, 2001
tell you that the Village Council City Club did not support this. I ditto everything that Tucker
said and more on the issue. I've worked for the last seven years right on McFarlane with kids
and I watch how many kids do not observe themselves and everybody fighting to get across that
street and beat that light and as that person is looking up, somebody's always behind them and
they give them a little horn. They just hit the gas. They don't always look. And we're going to
hurt somebody. We don't need this here. I think it's a great idea. Wrong location. Thank you.
Steve Hagen: Steve Hagen, 725 Northeast 73rd Street, Miami. Mr. Buoniconti mentioned
JumboTrons on 95. That JumboTrons that's on 95 is illegal. In terms of JumboTrons, I could
see JumboTrons in an area such as special zone downtown Miami. I cannot see them on just any
street, especially not in Coconut Grove. And I cannot see them -- I haven't been to Bayside
recently, but I guess there's a test size one down there. I would not approve of a JumboTron in
any publicly owned facility, which happens to be leased to, you know, a corporation. If they
want -- if you want to allow them in a private business, where it's not viewable from a public
right-of-way, or where it's light is not viewable from residences, I would say fine. People -- if
they want to line the walls of a shopping center, go ahead. I mean, I have a friend who lives in a
charter club, which is nearly a mile from the JumboTrons that's on 95. That's a small device and
he can -- you know, he can see it at night. I mean, if it was a full-sized device, it would, you
know, give you a suntan as you were driving by it. It doesn't belong in Coconut Grove certainly.
Vice Chairman Gort: Next.
Charity Johnson: My name is Charity Johnson. I live at 4047 Malaga Avenue in Coconut
Grove. I also own property at 1809 Wa Kee Na Drive in Coconut Grove. And my mother, who
is here. Raise your hand, mom. Bernice Johnson lives at 2031 Secoffee Street, the house where
I grew up since 1964. I've been involved in a number of civic organizations and I'd like to just
say that I was, through e-mail, informed of this and I was at the prior meeting with the Village
Council and you do not have the support of the Coconut Grove community and the residents and
the taxpayers that live here do not want this in their community. Thank you.
Vice Chairman Gort: OK. Thank you. Yes, sir.
Marc Sarnoff: Marc Sarnoff on behalf of the Center Grove Neighborhood Association. I don't
know that there -- someone can say they do or don't have the support of the associations because
we are the Center Grove. We are the association that represent it. We had a long discussion on
this, and I guess what you're not really hearing equally is the good that can be brought from this
particular -- the good that could be brought from this particular JumboTrons. I don't know -- I'm
sure you would all know a recognize that the various organizations in the Grove have a great
deal of difficulty getting their message out, whether it's for meetings; whether it is for agendas;
whether it's just to rally people. It's a very expensive proposition. The way Mr. Buoniconti has
put this, he's going to allow us to use the JumboTrons so that we can allow the citizens of the
Grove to learn about the West Grove Homeowner's Association meet, the Center Grove
Homeowner's Association meeting, and it's a way to get the message out inexpensively and
effectively and you're not really hearing that, and I think you should recognize that and consider
that because all you're hearing is, oh, my God, if you had King Kong on top of the building, it
would be disgusting. Well, I'm sure it would be. But if it's properly done and if it's appropriately
124 March 29, 2001
done, you could get a very effective message out there, and that's so that the meetings with all
the various organizations can take place, and that's why we supported it; we debated it, and we
came to the conclusion that if properly done, it would be a good and valuable instrument for the
community. Thank you.
Vice Chairman Gort: Thank you. Next.
Harry Gottlieb: Good evening. My name is Harry Gottlieb. I live at 3171 -- 3173 Shipping
Avenue, Coconut Grove. I happen to live in Center Grove. I was not consulted on this decision.
I talked to many people that live this Center Grove and South Grove and North Grove and they
do not think this is a particularly good idea, and I happen to be in media and I believe in media
and I know the power of media. I'm a media consultant. I work for TV stations, radio station. I
even work for an outdoor billboard company here in town several years ago, and I just don't
think this is appropriate for Miami. And I think the thing that needs to be considered is that Mr.
Buoniconti says that, you know, he's comparing us to Las Vegas, to the strip in Las Vegas and to
Times Square and I don't think that's a good comparison. I don't think we want our community
to be anything like the strip in Las Vegas or Times Square. I think we want our community to be
more like a Sausalito or Martha's Vineyard or Carmel, California, and I don't think that any of
those communities would permit such an eyesore and such a distraction as an electronic
billboard, and so I hope that you will choose not to allow it. Thank you.
Vice Chairman Gort: OK, sir.
Joyce Nelson: Joyce Nelson, 2535 Inagua Avenue. I am absolutely shocked that this item is
even on the agenda because we had and huge meeting here with the Village Council sponsorship
for all the organizations in Coconut Grove. This was a couple months ago. This auditorium was
full and the people were against it. So, all of a sudden I hear that it's on this agenda, and I don't
think the community even knows it's on the agenda or those people would be here to speak
against it for Coconut Grove. So, the Village Council voted against it; the Grove Treeman Trust
has voted against it; the Civic Club has voted against it. We do not want a special exception or
Class II. Who would be notified? The notification is only within now five hundred feet. So,
how would you even know it's coming back here? And at what time would it come back here, in
the morning? Nobody could come. Is it going to be PZ item? Only if it's special exception.
Whose going to be notified. This is a very bad idea. Even to think about bringing it into this
area. There's another issue that was brought up at the Village Council meeting, where everyone
was here, was the fact that the proposers were offering monetary money to people for their
support. I don't know if this is still true, but a few organizations voted for it on the perhaps
getting ten thousand dollars ($10,000). The next issue that I wanted last is that if we're going to
put events for this sign for local organizations to see, I would have to be driving on McFarlane
and Grand Avenue at the exact time it's shown. Thank you.
Vice Chairman Gort: Thank you. OK.
Mr. Pastoriza: Mr. Chairman, just briefly.
Vice Chairman Gort: Yes, ma'am.
125 March 29, 2001
Jean Dolan: I'm Jean Dolan, 2666 Tigertail. I came for another agenda item today, but I really
couldn't resist speaking. When she said she was shocked, I'm absolutely appalled that this item
comes after the whole sign business. A JumboTron. Gentlemen, we have these right in our
homes. They're called TV sets, and the public is tired of inundated with advertising, with calls at
dinner time, with having spam on your telephone, with e-mails that don't say anything, with
everything else. The taxpayer is bombarded. We live in Coconut Grove. We don't live in Las
Vegas. We don't live in Times Square. And I can't believe that we're going to have a super
JumboTrons now in our lives in Coconut Grove, a very bad idea.
Vice Chairman Gort: Thank you, ma'am. Yes, sir.
Mr. Pastoriza: Mr. Chairman, just a brief — Mr. Buoniconti would like just to say a couple of
things, especially one of the comments made here about the money.
Mr. Buoniconti: The monetary aspect was that we have decided to take fifty thousand dollars
($50,000) a year, revenue from the JumboTrons and put into a community fund. That is
governed by the organizations in Coconut Grove, not run by us, run by the organizations within
Coconut Grove, to fund and to support the organizations and projects within Coconut Grove. So,
it's not run by us. It's run by the organizations in Coconut Grove for the betterment of Coconut
Grove and we're in agreement with the staff of the City of Miami, in that we agree with the retail
specialty centers and the waterfront retail areas and so, I think that's the main issue at hand. I
think that's what we are asking for the legislation and an ordinance in regard to that matter.
Thank you.
Vice Chairman Gort: OK. Thank you, Mr. Buoniconti. Thank you. I'll now close the public
hearing. Commissioner Winton.
Commissioner Winton: Mr. Chairman, you know, I think that I'm going to make a motion to
accept the recommendation of the staff on this JumboTron issue, period.
Commissioner Teele: Second the motion.
Vice Chairman Gort: There's a motion to accept. Second. Any discussion?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I want to take notable exception -- I want to ask Manager one question. Is
the sign, the JumboTrons, whatever you call it, on 95 as you go on to 836, is where I think it is --
is that sign an illegal sign, Madam Director? Madam ...
Ana Gelabert-Sanchez (Director, Planning and Zoning): Yes, it is. It does not have a sign. We
do not allow that type of sign in the city. It's not in an ordinance.
126 March 29, 2001
Commissioner Teele: Let me make two observations, then. I think it's very important, Mr.
Buoniconti and others, that when you make reference to something you want to do, you make
sure that it's legal because none of us want to intentionally or unintentionally endorse something
that is wrong, and, secondly, invoking the concept of Times Square does -- as I told you in our
private meeting, does not do your cause any good. I know that the number one political
philosophy in this town is me too, and I know that there is some discussions about Times Square,
and as I shared with you, to compare this to Times Square is totally not appropriate, nor is what
you're proposing anything like what we have been talking about with the City about Times
Square, and I just want to basically be on the record as saying, I would hope that the Commission
would strike in our minds all references to Times Square and the JumboTron that have been
made because the fact of the matter is, is that we are trying to figure out how to implement a
Times Square concept in a certain area of the downtown area, but it will be done with a careful
consideration of the professional staff and not by lobbyists or persons who are interested in
profiting or being a part of that. That is something we want to keep totally apart from this
process, and, so, I just want to -- as I said, I think the staffs recommendation is to allow this to
be considered in the waterfront retail -- what is it?
Ms. Gelabert-Sanchez: On the retail specialty centers --
Commissioner Sanchez: Retail specialty centers.
Commissioner Teele: Retail specialty centers --
Ms. Gelabert-Sanchez: --within...
Commissioner Teele: -- area. I'm a little bit troubled, Commissioner Winton, with your
appointee to the Outdoor Advertising Committee's comments in seconding this motion because
this motion, in effect...
Commissioner Winton: He isn't speaking for me. He's speaking for himself.
Commissioner Teele: I understand that, sir. I really do understand that, and I just wanted to be
very clear that this motion would, in fact, again a process to study the signs in what is now
government owned land, and I want to be very clear about that, is that the entire waterfront
specialty area is government owned; is that correct?
Ms. Gelabert-Sanchez: It would be on the specialty centers. For example, Coco Walk is a
specialty center; Mayfair is a specialty center; Bayside is a specialty center.
Commissioner Winton: Those are the only three.
Commissioner Teele: Oh, I thought your recommendation was waterfront.
Commissioner Winton: No.
Commissioner Sanchez: No.
127 March 29, 2001
Ms. Gelabert-Sanchez: It's waterfront...
Commissioner Winton: No. It's for those three centers only.
Ms. Gelabert-Sanchez: It's -- what we are recommending, it could be on retail and waterfront
specialty center. And they're determined -- Bayside is a specialty center.
Commissioner Teele: Is that Bayside, is that government owned?
Ms. Gelabert-Sanchez: Well, yes.
Commissioner Teele: The whole thing is government owned. And I just want to put on the
record, I'm supporting this but in supporting this, we need to be very clear that this would be on
government owned land, and I'm just responding to some of the public concerns about that. The
other two areas would not be government?
Ms. Gelabert-Sanchez: No, they're not. They're specialty centers. And I just want to clarify
within those.
Commissioner Teele: All right.
Commissioner Sanchez: Johnny, would you accept a friendly amendment to have the Planning
and Zoning Department bring this back at the next Commission meeting for a final
recommendation, instead of approving it today?
Vice Chairman Gort: The motion, my understanding is, for staff to look at it and try to come up
with a resolution to bring back to us.
Commissioner Sanchez: That's not the motion he made. To accept.
Ms. Gelabert-Sanchez: You're accepting...
Commissioner Winton: I'm sorry.
Commissioner Teele: He's accepting the staffs recommendation, was the motion that I
seconded.
Commissioner Winton: Right.
Ms. Gelabert-Sanchez: And then the...
Commissioner Sanchez: OK. And that would come back at the next Commission meeting for
final approval?
Ms. Gelabert-Sanchez: Once we...
128 March 29, 2001
Commissioner Winton: That's right. Yes.
Ms. Gelabert-Sanchez: Once we prepare -- once we would need to prepare the language; then
bring it to PAB (Planning Advisory Board), and then to the City Commission.
Commissioner Winton: Yes.
Vice Chairman Gort: You have to come back, yes.
Commissioner Sanchez: All right.
Ms. Gelabert-Sanchez: What this was, just a recommendation that where we would allow it,
where we would recommend for this.
Commissioner Teele: But to the point that Commissioner Sanchez is making, on a separate
track, I've asked you all to look at something that was eluded to inappropriately.
Ms. Gelabert-Sanchez: And we are...
Commissioner Teele: And I've been waiting, what, for about nine months now?
Ms. Gelabert-Sanchez: Well, we did give a presentation to the CRA (Community
Redevelopment Agency).
Commissioner Teele: You did. You did.
Ms. Gelabert-Sanchez: And that we have some information, and...
Commissioner Teele: But I just want to make it very clear that to do these things right, we really
should not put the staff under the gun of doing it in a period that is not reasonable. I would hope
that we can get that thing -- the other matter coming back before everybody starts coming in
saying, I want to do a Times Square, because that's what's going to be next.
Ms. Gelabert-Sanchez: Yes, we will.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Sanchez: Call the question.
Vice Chairman Gort: Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
129 March 29, 2001
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 01-286
A MOTION ACCEPTING STAFF RECOMMENDATIONS IN
CONNECTION WITH THE JUMBOTRONS ISSUE, AS ENTERED
INTO THE PUBLIC RECORD, ON FILE AT THE CITY CLERK'S
OFFICE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you.
130 March 29, 2001
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Item 3 -- agenda Item 3.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: This was Item 21. I would ask that we hear from a guest, that
she was invited by the Commission to come back when the project in front of her house
was done, Ms. Barbara Rey, and...
Commissioner Teele: What number is she?
Commissioner Regalado: That's 23. So, I would request -- she's been here since 9:30 in
the morning, and I request ...
Vice Chairman Gort: Let's go. Item 23, come forward, please.
Commissioner Teele: Mr. Chairman, following that item, I really do think -- an you run
the meeting the way you'd like, but we're sort of into a very overlapped situation now.
We've got Planning and Zoning or zoning here. A lot of these people are here on zoning
matters, and I would respectfully request that the Chair would consider going into the
zoning agenda for the conveniences of the public.
Vice Chairman Gort: Let's do that. Because like I stated last time, I have to get out -- I
have to be out of here by 6:30. It's all yours after that.
Commissioner Regalado: OK. I would -- that will be brief. I will call Barbara Rey, if
she is here. She was here -- Ms. Rey. And I just wanted to remind the Commission that
she came before the City Commission to request help and on her address is in District 4,
at 4th Street an 29th Avenue. The street was not paved; there were no sidewalks; no
drainage, and when it rained, it became always a nightmare, and I'm happy to report that
the work has been completed. It looks beautiful.
Barbara Rey: Yes. Good afternoon, Commissioners. I am here only at your invitation.
Vice Chairman Gort: Name and address, please.
Ms. Rey: Excuse me.
131 March 29, 2001
Commissioner Regalado: Name and address.
Vice Chairman Gort: Name and address. Your name and address.
Ms. Rey: Yes. After I say good afternoon. Is that OK?
Vice Chairman Gort: Well, I need you in the record, your name and address.
Ms. Rey: At first?
Commissioner Regalado: Your name and address.
Ms. Rey: Forgive me. Barbara Rey, 2997 Southwest 4th Street. Good afternoon,
Commissioners. I am only here at your request and at your invitation. There is a Spanish
proverb that states, "It is not the same to talk of bulls as to be in the bull ring." When I
came before you in January to ask that the street in front of 2997 Southwest 4th Street be
paved, I was terrified because I was stepping into a bullring and I thought I was going to
be met by (inaudible). For your information, (inaudible) are the pipes with colorful
decorations utilized in bull fighting to further lower the shoulder muscle of the bull. In
essence, continue the job initiative by the (inaudible) the mounter rider, who leans his
spear into the bull's shoulder muscle in order to lower the bull's horns. With skepticism, I
stepped into this bullring, for I had nothing to lose since we had pleaded with prior
administrations for 20 years to resolve this matter, and action was never taken. But on
that January morning, my Commissioner, the honorable Tomas Regalado, introduced me,
as a citizen and a taxpayer of Miami, just like all of your constituents. I was gratified to
be met with support from all the members of the Commission. The project was executed
and expedited by many individuals into a finely choreographed work. Gratitude and
appreciation do not do justice to the word "thank you". In this case, the words "thank
you" are not hollow. They come from the hearts of my mother, Esperanza Rey, and from
Barbara Rey. Thank you very much.
Vice Chairman Gort: Thank you, ma'am.
Commissioner Regalado: Thank you.
Commissioner Teele: Gosh, Tomas, we should have had her up early this morning
Commissioner Regalado: Well, it's refreshing to hear somebody thank us.
Commissioner Teele: Mr. Chairman, I would like to also express my appreciation to the
Manager, the Assistant Manager, and particularly to the Public Works Director because
this -- I remember very well this matter coming up. I only want to say, for the record, the
photos that are here, the lime rock is what made me sick at another location, so I just
132 March 29, 2001
looked at it and it gave me a flashback. So, keep the lime rock going, but keep it away
from me.
Ms. Rey: Excuse me. Commissioner Teele, as I said, I think that Mr. Jackson, County
Manager Carlos Gimenez, and our Assistant County Manager Frank Rollason, I think
they really rock. That means they're cool.
Commissioner Teele: All right. Thank you.
Vice Chairman Gort: Thank you very much. From now on we'll call you Rocky.
Vice Chairman Gort: OK. It's the wish of this board that we close to -- come back to the
-- any other items you want to hear before we go to PZ?
Commissioner Regalado: Zoning or PZ.
Vice Chairman Gort: OK. We close the regular agenda and we go to PZ.
Note for the Record: At this point, the City Commission closes consideration of regular
portion of the agenda to consider items from the Planning and Zoning portion of the
agenda.
133 March 29, 2001
Vice Chairman Gort: Mr. Manager, do we have any withdrawals? Any items from the
PZ agenda?
Carlos Gimenez (City Manager): I'm sorry, sir. I was talking to someone else.
Vice Chairman Gort: Is any item for -- Vicky.
Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo with offices at 2500 First
Union Financial Center. Through the Chair and to the Commission, it is my
understanding -- we have an item today that has been before you. This will be my eighth
appearance on this item and my second full public hearing. That same item took almost
four hours before the Planning Advisory Board last month, and I foresee that it will take
at least that much time here tonight. I am also aware that this is on a remand from the
circuit court, in its appellate capacity, to be heard again before you, and I would ask that
since you've remarked on the public record that you will be leaving early, we would like
to have a full Commission available to hear this matter and, therefore, we would ask for a
deferral to the next Commission meeting.
Tucker Gibbs: Mr. Chairman?
Vice Chairman Gort: Yes.
Mr. Gibbs: My name is Tucker Gibbs. I represent ...
Ms. Garcia -Toledo: Item 2.
Mr. Gibbs: I represent Susan Faucet, Richard Donovan, and several other residents of the
Atlantis Condominium, and we have been dealing with this issue for quite a long time.
We have made a great deal of effort to get people out here to be heard tonight. We had
made efforts to see that this matter be heard at a time certain, knowing how tight this
meeting was going to be, and we wanted it to be heard tonight. We understand it's the
prerogative of the Commission. We are willing to accept the Commission's
determination on this, but if at all possible, if you do defer this item, we would like you
all to take note of the people who are here because we think it's very important and,
perhaps, what you could do is start the hearing and continue it to the next meeting so that
people who are here, who may not be here at the next meeting, can be heard. Thank you.
Vice Chairman Gort: Thank you. What's the wish of the board?
134 March 29, 2001
Ms. Garcia -Toledo: Mr. Chairman, if I may respond? I would object to continuing the
meeting, since only my portion of the meeting would probably be heard and not in its
entirety.
Vice Chairman Gort: OK. What's the wish of the board?
Commissioner Winton: Well, Commissioner Gort, you're going to leave by when?
Vice Chairman Gort: Six thirty.
Commissioner Winton: By 6:30. And this probably -- and we have a room full of
people...
Commissioner Sanchez: And a voluminous agenda, so...
Commissioner Winton: So, I think that not having the full Commission here is probably
not in anyone's best interest, and as much as I hate to say it, with you all out here. I think
we need the full Commission here to hear this agenda item, and I think it's in everyone's
best interest to postpone this until the next Commission meeting.
Commissioner Sanchez: So, there's a motion to defer. Second. Also, let the record
reflect the people that are in attendance.
Commissioner Winton: Well, whichever ...
Mr. Gibbs: Can we do it...
Alejandro Vilarello (City Attorney): Defer, continue to the next -- to a date specific.
Vice Chairman Gort: Continue it.
Commissioner Sanchez: Continue?
Ms. Garcia -Toledo: Yes.
Mr. Gibbs: Can we continue to a date certain and a time certain we know that this item
will be heard so that if people do come in, we would like it to be at five or six.
Commissioner Winton: Right.
Ms. Garcia -Toledo: Exactly. I concur with that. Absolutely.
Commissioner Winton: So ...
Vice Chairman Gort: Next meeting, five o'clock.
135 March 29, 2001
Commissioner Sanchez: That would be April the 29th, at five o'clock.
Commissioner Winton: Five o'clock.
Mr. Gibbs: Five o'clock time certain, we will be here and...
Mr. Vilarello: April 26th
Mr. Gibbs: April 26th9 April 26th
Commissioner Sanchez: April 26th at five o'clock. Is it OK with you?
Ms. Garcia -Toledo: That's fine.
Commissioner Teele: How long is this item going to take for both sides? Because,
remember now, we just consolidated two Commission meetings into one on April 26th.
Mr. Gibbs: Oh, no.
Commissioner Teele: I mean, we've just done that. And I'm thinking maybe we ought to
just set a special meeting just to deal with this one issue, if we can agree to it, and just
come...
Commissioner Winton: I would agree to that.
Commissioner Teele: Could come back for that one item and let's let everybody have
their say. This thing, obviously, is going to wind up in court, perhaps, and we need to
make sure that we are very deliberate and we don't rush through this in a manner -- so,
Mr. Attorney, did I say something wrong?
Mr. Vilarello: Well, no, Commissioner. Just the reference to -- simply, it will be
determined here by this body exactly what the decision is of the City Commission and...
Commissioner Teele: Mr. Chairman, with your
Vice Chairman Gort: Can we have a special meeting for the 19th
Commissioner Winton: Because you're going to be gone, right?
Commissioner Sanchez: I'm on vacation the -- I'm out of town on the 12th and then I'm
on vacation from the 13' through the 22n1
Commissioner Teele: So, why don't we come back on the afternoon of the 24th, a
Tuesday, say like at three o'clock, and hear this item and that's it?
Vice Chairman Gort: Fine. I don't have any problem with that.
136 March 29, 2001
Commissioner Teele: Is that fair?
Vice Chairman Gort: Five o'clock they want to...
Commissioner Winton: Yeah.
Mr. Gibbs: We have one problem. One of the -- the attorney for the Bristol Towers is
unavailable on that date.
Commissioner Teele: Five o'clock?
Commissioner Winton: I'm sorry?
Mr. Gibbs: The attorney for the Bristol Towers is unavailable on that date. They're
departing...
Commissioner Teele: On what date?
Mr. Gibbs: The 24th of April.
Unidentified Speaker: The 25th I'm available.
Mr. Gibbs: Twenty-fifth?
Commissioner Teele: I don't mind coming back on the 25th
Vice Chairman Gort: The 25th, no problem.
Commissioner Winton: I don't know where my calendar is. I don't know where
Mr. Gibbs: The 25th. It's a Wednesday, the 251h
Commissioner Winton: I don't know what ...
Mr. Gibbs: It's a Wednesday, the 251h
Commissioner Teele: At five o'clock.
Commissioner Regalado: The 25th, that's a Wednesday?
Mr. Gibbs: It's a Wednesday, the 25th
Ms. Garcia -Toledo: May we come back sooner? We don't have any objection to coming
back sooner than that.
137 March 29, 2001
Commissioner Regalado: Yeah, we can
Vice Chairman Gort: He's out on vacation. He won't be here.
Commissioner Teele: He's out of town.
Mr. Gibbs: Mr. Chairman, the 25th, at six o'clock, we would be very happy with, if that's
possible.
Commissioner Teele: When do you go out of town, Commissioner Sanchez?
Commissioner Sanchez: I'm out of town on the 12th, and then I am on vacation from the
14th through the 22°d.
Commissioner Teele: What about the 10th?
Mr. Gibbs: I think Commissioner Sanchez may have a conflict. He's going to be at the
Roads Association meeting, which has been advertised, Mr. Leibow just told me.
Commissioner Sanchez: Excuse me? Dan.
Mr. Gibbs: Dan.
Dan Leibow: Dan Leibow. Commissioner Sanchez, you've been invited and I've already
accepted the invitation to the Miami Roads Neighborhood Civic Association annual
meeting on the 25th at seven.
Commissioner Sanchez: Which is on the 25th
Mr. Leibow: At seven. I don't know how we're going to be able to work both into the
schedule.
Commissioner Sanchez: Commissioner...
Commissioner Teele: What about 10th, April 10th? Is anybody available or not available
on April 10th, Tuesday, April 10th?
Commissioner Regalado: April 10th is a week from next Monday, so...
Commissioner Winton: Yeah. I have serious problem there.
Commissioner Teele: That's next Tuesday, isn't it?
Commissioner Regalado: It is next Tuesday, not ...
Ms. Garcia -Toledo: No. It's a week...
138 March 29, 2001
Commissioner Regalado: A week from Tuesday.
Ms. Garcia -Toledo: A week from Tuesday.
Commissioner Winton: And, Commissioner Teele, I'm sorry. I can't do the 10th
Commissioner Sanchez: The 24th. How about the 24th?
Mr. Gibbs: The 24th is the attorney for the Bristol Towers...
Commissioner Teele: The attorney is not available on the 24th
Commissioner Sanchez: On the 24th. Twenty-third.
Commissioner Winton: So, 23rd. I'm available the 23rd
Commissioner Sanchez: The 23rd? The 23rd at five o'clock.
Mr. Gibbs: Twenty-third?
Commissioner Winton: Is a Monday.
Ms. Garcia -Toledo: There's a Zoning Board -- isn't there a Zoning Board on that date?
Commissioner Winton: We'll move them.
Vice Chairman Gort: They can change it.
Vice Chairman Gort: Move them.
Commissioner Winton: We all have to move. They can move. The 23rd going ...
Ms. Garcia -Toledo: But I have items on that agenda of the Zoning Board.
Mr. Gibbs: But the attorney is not going to be here on the 23rd either. Jeff, you might
want to stand up here.
Commissioner Winton: Are you ever going to be here?
Commissioner Regalado: What is wrong with everybody here? I mean ...
Mr. Gibbs: I'm available.
Commissioner Regalado: I'm available.
139 March 29, 2001
Commissioner Teele: All right. Well, April 25th. I mean, I -- the Roads thing -- I mean,
but we've got to...
Dena Bianchino (Assistant City Manager): Commissioner, unfortunately, there's a Code
Enforcement meeting on...
Commissioner Teele: Well, they are subordinate to us. We're not going to -- you know,
just schedule them at a different time. You know.
Ms. Bianchino: There have been people summoned by (inaudible).
Commissioner Teele: You've got a month. You all have one month to reissue the
summons. I mean, come on.
Ms. Bianchino: All right. We'll reissue the summons.
Commissioner Winton: What day are we focused on again, Commissioner Teele?
Commissioner Teele: The only date that everybody was available, based upon this, is
April -- Wednesday, at five o'clock on the 25th, and that does represent a conflict for
Commissioner Sanchez with the Roads meeting.
Commissioner Winton: Can't the -- maybe the Roads people could change their annual
meeting date.
Mr. Gibbs: They've already advertised it.
Commissioner Winton: Well, they've got to meet -- they've got a month to change it also.
You know, all kinds of stuff been advertised.
Mr. Gibbs: If it's at five, that gives time -- you can show up maybe at 7:30. I would hope
this thing wouldn't be three hours.
Commissioner Sanchez: Where is Danny Leibow, the boy?
Mr. Gibbs: Is that fine?
Commissioner Teele: Well, why don't we do it at four.
Commissioner Winton: All right. Thank you. Mr. Roads, five o'clock it is.
Mr. Gibbs: Five o'clock, the 25th
Commissioner Teele: Why not four o'clock?
Mr. Gibbs: Issue of people coming in from work, it's -- you know, but that's...
140 March 29, 2001
Commissioner Teele: You know, coming here at five o'clock is not easy if you don't live
in the Grove. You live in the Grove?
Mr. Gibbs: I understand that. You know I live in the Grove, Commissioner.
Commissioner Teele: OK. So...
Mr. Gibbs: But I also used to drive from the north. I know how difficult it is to get down
here at five or four.
Commissioner Teele: Four o'clock.
Vice Chairman Gort: What's the motion?
Commissioner Sanchez: Wednesday the 25th at four o'clock. So moved.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Moved and second. Further discussion? Being none, all in favor
state by saying...
Commissioner Teele: Is there further notice required or continuance without additional
notice?
Mr. Vilarello: This is the notice.
Commissioner Teele: All right.
Vice Chairman Gort: OK. Thank you.
Ms. Garcia -Toledo: Mr. City Attorney, could you explain that so everyone is clear?
Mr. Vilarello: This matter has been properly advertised to be heard today. Anyone who
wished to be heard on this item today would know to come to this meeting today. If they
did that, they would know that the item has now been deferred to the 25th at five o'clock.
Commissioner Teele: Four o'clock.
Ms. Garcia -Toledo: And that there -- and there will be no further notification?
Mr. Vilarello: That's correct, there will be no additional notification, other than the
agenda prepared for that meeting.
Vice Chairman Gort: OK. All in favor state by saying "aye."
141 March 29, 2001
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-287
A RESOLUTION OF THE MIAMI CITY COMMISSION
SCHEDULING A SPECIAL CITY COMMISSION MEETING ON
WEDNESDAY, APRIL 25, 2001, BEGINNING 4 P.M., FOR THE
PURPOSE OF CONSIDERING PROPOSED MODIFICATION TO
PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER FOR BRICKELL BAY VILLAGE PROJECT
LOCATED AT 2101-2105 BRICKELL AVENUE
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Commissioner Teele: What time does the Code Enforcement Board start?
Mr. Gibbs: Three.
Commissioner Regalado: Five.
Ms. Bianchino: Commissioner, we'll move it to another location.
Commissioner Teele: They can meet in the COW (Committee of the Whole) room?
Dena Bianchino (Assistant City Manager): We'll work -- we'll find (inaudible).
Commissioner Regalado: No. It has to be televised. It has to be televised.
Commissioner Teele: Why?
Commissioner Regalado: Because of the public thing.
142 March 29, 2001
Commissioner Winton: It doesn't have to be televised.
Unidentified Speaker: We'll move it to another (inaudible).
Commissioner Regalado: Doesn't have to, but...
143 March 29, 2001
Dena Bianchino (Assistant City Manager): Mr. Chairman, we'd like to continue item PZ -
27.
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Sanchez: Second.
Ms. Bianchino (Assistant City Manager): (Inaudible) April 26th Commission meeting.
Vice Chairman Gort: OK.
Commissioner Sanchez: So, we're on PZ items.
Vice Chairman Gort: PZ -27.
Commissioner Teele: Twenty-seven.
Ms. Bianchino: The (inaudible) items.
Commissioner Teele: Is there further -- did we vote on that?
Walter Foeman (City Clerk): No, we didn't.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
144 March 29, 2001
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-288
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -27 (PROPOSED FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE 11000 IN ORDER TO ALLOW FLOWER
CARTS AS A CONDITIONAL ACCESSORY USE ALONG S.W. 27TH
AVENUE GATEWAY DISTRICT) TO THE MEETING CURRENTLY
SCHEDULED FOR APRIL 26, 2001.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
145 March 29, 2001
Commissioner Teele: Mr. Chairman, if you're going to leave at 6:30, we need to move
on now.
Vice Chairman Gort: I know. Can we keep it quiet, please? We have a meeting to call.
PZ -1, need a motion to reconsider. PZ -1, I need a motion to reconsider. This was in
front of us.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-289
A MOTION TO RECONSIDER M-00-156, WHICH HAD
PREVIOUSLY PASSED ON FEBRUARY 10, 2000, DENYING
ALLAPATTAH GARDEN APARTMENTS PROPOSAL FOR LACK
OF CONSISTENCY WITH THE STATION AREA DESIGN AND
DEVELOPMENT PLAN BY THE NEW CENTURY DEVELOPMENT
CORPORATION, INC. IN THE ALLAPATTAH METRO -RAIL
STATION, LOCATED AT THE INTERSECTION OF N.W. 36TH
STREET AND 12 ND AVENUE.
146 March 29, 2001
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -1 is the Allapattah
Garden Apartment Project, and the administration is recommending approval of the
project for consistency with the Allapattah Station Area Design and Development Plan,
and we would -- I would add on the record that this approval also approves the Master
Plan Development Standards and Guidelines as proposed in your package. This was
before you in the past and it was denied. That was the reason for the reconsideration
now. The department continues to recommend approval, and we would just ask that the
title include the adoption of the Master Plan Development Standards and Guidelines.
Vice Chairman Gort: OK. Before anyone comes forward, can you all please stand?
Anyone that's going to testify during any of these items, please stand up to be sworn in.
AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED
UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you.
Ms. Slazyk: And just for the record, you know, for -- to remind the Commissioners.
This was denied because there was opposition from the neighborhood. At the time of the
denial, the Commission had requested the developer to meet with the neighbors to
explain the project and what was being done, and at this time, there is no opposition. So,
again, we found it consistent. It is a multifamily project, way below the density. It could
be done. It's on a Metrorail station. It's consistent with the plan. The only
recommendation that we had in the Planning Advisory Board had agreed with was that
there be additional landscape.
Commissioner Sanchez: Anyone in opposition?
Ms. Slazyk: Not that I know of, no.
Commissioner Sanchez: So moved, with conditions.
147 March 29, 2001
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion? Being none,
all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-290
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), ADOPTING THE ALLAPATTAH STATION
AREA DESIGN AND DEVELOPMENT MASTER PLAN ("PLAN")
AND APPROVING, WITH CONDITIONS, THE ALLAPATTAH
GARDEN APARTMENTS PROPOSAL FOR CONSISTENCY WITH
BOTH THE PLAN AND WITH THE STATION AREA DESIGN AND
DEVELOPMENT PLAN FOR THE ALLAPATTAH METRORAIL
STATION ("SADD"), PURSUANT TO ARTICLE 4 OF ZONING
ORDINANCE NO. 11000, TO BE DEVELOPED BY THE NEW
CENTURY DEVELOPMENT CORPORATION, INC. AND LOCATED
AT THE ALLAPATTAH METRORAIL STATION AT THE
INTERSECTION OF NORTHWEST 36TH STREET AND NORTHWEST
12TH AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
148 March 29, 2001
Vice Chairman Gort: PZ -2, it's been moved. PZ -3.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -3 is a request for a release
of a covenant that was recorded on a piece of property. The covenant was requested by
the Zoning Department -- division for an office use within a residential complex, and it
was only because the office was going to be the management.
Commissioner Winton: Excuse me. I think I have to recuse myself from this. So, I'm
not supposed to hear it at all; isn't that not right? Hear this at all.
Miriam Maer (Assistant City Attorney): Yes. If, in fact, you have a conflict, you need to
fill out the required form and recuse yourself.
Vice Chairman Gort: Get out of here.
Commissioner Sanchez: So what, are we getting a legal opinion on a conflict of interest?
Vice Chairman Gort: Yes.
Commissioner Teele: Well, why don't we just take the next item and give him time to
work through this.
Commissioner Sanchez: All right. Let's move on to PZ -3.
Ms. Slazyk: Four.
Commissioner Sanchez: Four?
Vice Chairman Gort: Four. PZ -4.
149 March 29, 2001
Commissioner Teele: Let's take up the next item.
(INAUDIBLE COMMENT)
Commissioner Teele: Well, why don't we just take the next item and give him time to work through this.
Commissioner Sanchez: All right. Let's move on to PZ -3.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Four.
Commissioner Sanchez: Four?
Vice Chairman Gort: Four. PZ -4.
Ms. Slazyk: PZ -4 is a Class II special permit that requires City Commission approval for a mural with a
commercial sponsorship message at 66 West Flagler Street. This application did go before the Urban
Development Review Board, and it was recommended for denial. The only reason it was recommended
for denial was because the artwork was a photograph of a tile, a tile work. The Department recommends
approval, notwithstanding the UDRB (Urban Development Review Board) denial. The UDRB wanted it
to be real tile work. Our reason -- I mean, it's -- actually, it's a very nice piece of art, and we recommend
approval. To do a real tile work -- The purpose of these murals with a commercial message is that they're
on blank walls that are on the sides of buildings where another building approval --
Commissioner Teele: Move the staff recommendation, unless -- I'm sorry, Commissioner Winton. This
is your district.
Commissioner Winton: I agree. I was doing the same thing. I saw -- This is consistent with other stuff
that we've --
Ms. Slazyk: Yes.
Commissioner Winton: -- the artwork on buildings downtown already. And I think that -- I think, you
know, it's -- not only is it downtown, but it's in the Design District. I think it's great.
Ms. Slazyk: Yes. We recommend approval.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. There's a motion and a second. Discussion. Yes, sir, go ahead.
Commissioner Teele: Discussion.
150 March 29, 2001
Commissioner Regalado: Discussion.
Charlie Girtman: I'm opposed to it.
Vice Chairman Gort: Well, go ahead, express your opinion.
Commissioner Winton: Opinions are allowed.
Mr. Girtman: My name is Charlie Girtman. I reside in Coral Gables, but I own the property adjacent, the
parking lot there. So we all know what it is. We came before this board several years ago to get the
Coppertone sign put up there. Are you familiar with the Coppertone sign? Am I talking into this thing
OK?
Vice Chairman Gort: Yes, you are, sir.
Mr. Girtman: And the argument for putting the Coppertone sign up there was that it was historical value,
it would look real pretty there, et cetera, et cetera, and you gave them a variance. I own the property
underneath the Coppertone sign. In other words, the coat of paint is the property line on Subert (phonetic)
Corporation's building. So now they want to come back to you and present to you to put a pretty piece of
artwork up there. However, it also says this will allow a mural containing a commercial message. My
first objection is it distracts from the Coppertone sign. My second objection is the same objections that
have been put forth for all the billboards that you talked about for two hours here earlier, right after lunch.
This is a billboard. This is a thing that's being put forth as a piece of vinyl that can be changed at will.
And the next thing that can go up there is a sign advertising for any advertisement that they want to.
That's what they say.
Commissioner Teele: But no one -- you do understand no one can put another sign up there without
coming back here.
Mr. Girtman: Well, it says right here, the last line in Resolution 4: This will allow a mural containing a
commercial message. That's what it says right here.
Vice Chairman Gort: At the same time, Lourdes -- excuse me. Lourdes, would you explain what the
commercial message and the size of it should be and it was allowed when it was passed? OK?
Ms. Slazyk: Just a reminder. When this ordinance was enacted, the only way to get the kind of artwork,
you know, to get artwork on these blank walls was to be able to allow commercial sponsorship of the
artwork. And it is limited to a ten percent area. It has to be integrated with the artwork, so it doesn't
overpower it. And in this case, it is -- it's the actual -- the "Touch Miami," and then the logo in the lower
right-hand corner there, which, in your packages, you have what that is. So you'd be approving it as in
your package and as depicted on the boards there.
Vice Chairman Gort: Thank you.
Mr. Girtman: I heard somebody just bring up the fact that they wanted real tile and not a picture of tile up
there. Was that the feeling of the Commission? Did I hear that correct?
151 March 29, 2001
Vice Chairman Gort: No. No.
Mr. Girtman: No, you don't care that it is a picture of a tile up there? Well, as long as it stays, I -- I don't
think you can grant the power to build on my property. So as long as it stays within the thickness of a coat
of paint, then there's not much I can do about it. They do have to come on my property to construct it, so
I still control that property.
Vice Chairman Gort: They might -- that's right, but they might do it from the roof.
Mr. Girtman: Yeah. And they can drop it down from the roof, but what if somebody falls on my
property? Are you going to require them to be -- to me be indemnified?
Vice Chairman Gort: They'll have to have insurance. And --
Commissioner Winton: You will sue them.
Mr. Girtman: They'll sue me. Well, I think you all are making a mistake. And I tell you this: When that
Coppertone sign went up there, and everybody thought it was a really good deal, and I said, "Wait a
minute, I don't really want that over my property." A lot of friends of mine are on Dade Heritage Trust,
and I do business with them, and they said, "Look, Charlie, let the sign go there. You know, it looks
good. It'll be nice for the City." And I said, "All right, I'll let it go there. You pay the insurance, you
promise to take the sign down whenever I ask you to, and in a very short notice." And they said they
would agree to those, and they have agreed to those conditions in writing. If you put this up there -- and
I'll tell you right now, I'm going to revisit that Coppertone sign issue, because I don't like this. I wasn't --
I wasn't asked about this. The only way I heard about it was this is the first time I was noticed to it, and I
had to call down there. And I don't think it's the proper way to do business. Had they approached me a
little differently, I would have maybe felt differently about it. But as it is, all you in Dade Heritage Trust,
I'm saying that I'm going to revisit that Coppertone sign issue now.
Commissioner Winton: What do you own there?
Mr. Girtman: I own the parking lot.
Commissioner Winton: You own a parking lot.
Mr. Girtman: Yes. And the sign sticks out about this far over my parking lot.
Commissioner Winton: Yeah. I'm talking about the paint on it. I mean, are you suggesting to me that
you think the cars that come and visit your parking lot are going to be objecting to this mural that's on the
building?
Mr. Girtman: I'm objecting. Number one, as I've talked to these folks, I don't know enough about it to
really make any decision other than to object to it right now. I can't -- this was my first notice, first time
I've met these people, and they want to talk to me about now in the hallway. I can't do due diligence on it
now. So I have no -- no other recourse, other than object to it. And I object to the way that they have not
152 March 29, 2001
included me in the process. I object to it because of -- the reason I let them put the Coppertone sign there
was because it was going to have that wall, it was going to be a Heritage thing, et cetera, et cetera. This is
a commercial piece there. Mr. Goldsmith Subert, I assume, is being -- I've been told is being paid to use
that wall.
Commissioner Winton: Of course, he is. And --
Mr. Girtman: Under my objection.
Commissioner Winton: And there's probably a little message in this, and that is in the future, you know,
if you don't want to get people -- if you do this too many times, you'll begin to get more people. There
won't be one guy in here, there'll be three or four, and then there'll be five or six. So I would be paying
careful attention to the good neighbor policy.
Vicky Garcia -Toledo: Commissioner, unfortunately --
Mr. Girtman: Thank you.
Ms. Garcia -Toledo: -- he was communicating with the property owner, and the property owner did not --
we're the applicants. The property owner did not share the conversations with us. So we did not know of
his --
Commissioner Winton: He's the property owner.
Mr. Girtman: (Inaudible, speaking off microphone.)
Ms. Garcia -Toledo: The property owner of 66 West Flagler, which is where this mural is going. My
client is the sign company.
Commissioner Winton: But it's the mural people who are going to pay the penalty. So I'm not talking
about putting this on the property owner. I'm talking about putting it on the mural people, and they're the
ones that ought to play the good neighbor policy, and not leave it up to the property owner.
Ms. Garcia -Toledo: Absolutely.
Vice Chairman Gort: My suggestion is you also take a picture before and after, because the ones that we
have approved so far in downtown Miami have taken a blank building and have made it look very
attractive. Is there any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
153 March 29, 2001
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 01-291
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE RECOMMENDATION OF THE DIRECTOR OF THE
DEPARTMENT OF PLANNING AND ZONING FOR ISSUANCE OF
CLASS II SPECIAL PERMIT APPLICATION NO. 01-0035,
CONDITIONED UPON THAT NO WRITING SHALL BE PERMITTED
WITH THE MURAL AND OTHER CONDITIONS AS
RECOMMENDED BY THE DEPARTMENT OF PLANNING AND
ZONING, FOR THE PROPERTY LOCATED AT APPROXIMATELY
66 WEST FLAGLER STREET, MIAMI, FLORIDA, PURSUANT TO
SECTION 401 OF ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: None
154 March 29, 2001
Vice Chairman Gort: PZ -5.
Commissioner Winton: Go back to
Vice Chairman Gort: PZ -3. PZ -3.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Back to PZ -3? OK. PZ -3.
This was a -- this is a release of the covenant. The covenant was asked for by the Zoning
Division because it was a residential project that was going to have an office, and the
covenant was so that the office would be a management office, not a commercial office,
because it was a residential project. The development was never built and the land the
currently vacant. There is no need for the covenant anymore. So, we would recommend
approval of the...
Commissioner Sanchez: So moved, with conditions.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Is there anyone in opposition to this item? Is there anyone in
opposition? Show no one is in opposition. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
155 March 29, 2001
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-292
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE RELEASE OF A COVENANT
RUNNING WITH THE LAND DATED SEPTEMBER 6, 1998, AND
RECORDED IN OFFICIAL RECORDS BOOK 17392, AT PAGE 4343,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 2803
COCONUT GROVE, MIAMI, FLORIDA, AS DESCRIBED IN
"EXHIBIT A", AS THE COVENANT WAS RECORDED IN
CONNECTION WITH A PROPOSED DEVELOPMENT WHICH WAS
NOT BUILT AND THE COVENANT IS THEREFORE NO LONGER
REQUIRED; FURTHER DIRECTING THE PROPER CITY OFFICIALS
TO EXECUTE A RELEASE, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, IN CONNECTION THEREWITH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
ABSTAIN: Commissioner Johnny L. Winton
ABSENT: None
156 March 29, 2001
Vice Chairman Gort: Item PZ -5.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -5 is another Class II special permit
requiring the City Commission approval for a mural, same company. You have the artwork in your
package, and it's also the same -- it's a -- the tile work photograph, and the UDRB's (Urban Development
Review Board) concerns were the same. We recommend approval.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any discussion? Is anyone in opposition? 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. 01-293
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE RECOMMENDATION OF THE DIRECTOR OF THE
DEPARTMENT OF PLANNING AND ZONING FOR ISSUANCE OF
CLASS II SPECIAL PERMIT APPLICATION NO. 01-0036,
CONDITIONED UPON THAT NO WRITING SHALL BE PERMITTED
WITH THE MURAL AND OTHER CONDITIONS AS
RECOMMENDED BY THE DEPARTMENT OF PLANNING AND
ZONING, FOR THE PROPERTY LOCATED AT APPROXIMATELY
1100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, PURSUANT TO
SECTION 401 OF ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
157 March 29, 2001
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Johnny L. Winton
158 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -6, we're asking for a
continuance to April 26th. We're going to be meeting with the Miami River Commission,
having a technical workshop before the greenway plan is adopted.
Vice Chairman Gort: Let me ask you a question. Can we continue to any other time
because let's face it; we have two meetings in one meeting that day. So, let's check the
agenda.
Commissioner Sanchez: Mr. Chairman, the...
Dena Bianchino (Assistant City Manager): The first meeting in (inaudible).
Vice Chairman Gort: Excuse me?
Ms. Bianchino (Assistant City Manager): Continuing it to (inaudible).
Commissioner Sanchez: The Miami River Commission did express to me, through a
letter, that they wanted to continue this item.
Ms. Slazyk: Yes. That ...
Vice Chairman Gort: Yeah, but I'd like to continue it to the 8th, not to the 26th.
Commissioner Sanchez: That's fine. Continue to the 8th
Vice Chairman Gort: OK. Is there a motion to continue it to the 8th.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Is there a second? Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Second.
Ms. Slazyk: May 10th
Vice Chairman Gort: Any opposition? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
159 March 29, 2001
The following motion was introduced by Commissioner Sanchez, who moved its
adoption:
MOTION NO. 01-294
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -6 (PROPOSED MIAMI RIVER GREENWAY PLAN) TO THE
MEETING CURRENTLY SCHEDULED FOR MAY 10, 2001
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Johnny L. Winton
160 March 29, 2001
Vice Chairman Gort: Item 7. PZ -7.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -7 is a special exception
requiring City Commission approval, to allow public recreation facilities in the Overtown
Youth Center. The department is recommending approval, with conditions. The
condition is specifically in reference to the landscape plan to substitute the palms that
were shown with shade trees, in order to have more shaded areas and, otherwise, we're in
favor of the project.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: OK. Yes.
Commissioner Teele: I have supported this item in the past, but I want to hear from
Reverend Nevins, who's one of the distinguished members of the clergy, and pastor of the
historic St. John's Baptist church, which is the property immediately adjacent to the site.
Vice Chairman Gort: All of you that are going to testify, if you have not sworn -- been
sworn in, you have to be sworn in. All of you...
Commissioner Teele: Everybody who's going to testify, please stand up and be sworn in.
AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED
UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Henry Nevins: My name is Henry Nevins, pastor of the St. John's Baptist Church, 13128
Northwest 3rd Avenue. To the Commissioners, and to the City Commission and the City
Attorney and to the staff, we just thank you for listening to us at this time. And I would
like to just commend this group of Commissioners for the work that they have been doing
and they have been so nice to us over the years. Also, I'd like to thank Commissioner
Teele for being our Commissioner in the Overtown area. Things are looking very, very
promising, and I want to thank him for taking his time out so often to visit us in
Overtown. I thank him for that. Now, what I'm saying is, you can check the record
because years ago -- and we do not have any Commissioner or the City Manager or the
City Attorney that have been there in those years, but I do know that these people here,
they have been there, and that it was passed here in the City Commissioners' chamber,
that that property would be -- two buildings would be built there, 27 parking spaces, and
that would be given to the St. John's Baptist Church. We would have day care on the
first floor and a tutorial program in the afternoon on the second floors. When Mayor
Carollo was running, he promised me, again, that we would have that in the park. Now,
161 March 29, 2001
it's surprising to me to hear now that there are people who do not live in Overtown; I've
never seen them in Overtown, who are coming to build and also to have the basketball
player, which I do respect him. I have been praying for him since I heard that he was
sick. I've been praying very hard for him. But I do not know anything about him. I just
want to say something to you. I used to pastor in Philadelphia and there was a store up
the street from my church and they were selling nude magazines in there, and I went in
and asked the gentleman to take them out of the store because I have children going up
there. And he told me no, he wasn't going to take them out. So, I told him I'll fix him.
And then on Sundays, I asked my children to go up there and buy candy, and the first
Sunday they went up there the gentleman called me and told me that he was going to
remove the magazines and please don't send them back. Well, that's nice. But we need
our children to go into whatever you're putting up over there. But I want you to know
this, that the pastors, the churches control the children in Overtown. We control them.
And you're going to need children there. What about the promises that you promised us?
And...
Commissioner Teele: Mr. Chairman, if I may. Reverend Nevins.
Vice Chairman Gort: Who made...
Commissioner Teele: I want to be very clear on the record. The first time that I heard
anything about a promise on this issue, as it relates to this particular church, was within
the last five or six days. That's the first time I heard it. I didn't make any promise, did I?
You're not saying that I made a promise?
Mr. Nevins: No, none of these Commissioners. I made that clear at the start. None of
the Commissioners here. I do know that ...
Vice Chairman Gort: Did a staff make the promise?
Mr. Nevins: None of the Commissioners here. It was the...
Commissioner Teele: Who made the promise?
Mr. Nevins: Well, it was Mr. De Yurre (phonetic), Mr. Carollo, Mr. -- no, Mr. Carollo
was not here.
Commissioner Teele: Reverend Nevins, let me just say this.
Mr. Nevins: It was the...
Commissioner Teele: This is a zoning issue relating to public land that is owned by the
City. The park area. Now, you're saying, for the first time I've heard this -- and I heard
this when we had some issue over there in the Grove. Remember that marina -- that
thing that was being built and somebody promised something years ago? What was that?
A City promise. These promises are not enforceable if they're not made by resolution or
162 March 29, 2001
in writing. You're here objecting on the zoning redesignation of the land from a park --
from open ...
Lourdes Slazyk (Assistant Director, Planning and Zoning): No, it's a special exception to
allow the recreational facilities.
Commissioner Teele: OK. Well, to allow the special exception. Because it was told to
them that this would be a day care, did you say, and what?
Mr. Nevins: Well, I'm objecting to all of it. But, Mr. Chairman, Mr. Commissioner,
Commissioner Teele, it was promised to us and it was passed here...
Commissioner Teele: In the Commission?
Mr. Nevins: In the Commission. So, that's what I'm saying. You can check the record.
It was passed here...
Commissioner Teele: Well, obviously...
Mr. Nevins: Bill Perry. I'm sorry. Bill Perry was the Assistant to Mr. De Yurre at that
time, and I know I remember right. And it was passed here, that they would give it to us.
Mr. Herb Bailey was an Assistant City Manager. It was passed here. None of this
Commissioner -- none of you was there at that time, but it was passed here.
Commissioner Teele: Was Commissioner Gort here? He was here, wasn't here?
Mr. Nevins: Mr. Gort, were you here?
Vice Chairman Gort: What year was that?
Mr. Nevins: I don't remember, but Miller Dawkins was here.
Commissioner Teele: Listen, this is a serious matter. I would move that the matter be
deferred and specifically that the staff be instructed to work a meeting out with Reverend
Nevins and his congregation or members with Mayor Carollo or whom ever else and that
the Clerk be instructed to research the record. This matter has gone to the Overtown
Advisory Board and they have approved it. It has gone to several other entities. We've
discussed it. We've discussed it here several times. And one of the challenges in
Overtown is that every piece of land in Overtown has been promised to somebody
somewhere along the line over the last 30 years. That's the basic problem that we have.
And I'm not saying this disrespect to you, Reverend Nevins. You and your congregation
have a right, I think, to at least get the record before us. Obviously, if you're saying that
we passed something, then we've got to research it and look at it, but my motion would
be to defer the matter until April 20 -- to the next Commission meeting -- to the next
zoning meeting; further, to afford the opportunity for Reverend Nevins to meet with the
163 March 29, 2001
Mayor on the matter, and the Clerk to report back to us, unless it's going to represent --
that would be my motion.
Commissioner Winton: Could I understand something while I'm here by the way? Are
you objecting to -- and I was so, so my apologies. Are you objecting to what we're trying
to do here?
Mr. Nevins: Yes, sir. Yes, sir. Mr. Winton, for something like this, -- this is 1338. Our
church is 1328, so that's right there. And we have a lot of children and something right
there coming to Overtown, where these people are not in Overtown, and no one has said
anything to me about it or to our church about it. I think that's a shame.
Vice Chairman Gort: Let me ask a question. My understanding, it's something that has
been in front of us a couple of times and it's a center to be used by the children of the
neighborhood. It's my understanding. It's a youth center.
Commissioner Winton: It's a youth center.
Vice Chairman Gort: It's a youth center.
Shannon Selby: May I address the Commission?
Vice Chairman Gort: Yes, go ahead. We're going to defer this anyway.
Ms. Selby: My name is Shannon Selby and I'm here on behalf of Marty Margulies. It is
my understanding that Mr. Margulies had met with you to discuss the youth center when
he also met with the Overtown Advisory Board, and, in fact, we discussed or he
discussed in his meeting with you sharing the center for your day care, which we will not
be doing to younger children. Now, Mr. Margulies has been, for two years now, trying to
build a center in this community, and I must tell you, it's been the hardest thing we've
ever had to do to get this done. I mean, we've done many real estate deals in between that
took very little effort. And I'm afraid that he will take back his offer if this does not get
passed. He has been at this -- Alonzo Mourning has committed to raising the funds
through Zo's Summer Groove, which is a spectacular event that he does for the annual
operations. Everything is set. The architects are ready to go. If this is deferred much
longer, I think the City really runs the risk of losing this project.
Vice Chairman Gort: I understand. Thank you.
Mr. Nevins: Can I say something?
Vice Chairman Gort: Sure.
Mr. Nevins: One woman, one woman, Ms. O'Hara, took religion out of the churches and
every since she did that, we've been going down.
164 March 29, 2001
Commissioner Winton: Who did?
Mr. Nevins: Down, down, down. I just want to finish. What's coming there and what
has been offered -- and I want -- I have never -- I don't know if this is the gentleman that
came to the church a couple of years ago and said something to me, but I've never been to
City Hall for years and I haven't been to the Advisory Board in years.
Commissioner Winton: She said it was at your church.
Mr. Nevins: He was at my church?
Vice Chairman Gort: This is the gentleman that's donating "X" amount of money to
build a building to be utilized by the people...
Ms. Selby: A three million dollar ($3,000,000) facility.
Commissioner Winton: Three million dollar ($3,000,000) facility.
Vice Chairman Gort: A three million dollar ($3,000,000) facility. It's being donated. If
you don't want it, you're welcome to bring it to Allapattah. You can bring it to
Allapattah. We won't have any opposition.
Mr. Nevins: If this is the gentleman that I spoke with, then I ask him to incorporate St.
John into it. I haven't seen him since. I haven't heard anything.
Vice Chairman Gort: My understanding is, they're offering you -- you can use the facility
for day care for your church. It's my understanding. I mean...
Mr. Nevins: Well, I did question the gentleman and I asked him could we use it for day
care. And, also, I even asked that particular gentleman if he would name it St. John's
something. But now I'm hearing all kinds of different things.
Vice Chairman Gort: OK. Let's hear from the -- yes, sir. Mr. Waters.
Charles Flowers: To my dear Reverend and to the Commission. Charles J. Flowers,
Government Liaison for the Overtown Advisory Board. The gentleman in question came
to our board several times. We met over a period of two years and he wanted to offer his
own funds, no money from the City or anyone, and he wanted to give the center to
Overtown to operate; that he would raise funds -- operational funds for us. He did not
want any outside help and he have came to us with several different occasions for the
good of Overtown. Thank you.
Vice Chairman Gort: Thank you. Let's hear from the young lady that wants to...
Commissioner Winton: Mr. Chairman?
165 March 29, 2001
Commissioner Teele: Mr. Chairman, let hear from everybody and then let's -- I mean,
because she's been trying -- there's two other people been trying to be heard and...
Mr. Nevins: And what is good for Overtown for people who are not in Overtown may
not be that good. Because we have the children and we have the people in Overtown.
Thank you.
Vice Chairman Gort: I'm welcome if you don't want it. I'd like for him to come to
Allapattah and...
Commissioner Winton: I'm biting my tongue.
Vice Chairman Gort: Yes, ma'am.
Elsie Hubbard: My name is Elsie Hubbard and I live at 1610 Northwest 4th Avenue,
apartment 14C. And she getting offensive because we don't want it on our church
ground. But Mourning -- let me tell you about the basketball player. Mourning didn't
even come in Overtown until he got a liver problem. So, what he saying -- it don't really
bother with me, because if you can't be black when I'm black, don't come over when you
get sick. In other words, I've been working with kids in Overtown for many, many years.
I haven't seen no one offered to help. It's always the outsider going to do so much good
for Overtown. We don't need that. We have you City Commission to allocate funds for
us to do what we want to. When I want to go to take a load of kids to do for (inaudible),
to do anything, and that is our church. That church been sitting there for many, many
years, and -- who going to guarantee if our church get damaged, who going to pay for it?
You got gifts from parks. You have a big large park over there with nothing on it. Why
can't they build the center there? Why in our back door? You wouldn't want it in your
church, would you? So, really, if he don't -- he back out of it, it wouldn't bother us
because he hadn't been over there all these many years and did anything. So, that you
don't have, you won't miss.
Ms. Selby: Excuse me. Mr....
Vice Chairman Gort: Yes. Excuse me. I'm sorry. Let me conduct the meeting, please. I
have to get out of here in a minute. Yes, ma'am.
Inez Wilcox: My name is Inez Wilcox. I live at 4746 Northwest 10th Avenue. And I live
also at 1328 Northwest 3rd Avenue, St. John's Baptist Church. Our church is just about
95 years old and we have been working all during the years to try to make our church and
our community one that would serve -- I know you're talking about it serving all the
children in the community and playing that kind of thing, but we're trying to expand our
church program, and just as Ms. Hubbard said, there's a park over on 13th Street. Why
couldn't this be built over there? Why couldn't you all go along with the program that
we're having, with the day care center and then it also could be used for the children of
the community otherwise? Why take everything away that we have in mind for the
expansion of St. John's Baptist Church? So, I just have a concern that I'm hoping that
166 March 29, 2001
you could find another space to put that building, and -- we could come together some
kind of way, whatever you're saying, but I just don't like the idea of just taking that space
because we trying to use it one time for parking. They put the stumps up so we couldn't
do that. And then now they're going to move the stumps and somebody is going to be
very liberal and give a big building there. And there are so many minuses, the reasons
we don't need to do that. Because we have a lot of problems in Overtown and a lot of the
young people that you think that you're doing something for are going to cause a lot of
problems, from a spiritual point of view. So, I know it's a separation of church and state
and that kind of thing, but there are some things about that project that we don't need. So,
I'm just hoping that you would reconsider and help us in the expansion of the program for
the church, for the people of the community, the parents of the community, and everyone
else that we're concerned with so far as helping to build the community, spiritually and
morally, and that sort of thing.
Vice Chairman Gort: Thank you, ma'am.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I'm going to say something on the record. I'm really going to ask
the Executive Director of the CRA (Community Redevelopment Agency) to come buy
and brief each Commissioner individually on not this issue, but a series of issues identical
that are being raised. The problem is this: In Overtown virtually every piece of real
estate has been committed or someone has said something. When I learned this past
week that this land had been committed, at least one of my staff people said, well, you
know, this land has been committed. I said, I'm not aware of that. The challenge that we
have, of course, is that I don't want to see the money lost. I do not want to see the three
million dollars ($3,000,000) lost. I take Mr. Margulies at his word; that this is going to
be built. I think what we have is a failure to communicate. I really believe that if Mr.
Margulies had sat down with the church, which is literally contiguous. It's not like it's
down the street. I mean, we're talking about contiguous land. Historically in Overtown -
- and I know this is true of Father Barry's church. What's that...
Vice Chairman Gort: St. Agnes.
Commissioner Teele: St. Agnes. The City has granted the land next to churches for
parking. We're trying to address some of that. In fact, I'm proposing a whole new
parking lot for St. John's right now to try to solve this problem, but the problem here is
that no one has spoken to them on this and I really believe that if Mr. Margulies' staff
would commit to working with St. John's and discussing this, that we can come to an
amicable solution. The question that I have of the attorney and staff is this: Where is the
middle ground here? I would like to conditionally approve this. Now, I don't want to
disrespect a church that is 95 years old that clearly should have been consulted with.
They have consulted, I assume, with everybody, that they've gotten their hands on. On
the other hand, the Parks Department and/or Asset Management somewhere along the
167 March 29, 2001
line should have lead them to the church, which is right next door. It's just hard for me to
believe that we're doing architectural plans and this and that and the other without talking
directly to the neighbors. I know this is one of the things in Brickell and if this were a
Brickell project, there's no question that everybody on this Commission would say "defer
this for one meeting, and you all sit down and talk." I mean, you know, we do that all the
time. On the other hand, I don't want to upset the Margulies benefactor by feeling that
he's been taken through unnecessary hoops. So, Madam Attorney, what's the middle
ground? Can we conditionally pass this with the requirement that it will have to come
back before the next meeting or can we defer it? Or what can we do...
Miriam Maer (Assistant City Attorney): This Commission, in reviewing the special
exception, can approve it as it is. You can approve it subject to any conditions
reasonably related to the project, such as require the applicant, the benefactor to meet
with the church; to meet with the church and City staff, and if they can't decide on
something, then the matter could be brought back to the City Commission or ...
Vice Chairman Gort: Commissioner Teele, will you yield?
Commissioner Teele: I'll be happy to yield.
Vice Chairman Gort: Let me ask you a question. My understanding is, he wants to make
this donation to Overtown. And if I recall -- and correct me if I'm wrong -- one of the
problems that we were dealing with was, if we build this, how are we going to make sure
there's going to be someone to maintain it; am I correct? That was the biggest problem.
What Mr. Margulies wants to do, he wants to build this facility; give it to the City, and
for the City to own it, not they, the City's going to own it and Overtown is going to own
it. Can we...
Commissioner Teele: That's not my understanding, Mr. Chairman. That's not my
understanding. Because the biggest problem we've got ...
Vice Chairman Gort: OK. Well, that was my understanding then.
Commissioner Teele: Look, we've got parks right now in Overtown. We've got
Williams Park. We have Gibson Park where people drown. We don't have a shortage of
facilities. We have a shortage of operating dollars in this City. And it was my
understanding that this project had operating dollars tied to it and the issue that I kept
raising is we need to make sure that there is a plan to ensure that there is going to be
operation, whether Mr. Margulies decides that he wants to go help some people in Boston
or help some people in Coral Gables, and that have been the only issue that I have been
concerned with.
Vice Chairman Gort: That's what I'm going to. The funds have been allocated and make
the church understand -- and my understanding is, from the presentation being made here,
the representation was made to the church that they could use the facility for the day care
168 March 29, 2001
center. They also -- and maybe it can be a joint venture that could take place in running
the place. I'm just trying to bring some...
Commissioner Sanchez: Mr. Chairman, move to defer the item to allow all parties to try
to come to a...
Commissioner Teele: I don't really want to defer it because I really think that Mr.
Margulies is subject to walk. I would be much more inclined to ...
Vice Chairman Gort: I don't blame him.
Commissioner Teele: I would be much more inclined -- come on, Willy. I'd be much
more inclined to approve this with the condition that there be a satisfactory arrangement,
in writing, presented between St. John's Baptist Church, the immediate -- what are you
saying no for?
Lori Billberry (Director, Asset Management): No. I'm just concerned what satisfactory
means. And if they don't come to an agreement, what that means?
Commissioner Teele: Then they have to come back here. That's the condition.
Ms. Selby: That's going to delay us for another who knows how long. I need to address.
We did an event out on Gibson Park at Christmas time and we worked with the Mayor's
Chief of Staff, Rhonda. We sent invitations; we had flyers throughout the entire
neighborhood; Alonzo spent the entire day there; we had gifts; we did everything. That
was our announcement that we were trying to get this done. We have not gone back to
complete any other events or ideas or things that we're working on because we cannot get
off the ground. And if this goes into another limbo state, where we have to work and we
have to discuss, either let us do it and we will work with the church. That's what this
whole project is there for. No one wants any ego here, not Marti Margulies and not
Alonzo Mourning. This is fromthe hearts of these kids.
Unidentified Speaker: What kids?
Commissioner Sanchez: All right. Move to defer.
Commissioner Teele: I (inaudible) a condition. Look, I'm going to tell you something.
Commissioner Sanchez: Move to defer.
Commissioner Teele: I know that there are frustration, but I'm going to tell you this: If
you think anybody's going to build a building right next door, literally right next door, to
a church that's 95 years in Overtown and not have a problem, if you don't agree to sit
down and work with them, I mean, we're -- this is what ...
169 March 29, 2001
Vice Chairman Gort: Why don't you take 20 minutes, go up -- why don't you take 20
minutes; get together, and come back.
Commissioner Regalado: No. I mean, I'll just second the move to defer. Take a vote.
Commissioner Winton: Commissioner Teele, wait, wait, wait, wait, wait. How -- how
long has this site been this site?
Ms. Selby: Two years.
Commissioner Winton: How many?
Ms. Selby: Two years.
Commissioner Winton: So, I'm -- I just...
Commissioner Teele: Mr. Chairman, let -- if you're asking me the question, I will tell
you. This has been proposed -- it was proposed and it was presented to this Commission
for the first time almost a year ago, almost a year ago. Now, the fact that somewhere in
the governmental process there was some so called secret meetings going on for over a
year, that's not my issue. I don't know that. But I don't want anybody to say this has
been presented to the public and this Commission for two years it's been here for about
one year and Mr. -- the Parks Director or someone needs to weigh in on this or Madam
Manager, you do, but the fact of the matter is, is that this thing has been handled in such a
way that it has invited a lot of scrutiny and criticism, quite candidly. I was very
concerned about the manner in which this was being presented. Extremely concerned.
But we have done everything. We, the CRA, has transferred the land to the City. It's
been done. I mean, there is nothing left for us to do. But I just have a hard time
believing that nobody talked to St. John's. That's -- and I will say again, if this were
Brickell, the first thing that you all would say, everybody needs to sit down and talk. So,
-- I mean, my motion would be to approve it with, with conditions. She doesn't want that.
So, you all do what you want to do.
Ms. Selby: Let me just clarify. I am...
Commissioner Regalado: Excuse me. The fact that if this would have been Brickell, we
wouldn't be discussing this because the people will be asking to meet and meet and defer
and defer. You know, I think that this is a great gift. I really believe that, but you just
can't ignore history and this church is part of the history of the City of Miami, and that...
Mr. Nevins: Thank you, sir. Thank you.
(APPLAUSE)
Mr. Nevins: Thank you very much.
170 March 29, 2001
Vice Chairman Gort: Motion to defer. Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its
adoption:
MOTION NO. 01-295
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ -7
(PROPOSED SPECIAL EXCEPTION TO ALLOW PUBLIC
RECREATIONAL FACILITIES, OVERTOWN YOUTH CENTER, FOR
PROPERTIES AT 1338 AND 1360 N.W. 3' AVENUE, 1330 N.W. 2ND
COURT AND 308 AND 450 N.W. 14TH STREET) TO ALLOW ALL
PARTIES TO COME TO AN AGREEMENT ON SAID ISSUE.
Direction to the City Clerk: by Commissioner Teele to research the
record and provide the Commission with a copy of transcripts of past
discussions by the Commission on this issue.
Direction to the Executive Director of the Community Redevelopment
Agency (CRA): by Commissioner Teele to brief each Board of Directors
of the CRA individually regarding same.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Mr. Nevins: Thank you very much, Mr. Gort. Thank you very much, Mr. Winton.
Thank you, Mr. Regalado, and thank you, Mr. Teele. Thank you very much.
171 March 29, 2001
Commissioner Regalado: It's item 7 or 8?
Lourdes Slazyk (Assistant Director, Planning and Zoning): Eight.
Commissioner Regalado: Item 8.
Ms. Slazyk: Item 8 is an appeal from a variance that was denied by the Zoning Board.
The City Commission had continued this from the last meeting, in order for the City to
meet with the applicant. The City Attorney and the Assistant Attorney, Juan Gonzalez,
and myself met with the applicant regarding this to propose solutions that we could
recommend approval of. What we came up with was that the sides setback variances of,
you know, three feet on either side could be justified by hardship. However, the rear in
the parking variance could not. We had recommended that they remove 10 feet off of the
rear of their proposal and that would eliminate the parking variance. So, two of the three
variances could go away with eliminating 10 feet across the back of the proposed
addition, and that would leave the addition flush with the sides of the building and shorter
in the back, and we would be able to recommend approval of that. Without that, the
additional encroachment into the rear. There is no justification or for the parking. So...
Commissioner Regalado: Does that coincides with -- who's...
Ms. Slazyk: I don't know if they agreed to it.
Benito Gonzalez: My name is Benito Gonzalez. I live at 11770 Southwest 182nd Terrace.
We tried to apply this one because we wanted to follow to the construction line. We have
sufficient space to -- according to South Florida Building Code to keep the green area in
this place. We need sufficient space to keep our files because we have a 125,000
expedient of file to put back there. We need space to put all files in our -- maybe in the
end of the year we have 200,000.
Commissioner Regalado: OK. I move to approve the appeal.
Commissioner Teele: What's the staffs recommendation?
Ms. Slazyk: The staffs recommendation was for denial as presented, approval if they
take 10 feet off the rear to not need the rear setback.
Commissioner Teele: Did you take the 10 feet off?
172 March 29, 2001
Commissioner Regalado: They did change and had those landscaping and trees around.
The problem is ...
Ms. Slazyk: There is a 20 -foot setback required in the back and they're encroaching by
10 feet. We could support the side setback variances. Again, by eliminating the rear --
the 10 feet extra in the rear, it would also eliminate the parking variance, so that was the -
- you know, what we met with him on.
Commissioner Winton: You know, Commissioner ...
Ms. Slazyk: Yes, yes. And they -- he didn't agree at the meeting. He was going to go
back and find out if that could work for them and, apparently, it can't.
Commissioner Winton: Well, I think this is a mistake. I think it's a huge mistake to
institutionalize -- to grant somebody a variance here when there is no hardship to
institutionalize a problem in your neighborhood. If they need extra file room and extra
whatever they need here, sell the building and buy a new one. You know, people buy it.
Don't institutionalize a problem here in your own neighborhood. I don't get that.
Nick Martinez: Excuse me. Nick Martinez, 11405 Southwest 99th Court. In reviewing
the plans, we're within the footprint that's required by zoning and the green area meets
the footprint -- it definitely meets the square footage allowed.
Ms. Slazyk: But not the setback.
Mr. Martinez: That's the only thing that would be the setback. But even if we go -- went
in the setback, we're still within the footprint of the building, of what's allowed on the
site.
Ms. Slazyk: Yes.
Commissioner Winton: But it's two things. It's setback and parking.
Vice Chairman Gort: No, no. Wait a minute. Wait a minute. No, no.
Ms. Slazyk: What the addition does is, it
Vice Chairman Gort: My understanding is, the addition extended beyond the footprint of
the building.
Ms. Slazyk: Oh, yes. Yes.
Commissioner Winton: And it requires a setback variance and a parking variance and
those are two ...
173 March 29, 2001
Ms. Slazyk: Yes. And if it...
Commissioner Winton: Those are two of the worst...
Mr. Martinez: But the lot coverage is still maintained within that.
Ms. Slazyk: Right. The three feet on the sides...
Commissioner Winton: But maximum lot coverage doesn't have anything to do with how
close your buildings to your neighbor. You know, that really -- and I'm not trying to pick
on you guys at all, but I'm just saying that these kinds of things in neighborhoods that
we've allowed to happen over and over and over again in the City over the last 15 or 20
years has lead to a deterioration in the quality of neighborhoods, and that's all I'm saying.
I'm not trying to pick on you guys at all. I know you have a real need. I know you're
sincere about it. But those kinds of decisions on our part are really bad public policy. If
you need more space, you've got land that you own, need a bigger -- sell it and go buy a
new one where you could add to a better quality of life in the neighborhood instead of
adding -- creating a new problem for that neighborhood long term.
Vice Chairman Gort: Let me ask a question.
Commissioner Winton: Now, I'm only one vote.
Vice Chairman Gort: What's the setback right now in the present building?
Mr. Martinez: Seven/seven. Seven/seven, seven/five on either side.
Ms. Slazyk: Yeah. It's seven and a half on the sides. Now, on the back, the addition
they're proposing is about thirty ...
Vice Chairman Gort: No. I'm talking about the existing building.
Ms. Slazyk: On the sides, they don't meet the side either. It's 7/7 on one side; seven and
a half on the other; on the rear. With the addition, they would be leaving only 10, where
20 is required.
Vice Chairman Gort: Is that drawing correct or -- the existing footprint -- what's the
setback of the existing footprint?
Ms. Slazyk: On which side?
Vice Chairman Gort: On the existing building.
Ms. Slazyk: OK. The side is seven feet
Vice Chairman Gort: The back setback -- I'm sorry. The back setback.
174 March 29, 2001
Ms. Slazyk: The back. OK. I need the full size. I can't read this.
Commissioner Regalado: So, what is it that you're saying, Lourdes?
Mr. Martinez: It's about 41 feet.
Ms. Slazyk: On the -- all right. On the sides, it doesn't meet on the side either, but that's
legal, nonconforming. It was fine.
Vice Chairman Gort: It follows the same line.
Mr. Martinez: The existing setback is 40 -- roughly 41 feet.
Ms. Slazyk: Yes. And then the addition is going to be 31 feet, so it would leave only 10
in the rear, and what we suggested was make it a 21 foot addition in the rear and that
still...
Commissioner Regalado: But that will defeat the purpose. They're going to have to just
move, sell. Because they need that space, not ...
Ms. Slazyk: What we suggested at the meeting was that they build this in a way that
structurally it be strong enough that, at a future date, they could put a second story on
because that's allowed. They're encroaching back where they could put a second floor
up. And if they build it in phases -- they have a certain amount of need now and they're
projecting a certain amount of need. If they build it to the setback line with an addition
up in the future, that's another way to do it.
Commissioner Regalado: Yeah, but that's the technical answer to it, but this is not a
commercial venture. This is a not-for-profit group that they need to seek ...
Ms. Slazyk: Yeah, but that's not hardship.
Commissioner Regalado: I know that. I know that. But you're saying that, you know,
they can like just get the money or whatever, and they can't. And that is -- so, you know.
I'll move to accept the appeal.
Vice Chairman Gort: OK. There's a motion. Is there a second? There's a motion. Is
there a second?
Commissioner Teele: I'll take the gavel, Commissioner Gort.
Vice Chairman Gort: I'll second it.
Commissioner Teele: There's a motion and a second.
175 March 29, 2001
Unidentified Speaker: What's the motion?
Commissioner Teele: The motion is to accept the appeal and to overrule staffs regarding
the setback provision. All those in favor of the motion, say "aye." All oppose?
Commissioner Winton: No.
Commissioner Teele: Three to one. It passes.
Walter Foeman (City Clerk): Who moved it?
Commissioner Teele: Moved by Commissioner...
Commissioner Regalado: So moved.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 01-296
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), GRANTING THE APPEAL AND REVERSING
THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A
VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, TO ALLOW A SIDE YARD SETBACK OF 77" AND
7'5" (10'0" REQUIRED), A REAR YARD SETBACK OF 10'0" (20'0"
REQUIRED), AND TO WAIVE ONE OF THE REQUIRED SIX
PARKING SPACES FOR THE PROPERTY LOCATED AT
APPROXIMATELY 4610 NORTHWEST 7TH STREET, MIAMI,
FLORIDA, SUBJECT TO A TIME FRAM OF TWELVE MONTHS IN
WHICH TO PULL A BUILDING PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: Commissioner Johnny L. Winton
ABSENT: Commissioner Joe Sanchez
176 March 29, 2001
Commissioner Teele: Moved by Commissioner Regalado. Seconded by Commissioner Gort. I
give the chair back to you, Commissioner Gort.
177 March 29, 2001
Commissioner Teele: Next item
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZs 9 and 10 are companion
items, second reading, land use and zoning change for the...
Commissioner Teele: Are there objectors present to PZs-9 and 10? Are there objectors
present? All right. You want to make the motion?
Commissioner Winton: Which one?
Ms. Slazyk: PZ -9 and 10. Second reading, companion land use and zoning. We
recommend approval.
Commissioner Teele: It's an ordinance. Ordinance?
Commissioner Winton: So moved.
Commissioner Teele: Is it an ordinance?
Commissioner Regalado: Second.
Ms. Slazyk: It's an ordinance.
Commissioner Teele: Read the ordinance into the record.
Miriam Maer (Assistant City Attorney): It's an ordinance.
Commissioner Teele: Read the ordinance into the record. Call the roll, please, Mr.
Clerk.
178
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 195 SOUTHWEST 15TH ROAD, MIAMI,
FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading, by title, at the meeting of February 22, 2001, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Winton,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12032.
The ordinance was read, by title, into the public record by the City Attorney.
Walter Foeman (City Clerk): Roll call. Commissioner Winton?
Commissioner Teele: Mr. Winton, you are the quorum.
Note for the Record: Vice Chairman Gort exited the chambers at 6:38 p.m.
179
Commissioner Teele: Read the next ordinance.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -10 is a companion.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING PAGE NO. 37 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM O OFFICE TO
C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED
AT 195 SOUTHWEST 15' ROAD, MIAMI, FLORIDA, LEGALLY
DESCRIBED ON ATTACHED "EXHIBIT A"; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of February 22, 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12033.
The ordinance was read, by title, into the public record by the City Attorney.
180 March 29, 2001
Commissioner Teele: Motion by Commissioner Regalado. Seconded by Commissioner --
Commissioner Teele: -- Winton. Call the roll, please.
Commissioner Teele: Motion passes.
181 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -11 through 23, with the
exception of PZ -14, which we just found out was advertised incorrectly. We have to
withdraw it. Eleven through 23 are clean-up amendments that we're making to the
ordinance. We're trying to bring the Comprehensive Plan and the Zoning Atlas into
compliance. So, we've gone to each one of these properties...
Commissioner Teele: These are technical and scrivener's errors and all of that?
Ms. Slazyk: All that. But we went...
Commissioner Teele: There's no substance in any of this?
Ms. Slazyk: We did a thorough study of what each property is being used for and made a
recommendation consistent with its actual use.
Commissioner Teele: Read the first one, Madam Attorney.
Commissioner Winton: Excuse me. On number -- I have a concern about number 18.
Now, that concern may be over come, but I'd rather pull 18...
Commissioner Teele: Let's hold 18 to the side, but let's read all the rest of them, Madam
Attorney.
Commissioner Winton: Correct. Thank you.
Commissioner Sanchez: So moved.
Commissioner Teele: Is there a second? Second by Commissioner Regalado. Call the
roll.
Commissioner Regalado: Second.
Commissioner Teele: It passes.
182 March 29, 2001
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 1650, 1651 AND 1675 NORTHWEST 2ND
STREET, 1639, 1651, 1658, AND 1670 NORTHWEST 3' STREET;
1652 AND 1690 NORTHWEST 4TH STREET, AND 115-117; 191-193;
221, 227 AND 329 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA
FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY,
MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS, DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
183 March 29, 2001
Commissioner Teele: Madam Clerk -- Madam Attorney, read the next item.
Miriam Maer (Assistant City Attorney): PZ -12.
Commissioner Teele: Is there a motion?
Commissioner Sanchez: So moved.
Commissioner Teele: Second by Commissioner Regalado, please, sir.
Commissioner Regalado: Second.
Commissioner Teele: Mr. Clerk, call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING PAGE NO. 35 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA BY CHANGING THE
ZONING CLASSIFICATION FROM "R-2 TWO FAMILY
RESIDENTIAL" TO "R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL" FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1650, 1651, AND 1675 NORTHWEST 2ND
STREET, 1639, 1651, 1658 AND 1670 NORTHWEST 3' STREET;
1652 AND 1690 NORTHWEST 4TH STREET; 1653 NORTHWEST 5TH
STREET, AND 115-117, 191-193, 221, 227 AND 329 NORTHWEST
17TH AVENUE MIAMI, FLORIDA; MAKING FINDINGS;
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
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
185
Commissioner Teele: Item passes. Read the next item, Madam Attorney.
Miriam Maer (Assistant City Attorney): PZ -13.
Commissioner Sanchez: So moved.
Commissioner Teele: Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Mr. Clerk, call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING THE FUTURE LAND USE MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000
BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTIES LOCATED AT APPROXIMATELY 3521 AND 3535
NORTHWEST 17TH AVENUE, 1516, 1536, 1600, 1620 AND 1662
NORTHWEST 36TH STREET, MIAMI, FLORIDA, FROM "GENERAL
COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
186 March 29, 2001
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
187 March 29, 2001
Commissioner Teele: Next item, Madam Attorney.
Miriam Maer (Assistant City Attorney): PZ...
Lourdes Slazyk (Assistant Director, Planning and Zoning): Fifteen.
Ms. Maer: PZ -15.
Commissioner Sanchez: So moved.
Commissioner Teele: Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Is there an objection? I mean, I'm sorry. Clerk, call the roll,
please.
Walter Foeman (City Clerk): This is the roll call on PZ -14. The attorney read PZ -13.
Commissioner Winton: Right.
Commissioner Sanchez: It's PZ -14. This is 13?
Ms. Maer: No. I read PZ -15, is what I just read. First I read PZ -13 and we voted on it.
Mr. Foeman: Yeah, we voted on 13. What about...
Ms. Maer: Then I skipped PZ -14.
Mr. Foeman: You skipped PZ -14.
Ms. Maer: Right. And we went to PZ -15. And I just read PZ -15.
Mr. Foeman: OK. So you
Ms. Slazyk: We withdrew 14.
Ms. Maer: Fourteen has been withdrawn.
Mr. Foeman: Oh, OK.
188 March 29, 2001
Ms. Maer: And I think I correctly read the title from 15, though.
Mr. Foeman: Roll call.
Commissioner Teele: Item passes unanimously. All right. Now, which item -- do we
have the record straight, Mr. Clerk?
Mr. Foeman: PZ -15, we just passed.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 3541 NORTHWEST 9TH COURT AND 3590
NORTHWEST 10TH AVENUE, MIAMI, FLORIDA FROM
"GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
189 March 29, 2001
Commissioner Teele: All right. What's the item that we're reading now, Madam
Attorney?
Ms. Maer: We would be reading -- PZ -16 would be my next one.
Commissioner Teele: OK. And we're going to skip PZ -18, don't forget. Please...
Commissioner Winton: We're going to -- I'm going to recommend pulling PZ -18.
Ms. Slazyk: To continue -- defer it. So we can look at that.
Commissioner Teele: Motion to defer PZ -18 by Commissioner Winton. Is there a
second?
Commissioner Sanchez: Second.
Commissioner Teele: Seconded. Is there objection? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: All opposed say no.
The following motion was introduced by Commissioner Winton, who moved its
adoption:
MOTION NO. 01-297
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ -18
(PROPOSED FIRST READING ORDINANCE TO AMEND
COMPREHENSIVE PLAN ORDINANCE NO. 10544 TO CHANGE
LAND USE DESIGNATION FOR PROPERTY AT 501 N.W. 30
STREET FROM RECREATION TO MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL.
190 March 29, 2001
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: Please read the next item number 16 into the -- did we read 15?
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ...
Commissioner Teele: Did we read 15?
Ms. Maer: We read 15. We voted on 15.
Walter Foeman (City Clerk): Yes, we did.
191 March 29, 2001
Commissioner Teele: Please read item 16 into the record.
Miriam Maer (Assistant City Attorney): Yes, sir. PZ -16.
Commissioner Teele: Is there a motion?
Commissioner Sanchez: So moved.
Commissioner Teele: Second?
Commissioner Regalado: Second.
Commissioner Teele: Mr. Clerk, call the roll, please.
Commissioner Teele: Item passes unanimously.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 505 AND 515 NORTHWEST 20TH STREET,
MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES" TO "MEDIUM
DENSITY, MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS;
MAKING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
192 March 29, 2001
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
193 March 29, 2001
Commissioner Teele: Next item.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Seventeen.
Miriam Maer (Assistant City Attorney): PZ -17.
Commissioner Teele: Is there a motion?
Commissioner Sanchez: So moved.
Commissioner Teele: Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Call the roll, please.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 2000 NORTHWEST 3RD AVENUE, MIAMI,
FLORIDA, FROM "RECREATION" TO "MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
194 March 29, 2001
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
The ordinance was read, by title, into the public record by the City Attorney.
195 March 29, 2001
Commissioner Teele: Next item.
Miriam Maer (Assistant City Attorney): PZ -19. PZ -19.
Commissioner Teele: Is there a motion?
Commissioner Winton: So moved.
Commissioner Sanchez: Second.
Commissioner Teele: Seconded by Commissioner Sanchez. Mr. Clerk, please call the
roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 3000, 3040, 3100, 3110, 3120, 3130, 3136, 3200,
3220, 3299, 3302, 3311, 3312, 3320, 3327, 3412, 3420, 3430, AND 3442
NORTHWEST 2ND AVENUE, 213 NORTHWEST 30TH STREET, 209
NORTHWEST 32ND STREET, 187,197 AND 210 NORTHWEST 33RD
STREET, 182 AND 212 NORTHWEST 34TH STREET AND 213
NORTHWEST 34TH TERRACE, MIAMI, FLORIDA; FROM
"GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
196 March 29, 2001
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
The ordinance was read, by title, into the public record by the City Attorney.
197 March 29, 2001
Commissioner Teele: Next item, please.
Miriam Maer (Assistant City Attorney): You're ready for the ordinance? PZ -20.
Commissioner Teele: Is there a motion?
Commissioner Sanchez: So moved.
Commissioner Teele: Is there a second? By Commissioner Winton. Please call the roll,
Mr. Clerk.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
A FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 3465 NORTHWEST 2ND AVENUE, MIAMI,
FLORIDA FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL";
MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
198 March 29, 2001
Commissioner Teele: Next item, please, Madam Attorney.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -21 -
Miriam Maer (Assistant City Attorney): Item number 21.
Commissioner Teele: Is there a motion?
Commissioner Sanchez: So moved.
Commissioner Winton: So moved.
Commissioner Teele: Moved by Commissioner Sanchez. Seconded by Commissioner
Winton. Mr. Clerk, please call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED
AT APPROXIMATELY 175 AND 187 NORTHWEST 27TH STREET,
176, 178, 179, 184 AND 187 NORTHWEST 28TH STREET, 2701, 2727
AND 2801 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM
"INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING
FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
199 March 29, 2001
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
The ordinance was read, by title, into the public record by the City Attorney.
200 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -22 -
Miriam Maer (Assistant City Attorney): An ordinance -- 22.
Commissioner Sanchez: So moved.
Commissioner Teele: Moved by Commissioner Sanchez. Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Second by Commissioner Regalado. Mr. Clerk, please call the
roll. Item passes unanimously.
An Ordinance entitled —
AN ORDINANCE AMENDING PAGE NO. 19 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL" TO C-2 "LIBERAL COMMERCIAL" FOR
THE PROPERTY LOCATED AT APPROXIMATELY 3501
NORTHWEST 22ND AVENUE, MAKING FINDINGS; 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
201 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning & Zoning): Twenty-three.
Miriam Maer (Assistant City Attorney): Twenty-three.
Commissioner Sanchez: So moved.
Commissioner Teele: Moved by Commissioner Sanchez.
Commissioner Regalado: I got a question. Brief question here. Why
Commissioner Teele: It's seconded by Commissioner Regalado for discussion.
Commissioner Regalado: Why does it say from a residential to government and
institutional?
Ms. Slazyk: The property is part of a school. It is a school playground, and right now it
has a zoning designation of R-3 and a land use designation of major institutional, public
facilities, transportation utilities. This is to bring the two into compliance for the existing
use, which is a school playground. G/I (Government and Institutional) is the public
facility category.
Commissioner Regalado: So, it's not paying taxes now?
Ms. Slazyk: It's a school; not paying taxes and won't even with the zoning change.
That's governed by the ownership, not by the zoning.
Commissioner Regalado: OK.
Commissioner Teele: Does that answer your question, Commissioner Regalado?
Commissioner Regalado: Yes.
Commissioner Teele: Is there further discussion? It's moved by Commissioner Sanchez.
Seconded by Commissioner Regalado. Mr. Clerk, call the roll, please.
202 March 29, 2001
An Ordinance entitled —
AN ORDINANCE AMENDING PAGE NO. 19 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA BY CHANGING THE
ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO G/I "GOVERNMENT AND
INSTITUTIONAL" FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1850 NORTHWEST 32ND STREET; MAKING
FINDINGS; 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
203 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -24, a second reading amendment to SD -9
for eliminating certain incompatible uses within the SD -9 Biscayne Boulevard North Overlay District.
We recommend approval.
Commissioner Sanchez: So move.
Commissioner Teele: It's moved by Commissioner Sanchez. Is there a second?
Commissioner Winton: Second.
Commissioner Teele: By Commissioner Winton. Mr. Clerk -- Is there discussion?
Commissioner Sanchez: None.
Commissioner Teele: Mr. Clerk, call the roll.
Miriam Maer (Assistant City Attorney): Shall I read the ordinance?
Commissioner Teele: Huh?
Walter Foeman (City Clerk): She has to read the ordinance.
Ms. Maer: Shall I read the ordinance?
Commissioner Teele: Oh, I'm sorry. Please read the ordinance.
Ms. Maer: Item Number 24.
Commissioner Teele: Is there objection? Call the roll, please.
204 March 29, 2001
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 6, SECTION 609 TO MODIFY PROVISIONS
REGARDING PERMISSIBLE USES WITHIN THE SD -9 BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT IN ODER TO
ELIMINATE INCOMPATIBLE USES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 22, 2000, 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12034.
The ordinance was read, by title, into the public record by the City Attorney.
205 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -25 is a second reading
ordinance in order to increase the radius for courtesy notice of public hearings. The mail
notice to property owners from 375 to 500 feet.
Commissioner Winton: So moved.
Commissioner Teele: Moved by...
Commissioner Regalado: Second.
Commissioner Teele: Please call the -- read the item, please.
Commissioner Sanchez: So moved. Which one? You're talking 25?
Commissioner Regalado: Yes.
Walter Foeman (City Clerk): Yes.
Commissioner Sanchez: Who moved it?
Commissioner Teele: Who moved it and who seconded it?
Mr. Foeman: Commissioner Winton moved it and Commissioner Regalado seconded it.
Commissioner Teele: Call the roll.
206 March 29, 2001
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62, SECTION 62-129 (4) OF TO CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "COURTESY
NOTICE" IN ORDER TO INCREASE THE RADIUS FOR COURTESY
NOTICE OF PUBLIC HEARINGS TO BE RECEIVED BY PROPERTY
OWNERS FROM 375 FEET TO 500 FEET; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of February 22, 2001, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Winton,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12035.
The ordinance was read, by title, into the public record by the City Attorney.
207 March 29, 2001
Commissioner Teele: Next item.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -26 is an amendment to
Article 9 in order to allow for administrative release of certain covenants and unity of
title provisions by the zoning administrator as applicable. This is similar to the one you
had earlier today, where the zoning requires a certain covenant and then either project
doesn't get built or conditions change to allow an administrative release instead of having
to come to you with each one.
Commissioner Winton: So moved.
Commissioner Sanchez: Second.
Tucker Gibbs: Is there public comment?
Commissioner Teele: Madam Attorney, read it into the record.
Miriam Maer (Assistant City Attorney): You're ready for the ordinance?
Commissioner Teele: Yes.
Ms. Maer: Item Number 26...
Commissioner Teele: Is that a resolution?
Ms. Maer: I beg your...
Commissioner Teele: Huh?
Ms. Maer: It is an ordinance, yes, sir.
Commissioner Teele: Yeah, OK.
Ms. Maer: An ordinance of the Miami City Commission amending Ordinance No. 11000,
as amended, the zoning ordinance of the City of Miami, by amending Article 9, Section
910, unity of title, covenant agreements; to provide for administrative releases of
covenants, a unity of...
Commissioner Teele: Tucker -- excuse me. Are you waiting to be heard on one of these
items?
208 March 29, 2001
Commissioner Winton: No. He's
Mr. Gibbs: No. I understood it was first reading, so I'll wait until second reading. Thank
you.
Commissioner Teele: That's so appropriate. You're listening to Commissioner Winton.
Mr. Gibbs: I'm listening to all of you.
Commissioner Teele: Thank you. I apologize, Madam Attorney.
Ms. Maer: Continuing on PZ -26. -- and unity of title provisions by the zoning
administrator as applicable, subject to the following conditions: Number one, releases
shall be in a form acceptable to the City Attorney; number two, releases shall be recorded
in the public records of Miami -Dade County, Florida, at the owner's expense; containing
a repealer provision and severability clause; and providing for an effective date.
Commissioner Teele: Is there a motion?
Walter Foeman (City Clerk): Yes.
Commissioner Teele: And a second? You have them both?
Mr. Foeman: Yes.
Commissioner Teele: Call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
9, SECTION 910, UNITY OF TITLE, COVENANT AGREEMENTS; TO
PROVIDE FOR ADMINISTRATIVE RELEASES OF COVENANTS,
AND UNITY OF TITLE PROVISIONS BY THE ZONING
ADMINISTRATOR AS APPLICABLE, SUBJECT TO THE
FOLLOWING CONDITIONS: (1) RELEASES SHALL BE IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; (2) RELEASES SHALL
BE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, AT THE OWNER'S EXPENSE; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
209 March 29, 2001
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
210 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -28 is an amendment to
Article 6, Section 602 to modify provisions...
Commissioner Regalado: How about -- excuse me -- 27?
Lourdes Slazyk (Assistant Director, Planning and Zoning): First reading.
Commissioner Winton: Deferred.
Commissioner Teele: Deferred.
Ms. Slazyk: Twenty-seven was deferred.
Commissioner Regalado: Why?
Dena Bianchino (Assistant City Manager): The NET (Neighborhood Enhancement
Team) Administrator and NET Director asked to have more time to meet with the
community on this issue and then be brought back at the next meeting.
Commissioner Regalado: Well, you know, I -- just -- I know that you probably don't
care, but this is my district and I first I know about this ...
Ms. Slazyk: No, this is in Coconut --
Commissioner Winton: No, it's in mine.
Ms. Slazyk: Twenty-seventh Avenue in the Grove.
Commissioner Winton: It's in the Grove.
Commissioner Regalado: How come it says 13 Southwest 27th Avenue?
Ms. Slazyk: Oh --
Commissioner Sanchez: No, SD -13.
Commissioner Regalado: SD -13.
Ms. Slazyk: SD -13. The name of SD -13 is Southwest 27th Avenue Gateway District.
Commissioner Regalado: So, you've got to inform Johnny. I don't know if you have.
211 March 29, 2001
Commissioner Teele: All right. Next item.
Lourdes Slazyk (Assistant Director, Planning and Zoning): This is an amendment to
SD -2 for west Grove for parking to allow off site parking within SD -- that section of SD -
2 and the adjacent SD -12. This is -- this will help allow for more options in resolving
parking issues for newer rehab development in the west Grove. We met quite a bit with
the associations and parking committee.
Commissioner Teele: Commissioner Winton, could you make the motion for a first
reading?
Commissioner Winton: So moved.
Commissioner Teele: It's moved by Commissioner Winton, seconded by Commissioner
Sanchez. Will you read the ordinance, please?
Miriam Maer (Assistant City Attorney): This is Item 28.
Commissioner Teele: All right. Is there a -- we have a motion and a second. Mr. Clerk,
would you call the roll? Would you call the roll?
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
6, SECTION 602 TO MODIFY PROVISIONS REGARDING PARKING
WITHIN THE SD -2 COCONUT GROVE CENTRAL COMMERCIAL
("DISTRICT") DISTRICT; TO ALLOW FOR OFFSITE PARKING
WITHIN THOSE PORTIONS OF THE DISTRICT WHICH LIE WEST
OF MARGARET STREET; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
212 March 29, 2001
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
213 March 29, 2001
Commissioner Teele: Twenty-nine, is it?
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -29 is amending Section
10-22 of the City Code, in order to allow exceptions to the appearance Code for the
media district and defining the district. This is for that area of west Omni where Big
Time Productions is. What they're finding there is that some of those buildings are
actually more appropriate for use in photography and video shoots and things like that,
the way they look. The City's appearance code requires them to paint and fix up the
buildings and not allow them, you know, to look like that, and that's the look that they
want for the photography. This would allow exceptions in the appearance code on a
case-by-case basis, one by one, by Class II special permit, and they have to be renewed
annually. Some of the things that are required to be turned in at the time of the Class II is
an engineering report ...
Commissioner Teele: Why did it take so long for this to come back? We've requested
this for over a year now.
Ms. Slazyk: I'd I had to go to the Planning Board and do the notice, get the labels for the
notice and everything. So, it's here.
Commissioner Teele: This is the first step in trying to create sort of a universal studio
without walls. And the idea is one day it may look like a western cow town and the next
day it may look like a grunge building or something like that. Commissioner Winton,
can you support that for first reading?
Commissioner Winton: Absolutely. So moved.
Commissioner Teele: Moved by Commissioner Winton. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: By Commissioner Regalado. Is there -- Madam Attorney?
Miriam Maer (Assistant City Attorney): This is item PZ -29.
Commissioner Teele: Would you call the roll, please.
214 March 29, 2001
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED `BUILDINGS/EXTERIOR
FACADE CODE" TO PROVIDE FOR DEFINITIONS, ESTABLISH
MEDIA DISTRICTS, AND PROVIDE FOR EXCEPTIONS TO THE
EXTERIOR FACADE CODE BY CLASS II SPECIAL PERMIT; MORE
PARTICULARLY BY ADDING NEW DEFINITIONS TO SECTION
10-22 AND ADDING NEW SECTION 10-26 TO SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the Assistant City Attorney.
215 March 29, 2001
Lourdes Slazyk (Assistant Director, Planning and Zoning): And PZ -30 is the case that
we had an appeal filed on, so it can't be heard. I don't know if the -- I guess it's just
deferred indefinitely.
Commissioner Teele: Alright. Madam Attorney.
Miriam Maer (Assistant City Attorney): That's the end of the PZ agenda. These are
regular agenda.
Commissioner Teele: All right. Are there any other PZ items that are here? Is the City
Attorney around?
216 March 29, 2001
Commissioner Teele: Before we leave this item, I had asked the City Attorney -- Mr.
Attorney, is it now the appropriate time to instruct you to prepare the resolution of the
ordinance related to the zoning administrator or is that -- that be done in the zoning
meeting or in the regular Commission meeting?
Alejandro Vilarello (City Attorney): It should be a direction back to Zoning Board for
consideration -- I'm sorry, the Planning Advisory Board.
Commissioner Teele: Oh. I'm asking -- you and I discussed the zoning administrator's
opinions, and I want an ordinance that requires that the zoning administrator shall consult
with the attorney, but shall not be bound or however that says.
Mr. Vilarello: That would require a change of the zoning ordinance, which would require
it to go back to PAB (Planning Advisory Board) first. And...
Commissioner Teele: Is it done in the zoning meeting or is it done in the regular
Commission meeting, is the question? I would assume the regular Commission meeting.
Miriam Maer (Assistant City Attorney): Mr. Commissioner, it's irrelevant which
Commission meeting you'd like to bring this up in because our advice would be that you
direct staff to take the matter to Planning Advisory Board.
Commissioner Teele: All right. So, let's -- let us adjourn the zoning meeting, and let us --
what's the correct term, Mr. Attorney?
Mr. Vilarello: Reconvene.
Commissioner Teele: Reconvene in the regular Commission meeting. All zoning items
have been completed; is that correct? So, we -- the Commission meeting of today is
reconvened.
217 March 29, 2001
Commissioner Teele: Mr. Manager, Mr. Attorney, where would you like for us to start?
Carlos Gimenez (City Manager): I think we left off on Item 3.
Commissioner Sanchez: Item -- Mr. Chairman, so move Item 3.
Commissioner Teele: Item 3 is moved. Is there a second? Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Is there a discussion? All those in favor of Item 3 say "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: All those oppose say no. The item is...
Alejandro Vilarello (City Attorney): I'm sorry. Commissioner.
Commissioner Teele: That's the ratification of the City Manager's actions.
Mr. Vilarello: Item 3 requires a four-fifths vote.
Commissioner Teele: All right. Well, let's do this. Let's defer Item 3 for the next 10
minutes -- few minutes and let take up Item Number 4.
218 March 29, 2001
Commissioner Teele: Authorizing the naming of the new disability center.
Commissioner Sanchez: So moved, Mr. Chairman.
Commissioner Regalado: Second.
Commissioner Teele: Moved by Commissioner Sanchez. Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: By Commissioner Regalado. Is there objection? Is there
discussion? Mr. ...
Carlos Gimenez (City Manager): No.
Commissioner Teele: All those in favor say "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: Those opposed say no.
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-298
A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING
THE NEW DISABILITIES CENTER AT KINLOCH PARK, LOCATED
AT 451 NORTHWEST 47TH AVENUE, MIAMI, FLORIDA, THE CITY
OF MIAMI SANDRA DE LUCCA DEVELOPMENTAL CENTER;
AND DIRECTING THE CITY MANAGER TO TAKE THE
NECESSARY STEPS TO APPROPRIATELY IDENTIFY THIS
CENTER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
219 March 29, 2001
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
220 March 29, 2001
Commissioner Teele: Item 5, procurement of rescue vehicles by Fire -Rescue. Is there a
motion?
Commissioner Sanchez: So moved.
Commissioner Teele: Moved by Commissioner Sanchez. Seconded by Commissioner
Regalado. Does it require three votes or four?
Commissioner Sanchez: It's three votes.
Commissioner Teele: You mean, they're not doing this on an emergency basis? What's
wrong? All those in favor say "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: All opposed say "no."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-299
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF SIX EMERGENCY MEDICAL CARE
VEHICLES FROM AERO PRODUCTS CORPORATION FOR THE
DEPARTMENT OF FIRE -RESCUE, UNDER EXISTING MIAMI-
DADE COUNTY CONTRACT NO. 5472-4/01-3, EFFECTIVE
THROUGH MAY 31, 2001, AND SUBJECT TO ANY EXTENSIONS,
IN THE AMOUNT OF $765,714, WITH A CONTINGENCY RESERVE
OF $32,604, FOR A TOTAL AMOUNT NOT TO EXCEED $798,318;
ALLOCATING FUNDS IN THE AMOUNT OF $537,318 FROM
ACCOUNT CODE NO. 313233.289401.840, AS FUNDED BY THE
FIRE ASSESSMENT FEE, AND IN THE AMOUNT OF $261,000
FROM THE IMPACT FEE ACCOUNT CODE NO.
313246.289401.6.840.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
221 March 29, 2001
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
Commissioner Teele: Number 6 would require four votes, is that right?
Carlos Gimenez (City Manager): Yes, sir.
Alejandro Vilarello (City Attorney): Yes.
Commissioner Teele: All right. And we -- do we have any other personal items?
Commissioner Sanchez: Just point of clarification on number 5. The account is from the
fire fee assessment account? Is the money coming out of the fire fee? Getting back to
number 5..
Maurice Kemp (Deputy Fire Chief): One funding source is the fire assessment and the
other funding source is impact fees.
Commissioner Sanchez: OK.
222 March 29, 2001
Commissioner Teele: All right. Item Number 11 is an emergency ordinance requiring
four votes -- Item Number 12 has been deferred. Item 13 has been withdrawn. Item 14 is
a proposed ordinance on Wynwood crime reduction. You want to read the ordinance into
the record, Mr. Attorney? All right. Is there a motion?
Commissioner Regalado: Move it.
Commissioner Teele: Is there a second?
Commissioner Sanchez: Second. Just a question. Any matching funds from the City?
Raul Martinez (Chief of Police): Raul Martinez, Chief of Police. No, there's no need for
matching funds at all. This is a grant for pay for over -time in Wynwood.
Commissioner Teele: Mr. Clerk, call the roll.
Commissioner Winton: I'm sorry.
Walter Foeman (City Clerk): It's item 14.
Commissioner Teele: On the Wynwood Crime Drug Demand Reduction Program.
Commissioner Winton: Yes.
223 March 29, 2001
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED
"WYNWOOD/HIDTA FUND" CRIME AND DRUG DEMAND
REDUCTION PROGRAM, AND APPROPRIATING $42,000 TO SAID
FUND, CONSISTING OF A GRANT FROM THE SOUTH FLORIDA
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA), CRIME
AND DRUG DEMAND, REDUCTION PROGRAM, AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT AND TO
EXECUTE THE NECESSARY DOCUMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR ACCEPTANCE OF
THE GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE
was introduced by Commissioner Regalado, 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
224 March 29, 2001
Commissioner Teele: All right. Let's go back now to Item Number 6, is that right?
Judy Carter (Director, Purchasing): Yes.
Commissioner Teele: Item Number 6 is the waiver of competitive bids to upgrade six
emergency vehicles. Is there a motion? It requires unanimous vote. It requires four
votes.
Commissioner Winton: So moved.
Commissioner Teele: Moved by Commissioner Winton. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: Is there discussion? Is there objection? Is there objection? Mr.
Clerk, call the roll.
225 March 29, 2001
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 01-300
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A
FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE, AFTER A
DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING THAT COMPETITIVE SEALED BIDDING
PROCEDURES ARE NOT PRACTICAL OR
ADVANTAGEOUS FOR THE ACQUISITION OF 280A
NEIHOFF ALTERNATOR UPGRADE, MOTOROLA RADIO
AND INSTALLATION, FREIGHTLINER CHASSIS, AND
MODULAR BODY DIFFERENCE FOR SIX EMERGENCY
MEDICAL CARE VEHICLES AND AUTHORIZING THE
ACQUISITION OF SAID EQUIPMENT FROM AERO
PRODUCTS CORPORATION FOR THE DEPARTMENT OF
FIRE -RESCUE, UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 5472-4/01OTR, EFFECTIVE THROUGH
MAY 31, 2001, AND SUBJECT TO ANY EXTENSIONS, IN AN
AMOUNT NOT TO EXCEED $41,682; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENT PROJECT NO. 313233,
ACCOUNT CODE NO. 289401.840, AS FUNDED BY THE
FIRE ASSESSMENT FEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
226 March 29, 2001
Commissioner Teele: Item Number 11 requires four affirmative -- sir?
Carlos Gimenez (City Manager): Item Number 3 also requires four-fifths.
Commissioner Teele: All right. I apologize. Item Number 3 is the ratification of the
Manager's award of a contract in Morningside. Commissioner Winton moves it.
Commissioner Sanchez: Second.
Commissioner Teele: Seconded by Commissioner Sanchez. Is there objection? Is there
objection? Is there discussion? Mr. Clerk, call the roll.
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 01-301
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 TIS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
AWARDING A CONTRACT TO DAYAN CONSTRUCTION, INC.
FOR THE PROJECT ENTITLED "MORNINGSIDE PEDESTRIAN
BRIDGES REPLACEMENT, B-6367," IN THE AMOUNT OF $28,775;
ALLOCATING FUNDS FROM PROJECT NO. 311016, AS
APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS
AMENDED, IN THE AMOUNT OF $28,775 FOR THE CONTRACT
COSTS AND $6,225 FOR EXPENSES, FOR A TOTAL ESTIMATED
COST OF $35,000, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
227 March 29, 2001
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
228 March 29, 2001
Commissioner Teele: All right.
Commissioner Sanchez: Eleven.
Commissioner Teele: Next one will be Item Number 11 is an emergency ordinance
increasing the appropriation for Law Enforcement Trust Fund. Moved by Commissioner
Sanchez.
Commissioner Winton: Second.
Commissioner Teele: By Commissioner Winton. Is there objection? Is there
discussion?
Commissioner Winton: One question. Yeah, one question. What is the balance -- the
total balance in the LETF (Law Enforcement Trust Fund) fund once this three million
additional gets put in here?
Raul Martinez (Chief of Police): Commissioner, we -- after you approved this, we had
one point two million dollars ($1.2 million) that's unappropriated -- and unappropriated
means you haven't set aside any programs to fund it. This three million dollars
($3,000,000) is like -- and the way they explained it to me -- it's moving money from a
savings account to the checking account. We won't be able to spend a penny unless we
come in front of you and you approve programs, like the programs in Item 12, which was
deferred. The three million dollars ($3,000,000) was to cover some of those programs.
Some of those programs you have -- you know, you (inaudible) approve.
Commissioner Winton: So, of the three million here, some of us already allocated one
point something -- because I forget the number you used, but half of it's allocated and
half of it isn't roughly?
Major Joseph Longueira: No. No. Of the three million...
Commissioner Teele: Let me just say this. The way to look at this is, this is a ceiling
increase in the amount of money that they can spent. In other words, when -- this I -- I
don't know why -- and I wish the Charter Review Committee would look at this. This is
a very redundant way to do this. In `85 or so, when this fund was created, it was created
with a ceiling of three million dollars ($3,000,000). Each year they've increased the
ceiling. So, now we're up to like, what is it, thirty-two million, thirty -- I read this ...
Chief Martinez: It's like thirty-one million dollars ($31,000,000), I think it is.
229 March 29, 2001
Commissioner Teele: Thirty-one million. And what we're doing is, right now, as we
speak, the ceiling is twenty-eight million. All we're doing now, based upon the
anticipated receipts of the Law Enforcement Trust Fund for the coming year, we're
increasing the ceiling, the budget level by three million dollars ($3,000,000) to thirty-one
million.
Major Longueira: No. We actually have (inaudible)
Chief Martinez: You're right, with the exception is that (inaudible) anticipated. This is
actual money, checks we've gotten from the federal government, from the state...
Commissioner Teele: So, these are moneys that you've actually received?
Chief Martinez: Right. And we're going from the savings account to the checking
account. So, when you approve something, we have checks to pay for it.
Commissioner Winton: Well, if there's a charter issue here -- which I don't understand
yet, but if there is, I can tell you that it isn't on our table yet. And staff has given us all of
their recommendations and this isn't one of them. So, if this is a Charter issue, get it --
Chief Martinez: I don't think it's a Charter issue.
Commissioner Winton: -- before our committee.
Major Longueira: You may be able to ask (inaudible).
Commissioner Teele: I think it's something that the City Attorney needs to look at
consistent with the way governments appropriate funds. There is -- the issue is, there is
no reason why we cannot appropriate funds by resolution and right now, to appropriate
funds, it requires an ordinance. The other thing is how we can establish ceilings a little
bit differently from the way we're doing them now. And I don't know the answer, but it's
something we need to look at. But I can tell you this. In the County, we passed probably
seven emergency ordinances the entire time I was there, and half of them related to
Hurricane Andrew. We are doing emergency ordinances --
Commissioner Winton: Right. All the time.
Commissioner Teele: -- as a matter of course and they really should not be. And it's a
Charter issue. It's the way the Charter is recorded.
Alejandro Vilarello (City Attorney): This is a -- Commissioner Teele is correct. Our
Charter requires appropriations to be done by ordinance. That's atypical. Generally
speaking, you may adopt your budget on an annual basis in the appropriations ordinance,
by ordinance, but you can change them by resolution. If not, for our Charter provision,
which requires it to be adopted by ordinance. It is in one of my office's memorandum to
the Charter Review Committee, but it's kind of an innocuous provision.
230 March 29, 2001
Commissioner Winton: I didn't get it.
Commissioner Teele: It's sort of a technical issue. It's really not a -- but it would drive
what we're doing everyday because, you know, somebody comes and says emergency
ordinance, and then to buy -- I mean, an emergency ordinance to buy some, you know,
hub caps for the police cars or something.
Commissioner Winton: Right. That's terrible.
Commissioner Teele: Mr. Clerk, we have a motion. We have a second. Further
discussion? Mr. Clerk, please call the roll. Mr. Attorney, read the item.
Walter Foeman (City Clerk): To read the ordinance.
Commissioner Teele: I'm sorry. Mr. Attorney, read the item.
231 March 29, 2001
An Ordinance entitled
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 10021, AS
AMENDED, ADOPTED JULY 18, 1985, TO INCREASE
APPROPRIATIONS TO THE LAW ENFORCEMENT TRUST FUND
("LETF") IN THE AMOUNT OF $3,000,000, RECEIVED AS A
RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUNDS
DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE
was introduced by Commissioner Sanchez and seconded by Commissioner Winton, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Whereupon, the Commission, on motion of Commissioner Sanchez and seconded by
Commissioner Winton, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12036
The ordinance was read, by title, into the public record by the City Attorney.
Commissioner Teele: Mr. Clerk.
Commissioner Regalado: I've got a question, Chief. Has anybody or everybody applied
for the Law Enforcement Trust Fund cycle?
232 March 29, 2001
Chief Martinez: Commissioner that was the item that was deferred until the next
Commission meeting. We had about 50 some companies -- 50 some groups applied for
all this money. We put a committee together that you all -- you know, that we told you
before from financing, you know, CD (Community Development) and they
recommended to me which were the top to get money, and the ones we have brought to
you -- we'll bring it again with more information has been requested at the next
Commission meeting, which are the ones that I'm recommending the Commission
approve because there were those deemed the most qualified to provide, you know,
programs in our community.
Commissioner Regalado: So, the deadline is over. Now, when is the next cycle,
January?
Chief Martinez: Probably towards the last quarter of this year we'll send letters out again.
We'll give you that information out again to see if you know anybody, like we did the last
time. If you know somebody that wants money, so we can do the process all over again
and, hopefully, next January, we'll do it all over again and, you know, and fund the
programs come next January.
Commissioner Regalado: How about if there is an emergency?
Chief Martinez: The process, as you all have approved it, the Manager approved, allows
us -- as long as they meet the criteria for the funding -- up to two thousand dollars
($2,000) to be funded, you know, from this, and from the pool of twenty thousand dollars
($20,000) for something that has -- that should be sponsored, that didn't meet the
deadline, but it's a -- it's (inaudible) at two thousand dollars ($2,000). That was the
process that we approved.
Commissioner Regalado: No. I'm thinking the City parks in the summer, you know.
Just in case. Because there are several things going on in the City parks that sometime
need money, especially the inner city, sometimes need some money for lunches or
whatever. So, this is why I'm thinking about the possibility of May or June.
Chief Martinez: And, Commissioner, I agree because we have funded those things
before. We have to be very careful because we were audited and on what can and cannot
be paid for Law Enforcement Trust Fund, and the key here is crime prevention programs.
You know, it may be a good program that we want to fund, but if it doesn't meet the
criteria of a crime prevention program, maybe a (inaudible) we can't fund it. That is the
key that the staff allows us to fund. But we'll look at whatever program, as long as it
meets that under two thousand dollar ($2,000) (inaudible).
Commissioner Teele: Under two thousand dollars ($2,000)?
Chief Martinez: Yes, sir.
Walter Foeman (City Clerk): Mr. Chairman, excuse me. This is an emergency
233 March 29, 2001
ordinance. I need to do one more roll call.
Commissioner Sanchez: I was going to say that. Two readings.
Mr. Foeman: Roll call.
Commissioner Teele: Second roll call.
Mr. Foeman: Second roll call.
Commissioner Teele: Mr. Manager, on this issue, I met with the Chief today over lunch.
I think the whole issue that I wanted to bring to the Chief's attention is that the audit that
has been done is not a flowering, flattering audit, but it really does show that the
Commission and the Manager, as well as the Chief, who has the only statutory authority
to make the recommendation, need to be more diligent in applying to state regulations.
This process coming...
Commissioner Winton: (Inaudible).
Commissioner Teele: Law Enforcement Trust Fund. This process coming forward now
is the first time -- it's not before us today. It was deferred. Is the first time there has been
a "competitive process." The only discussion that I had, after understanding clearly what
we were doing -- and that I would hope that, as a part of the presentation at the next
meeting, that we'll get a brief overview of crime by neighborhoods, not necessarily by
district, but by neighborhoods. Because I think we need to ensure that these funds are
following in some cases, not all cases, but following crime, and I think the Chief and I are
in agreement on that point, and it's not that it ought to be based on crime, but it ought to
at least follow that. But I do think -- and I'll say this again -- that the process is much
improved, and there appears to be a lot more safeguards, particularly the City Attorney's
Office appears to be objecting a lot more proactive in the deliberations on this. Mr.
Attorney, you might want to hear this. Sort of like a compliment, I think, that the City
Attorney's Office is being far more proactive in asserting a far more assertive roll in
ensuring the appropriateness of funds. So, right now we're in a tight review process. So
there may not be as much flexibility right now, based upon the City Attorney's concerns,
as there were in the past years, but I think that City Attorney's oversight is helpful to the
process. And I just wanted to say, on the record, I compliment you on that, Mr. Chief.
Chief Martinez: Thank you, Commissioner.
234 March 29, 2001
Carlos Gimenez (City Manager): Commissioner, on Item Number 7, on (inaudible)
personal appearances is here. Be glad if you take that up.
Commissioner Teele: Yes. I asked are any of the personal appearance items present. I
apologize. It's in the laundromat in Overtown with a person who has a distinguished --
you work with the City, right?
Anita Najiy: Yes, sir.
Commissioner Teele: Oh, figured that.
Ms. Najiy: Anita Najiy. I'm the owner of Super Suds Laundromat, in the City owned
Overtown Shopping Center.
Commissioner Teele: Were you here this morning, ma'am?
Ms. Najiy: Yes, sir. I've been here all day.
Commissioner Winton: Oh, my goodness.
Commissioner Teele: I apologize to you. When the Chairman brought up all of the
personal appearance items, we asked people to come forward based upon that.
Ms. Najiy: I probably stepped out to make a phone call.
Commissioner Teele: That was around 12:15 by the way.
Commissioner Winton: Well, we apologize to you for -- we -- if we would have been
aware, we would have made sure you got up here long ago.
Ms. Najiy: Yes, sir. Again, I'm here today to request an abatement for the rent that I owe
and also to request a moratorium on rent that's to be paid, and the basis for my request is
as follows: On October 16, 2000 I received a notice of non renewal from my insurance
company, informing my insurance will not be renewed due to the condition of the
building. I contacted Asset Management.
Commissioner Teele: You said that the insurance company said they would not renew
because of what?
235 March 29, 2001
Ms. Najiy: The condition of the building.
Commissioner Teele: Is that in writing?
Ms. Najiy: Yes, sir.
Commissioner Teele: Have you given that to Asset Management?
Ms. Najiy: Yes, sir. I contacted Asset Management and informed them of the impending
situation. I was supplied with a copy of a memorandum from the City Manager,
requesting emergency repairs to the Overtown Shopping Center, which had been
approved. A copy of this memo was forwarded to the insurance company; however, the
company expressed that they were not interested in maintaining the account. Insurance
agent sought other companies. One was identified and provided a proposal of forty-four
hundred dollars ($4,400). However, this was contingent upon receiving proof of the
repairs to the roof. Since the repairs were not performed, I lost this company as well.
By not having insurance, I am currently in violation of a provision of the Revocable
License Agreement, signed on June 19, 1998, between the City of Miami and myself.
Additionally, I have violated a provision of a contract that I had signed with the
equipment company, who's financing my machines. Administration has been continually
updated on the situation. I had them recently -- I have been able to recently obtain an
insurance proposal for forty-five hundred dollars ($4,500). Due to the circumstances, I
am not afforded the luxury of shopping for a lower bidder, and I'm forced to accept this
proposal to cure the outstanding violations. During this time and under the advice of
counsel, I have withheld rent payments. I have informed Asset Management of my
reasons, which were partially outlined in my presentation. I was previously informed by
administration that, beginning today, repairs to the roof, among other desperately needed
repairs, were scheduled to begin at the Overtown Shopping Center. Being that this
information has once again proven to be inaccurate, I'm requesting a moratorium of any
additional rent payments until such time that the work has been completed. After hearing
the discussions this morning regarding the Overtown Shopping Center, I got the very
distinct impression that there is no intent to effect repairs to the roof or other aspects of
the center. I'm reminded of the discussion that occurred February 2000 at a Commission
meeting. I was informed that the Overtown Shopping Center was on the list of the City's
Capital Improvement Projects. I later learned that, while it was so designated, no moneys
were allocated to fund the project. I now have personal knowledge of how many
residents of Overtown feel, who are renting from landlords who refuse to effect much-
needed repairs to make living conditions comfortable for them. What happens to them? I
ask you, if you are renting an apartment from a landlord and you have signed a lease, be
it month-to-month or year-to-year, and that landlord refuses to effect repairs, as required
by the provisions of that lease agreement, would you continue to make rent payments?
Commissioner Regalado: You will probably get a fine from a Code Enforcement
inspector of the City because you live in a rundown apartment and -- who owns that
building, the City?
236 March 29, 2001
Commissioner Winton: The City. That's the same Overtown Shopping Center we talked
about earlier.
Commissioner Regalado: Oh, I wasn't here probably at that time. But...
Commissioner Teele: Before you do, let me just ask one thing, ma'am. Be very specific.
What is your request to us today, that we abate rent for what period of time and, equally,
how much money?
Ms. Najiy: OK. Currently, I owe rent from October, effective April the lst. That's a
total of fifty-two hundred dollars ($5,200), plus or minus some change; and until such
time that I am able to secure the insurance, I'm going to ask that I withhold my rent
payment.
Commissioner Teele: And how much is that per month, roughly?
Ms. Najiy: Presently, it's seven hundred and forty-three dollars and twenty-eight cents
($743.28).
Commissioner Winton: But the -- procuring the insurance issue is related to -- I mean,
you can't procure it until -- can you buy insurance tomorrow?
Ms. Najiy: Presently, yes, I am, but the insurance premium is much higher because of the
condition of the building. I managed to get a insurance company that would insure me.
Presently -- prior to my getting this company, my insurance premium was three/four
hundred dollars.
Commissioner Teele: How much is it now?
Ms. Najiy: forty-five hundred.
Commissioner Winton: Well, commercial premiums have skyrocketed this year also, by
the way, so she isn't alone in that regard.
Commissioner Teele: But the amount of the -- that you're requesting is that we basically
allow you to not pay five thousand or so dollars, is that right?
Ms. Najiy: I'm either asking for it to be forgiven or that I be allowed to repay it at a time
period -- a timeframe that's suitable to you.
Commissioner Teele: And you're further asking that the seven hundred dollars ($700) a
month be -- what's the right word, Johnny?
Ms. Najiy: Deferred until such time that the repairs...
Commissioner Teele: Not deferred. That's not what you want.
237 March 29, 2001
Ms. Najiy: Well, it would have to be...
Commissioner Teele: That's not what you want, ma'am. I'm telling you.
Commissioner Regalado: No, you don't want deferred, because you don't want to pay it.
You...
Commissioner Teele: You don't want to defer it. You want it to be abated. That's what
you want.
Commissioner Regalado: You want -- you don't want to pay until they fix the building so
you can get a good insurance. That's what...
Commissioner Teele: You don't want to have to pay it once the building is fixed.
Commissioner Regalado: You don't want to pay until the building is safe. That's...
Ms. Najiy: That's correct.
Commissioner Teele: It's a big difference between deferred and abated.
Commissioner Regalado: OK. When...
Commissioner Winton: Could we hear from staff. I'd like to understand more about the
conditions of the building. Is the roof leaking -- what's the deal with the roof leak?
Lori Billberry (Director, Asset Management): Yes. Lori Billberry, Asset Management.
The roof does leak. It has been leaking and it has impacted, on occasion, her business.
There were also issues with AC (Air Condition) leaks. We made a site visit on March
5th. Everything appeared to be in order at that time, although Ms. Najiy did show me
some places where water has intruded in the past. There was -- except for in the
restroom, there was no current evidence of water leaks. We asked her for receipts of like
ceiling tile replacements that may be the reason why that evidence wasn't found because
we are aware it has occurred in the past. She provided us receipts, but they were related
only to the initial improvements and nothing that has happened since her occupancy of
the premises. What we were recommending is that we give her basically a discount for
the period of time that she has been operating, which is from January of '99 to present, of
10 percent, and that would be applied against everything, for the inconveniences that
have been afforded to her, and that that reduced amount would continue to be due until
the roof is fixed, which we estimate would be earlier than August 1St
Commissioner Winton: But -- well, I guess I'm confused: The roof is leaking, so you've
got a bad roof that leaks into her space. I don't understand the issue about why she would
be having receipts for replacing ceiling tiles.
238 March 29, 2001
Ms. Billberry: Well, in the past, she -- when we went there, we didn't see any evidence
of any roof leaks at that time. And I can give you a couple pictures, you know, of the
place that you can just see.
Commissioner Winton: So ...
Ms. Billberry: But I don't disagree that it is very likely that those leaks have occurred in
the past because we have seen old photos from before she took possession of the premise
that was evidence of water leaks.
Commissioner Winton: So, you're suggesting that, as far as you know, during the months
of October 2000 to March 2001, you can't document the fact that there has been leaks
going -- water leaks, water dripping into her suite from a leaky roof?
Ms. Billberry: No. She did indicate there was AC leaks also. There was a drip pan
issue. We asked for the receipts. Unfortunately, I haven't received those receipts because
we would consider, you know, working with her on those issues.
Ms. Najiy: OK. The receipts relative to the air...
Commissioner Teele: One moment, ma'am. Just one moment.
Commissioner Sanchez: Mr. Chairman?
Commissioner Teele: Just one moment. Commissioner Winton has the floor.
Commissioner Winton: When I first -- I'm a landlord. I'm a commercial landlord, so I
deal with this stuff all the time, and I can tell you: when, as a commercial landlord, you
do a lousy job, you have to deal with these kinds of things all the time. But there has to
be some real evidence that there's been a lousy job done, too. I mean, it isn't just -- you
know, I want to make sure that your business has really been damaged; that the roof has
been leaking, and water has been coming into your premises and it's hurt your business,
and some way or another we have to make sure that that gets established here. And I'm
not sure how to go about doing that. But if there's damage...
Commissioner Teele: Johnny, I think it's real simple. It's two things here. Number one:
Neither one of these -- I mean, both of these fine people have a position, but there is a
third party here, which is the insurance company. Now, is there a document from the
insurance company that said they're not giving you insurance because of the condition of
the building?
Ms. Najiy: Yes. I provided that to the City.
Commissioner Teele: Can we see that? What's the date of that document?
Commissioner Winton: Right. Yeah, let's look at that.
239 March 29, 2001
Commissioner Teele: I mean, that's a totally -- I mean, you know, that's a totally
objective third party in this.
Ms. Najiy: It's dated October 16, 2000.
Ms. Billberry: She did provide that document to us. We subsequently were trying to
assist her in identifying additional insurance companies that would consider insuring...
Commissioner Teele: That's not the issue. It's not a question of does she need -- the
question is, did the insurance company indicate that they had an objection to the
condition of the building, and, if so, at what point in time?
Commissioner Winton: And what did it say?
Ms. Billberry: Let me look and see if I have a copy of it here.
Commissioner Teele: Do you know when that letter came?
Ms. Najiy: The date is October 16, 2000.
Commissioner Teele: So, we at least know, from October 16, 2000 to now, that there's --
and then the next thing, Johnny, is that the building is leaking now. It, obviously, didn't
just start leaking.
Commissioner Winton: Oh, I agree. So, I'm just trying to establish that...
Commissioner Sanchez: See if you could find a copy of that, please.
Commissioner Regalado: The point is that, if -- I have seen tickets written by inspectors
on commercial or residential...
Commissioner Winton: We have a copy of this right here in our file, by the way.
Commissioner Regalado: -- that if an inspect inspector sees the condition of that
building, he or she would write a ticket. They have done so.
Commissioner Teele: You're talking about NET (Neighborhood Enhancement Team)?
Commissioner Regalado: Yes. So, the City is violating its own rules. It has a double
standard, just like the Orange Bowl. You sent a memo to me saying that, you know, the
Orange Bowl recertification should have been done in the year -- a year ago, and you're
in the process of doing that. Again, don't blame you. But I'm just saying, you know, we
have the full force of the government against this woman and, yet, we don't take care of
our building. I mean -- and we know that insurance company is saying, "Look, you've
got to have a problem with that building" and they take away her insurance.
240 March 29, 2001
Commissioner Winton: Well, we don't know that yet. That's what we're trying to
establish. So, I ...
Carlos Gimenez (City Manager): Commissioner, if I may. The...
Commissioner Regalado: We don't know. That's what the letter says.
Commissioner Winton: Well, I'm reading the letter, and it doesn't say -- I don't see
anything here that says that -- oh, I'm sorry. This action is occasioned by reason of the
condition of property. I'm sorry. My -- I take that...
Commissioner Regalado: Well, I mean...
Commissioner Winton: Right.
Commissioner Teele: But, Johnny -- I mean -- look, look, look. I don't think we ought to
-- look, we -- we know, number one, that this shopping center is something that I walked
you through; I brought -- took two different engineers through it, and I decided within six
months of being elected, I wanted nothing to do with it. It is an abattoir. It is a mess. It
is unfair...
Commissioner Sanchez: Sell it.
Commissioner Teele: It is unfair. I would be willing to bet you that this lady is paying --
how much are you paying in a square -- on a square foot basis of rent, two dollars ($2),
four dollars ($4), six dollars ($6)?
Ms. Najiy: Sir, initially upon signing the lease agreement, it was six dollars and sixty-
four cents ($6.64).
Commissioner Teele: She's paying six dollars ($6) a square foot and the anchor/tenant in
that building is paying less than one dollar a square foot. The anchor/tenant doesn't live
in the community; never lived in the community; is not a part of the community, OK.
And we've got a very horrible fact situation coming up. I've said to everybody -- I
apologize that I didn't recognize you. I've told you, I've told the lady with the nail place;
don't come to me about anything on this building because this is a bad deal. The City is
offering everybody that goes into that building a bad deal. It's a bad deal because any
time one tenant is paying a dollar ($1), now they've got less than a dollar; sixty-five cents
($0.65) was what I calculated -- everybody else has got to -- Lori, do you have a better
number than sixty-five cents ($0.65)?
Ms. Billberry: A dollar twenty-nine.
Commissioner Teele: A dollar -- OK, a dollar twenty-nine cents ($1.29). One tenant is
paying a dollar twenty-nine cent. Did you discount the fact that we're paying for their
241 March 29, 2001
garbage and we're paying for this and we're paying for that for that anchor/tenant?
Ms. Billberry: No. But I would have to do the same adjustments then for everyone else.
Commissioner Teele: Yeah, but...
Commissioner Winton: But, by the way, that is normal in the industry, so that's very,
very normal. Anchor/tenants get space for virtually nothing because that's the whole
concept of the anchor and what's called the local tenants, and that's the local shopkeepers.
They pay the real load in the anchor/tenant concept of...
Commissioner Teele: The problem is that that building -- the anchor/ --
Commissioner Winton: Well, I understand. Right.
Commissioner Teele: -- tenant deal does not support that building. I can't get upset with
the management for trying to protect us in terms of recovering the costs, but the fact of
the matter is, we've never put the money in the building, and I don't know why we don't
just grant the moratorium on what was due, grant an abatement until the building is
brought -- because we're the tenant. I mean, we can't, on one hand, go out and give
people Code Enforcement tickets and on the other hand, we have a different standard. I
want to know why doesn't the City have a fine per day running on this thing?
Mr. Gimenez: Commissioner --
Commissioner Teele: Theoretically.
Mr. Gimenez: -- I understand. We have a (inaudible) meeting on Monday. We're going
to fix the roof and (inaudible) is going to be about -- between two hundred and a
thousand dollars ($1,000) worth of work done.
Commissioner Teele: How much?
Mr. Gimenez: Between two and three hundred thousand...
Commissioner Teele: Hundred thousand.
Mr. Gimenez: That's correct. And after we do that, if you so desire, this Commission
(inaudible) we will be looking for buyers to get out of that business.
Commissioner Teele: Mr. ...
Commissioner Winton: You know, we might -- what we might want to do, we might
want to grant the tenant free rent, period, end of story, and re -analyze this building, figure
out what its worth is today, and put the property on the market and sell it. Just give her
free rent. It's a lot cheaper to give her free rent from this point, on a month-to-month
242 March 29, 2001
basis and sell the damn thing and keep our three hundred thousand dollars ($300,000).
Commissioner Regalado: Yeah. Yeah.
Commissioner Winton: I mean, that's putting three hundred thousand dollars ($300,000)
and we might not get three hundred thousand dollars ($300,000) in the sale.
Commissioner Teele: But, Johnny, you know, can I tell you something? Johnny, can I
tell you something?
Commissioner Regalado: Call the money pit.
Commissioner Winton: Yeah.
Commissioner Teele: In the -- in Overtown, you know -- first of all, we can't unload a
building like that on the public and, second of all, whoever buys this is going to be back
through the next door asking for CDBG (Community Development Block Grant) money,
108 money, and everything else. I mean, it's a red line problem. No bank is going to
loan any money in there. That's -- I mean, I'm dealing with that everyday now. But I
think we ought to analyze and I think we ought to ask the management to come back with
a recommendation before we spend the two hundred thousand dollars ($200,000)...
Commissioner Winton: It was three hundred.
Commissioner Teele: Three hundred thousand dollars ($300,000) on air conditioning,
but I think we ought to grant, to some extent, to Commissioner Regalado's motion or
what he's saying, that we ought to go ahead and grant her, on a month-to-month basis, a
moratorium until -- an abatement until the building is brought up to Code.
Mr. Gimenez: Commissioner, the Public Works (inaudible) that this roof will not make it
through the rainy season. We need to get this thing done.
Commissioner Teele: Well, the issue to me is not that issue. The issue that is before us
is how do we treat this tenant, who, by the bay, is a very responsible employee of the City
of Miami and she's not here in that capacity, but it needs to be said on the record, she's a
uniformed officer in the Police Department. So, not that that means anything for the
purpose of what we're talking about, but it means everything. So, if you'll make the
motion, Commissioner Regalado, I'll...
Commissioner Regalado: I'll make the motion because, I mean, she is suffering because
the mistake that the City has made and that's unfair. And, you know, I...
Commissioner Teele: The motion is to do what?
Commissioner Regalado: The motion the is to abate the rent and the money she owes
until -- forgive the money she owes until the shopping center is fixed or whatever
243 March 29, 2001
happens to the shopping center, and then she starts paying the rent.
Commissioner Teele: The full amount. The motion is to abate approximately five
thousand of arrears rent -- I mean...
Commissioner Regalado: And the rent until the building is fixed.
Commissioner Teele: And to abate further rent collections until the building is brought
up to Code.
Commissioner Winton: On a month -by -month basis, until the building is brought up to --
right?
Commissioner Teele: The insurance company. Huh?
Commissioner Winton: Well, I think that you have to -- you know, I -- we can't control
what the insurance industry is going to do. We can only control what we can do. So, I
think that if you're going to abate it further...
Commissioner Teele: Until the director -- until the Manager and the director feel that the
building is brought up to Code.
Commissioner Winton: Right.
Commissioner Teele: It's their determination.
Commissioner Regalado: Yeah.
Commissioner Teele: Is that acceptable to you?
Commissioner Regalado: I mean, the same standards that we all apply to check on the
Commissioner Teele: Motion to forgive the amount owed and to abate further payment
until the building is brought up to the Code in the opinion of the Manager. Is there
further discussion? All those in favor say "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: All opposed say no.
244 March 29, 2001
The following motion was introduced by Commissioner Regalado, who moved its
adoption:
MOTION NO. 01-302
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO FORGIVE NARY NTERPRYZES, INC. (DBA SUPER
SUDS LAUNDROMAT) BACK RENT OWED IN THE
APPROXIMATE AMOUNT OF $5,000, FOR SPACE AT THE
OVERTOWN SHOPPING CENTER, 1490 N.W. 3 AVENUE, UNIT
#104; FURTHER GRANTING NAJIY NTERPRYZES, INC. A MONTH-
TO-MONTH ABATEMENT OF ANY FUTURE RENT UNTIL THE
CITY MANAGER DETERMINES THAT SAID SPACE AT THE
OVERTOWN SHOPPING CENTER COMPLIES WITH CITY CODE
REGULATIONS.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: And Lori, I think, you know, your job is to protect us and you
should continue to try to protect us.
Commissioner Winton: Correct.
Ms. Najiy: Thank you, Commissioners.
Commissioner Teele: Thank you. And we apologize about the delay.
245 March 29, 2001
Commissioner Teele: OK. The next item is -- is it 15? What's the next one?
Carlos Gimenez (City Manager): Twelve -A.
Commissioner Teele: Twelve -A? What's 12-A?
Mr. Gimenez: Budget appropriations for (inaudible).
Commissioner Teele: Huh?
Mr. Gimenez: Budget (inaudible).
Commissioner Teele: Huh?
Mr. Gimenez: (Inaudible).
Commissioner Sanchez: Transfer the City of Miami protocol function from the Office of
the Mayor to the Office of the City Manager.
Commissioner Winton: Is the event expense neutral to the City?
Linda Haskins (Director, Budget Department): Linda Haskins, Director of Management
and Budget. No, it's not. It's not expense neutral. We're adding eighty thousand dollars
($80,000) to the total budget for salary and benefits of a protocol -- director of protocol.
Commissioner Winton: So, let me...
Commissioner Teele: Let me tell you what my concern is. We asked that a professional
career job be provided. Right now you all are asking for a temporary position, is that
right?
Ms. Haskins: That is correct, sir.
Commissioner Teele: And, so, the eighty thousand is annualized. So, we would be
talking about a pro rata of the analyzed, is that right?
Ms. Haskins: That's correct, sir.
Commissioner Teele: So, it would be a pro rata of the annualized, and the only thing that
I think -- I'll be very honest with you. We need a professional person who does not
answer to the whims of the Commission, the Attorney, the Manager, or the Mayor, but
someone who is there to -- that is competent to write and to do this work. Now, by
246 March 29, 2001
creating a temporary position, we really haven't solved the problem, have we?
Alejandro Vilarello (City Attorney): Commissioner, if I can clarify the -- it's not a
temporary position, but an unclassified position.
Commissioner Teele: No, no, no. I'm not for that.
Commissioner Regalado: No. Excuse me. Excuse me. Excuse me.
Ms. Haskins: What we're doing is...
Commissioner Teele: I'm not for an unclassified.
Ms. Haskins: Let me...
Commissioner Teele: We're right back to where we were. Now we're back to somebody
who...
Mr. Gimenez: If I could explain it. What we could do, we can create an unclassified
position right now and then come back to you with the creation of the classified
position...
Commissioner Regalado: Unclassified position, Mr. Manager, with all due respect, will
be a political appointee.
Ms. Haskins: Well, can I...
Commissioner Teele: I will not support an unclassified -- I'll support a temporary
position or a classified position, but I'm not supporting another exempt position. That's
what's got us in this trouble that we're in now. We need some...
Commissioner Winton: Well, I'm not sure I'm supporting any of this. So, talking about
not supporting, I'm not sure I'm going to support this period.
Commissioner Teele: Well, you supported it before, but there's no reason you should
support it now.
Commissioner Sanchez: Mr. Chairman?
Commissioner Winton: Right. Because...
Commissioner Teele: Commissioner Sanchez.
Commissioner Sanchez: I didn't support it the last time. I voted against it because I
knew that once it would go to his office -- and that's referring to the City Manager's
Office -- there would be a position. Not only did we take a power, which a -- it's not --
it's a royalty, maybe, that the Mayor has to give proclamations and ceremonial...
247 March 29, 2001
Commissioner Teele: No, no, no. We never did that.
Commissioner Sanchez: Well, we took the budget out of his office --
Commissioner Regalado: No, we didn't.
Commissioner Teele: No, we didn't.
Commissioner Sanchez: --for protocol.
Commissioner Regalado: No, we did not. No. We didn't move any money. We moved
the office because the Manager said, at that time, that there wasn't any impact.
Commissioner Sanchez: Wait. Just clarify...
Commissioner Teele: Commissioner Sanchez has the floor.
Commissioner Regalado: OK. I'm sorry.
Commissioner Sanchez: You moved protocol from his office to the City Manager. Well,
you knew that they were going to have to hire somebody else to do that there and --
Commissioner Regalado: No. The Manager said no.
Commissioner Sanchez: -- it would have had a fiscal impact to the City. That was one of
the arguments that I made then.
Commissioner Teele: Look, according to what she just said, is that it creates eighty
thousand new dollars. If it -- is that correct?
Ms. Haskins: That's eighty thousand impact annually.
Commissioner Teele: Of new dollars?
Ms. Haskins: Of new dollars.
Commissioner Teele: So, if you're creating eighty thousand new dollars, you're not
taking anything from the Mayor's Office.
Commissioner Sanchez: How can he create 80...
Ms. Haskins: We are also doing -- but let me -- what we're also doing is moving the
remaining balance of the supplies, expenditures, protocol supplies, to the Manager's
Office. The intent here is, right now, to hire a classified position takes a long time to do a
register and all of that. We can do it on a temporary basis. What we wanted to do for
today is put the authorization...
248 March 29, 2001
Commissioner Regalado: Linda, just a question. Just a question, if I may.
Commissioner Winton: Let her finish, though, so I can...
Commissioner Teele: Commissioners always take precedence.
Commissioner Sanchez: But, if I may, Mr. Chairman?
Commissioner Teele: But she should be afforded the opportunity to...
Commissioner Regalado: No, no. But I have a question, Mr. Chairman.
Commissioner Teele: Commissioner Sanchez has the floor. Ms. Haskins was
responding.
Commissioner Regalado: OK.
Commissioner Teele: Ms. Haskins was responding to a question from him.
Commissioner Sanchez: Please explain to me how we're going to generate eighty
thousand dollars ($80,000).
Ms. Haskins: The salaries and benefits. The salary survey that was done by Human
Resources had a salary of somewhere between forty-nine and sixty-nine thousand dollars
($69,000), plus the 40 percent benefit rate.
Commissioner Sanchez: But we took protocol from the Mayor's Office over to the City
Manager's Office. We left the budget as -is. The employees as it is over at the Mayor's
Office, and now, to handle that department, you're going to have to hire someone, and
that person better be someone who could write; who writes well; communicates well, in
preparing the documents necessary to fulfill the responsibility.
Ms. Haskins: In fact, there is a person tar -- there is a person...
Commissioner Teele: Commissioner Sanchez, would you yield on that point?
Commissioner Sanchez: Yes.
Commissioner Teele: Who was -- you see, it's fine to talk about money, but who was
occupying the position that you're talking about now --
Commissioner Regalado: No one.
Commissioner Teele: -- in the Mayor's Office?
Commissioner Sanchez: Somebody must have had it.
249 March 29, 2001
Commissioner Teele: No, no.
Ms. Haskins: That position has been eliminated.
Commissioner Teele: The position what?
Ms. Haskins: That position had been reclassified to something else and there was no
longer a protocol position.
Commissioner Teele: Well, I think the motion to defer this is in order because I'm going
to tell you right up front. I am not going to support creating an exempt position when, in
fact, we know what the issue is. What we need is a professional person who does not
serve at the whim of the Manager, the Attorney, the Commission, or the Mayor. We need
a person who is a career in every sense of the word -- let me tell you the concern that I
have. When there is a notion that we're going to take an exempt position, advertise it,
and that exempt person is going to roll into that job, which is the way this is being
explained, in my mind, and maybe that's not the intent, it violates everything about the
whole Civil Service process. We need to take our time, I believe, and create a career
position, advertise it, and that person, whoever is selected by the Manager, is -- and
wherever the Manager hosts that person because I believe this person should be wherever
the mechanisms are of creating the protocol documents. This is not a protocol function.
We're taking about a protocol technical person, the Vivian Manduca (phonetic), if you
will, of the County; the person who you will never see, who does all of the protocol, with
four other people under her -- three or four -- three or four other people under her. And,
Commissioner Sanchez, I'm going to be very honest with you. There is very little that we
do for the taxpayers who don't create problems, who don't hustle money, who are not
seeking grants, other than to honor them when they are 90 years old or when they've had
a 45 -year anniversary or whatever, and I think this is a very important function --
Commissioner Sanchez: I don't question that.
Commissioner Teele: -- that we need to make sure it's done professionally.
Commissioner Sanchez: Well, I agree with you, but I do not question the protocol. What
I question here is that you have taken one project from one department to another, which
you will have to create a salary for, and I still don't know where you're going to get the
savings of eighty thousand dollars ($80,000). Explain it to me.
Commissioner Regalado: Would you yield? No, no. But, Joe...
Commissioner Teele: It's in the budget.
Commissioner Sanchez: I don't get it.
Commissioner Teele: You're taking it out of the general fund. The same place you want
250 March 29, 2001
to take ten thousand dollars ($10,000) and I'm going to support...
Commissioner Sanchez: It's fuzzy math.
Commissioner Regalado: Mr. Chairman, if I may.
Commissioner Teele: Linda, what is the current reserve -- operating reserves that we
have for this fiscal year?
Ms. Haskins: The operating reserves, the surplus versus the budget for this fiscal year?
Commissioner Teele: No, no, not the surplus, but the budget operating reserves that we
have for this fiscal year.
Ms. Haskins: What we budgeted in operating reserves over and -- excluding those that
we say we'll set aside, we have to set aside for parking surcharge, working capital
commitments, and that was only three hundred and sixty-three thousand dollars
($363,000) in the budget.
Commissioner Teele: So, that's where the money comes from. It comes from the three
hundred and sixty-three thousand dollars ($363,000); is that correct?
Ms. Haskins: Yes. We -- that's exactly where we're...
Commissioner Teele: That's where it comes from.
Commissioner Regalado: But, excuse me. Can I say something just...
Commissioner Teele: Commissioner Sanchez -- Commissioner Regalado, Commissioner
Winton, and a motion to defer.
Ms. Haskins: What...
Commissioner Regalado: I think -- I mean, maybe I'm forgetting things. The way that
this was presented here is that the Mayor's Office, his protocol office or whatever you
want to call it, was not responding to the City Commission. We gave him time in order
to see if they fixed all the problems that they may have. The intent was to change the
protocol office from the Mayor's Office to the City Manager's Office, but take the money
that the Mayor had in his budget for the protocol office to the City Manager's.
Commissioner Sanchez: See, they didn't do that, Tomas.
Commissioner Regalado: I know that they didn't do that. So, what you guys are doing
now is, you want to leave money in the Mayor's Office and create a new position. So,
you just said the position was eliminated. The Manager said that when we discussed that,
that there wasn't any need for any budget...
Commissioner Teele: Gentlemen, we're not going to -- why don't we defer this item.
251 March 29, 2001
Everybody sit down one on one with the Manager...
Commissioner Regalado: But Arthur, Arthur, the thing here is that -- I mean...
Commissioner Teele: You want to approve it?
Commissioner Regalado: I don't want to approve it.
Commissioner Teele: You want to disapprove it.
Commissioner Regalado: I want to disapprove it.
Commissioner Teele: Well, why don't we just defer it and not disapprove it, and then
let's work through the process.
Commissioner Regalado: The problem is -- what I'm saying here in the record, twice, is
that the intent of this was for the Manager to take money out of the Mayor's budget and
do what the protocol office does.
Commissioner Teele: OK.
Mr. Gimenez: Commissioner, if I may. The fact of the matter is, that I don't have a
person to do what you're asking me to do. I need additional staff person in order to do
that. The only way...
Commissioner Regalado: Mr. Manager, do you remember what you said ...
Mr. Gimenez: I said that -- I believe I said I needed additional people. I don't have
people to do what you're asking me to do.
Commissioner Regalado: No, no. Mr. Manager, you said we don't need any additional
funds. We can do that in-house.
Mr. Gimenez: I made a mistake if I don't -- you know -- maybe you have it on the record,
but...
Commissioner Regalado: No, no, no. It's ...
Mr. Gimenez: (Inaudible).
Commissioner Regalado: Early -- it's an early case of Alzheimer, you know.
Commissioner Teele: But, gentlemen, it's 7:45. The Clerk is instructed to go back, pull
the transcript of all of the discussions on this --
Commissioner Regalado: I think you should. I think you should.
252 March 29, 2001
Commissioner Teele: -- and we're not going to decide this tonight. We certainly aren't
going to approve it tonight. Is there any reason why we cannot defer this item?
Commissioner Winton: Move it.
Commissioner Teele: Moved to defer by Commissioner Winton.
Commissioner Regalado: Second.
Commissioner Teele: Is there a second -- by Commissioner Regalado. Discussion on the
deferral.
Commissioner Sanchez: Discussion. On the deferral. My concern is that if we don't
have an office that will handle protocol, it throws protocol in limbo, from the Mayor's
Office to the Manager's Office, and that would create a problem.
Commissioner Regalado: Who did the proclamations for you today?
Commissioner Sanchez: Well, I didn't get one today. That's the concern that I have. But
the Mayor's Office did it. They did the proclamations.
Commissioner Regalado: And you had like 10.
Commissioner Sanchez: I did. And it was all done. So, listen, you know, once again --
just for the record, I didn't support it when it was first presented. I think that we're
making a mistake by; first of all, taking the protocol office out of the Mayor's Office and
turning it over to you because I made the argument that there would have to be financial
impact to the City. Here we have it. Perfect example is that we're going to have to take
money to hire someone to specifically -- which I don't have a problem. We could find a
qualified person that could run it.
Commissioner Teele: A career.
Commissioner Sanchez: A career person. And there were problems and there are still
problems in the Mayor's Office, but I do not support -- and I continue to say and I'll vote
against this, and I'm willing to make the motion, which will probably be one/three to
deny this and have the protocol office stay with the Mayor's Office.
Commissioner Regalado: Yeah, but my question is...
Commissioner Teele: On the motion to defer.
Commissioner Regalado: Yes. My...
Commissioner Teele: On the motion to defer?
253 March 29, 2001
Commissioner Regalado: On the motion to defer. And I'm -- I second this motion to
defer.
Commissioner Teele: And Commissioner Winton has asked for the floor three times
now, and we just went right over him.
Commissioner Regalado: My question is, one simple question.
Commissioner Teele: Would you yield to Commissioner Winton, please?
Commissioner Regalado: Sure. Sure. Go ahead, Johnny.
Commissioner Winton: Forget it. I'm finished. Just a vote.
Commissioner Teele: Commissioner Regalado.
Commissioner Regalado: My question is, what is the problem in moving funds from the
Mayor's budget to the Manager's Office to do what exactly the Mayor's Office is doing
now?
Commissioner Winton: That will only happen if we direct it to happen. That's the end of
the story. So, we have to...
Commissioner Regalado: Hey.
Commissioner Winton: We have to create the directive to make that happen. So -- and I
don't think we created that directive last time.
Commissioner Regalado: Yes, we did.
Commissioner Winton: No, I don't think we created a directive to transfer the money.
Commissioner Teele: Well, that's why I think it's important that the Clerk be instructed
to pull the record.
Commissioner Regalado: Pull the records.
Commissioner Teele: I want to respond to just one issue that Commissioner Sanchez has
said because he makes a very intelligent point. The difference between what
Commissioner Sanchez is saying -- the office of the Mayor, as far as I am concerned, by -
- without regard to who the occupant is -- has the principal responsibility as the senior
tickler head of this City. No one has proposed that his name be taken from
proclamations; no one has proposed that any substantive or procedural process that
involves the Mayor be changed. What I was proposing when I came forward was that the
mechanics, wordsmith, the person who is the scribe, if you will, not to demean the job --
because let me tell you what. This is a time-consuming process. You need a professional
254 March 29, 2001
who is not being hit with going to do this, going to meet with this staff. You need a full-
time professional. This City is the largest City in the state. The proclamations that come
from the city of Opa Locka, Mr. Clerk -- and I asked you to go out and get 50 copies of
proclamations from Opa Locka -- are the best proclamations -- were the best
proclamations, at least going back when Bob Ingram was mayor -- that I've ever read in
this entire Dade County, including Dade County and the other cities, because it was my
job to be responsible for every proclamation for six years in the County.
Commissioner Winton: Maybe that person should take over running the City up there.
Commissioner Teele: Well, the person that was writing them, unfortunately, was the
Mayor himself, Bob Ingram, who is a Ph.D. and a scholar, who's now at the school board.
But the fact of the matter is, it's not fair -- and I don't think the Mayor's staff would object
-- it is not fair to put on the Mayor's staff the responsibility of writing these
proclamations. As far as I'm concerned, this person ought to be a Ph.D. type in English;
who has a clear background in words; the person probably ought to be working at GSA
(General Services Administration); the person -- Mr. Manager, did you hear what I said?
The person probably should be working at GSA, where the other mechanisms for
producing proclamations, you know, the -- what do you call that writer? The
calligrapher, which they have at the County, by the way, a part-time calligrapher who
writes, you know, certain things, should be there. The protocol function of the City of
Miami inherently, in my mind, rests in the office of the Mayor, and what is needed -- be
very honest -- is a resolution, Mr. Attorney that establishes a protocol hierarchy
consistent with our Charter. Because where the issue comes up is what some staffer in
the Mayor's office is going to insult one of my colleagues by reading a proclamation and
not even having the courtesy, like any other person would do, to defer to a Commissioner
to allow them do that. That's where the issue that you're getting to, Commissioner
Sanchez, and that's on us. We just have not written a protocol. A protocol compact
guideline or a protocol that addresses a lot of these issues, and, Mr. Attorney, I think you
ought to start looking at how we can do that. But on the motion to defer, I support it,
because I don't want to kill it because Commissioner Regalado is right. By moving this
office, we can create a limbo if we disapprove this because then we have nothing. So, I
think the prudent course of action is to pass the resolution by Commissioner Winton, to
defer the item, and then everybody sit down with the Manager and those of you that have
a dialogue, sit down with the Mayor and let's see if we can have this as a smooth item
when it comes back on the next agenda item.
Mr. Gimenez: Commissioner, if I may? This ordinance, as written, will do what you all
want it. It does transfer the funds for protocol office to...
Ms. Haskins: From the office of the Mayor to the Manager's office.
Mr. Gimenez: To the Manager's office.
Commissioner Teele: Did you say transfer funds?
Mr. Gimenez: It transfers funds that were allocated from the -- to the Mayor's Office in
255 March 29, 2001
protocol to the Manager's Office. It also creates a -- or at least appropriates the funding
to hire an individual that can be, at this point, classified...
Ms. Haskins: What we want to do here is -- there is a person who has been identified by
the Human Resources Department. There is a person identified by the Human Resources
Department...
Commissioner Teele: On the motion to defer. All those in favor signify by the sign of
"aye."
The Commission (Collectively): "Aye."
Commissioner Teele: All those oppose have a new right.
The following motion was introduced by Commissioner Winton, who moved its
adoption:
MOTION NO. 01-303
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12-A
(PROPOSED EMERGENCY ORDINANCE RELATING TO
TRANSFER OF PROTOCOL FUNCTION FROM THE OFFICE OF
MAYOR TO OFFICE OF CITY MANAGER).
Direction to the City Manager: by Commissioner Teele to hire a career
protocol professional, preferably with a Ph.D. in English, skilled
calligrapher, to work in GSA Department; further directing the City
Attorney to review said issue with a view toward drafting legislation
establishing a protocol policy (i.e., protocol guidelines)
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
256 March 29, 2001
Commissioner Teele: All right. Let's move on to the next item. Next case. What's the
next one, Mr. Clerk?
Walter Foeman (City Clerk): Item 15.
Commissioner Teele: Item 15. This is an emergency item. Ratifying, approve the
emergency procurement of medical waste services. Is there a motion?
Commissioner Sanchez: So moved.
Commissioner Teele: Moved by Commissioner Sanchez. Seconded by Commissioner
Winton. Is there objection? Is there objection? Mr. Clerk, call the roll.
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-304
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 TIS) AFFIRMATIVE VOTE RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZING THE ACQUISITION OF MEDICAL WASTE
REMOVAL SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE
FROM BIO -MEDICAL WASTE SERVICES, INC., UNDER EXISTING
MIAMI-DADE COUNTY CONTRACT NO. IB5797-1/00-2-CW,
EFFECTIVE THROUGH NOVEMBER 30, 2001, AND SUBJECT TO
ANY EXTENSIONS THERETO, IN AN ANNUAL AMOUNT NOT TO
EXCEED $10,000; ALLOCATING FUNDS FROM ACCOUNT CODE
NO. 001000.280601.6.340
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
257 March 29, 2001
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
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
258 March 29, 2001
Commissioner Teele: What's the next item?
Walter Foeman (City Clerk): Item 16.
Commissioner Teele: Sixteen.
Commissioner Sanchez: Four-fifths.
Commissioner Teele: Four-fifths vote.
Commissioner Winton: So moved.
Commissioner Teele: Moved by Commissioner Winton. Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: By Commissioner Regalado. Is there objection? Is there
discussion? All those in favor signify by the sign of "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: Those opposed? Let the record reflect four positive votes.
259 March 29, 2001
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 01-305
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
AUTHORIZING THE INCREASE IN THE CONSTRUCTION
CONTRACT WITH HOMESTEAD CONCRETE & DRAINAGE, INC.
FOR THE PROJECT ENTITLED "MUNICIPAL SHOPS RELOCATION
OF UTILITIES (SECOND BIDDING) B-5645," IN AN AMOUNT NOT
TO EXCEED $8,752.75, FROM $83,090 TO $91,842.75 FOR
CONTRACT COSTS; ALLOCATING FUNDS FROM PROJECT NO.
311842, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS
AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS
AMENDED.
(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
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Sanchez: That's it. We're done.
260 March 29, 2001
Commissioner Teele: All right. Right-of-way Condition Survey. Is that a discussion
item? Has that been done? Let's defer it. It's almost eight o'clock.
261 March 29, 2001
Commissioner Sanchez: Pocket items.
Commissioner Teele: Is there anything else that must come before us tonight? Mr.
Chief, do you have an item? Pocket items? All right. Pocket items. Commissioner
Winton.
Commissioner Winton: Commissioner Teele, I think that agenda item 3, on the -- is it
two? Two. Agenda item 2, we were going to make a decision at the end of the evening
whether we're deferring or not deferring, and the decision is to defer?
Commissioner Teele: Motion by Commissioner Winton to defer. Is there a second?
Alejandro Vilarello (City Attorney): To the next City Commission meeting.
Commissioner Teele: To the next City Commission meeting.
Commissioner Regalado: Second.
Commissioner Teele: Is there objection? All those in favor say "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: Those opposed have the same right.
262 March 29, 2001
The following motion was introduced by Commissioner Winton, who moved its
adoption:
MOTION NO. 01-306
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 2
(PROPOSED AMENDMENT TO LEASE AGREEMENT WITH
GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE,
LLC FOR LAND AT DINNER KEY AREA) TO THE NEXT
COMMISSION MEETING PRESENTLY SCHEDULED FOR APRIL
26, 2001.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: Mr. Manager, you gave us a written response on the companion
item, which is the environmental permit. Thank you very much. It's well done. Well
stated. And do you need authority to move forward on an emergency basis?
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: Is there a motion --
Commissioner Sanchez: So moved.
Commissioner Teele: -- granting the City Manager the authority to move forward, on an
emergency basis, to meet the requirements of the permits that have been pulled, as
outlined in this memo today, so that there will be no further delays? Moved by
Commissioner Sanchez.
Commissioner Winton: Second.
Commissioner Teele: Seconded by Commissioner Winton. And I think it's very
important, Mr. Attorney, that you help us keep the record -- that we are doing everything
that we can to prevent delays and to move this process forward.
Mr. Vilarello: Yes. And for the record, notwithstanding this resolution, the City
263 March 29, 2001
Manager will come back with a -- for a ratification of the action he takes.
Commissioner Teele: Right. Mr. Attorney, call -- Mr. Clerk, call the roll.
The following motion was introduced by Commissioner Sanchez, who moved its
adoption:
MOTION NO. 01-307
A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED
ON EMERGENCY BASIS TO MEET REQUIREMENTS OF
ENVIRONMENTAL PERMITS PULLED IN CONNECTION WITH
DINNER KEY BOAT YARD MARINA DOCKS PROJECT AS MORE
FULLY OUTLINED IN THE MEMORANDA FROM CARLOS
GIMENEZ, CITY MANAGER, ENTERED INTO THE PUBLIC
RECORD ON THIS SAME DATE.
Direction to the City Attorney: by Commissioner Teele to keep a record
to show that the City is doing everything it can to prevent delays and move
this process forward.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
264 March 29, 2001
Commissioner Sanchez: Pocket items.
Commissioner Teele: Pocket items. Did you have another item?
Raul Martinez (Chief of Police): No, Commissioner. We asked you to bring a pocket
item for us and Commissioner Winton another pocket -- I'm sorry, Commissioner
Sanchez another pocket item.
Commissioner Sanchez: Yes. I have your pocket item. I'll bring it up.
Commissioner Teele: Commissioner Winton, pocket item?
Commissioner Winton: I have none.
Commissioner Teele: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, I have two pocket items. One on April the 4th
through the 6th, the City of Miami will be hosting the inaugural 2001 Miami
Development Summit. That summit will showcase development, redevelopment and
investment opportunities of the City of Miami to an audience of developers, service
providers, investors and end users. Private sector individuals have financially contributed
to the success of the event, yet, additional funds are needed to complete the arrangements
for and meet the commitments of the event. Therefore, I respectfully request that the
allocation of thirty thousand dollars ($30,000) for the Miami Development Summit. In
addition, I respectfully request, accepting a grant in the amount of twenty thousand
dollars ($20,000) from the Tourist Development Council. So moved.
Commissioner Teele: Moved by Commissioner Sanchez. Seconded by Commissioner
Regalado.
Commissioner Sanchez: Discussion.
Commissioner Teele: Is there objection? All those in favor signify by the sign of "aye."
The Commission (Collectively): "Aye."
Commissioner Teele: Those opposed have the same right.
265 March 29, 2001
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 01-308
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A GRANT AWARD IN THE AMOUNT OF $20,000 FROM THE
TOURISM DEVELOPMENT COUNCIL AND AUTHORIZING THE
IMMEDIATE ADVANCE OF SAID GRANT AWARD TO THE MIAMI
DEVELOPMENT SUMMIT, INC., WHICH ORGANIZATION IS
RESPONSIBLE FOR FUNDRAISING FOR, AND THE PRODUCTION
OF, THE MIAMI DEVELOPMENT SUMMIT SCHEDULED FOR
APRIL 4-6, 2001; ALLOCATING ADDITIONAL FUNDS, IN THE
AMOUNT OF $30,000, FOR A TOTAL AMOUNT NOT TO EXCEED
$50,000, FROM ACCOUNT NO. 001000.921002.6.930, ENTITLED
"AID TO PRIVATE ORGANIZATIONS," TO BE APPLIED TOWARD
THE EXPENSES OF THE SUMMIT; AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
266 March 29, 2001
Commissioner Sanchez: Thank you, Mr. Chairman. Also, I have one, which is
respectfully asking that the City adopt and attach an emergency ordinance which
establish initial resource and initial appropriation for special revenue fund entitled:
"Byrne Formula Grant Program." This is accepting a grant in the amount of two hundred
and fifty thousand dollars ($250,000) from the Florida Department of Law Enforcement
for Operation River Walk. So moved.
Commissioner Teele: Moved by Commissioner Sanchez. Seconded by Commissioner
Winton?
Commissioner Winton: Yes.
Commissioner Teele: Is there objection? All those in favor say "aye."
Walter Foeman (City Clerk): It's an ordinance.
Commissioner Sanchez: Yes.
Commissioner Teele: Mr. Clerk, call the roll.
Commissioner Sanchez: Also, Mr. City Clerk, -- Mr. City Attorney, could you read the
resolution for the ...
Mr. Foeman: Excuse me. Continuing roll call.
267 March 29, 2001
An Ordinance entitled
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING AN INITIAL RESOURCES AND
APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED:
"BYRNE FORMULA GRANT PROGRAM FUND" AND
AUTHORIZING EXPENDITURES FOR THE OPERATION OF SAME
IN THE AMOUNT OF $250,000, CONSISTING OF A GRANT FROM
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AND TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez and seconded by Commissioner Winton, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Whereupon, the Commission, on motion of Commissioner Sanchez and seconded by
Commissioner Winton, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12037
The ordinance was read, by title, into the public record by the City Attorney.
268 March 29, 2001
Commissioner Teele: Commissioner Sanchez.
Commissioner Sanchez: Mr. City Attorney, could you read the resolution for the
Summit, please, for the record? You didn't read that. We just voted on my language.
Alejandro Vilarello (City Attorney): Yes. It's a resolution of the Miami City
Commission concerning the Miami Development Summit scheduled for April 4-6, 2001;
accepting a grant in a of twenty thousand dollars ($20,000) from the Tourism
Development Council and advancing the sum to the Miami Development Summit, Inc., a
not-for-profit 501C-3 corporation. That is assisting with the fund raising and production
of said event, as it designated recipient; further approving additional funds in the amount
of thirty thousand dollars ($30,000) as contributed to said organization for said event.
Allocating funds therefore in the total amount of fifty thousand dollars ($50,000) from
non departmental account number with last four digits 6.930-A to private organizations;
authorizing the City Manager to execute any and all necessary documents in a form
acceptable to the City Attorney for this purpose.
Commissioner Teele: All right. Mr. Clerk, call the -- is there a motion and a second?
Commissioner Sanchez: We already voted on it. I just -- Mr. Chairman, we already
voted on it. I just wanted the resolution on the record.
Commissioner Teele: OK.
Commissioner Teele: We voted already.
Commissioner Sanchez: Yeah.
269 March 29, 2001
Commissioner Teele: All right. Next item. Any pocket items? All right, Commissioner
Regalado. I tell you what, I'm going to yield to Commissioner Sanchez and I'd like
permission, sir, to read pocket item.
Commissioner Sanchez: You have the floor, sir.
Commissioner Teele: Thank you. Mr. Chairman, this is a resolution presented on behalf
of the Clerk's Office, establishing a grant from the Florida Local History Records Grant
Program and especially -- establishing a special revenue fund in the amount of eight
thousand dollars ($8,000) and instructions for the City Manager to bring forth the
appropriate ordinances. So moved.
Commissioner Regalado: Second.
Commissioner Teele: Mr. Clerk, did you want to ...
Walter Foeman (City Clerk): Yeah. We're asking you to accept the grant and establish a
special revenue fund.
Commissioner Teele: All right.
Mr. Foeman: So, we're asking the Manager to execute the documents in connection with
that.
Commissioner Teele: Execute the documents and any other legislation that may be
required.
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: Mr. Chairman, would you call the roll?
Mr. Foeman: It's an ordinance.
Commissioner Sanchez: Call the roll.
Commissioner Teele: Is it an ordinance?
Mr. Foeman: Yes.
Commissioner Teele: I'm sorry.
270 March 29, 2001
Commissioner Sanchez: Mr. Clerk, call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"MIAMI'S PHOTOGRAPHIC COLLECTION PROJECT: 1940
THROUGH 1980" AND APPROPRIATING FUNDS IN THE AMOUNT
OF $8,000; CONSISTING OF A GRANT ADMINISTERED BY THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND
INFORMATION SERVICES; AUTHORIZING THE CITY MANAGER
TO ACCEPT SAID GRANT AND TO EXECUTE ANY NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Teele, 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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read, by title, into the public record by the City Attorney.
271 March 29, 2001
Commissioner Teele: All right, Mr. Chairman,
Commissioner Sanchez: Yes, sir.
Commissioner Teele: I would move that the Law Enforcement Trust Fund contribution,
not to exceed an amount of ten thousand dollars ($10,000) to the National Black Police
Association, Southern Region Conference, to be held Wednesday, April 18 through
Sunday, April 22°a at the Wyndham Hotel. The matter has been referred and executed by
the Chief of Police and the Manager as being an appropriate expenditure of funds.
Commissioner Sanchez: Is there a motion?
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Sanchez: Is there a second? Is there a second?
Commissioner Regalado: Second.
Commissioner Sanchez: Second. Open for discussion. Hearing none, it's a resolution.
All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Commissioner Sanchez: Anyone against, say no. Passes unanimously.
272 March 29, 2001
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 01-309
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDING IN THE AMOUNT OF $10,000 FOR THE
SPONSORSHIP OF THE NATIONAL BLACK POLICE
ASSOCIATION ("NBPA") SOUTHERN REGION ANNUAL
EDUCATION & TRAINING CONFERENCE; AND ALLOCATING
FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NO. 690001, SUCH EXPENDITURE HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE PROVISIONS
OF FLORIDA STATE STATUTES, CHAPTER 932.7055, AS
AMENDED.
(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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
273 March 29, 2001
Commissioner Teele: All right. Mr. Chairman, with your permission, there is a
resolution to -- and I want to read this. A resolution of the City Commission authorizing
the City Manager through the office of Asset Management to provide technical assistance
to the CRA (Community Redevelopment Agency), Southeast Overtown Park West
Development Agency and the Omni Redevelopment Agency in connection with
Community Development Agency Board's approval of disposition of specific real estate
and personal property. I would so move. This simply says that any real estate that is
disposed of by the CRA at the request -- approved by the CRA board will be done not by
the CRA in terms of the processing, but it would be processed by the City Asset
Management office. And the CRA would reimburse them for their costs.
Commissioner Sanchez: Is there a motion?
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Winton: Second.
Commissioner Sanchez: So moved by Commissioner Teele, seconded by Johnny
Winton. Open for discussion. Hearing none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Commissioner Sanchez: Anyone opposed having the same right. Hearing none, passes
unanimously.
274 March 29, 2001
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 01-310
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER, THROUGH THE OFFICE OF
ASSET MANAGEMENT, TO PROVIDE ADMINISTRATIVE AND
TECHNICAL ASSISTANCE TO THE CITY OF MIAMI SOUTHEAST
OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT
AGENCY (THE "SEOPW CRA") AND THE OMNI COMMUNITY
REDEVELOPMENT AGENCY (THE "OMNI CRA") FOR THE
DISPOSITION OF APPROVED CRA -OWNED REAL AND
PERSONAL PROPERTY, AND LEASEHOLD INTERESTS, IN
ACCORDANCE WITH CRA GUIDELINES AND PROCEDURES,
AND CONTINGENT UPON REIMBURSEMENT BY BOTH CRAS TO
THE CITY OF MIAMI FOR ALL COSTS AND EXPENSES
INCURRED FOR SUCH ASSISTANCE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
275 March 29, 2001
Commissioner Teele: Mr. Chairman, this is a motion -- and this is a motion -- there are
two other items -- a motion instructing the Manager to work with the district
Commissioner and the neighborhood in establishing the opening and program of the
Buena Vista Park within 60 days of this motion. And I would so move. That is the
Buena Vista Park that has been redone and all of that and we just need to get authority
with the community. You know, we've had several snafus and we need to go ahead and
get somebody in charge.
Commissioner Sanchez: Is there a motion?
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Sanchez: So moved by Commissioner Teele. Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Seconded by Commissioner Winton. Open for discussion.
Hearing none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Commissioner Sanchez: Anyone oppose, having the same right. Say no. Passes
unanimously.
276 March 29, 2001
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 01-311
A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH
DISTRICT COMMISSIONER (ARTHUR TEELE) AND THE
NEIGHBORHOOD IN ESTABLISHING THE GRAND OPENING
CEREMONY AND DEDICATION PROGRAM FOR THE BUENA
VISTA PARK WITHIN 60 DAYS OF THIS MOTION.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
277 March 29, 2001
Commissioner Teele: Mr. Chairman, the final item is very, very confusing in some ways,
but it's designed to bring order out of chaos. In March of 1998 and then again in April,
the Commission approved a process that set aside two hundred and twenty-five thousand
dollars ($225,000) for Little Haiti for a job creation project. Those funds have been
accruing with a goal of trying to get a close of seven hundred and fifty thousand dollars
($750,000). We're there now. At the time the project was created, the Office of
Economic Development was designated as lead. That was when Erdal Donmez -- no. It
was originally Community Development, then it was transferred to Economic
Development, and then there was some discussion that Planning should cooperate in this.
This resolution does not provide any new money, but it instructs the Manager to do four
things: First and foremost, it instructs the Manager to develop a plan for the expenditure
of these funds to be presented and approved by the Commission at the next Commission
meeting; secondly, it instructs the Manager to develop an advisory committee to evaluate
proposals regarding this; third and fourth, it authorizes the Manager to hire from among
the City miscellaneous projects, an engineer that is satisfactory to the Manager, and,
finally, it establishes that the program will go forward within an expeditious period
within the next 90 days. A resolution of the City Commission designating the
Department of Community Development to administer the special Economic
Development initiative to provide grants to the business in Edison/Little River, Little
Haiti Revitalization for the purpose of resolving Code Enforcement issues with
Community Block Grant funds, set aside for Little Haiti Job Creation; authorizing the
City Manager to engage in engineering firm to provide technical assistance to create a
proposals for the City Commission approval; directing that the Manager will provide
thirty days of this resolution, a public notice and a request for proposals under this to
receive grants consistent with the Commission discussion of March 1998, to qualify for
to job creation based upon the 15,000 per new jobs created an further directing the
Manager to establish a Comprehensive Plan that carries out and implement the
Commission's intent as establishing deliberations on March 10`t', and in April of 1998 and
at this next Commission meeting to present a Comprehensive Plan for approval. I would
so move, Mr. Chairman.
Commissioner Regalado: Second.
Commissioner Sanchez: There's a motion and a second. Open for discussion. I just have
a question. The money -- the two hundred and fifty thousand dollars ($250,000) have
earned interest enough to have what, 750?
Commissioner Teele: No. Each year, since '98, we have been setting aside two hundred
and twenty-five thousand dollars ($225,000). If you include the amount that will be set
278 March 29, 2001
aside this October, it should be about seven hundred and fifty thousand dollars
($750,000). That's where the money comes from. This goes back to '98 and we're going
to make sure that everybody has the Commission deliberation and discussion, which is a
document about that thick, as relates to this -- set up of this program. The funds are
there.
Commissioner Sanchez: Does the administration support it?
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Sanchez: OK. There is a motion and a second. Still open for discussion.
Hearing none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Commissioner Sanchez: Anyone opposed, say no. Passes unanimously.
279 March 29, 2001
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 01-312
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER, WITH THE ASSISTANCE OF THE
DEPARTMENT OF COMMUNITY DEVELOPMENT, TO: (1)
ADMINISTER A SPECIAL ECONOMIC DEVELOPMENT
INITIATIVE TO PROVIDE GRANTS TO BUSINESSES IN THE
EDISON LITTLE RIVER/LITTLE HAITI COMMUNITY
REVITALIZATION DISTRICT FOR THE PURPOSE OF RESOLVING
CODE ENFORCEMENT ISSUES WITH COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS SET ASIDE FOR THE
LITTLE HAITI JOB CREATION PROJECT, (2) ENGAGE AN
ENGINEERING FIRM, SELECTED FROM THE MIAMI-DADE
COUNTY OR CITY OF MIAMI APPROVED LIST OF FIRMS, TO
PROVIDE TECHNICAL ASSISTANCE TO CREATE A PROPOSAL
FOR CITY COMMISSION APPROVAL, (3) PROVIDE, WITHIN 30
DAYS OF THIS RESOLUTION, A PUBLIC NOTICE AND REQUEST
FOR PROPOSAL ("RFP")/GRANT REQUEST FOR BUSINESSES IN
LITTLE HAITI TO RECEIVE GRANTS CONSISTENT WITH THE
MARCH 1998 COMMISSION INTENT FOR PROJECTS TO QUALIFY
FOR "JOB CREATION/EXPANSION GRANTS" BASED UPON
$15,000 PER NEW JOB CREATED, (4) RECOMMEND SEVEN
INDIVIDUALS WHO RESIDE WITHIN THE LITTLE HAITI AREA
OR WHO OWN AND OPERATE BUSINESSES IN THE LITTLE
HAITI COMMUNITY TO SERVE ON AN "ADVISORY BOARD,"
AND (5) PRESENT FOR CITY COMMISSION REVIEW ON APRIL
26, 2001, A COMPREHENSIVE PLAN TO IMPLEMENT THE CITY
COMMISSION'S INTENT AS ESTABLISHED IN DELIBERATIONS
AT THE MARCH 10 AND APRIL 14, 1998 CITY COMMISSION
MEETINGS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
280 March 29, 2001
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
281 March 29, 2001
Commissioner Teele: Mr. Chairman, the final thing is a resolution of the City endorsing
legislation that would provide certain municipalities to enact provisions establishing a
Parking Facility Surcharge to use for the public infrastructure improvements and
supporting in enabling conditions before any municipality and add such provisions. This
is the so-called Florida Marlins legislation that puts us clearly on record as a Commission
and adopting and supporting the surcharge as proposed. I -- why didn't we do this at the -
- did we ever do this at the Marlin -- when we had the Marlin discussion, did we ever
specially go on report, as a Commission, as supporting the surcharge?
Alejandro Vilarello (City Attorney): The surcharge is one of the conditions prior to the...
Commissioner Teele: But did we provide a legislative...
Commissioner Sanchez: No.
Commissioner Regalado: No, we did not.
Mr. Vilarello: A clean and simple resolution to that effect was not adopted by the City
Commission.
Commissioner Sanchez: OK.
Commissioner Teele: I would so move, Mr. Chairman.
Commissioner Winton: Would you read that again to me, please?
Commissioner Teele: I don't know. The attorney wrote it. I had nothing to do with -- at
my request. I mean, I think we ought to make sure that a copy of this resolution is given
to each person who is collecting the surcharge, as well as the Dade Delegation, because
I'm going to tell you something. I'm very annoyed with some of the actions that are
going on by the people that are collecting surcharges. I'm very annoyed with that. I don't
think it's collegial and I think that the parking industry to start talking about they're going
to oppose our legislation is a direct affront. And this is designed to be a shot across their
bowl that they better be very careful in whatever they're doing now because they're going
against and official policy of this city.
Commissioner Winton: OK. Would you read that, please?
Commissioner Sanchez: Mr. City...
282 March 29, 2001
Mr. Vilarello: A resolution of the Miami City...
Commissioner Sanchez: Read the resolution.
Mr. Vilarello: A resolution of the my City Commission endorsing legislation that would
allow for certain municipalities to enact provisions; establishing a parking facilities
surcharge for use for Public Facilities and infrastructure improvements and supporting
any enabling conditions before the municipality enacts such provision.
Commissioner Winton: And infrastructure improvements?
Mr. Vilarello: And infrastructure improvements.
Commissioner Sanchez: OK. There is a motion and you seconded it. It's open for
discussion.
Commissioner Regalado: And -- can I say...
Commissioner Sanchez: Mr. Regalado, you have the floor, sir.
Commissioner Regalado: What are the purposes that we're telling them?
Mr. Vilarello: The purpose of this resolution, as I understand it...
Commissioner Regalado: No, no. The purpose -- the uses of the...
Mr. Vilarello: Oh. It's to -- for uses Public Facilities and infrastructure improvements.
Commissioner Regalado: And tax and fees reduction.
Mr. Vilarello: No. Actually, that's already in the existing legislation. This is -- those
two uses are additional provisions in the surcharge. Would you like to make it clear that
it's an addition to...
Commissioner Regalado: If you don't make it clear to the legislatures, you're going to
have a harder time -- I mean, you already have a hard time, but you're going to have a
harder time. That property...
Mr. Vilarello: For the reduction it would be for the reduction -- to assist in the reduction
of ad -valorem taxes or other special assessments and fees.
Commissioner Regalado: Ad -valorem and fees. Yes.
Commissioner Teele: I accept the amendment. Mr. Chairman, would like to...
Commissioner Sanchez: OK. There is a motion and a second, with a friendly
283 March 29, 2001
amendment. Does the maker of the motion accept the friendly amendment?
Commissioner Teele: Yes, sir.
Commissioner Sanchez: OK.
Commissioner Teele: Mr. Chairman, I think it's very important that this Commission --
and I read that Commissioner Winton went to Tallahassee and I commend you and I
publicly committed now, notwithstanding calm air, to go to Tallahassee, at your request,
Mr. Manager, when you think it's convenient to lobby on behalf of this legislation and the
entire Marlin package, but I really do think that we need to ensure that that resolution
instructs that the Manager shall provide a copy of this resolution to each of the persons or
to each business that is involved in the City of Miami that's a part of the collection of the
surcharge process, and I'd like to ensure that that's added as a friendly amendment that is
accepted by me in there as well. I don't understand why people, you know, don't get with
the program and I'm very disappointed and I think we need to be very clear, Mr.
Manager, that we're not going to allow the industry to gang up on us. Personally, on the
Florida Lottery, and maybe we made a mistake here on the Florida Lottery. The state
pays the people who collect or pay the lottery a percentage on sales tax. The state pays a
percentage. It's a small amount to businesses; is that correct, Mr. Attorney?
Mr. Vilarello: Yes. And the Parking Surcharge, since we do not.
Commissioner Teele: And on the Parking Surcharge, we do not. Mr. Manager, from one
person on this, I think it's important for you to call a meeting of the parking industry, you
and the attorney and to tell them that this Commission is open for working with them on
refining this legislation and how we do it internally. I mean, we can do that. We don't
need to go to the legislature to do that. If they're looking for something that's comparable
to what the state pays on sales tax or what the lottery pays, I don't know what these
numbers are, but I would assume it's one tenth of one percent of one percent or something
like that. We should be open to that. But what we should not give them the signal is that
we're going to ignore them and they need to be required to come to a meeting with you
and our City Attorney and they need to hear this firsthand from you all, that we're not
going to take this very lightly.
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Sanchez: All right. There is a motion and a second. With friendly
amendment. Are we ready to vote?
Commissioner Regalado: Yes.
Commissioner Sanchez: OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
284 March 29, 2001
Commissioner Sanchez: Anyone opposed, having the same right, say no
unanimously.
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 01-313
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
FLORIDA LEGISLATURE TO ENACT LEGISLATION TO AMEND
SECTION 215,503, FLORIDA STATUTES (2000), TO PROVIDE FOR
CERTAIN MUNICIPALITIES TO ENACT PROVISIONS
ESTABLISHING A PARKING FACILITY SURCHARGE TO BE USED
NOT ONLY TO REDUCE THE AD VALOREM TAX MILLAGE RATE
AND TO REDUCE OR ELIMINATE NON -AD VALOREM
ASSESSMENTS, BUT TO ALSO FACILITATE ECONOMIC
GROWTH BY CONTRIBUTION TO THE DEVELOPMENT OF
PUBLIC FACILITIES AND INFRASTRUCTURE; FURTHER
DIRECTING THE TRANSMITTAL OF A COPY OF THIS
RESOLUTION O THE DESIGNATED OFFICIALS AND
INDIVIDUALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Passes
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Gort
Commissioner Sanchez: Is there any other pocket items? Commissioner Regalado, do
you have any pocket items?
Commissioner Regalado: No, I don't.
Commissioner Sanchez: OK. Is there a motion to adjourn?
Commissioner Winton: So moved.
285 March 29, 2001
Commissioner Sanchez: There is a motion to adjourn. Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Second. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Commissioner Sanchez: Thank you very much. Good night, and may God bless each
and every one of you.
The following motion was introduced by Commissioner Winton, who moved its
adoption:
MOTION NO. 01-314
A MOTION TO ADJOURN TODAY'S COMMISSION MEETING.
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
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
286 March 29, 2001
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 8:16 PM.
ATTEST:
Walter Foeman
CITY CLERK
Sylvia Lowman
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
(SEAL)
287 March 29, 2001